Swimply Terms of Service – Updated and Effective Date: February 13, 2024
Table of Contents
- Application And Introduction
- Swimply Platform And Bookings
- Payment Terms (General)
- Bookings (For Guests)
- Booking Modifications, Cancellations, And Refunds (For Guests)
- Guest Responsibilities And Assumption Of Risk
- Guest Payment Terms
- Listings And Bookings (For Hosts)
- Booking Modifications And Cancellations (For Hosts)
- Taxes (For Hosts)
- Host Responsibilities And Assumption Of Risk
- Host Payment Terms
- Swimply Platform Rules
- Social Features
- Third-Party Links
- Termination, Suspension And Other Measures
- Disclaimer Of Warranties
- Limitations On Liability
- Dispute Resolution; United States Governing Law and Venue
- Australia Addendum
- Application And Introduction
- These Terms of Service ("Terms") are a binding legal agreement between you and Swimply, Inc. ("Swimply") that govern your use of the websites, applications, or other offerings from Swimply that post or include a link to these Terms (collectively, the "Swimply Platform"). By using the Swimply Platform, you acknowledge that you have read, understand, and agree to these Terms. If you use the Swimply Platform on behalf of an entity, you represent and warrant that (1) you are authorized to agree to the Terms on behalf of the entity, and (2) the entity will be bound by the Terms.
- Please note: Sections 22.3 through Section 22.11 of these Terms (the "Dispute Resolution Agreement") contains a mandatory arbitration clause, jury trial waiver, and class action waiver that applies to all users of the Platform. This provision applies to all Disputes with Swimply and affects how Disputes with Swimply are resolved. By accessing the Swimply Platform, you agree to be bound by the Dispute Resolution Agreement.
- The Swimply Platform offers an internet marketplace that facilitates listing, offering, searching for and renting an indoor or outdoor space, including but not limited to a swimming pool, sport court, yard, or other home amenity, and its surrounding area or other venue (any, a "Venue"). In these Terms, a registered member of the Swimply Platform ("Member") who lists, offers, or provides a Venue is a "Host" and a person who searches for, rents, or uses a Venue (whether as a Member or not) is a "Guest". A Guest who wants to transact with a Host via the Swimply Platform must also be a Member. The Swimply Platform facilitates transactions between Members whereby a Host grants limited license to a Guest to enter, occupy, and use a Venue (a "Booking").
- As the provider of the Swimply Platform, Swimply does not own, control, offer or manage any Venue or Member property. Swimply is not a party to any agreement between Members. Even though Swimply may carry insurance coverage for Hosts, Swimply is not an insurer, nor is Swimply acting as an agent in any capacity for any Member.
"Account" means a registered account used by a Member to access and use the Swimply Platform.
"Applicable Laws and Rules" means applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
"Agreed Duration" means the duration of a Booking agreed upon by a Host and Guest.
"Content" means feedback, text, photos, audio, video, and other information or materials that a Member posts, uploads, publishes, submits, or transmits on or using the Swimply Platform.
"Dispute" means any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Swimply Platform, a Venue, or Content, or any interaction or communication between Members.
"Guest Fee" means the amount that Swimply charges a Guest for a Booking on the Swimply Platform.
"Host Fee" means the amount Swimply charges a Host for entering a Booking on the Swimply Platform.
"Listing" means an offer of a Venue as available for Booking posted on the Swimply Platform.
"Payment Method" means the payment method associated with an Account, such as a credit card, debit card, bank account or PayPal account.
"Payout Method" means the financial instrument associated with an Account, such as a bank account, a debit card, a prepaid card, or a PayPal account.
"Service Fees" means the sum of the Guest Fee, the Host Fee, and any charges associated with payment collection.
"Tax" or "Taxes" means direct or indirect taxes, sales taxes, occupancy taxes, lodging taxes, tourist taxes, income taxes, pool taxes, or any other taxes or fees that a Member may be required by Applicable Laws and Rules to include in the Listing price, remit, or report to governmental agencies or other entities.
"Total Price" means the Venue Fee plus Service Fees and Taxes.
"Venue Fee" means the amount due by a Guest as consideration for a Booking as provided by a Host, not including Service Fees or Taxes.
"You" or "your" means you as a Member or user of the Swimply Platform, unless otherwise specified. The Terms may apply to you as a Guest and Host concurrently.
- Swimply Platform And Bookings
- Swimply Content. The Swimply Platform includes content provided by Swimply that is proprietary to us or that is licensed or authorized for use by us ("Swimply Content") as well as Content provided by Hosts, including text, photos, videos, and other materials.
- Registration Requirements. You must create an Account to access and use many features of the Swimply Platform. Registration is permitted only for legal entities, partnerships, and natural persons who are 18 years of age or older. By creating an Account, you represent and warrant that you are over the age of 18 and not a person or entity prohibited from using the Swimply Platform under Applicable Laws and Rules. You may register directly using the Swimply Platform or by any other official registration process provided by Swimply. You agree to provide accurate, current, and complete information during registration and to keep your Account information up to date. You may not register more than one Account or transfer your Account to someone else.
- Account Credentials; Verification of Payment or Payout Method. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your Account and must immediately notify Swimply if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. If and as permitted by Applicable Laws and Rules, we may, but have no obligation to (i) ask you to provide identification or other information; (ii) undertake checks designed to help verify your identity or background; (iii) screen you against third-party databases or other sources and request reports from service providers; (iv) ask you to provide a form of government identification (e.g., driver's license or passport), your date of birth, your address, and other information; (v) require you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s); and (vi) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. If we choose to conduct identity verification on any Member, to the extent permitted by Applicable Laws and Rules, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. Swimply reserves the right to terminate, suspend, or limit access to your Account if we are unable to obtain or verify any of this information.
- Background Checks. Consistent with Applicable Laws and Rules, Swimply may conduct a background check for all Members at the time of Account creation and annually for continuing Members. When you register an Account, you authorize Swimply to submit your relevant information to law enforcement or third-party agencies for purposes of conducting a background check. By using the Swimply Platform, you certify that you are providing us "written instructions" to obtain a background check on you to determine your eligibility for use of the Swimply Platform. You further instruct us to perform ongoing background checks during your use of the Swimply Platform, as needed, to ensure continued safety of our platform and community of users. You agree to cooperate with and assist Swimply in good faith, and to provide any information we reasonably request, and to take such actions as may be reasonably requested by Swimply with respect to any background check.
- Swimply Does Not Provide Bookings. Swimply does not provide, control, manage, offer, deliver, or supply any Bookings. Hosts alone are responsible for their Listings and provisioning of their Bookings. When a Guest requests a Booking and a Host agrees to rent their Venue, the Guest and the Host are entering into a contract directly with each other. We are not, and do not become, a party to or otherwise participate in any contractual relationship between any Guest and any Host. We have no control over and do not guarantee (a) the existence, quality, safety, suitability, or legality of any Venues, (b) the truth or accuracy of any Host Content or any ratings or reviews posted by Members, or (c) the performance or conduct of any Host or Guest. We do not endorse any Host or Guest, even if a Venue is featured on the Swimply Platform or receives positive ratings or reviews. You should always exercise due diligence and care when deciding whether to communicate, interact with, and engage in any transaction with any Host or Guest. The Swimply Platform may also contain links to websites or resources offered by third parties ("Third-Party Resources"). Third-Party Resources may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of any Third-Party Resources, or the content, products, or services available from any Third-Party Resources. Links to Third-Party Resources are not an endorsement by us of those Third-Party Resources.
- Booking Modifications. Members are responsible for any booking modification they agree to make ("Booking Modification"). Members agree to pay any additional amounts, fees, or Taxes associated with any Booking Modification.
- Payment Terms (General)
Sections 5 to 8 are applicable only to Guests
- General. You authorize Swimply to collect from you amounts due under these Terms, in Swimply's sole discretion, by (i) charging the Payment Method associated with the relevant Booking, or (ii) withholding the amount from your future Payout(s). If any of our charges are rejected from the Payment Method you have indicated as your preferable Payment Method, you authorize us (without notice to you, unless required by Applicable Laws and Rules) to, in our sole discretion: (iii) retry such Payment Method; and (iv) collect from any other Payment Method we have on file for you. Specifically, you authorize Swimply to collect from you:
- Any amount due to Swimply (e.g., as a result of your Bookings, Booking Modifications, cancellations, or other actions as a Member), including reimbursement for costs prepaid by Swimply on your behalf. Any funds collected by Swimply will set off the amount owed by you to Swimply and extinguish your obligation to Swimply.
- Taxes, where applicable.
- Overstay penalties, and extra guest fees not included in your reservation, including any cost and expenses incurred in collecting the overstay penalty or extra guest fee.
- Amounts to cover damages determined to have been caused by Member to the reserved Venue.
- Any other Service Fees imposed under these Terms.
- Fees. Swimply may charge fees and, if applicable, Taxes to Members for use of the Swimply Platform. Fees or charges may include collection fees, convenience fees, third-party charges or any other fees that may be required to address your Account and are permitted by Applicable Laws and Rules. Except as otherwise expressly provided on the Swimply Platform, Service Fees are non-refundable. Swimply reserves the right to change the Service Fees at any time, and will provide Members notice of current fees. Fee changes will not affect Bookings made before the effective date of the fee change.
- Collections. Swimply reserves the right to place you into collections if you fail to timely pay any amounts due from your use of the Platform; collections may be done by Swimply or a third-party on Swimply’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by Applicable Laws and Rules, recover our reasonable costs of collection from you.
- Bookings (For Guests)
- Reserving a Listing. When you book a Listing, you are agreeing to pay the Total Price and all charges associated with the Listing identified at checkout. A Booking is created when you receive a booking confirmation. The cancellation policy and terms, policies, or conditions identified in the Listing or during checkout form part of your agreement with the Host.
- Reentry. A Guest retains the right to reenter a Venue under a Booking to the extent reentry is (i) permitted by your agreement with the Host, or (ii) consistent with Applicable Laws and Rules.
- Unauthorized Guests and Overstays. Unless a Host specifically provides otherwise, a Guest who books a Venue must be physically present at the Venue for the Agreed Duration. You may not exceed the maximum number of Guests allowed under your Booking. If you exceed the maximum number of guests the host may ask that you reduce your guest numbers to those booked or impose fees for the extra guests. If you or an additional Guest stays at a Venue past the Agreed Duration, the Host has the right to make you or the unauthorized guest leave in a manner consistent with Applicable Laws and Rules, including by imposing reasonable overstay penalties.
- Booking Modifications, Cancellations, And Refunds (For Guests)
In general, if as a Guest you cancel a Booking, the amount refunded to you is determined by the cancellation policy pursuant to the Booking.
- Guest Responsibilities And Assumption Of Risk
- Your Responsibilities. As a Guest, you are responsible and liable for your own acts and omissions and the acts and omissions of any guests you invite to access a Venue under your Booking. You are responsible for leaving a Venue and other Host property in the condition it was in when you arrived and you are responsible for any loss, theft, or destruction of the Venue and surrounding equipment from any cause during the Booking period. You agree to act with integrity, treat others with respect, and comply with Applicable Laws and Rules and the terms of your Booking at all times. If you book for an additional guest who is a minor or if you bring a minor to a Venue, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
- Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by Applicable Laws and Rules, you assume the entire risk arising out of your access to and use of the Swimply Platform including any Content or Swimply Content, use of a Venue or any other Host offering, or any other interaction you have with Members or third parties, whether in person or online. You acknowledge that you are responsible for investigating a Host and a Venue to determine whether it suits you or additional Guests. For example, access to or use of a Venue may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by accessing or using a Venue.
- Alcoholic Beverages and Mood-Altering Substances. Guests are responsible for understanding and complying with Applicable Laws and Rules related to the consumption of alcoholic beverages or mood-altering substances at a Venue. No individual under age 21 may consume or possess alcohol at a Booking. No mood-altering substances may be consumed at a booking unless legalized by local and/or federal law and the Guest is of pertinent age. As a Guest you agree that neither Swimply, nor a Swimply host, can be held liable if injury or death occurs to a Guest during a Swimply reservation if the Guest or a member of the Guest's party was consuming alcohol or a mood-altering substance, or was under the influence of alcohol or a mood-altering substance at the time of the incident.
- Food and Non-Alcoholic Beverages. Guests may not bring any container, for a beverage or otherwise, containing or consisting of glass to a Venue. Guests may be permitted to bring their own food and beverages to a Venue depending on what is authorized pursuant to your Booking, but Guests may never bring their own cooking equipment (for example, a portable grill).
- Pets. Except as permitted by Applicable Laws and Rules, you may not bring a pet to a Venue unless it is authorized under your Booking. You are fully responsible for any pet you bring to a Venue.
- Guest Payment Terms
Sections 9 to 13 are applicable only to Hosts
- Payment Method Information. When you add a Payment Method to your Account, you will be asked to provide billing information such as name, billing address, and financial instrument information. You authorize Swimply and its payment service providers to collect and store your Payment Method information. You are responsible for (i) evaluating the practices of your Payment Method provider, and (ii) complying with any additional terms or conditions of a third-party payment service provider associated with your Payment Method. Swimply is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
- Automatic Update of Payment Information. If your Payment Method account information changes (e.g., account number, routing number, or expiration date), you agree to update your Payment Method immediately. If you fail to update any changes to your Payment Method, you agree that we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
- Payment Method Verification. When you add or use a new Payment Method, you authorize Swimply to verify the Payment Method by (i) obtaining a pre-authorization via your Payment Method or (ii) charging your Payment Method a nominal amount.
- Payment Authorization. You authorize Swimply or its payment service providers to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable Taxes) in connection with your Account.
- Timing of Payment. Swimply generally charges the Total Price due after the Host accepts your Booking request. However, if you pay with a push Payment Method, Swimply will collect the Total Price due at the time of your Booking request. If Swimply is unable to collect the Total Price due as scheduled, Swimply will collect the Total Price due and potentially additional fees pursuant to Section 4. Once the payment transaction for your Booking is successfully completed, you will receive a confirmation email summarizing your Booking.
- Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Swimply will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system rules.
- Payment Restrictions. All fees related to Bookings including additional fees to Hosts and other charges must be made through the Swimply Platform. We reserve the right to decline or limit payments that we believe (i) may violate these Terms, (ii) are unauthorized, fraudulent or illegal, or (iii) expose you, Swimply, or others to risks unacceptable to Swimply.
- Listings And Bookings (For Hosts)
- Creating and Managing your Listing. As a Host, you represent that you have all rights (without restrictions) and authority to list your Venue(s) for Booking on the Swimply Platform. Your Listing must include complete and accurate information about your Venue, your Venue Fee, other charges like cleaning fees, security deposits, or Taxes, and any rules or requirements that apply to Guests, your Listing, or your Venue. You are responsible for keeping your Listing information (including calendar availability) and Content up-to-date and accurate at all times. You are responsible for ensuring your Listing complies with Applicable Laws and Rules and does not conflict with the rights of a third party. When you create a Listing, you agree to list your Venue as available for rental exclusively on the Swimply Platform (i.e. you may not double book).
- Accepting or Rejecting a Booking Request. A Member may request to book your Listing. If you do not accept or reject the request within a time period provided by the Swimply Platform (the “Booking Request Period”), the request will automatically expire and any fees collected from the Guest will be returned to the Guest. Swimply, in its sole discretion, may determine and modify the Booking Request Period from time to time.
- Contracting with Guests. A Booking is created when you receive a booking confirmation. You are solely responsible for delivering your Venue and performing your obligations under your Booking. Except as otherwise provided by these Terms, you may not request that a Guest pay a higher price or additional fees after a Booking is created. The terms, policies, and conditions specified in your Listing form part of your agreement with the Guest along with the applicable portions of these Terms. Any terms, policies, or conditions that you include in your Listing must be (i) consistent with these Terms, and (ii) prominently disclosed.
- Venue Availability. You agree to make your Venue available for the Agreed Duration.
- Venue Safety. As a Host, you represent and warrant that your Venue(s) and other amenities are maintained to ensure the health and safety of Guests, including but not limited to maintenance of water treatment, ensuring the Venue is enclosed by a fence with a locking gate or other reasonable security measures, ensuring installation and use of a drain cover, and providing a physical notice that no lifeguard is on duty, in addition to other applicable safety-related signage or notice(s) as required by Applicable Laws and Rules.
- Diving Boards and Slides. As a Host, you represent and warrant that any diving boards or slides are installed and maintained safely and in accordance with the manufacturer’s instruction. This includes safety features such as, without limitation, hand rails, proper depth of water, and no-slip grips.
- Booking Modifications And Cancellations (For Hosts)
- Host Cancellations. In general, if as a Host you cancel a Booking, the amount refunded to the Guest is determined by the cancellation policy that applies to your Booking. But in some circumstances other policies apply and determine the amount refunded to the Guest. Because cancellations disrupt Guests’ plans and diminish confidence in the Swimply Platform, Hosts should act in good faith to fulfill all Bookings. If you cancel a Booking, the Swimply Cancellation Policy, linked here and incorporated into these Terms by reference, will apply and preempt any conflicting terms in the Booking.The consequences set forth in this section will not apply if you cancel a Booking due to unforeseen circumstances beyond your control that arise after the Booking was created and make it impracticable or illegal to provide your Venue under the Booking. Such circumstances include government-declared emergencies, government travel restrictions (not including non-binding travel advisories and similar government guidance), natural disasters, acts of God, large-scale outages of essential utilities, and the circumstances described in Section 10.2.
- Cancellations for Inclement Weather. In certain circumstances, such as rain, thunder, lightning, hail, tornado, or other inclement weather posing danger to the safety of Guests, Hosts and Guests should cancel a Booking. Under such circumstances, Swimply will not assess a penalty due to the cancellation and will allow the Host to accommodate the reservation at a different date within one week, or as otherwise agreed between the Host and Guest, of the original Booking date.
- Taxes (For Hosts)
- Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under Applicable Laws and Rules to report, collect, remit, and include in your Listing all applicable Taxes.
- Tax Information. In some jurisdictions, Applicable Laws and Rules may require that we collect or report tax information about you to appropriate entities, or withhold Taxes from payouts, or both. If you do not provide us with information that we determine to be sufficient to meet such requirements, we may withhold payouts up to the amount as required by Applicable Laws and Rules until sufficient information is provided. You agree that Swimply may issue on your behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by you or our Guests. Swimply is not responsible for reporting, collecting, or remitting Taxes unless it is required to do so by Applicable Laws and Rules.
- Host Responsibilities And Assumption Of Risk
- Your Legal Obligations. You represent and warrant that your Venue(s), Listing(s), and Booking(s) comply with Applicable Laws and Rules. You agree that you are responsible for understanding and complying with Applicable Laws and Rules that apply to your Venue, Listing, Booking and your interactions with Guests and third parties. For example and not by way of limitation, some municipalities restrict the use of pools or require that a Host obtain a license or permit to list or use their Venue or to invite guests. Information Swimply provides on the Platform regarding legal requirements is for informational purposes only, should not be viewed as legal advice, and you should independently confirm your obligations. You should seek independent legal advice if you have questions about Applicable Laws and Rules concerning your Listing, Venue, or any potential or actual Dispute you may have with a Guest.
- Your Responsibilitie. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Venue or otherwise performing under your Booking. You are responsible for setting your Venue Fee and establishing the additional terms or conditions of your Listing and Booking. You must describe any and all fees and charges in your Listing description and you may not collect any fees or charges for a Booking outside the Swimply Platform.
- Food and Non-Alcoholic Beverages. Hosts may provide access to prepackaged food and beverages such as water bottles, bags of chips, or soft drinks to Guests. Hosts may not offer or provide access to (i) prepared or homemade foods; or (ii) food and beverages in glass containers; or (iii) alcohol, mood-altering substance, tobacco, or other controlled substances. You must exercise reasonable diligence to ensure glass containers are not on Venue premises during a Booking. If you offer access to outdoor cooking equipment to a Guest in your Booking (for example, a grill), you warrant that the equipment is in excellent working condition, has been inspected in the last 30 days, and will not pose any threat to the Guest but for Guest’s own misuse. Furthermore, you must provide the Guest with instructions for safe and lawful use of the equipment either through the Swimply Platform or appropriate signage on premises.
- Other On-Site Amenities. You may permit the use of additional amenities on your property (for example, a restroom). Such amenities include the use of a fire pit, fireplace, outdoor heater, or patio heater, however, Hosts are required to maintain all heating devices subject to the manufacturers specifications and must provide guests with user manuals for all heating devices. Certain high-hazard amenities, including but not limited to bounce houses, may not be offered to or used by a Guest.
- Pets. Hosts are responsible for pets on the Venue premises and must ensure their pets are kept separate and away from Guests at all times during a Booking. You must specify in your Listing if a pet is on your Venue premises and acknowledge that the pet will be kept separate and away from Guests during the Booking.
- Insurance. While Swimply may offer insurance or other guarantees and property damage protection for Hosts, we recommend that you obtain appropriate insurance for your Venue and suggest that you carefully review policy terms and conditions like coverage details and exclusions. Pursuant to Section 1.4, you understand and agree that Swimply does not act as an insurer. To see a full list and explanation of any policy limits, exceptions, what is covered and not covered for any Swimply insurance policy, other guarantees, or property damage protection, please go to this link here and check regularly for updates. You agree to cooperate with and assist Swimply in good faith, and to provide Swimply with such information and take such actions as may be reasonably requested by Swimply, with respect to any insurance, guarantee, or property damage related claim. Lack of cooperation could lead to an inability to aid you.
- Host Payment Terms
Sections 14 to 25 are applicable to all Members
- Timing of Payment Collection. Swimply generally collects the Total Price when you accept a Guest’s booking request. However, if a Guest pays with a push Payment Method, Swimply will collect the Total Price at the time of the Booking request.
- Payout. Your Payout for a Booking will equal the Total Price minus Service Fees and applicable Taxes. If a Booking is cancelled, Swimply will remit the amount you are due (if any) as provided in these Terms and applicable cancellation policy. Balances will be remitted by Swimply to a Host via the Payout Method selected by the Host, depending on the selections the Host makes via the Swimply Platform. Swimply may, in its sole discretion, round up or round down amounts payable from or to Guests and Hosts to the nearest whole dollar (e.g., $101.50 to $102.00, or $101.49 to $101.00).
- Payout Restrictions. Swimply may temporarily place a hold, suspend, or cancel any Payout for a violation of these Terms of Service, or for purposes of preventing suspected or known unlawful activity or fraud, chargeback request, risk assessment, security, or completing an investigation, or if we are unable to verify your identity. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Swimply exceeds your payout, Swimply may recover that amount from you, including by offsetting the refund against your future payouts. Swimply may also temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under these Terms as a result of a force majeure event (as defined in Section 23.8).
- Limits on Payouts. For compliance or operational reasons, Swimply may limit the amount of a Payout. If you are due an amount above that limit, Swimply may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
After a Booking, Guests and Hosts may review each other on the Swimply Platform. All reviews must occur within 14 days of the reservation. You agree that your review will be accurate and may not contain any misleading, discriminatory, obscene, harassing, deceptive, offensive, inappropriate, violent, illegal or defamatory Content. Swimply does not verify reviews for accuracy. Reviews reflect the opinions of Members and do not reflect the opinions of Swimply.
- Member Content. The Swimply Platform enables you to provide Content. By providing Content, in whatever form and through whatever means, you grant Swimply a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit that Content, without limitation. You are solely responsible for all Content that you provide and warrant that you either own the Content or are otherwise authorized to grant Swimply the rights described in these Terms. You are solely responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of a third party. Members may not post discriminatory, obscene, harassing, deceptive, offensive, violent, inappropriate, defamatory, or illegal Content.
- Communications Decency Act Notice. Swimply may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. § 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Content is limited as described therein. We are not responsible for any Content. We neither warrant the accuracy of Content nor exercise any editorial control over Content, nor do we assume any legal obligation for editorial control of Content or liability in connection with Content, including any responsibility or liability for investigating or verifying the accuracy of any Content.
- Swimply Platform Rules
- Rules. As a Member, you agree to follow these rules and to not help or induce others to break or circumvent these rules:
- Act with integrity and treat others with respect. You agree that you will not lie, misrepresent information, mislead, or pretend to be someone else. Members must be polite and respectful when communicating with other Members and third parties. Members must comply with Swimply’s Discrimination Policy found here.
- You agree not to:
- use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Swimply Platform for any purpose.
- hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Swimply Platform, Content, Swimply Content, or Members.
- decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Swimply Platform.
- take any action that could damage or adversely affect the performance or proper functioning of the Swimply Platform.
- Only use the Swimply Platform as authorized by these Terms. You agree not to:
- copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Swimply Platform or the Swimply Content or any portion of the Platform or Swimply Content.
- use, display, mirror or frame the Platform or the Swimply Content, or any individual element within the Platform, Swimply’s name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform.
- use another Member’s personal information outside of what is necessary to facilitate a transaction using the Swimply Platform and as authorized by these Terms.
- use the Swimply Platform, our messaging tools, or Members’ personal information to send commercial messages not expressly permitted by these Terms.
- use Content or Swimply Content made available through the Swimply Platform beyond what is necessary to enable your use of the Swimply Platform as a Member.
- use Content unless you have permission from the Content owner or the use is authorized by us in these Terms.
- require or encourage Guests to open an Account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Booking, unless authorized by Swimply.
- engage in any practices that are intended to manipulate our search algorithm.
- use, copy, display, mirror, or frame the Swimply Platform, any Content or Swimply Content, any Swimply branding, or any page layout or design without our consent.
- Honor your legal obligations.
- You agree to understand and follow Applicable Laws and Rules that apply to you, including privacy and data protection law.
- If you provide us with someone else’s personal information, you (a) must do so in compliance with Applicable Laws and Rules, (b) must be authorized to do so, and (c) authorize us to process that information.
- You agree to read, keep up to date with any updates, and follow these Terms and any other Swimply policies, guidelines, and standards made available on the Platform.
- You may not use the name, logo, branding, or trademarks of Swimply or others without express written permission from Swimply.
- You may not use or register any domain name, social media handle, trade name, or other source identifier that may be confused with Swimply branding.
- You may not list or offer a Venue that violates Applicable Laws and Rules or agreements that apply to you.
- You may not export, re-export, import, or transfer any Swimply application except as authorized by United States law, the export control laws of your jurisdiction, and any other Applicable Laws and Rules.
- You agree not to list, rent, or book any Venue listed on the Swimply Platform through means outside the Swimply Platform. You may not use the Swimply Platform, Swimply Content, or Content to facilitate or enter Venue rental transactions independent of the Swimply Platform. If a Member violates this rule, they agree, in addition to all other remedies available to Swimply, to pay Swimply the fees they would have incurred if the rental had been confirmed through a Booking on the Swimply Platform.
- You agree not to accept or make a payment for a Booking outside the Swimply Platform.
- Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Swimply. In addition, if you believe that a Member, Listing or Content has violated our Terms, you should report your concerns to Swimply at email@example.com . If you reported an issue to local authorities, Swimply may request a copy of that report and, subject to Applicable Laws and Rules, you agree to provide the same to Swimply. Except as required by Applicable Laws and Rules, you agree that we are not obligated to act in response to any report.`
- Copyrights And Other Intellectual Property. You may not use the Swimply Platform for any purpose or in any manner that infringes the rights of any third party. Swimply encourages you to report any Content on the Swimply Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing Content. If you have a good faith belief that Content on the Swimply Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
- Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Swimply has a designated agent for receiving notices of copyright infringement and Swimply follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Swimply's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Swimply's copyright agent for notice of claims of copyright infringement on or regarding the Swimply Platform can be reached as follows: Mailing address: Legal c/o Swimply, Inc. 420 N. Highland St. Arlington, VA 22201 Email address: firstname.lastname@example.org NOTE: This contact information is for inquiries regarding potential copyright infringement only. Please put the statement “DMCA Takedown Notice” in the subject field of your email.
- Other Intellectual Property. If you believe that any Content on a Swimply Platform violates your exclusive rights other than copyrights, please provide Swimply at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the Content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding Content on the Swimply Platform to: email@example.com
- General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your Content along with that of the alleged infringer pending resolution of the matter.
The Swimply Platform may offer features that enable interactions between the Swimply Platform and a third-party service (each, a “Social Application”), such as enabling you to “share” content to other services. By using such features, you acknowledge and agree to the following: (a) if you use a feature to share information relating to your activity on the Swimply Platform, you are consenting to your information and content being shared; (b) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Swimply has not provided such information; and (c) your use of a Social Application is at your own option and risk, and you will hold the Swimply harmless for the sharing of information relating to your activity on the Swimply Platform. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
- Third-Party Links
There may be links from the Swimply Platform, or communications you receive from the Swimply Platform, to third-party sites or properties or the Swimply Platform may include third-party content that we do not control, maintain or endorse. Swimply has not reviewed all of the third party sites linked to the Swimply Platform and is not responsible for the content of any off-site pages or any other sites linked to the Swimply Platform. Your linking to any other off-site pages or other sites controlled by third parties is at your own risk. You expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. Your correspondence and business dealings with others found on or through the Swimply Platform including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. We encourage you to review all policies, rules, and terms, including the privacy policies and terms of each and any third-party site that you visit.
- Termination, Suspension And Other Measures
- Term. The agreement between you and Swimply reflected by these Terms is effective when you access the Swimply Platform (for example, to create an Account) and remains effective until either you or we terminate the agreement in accordance with these Terms.
- Termination. Swimply reserves the right to terminate your access to and use of the Swimply Platform or any of its features in its sole discretion, without notice and liability, including without limitation if (a) you have materially breached your obligations under these Terms, (b) you have violated Applicable Laws and Rules, regulations or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Swimply or third parties. If your access to your Account and your access to the Swimply Platform has been terminated or suspended, you may not register a new Account or access and use the Swimply Platform through an Account of another Member.
- Member Violations. Swimply reserves the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent permitted by Applicable Laws and Rules. If (i) you breach these Terms, (ii) you violate another Swimply policy, guideline, or standard, (iii) you violate Applicable Laws and Rules or, (iv) we believe it is reasonably necessary to protect Swimply, a Member, or third party, we may, without notice:
- suspend or limit your access to or use of the Swimply Platform or your Account;
- suspend or remove Listings, reviews, or other Content;
- cancel pending or confirmed Bookings; or
- suspend or revoke any special status associated with your Account.
- Legal Mandates. Swimply may take any action it determines is reasonably necessary to comply with Applicable Laws and Rules.
- Effects of Termination. If you are a Host and terminate your Account, any Booking(s) will be automatically cancelled and your Guests will receive a refund in accordance with these Terms. If you terminate your Account as a Guest, any Booking(s) will be automatically cancelled and any refund will depend upon the terms of the Booking's cancellation policy. When your Account has been terminated, you are not entitled to a restoration of your Content.
- Survival of Terms. Parts of these Terms that by their nature survive termination, will survive termination of these Terms.
Swimply may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Swimply Platform and update the “Last Updated” date of the Terms. Changes to the Terms are effective at the time of posting. We will provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate your Account . If you do not terminate your Account before the date the revised Terms become effective, your continued access to or use of the Swimply Platform will constitute acceptance of the revised Terms.
- Disclaimer Of Warranties
We provide the Swimply Platform and all Swimply Content and Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Venue, Listing, Host offering, or third party, (ii) we do not warrant the performance or non-interruption of the Swimply Platform, and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Swimply has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
- Limitations On Liability
- Neither Swimply (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Swimply Platform or any Content or Swimply Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Swimply Platform or any Content or Swimply Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Swimply Platform, or (iv) publishing or booking of a Listing, including the provision or use of a Venue, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Swimply has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
- Except for our obligation to transmit payments to Hosts under these Terms, to the maximum extent permitted by law, in no event will Swimply’s aggregate liability for any Dispute, exceed:
- to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability;
- to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability; or
- to anyone else, one hundred U.S. dollars ($100.00).
- These limitations of liability and damages are fundamental elements of the agreement between you and Swimply. If Applicable Law and Rules do not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by law, you agree to release, defend (at Swimply’s option), indemnify, and hold Swimply (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your violation of another Swimply policy, standard, rule, or guideline, (iii) your improper use of the Swimply Platform, (iii) your interaction with any Member or provision or use of a Venue, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, provision or use (including, without limitation, personal injury, theft or death), (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of Applicable Laws and Rules.
- Dispute Resolution; United States Governing Law and Venue
- Governing Law/Venue. As between Swimply and you, these Terms will be governed by the laws of the State of California, without regard to the choice of law or conflicts of law provisions of any jurisdiction. Any arbitration proceedings will be governed by federal arbitration law and by the JAMS, Inc. (“JAMS”) rules. Except for Disputes specified in Section 22.3, both Swimply and you submit to the exclusive jurisdiction of the state and federal courts located in the State of California for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm.
- Disputes Between Members. While Swimply may facilitate informal Dispute resolution between Members (e.g. Guests and Hosts), you agree that this Section 22 and any Dispute resolution provisions in these Terms including the Dispute Resolution Agreement are only applicable with regard to Disputes between you and Swimply. Disputes between Members must be handled directly between the Members without involving Swimply.
- Binding Arbitration. Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Swimply agree: (a) to waive your and Swimply's right to have any and all Disputes resolved in a court; and (b) to waive your and Swimply's right to a jury trial. Instead, you and Swimply agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. You and Swimply agree that Disputes are personal to you and Swimply, and that Disputes will be resolved solely through individual arbitration, class action or any other type of representative proceeding. You and Swimply agree that a Dispute cannot be brought as a class or other type or representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Federal Arbitration Act. You and Swimply agree that these Terms affect interstate commerce and that the enforceability of the Dispute Resolution Agreement shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by Applicable Laws and Rules.
- Process. You and Swimply agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to Swimply shall be sent by certified mail or courier to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Swimply cannot agree to resolve the Dispute within thirty (30) days of Swimply receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this Dispute Resolution Agreement. You and Swimply agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arises; otherwise, you and Swimply agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the dispute). You and Swimply agree that (1) any arbitration will occur in Los Angeles County, California (or in or near your hometown if the JAMS rules so require), which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Los Angeles County, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
- Batch Arbitration. You and Swimply agree that, in the event that there are fifty or more individual requests for arbitration of a similar nature filed against Swimply within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Swimply agree (1) to work with JAMS in good faith to facilitate the resolution of Disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
- Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability. If any provision of this Dispute Resolution Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution Agreement are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by Applicable Laws and Rules.
- Changes/Opt-Out. You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing Swimply with written notice to: Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201. In order to be effective, the notice must include your full name, be received by Swimply at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate. Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms. Notwithstanding the modification-related provisions in these Terms, if we revise the Dispute Resolution Agreement, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Swimply with written notice to: Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201. In order to be effective, the notice must include your full name, be received by Swimply at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution Agreement. By rejecting changes, you are agreeing to resolve Disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.
- Entire Agreement. These Terms, including any policies referenced herein, constitute the entire agreement and understanding between Swimply and you with respect to your use of the Swimply Platform, Swimply Content, and the Content, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of the Swimply Platform, Swimply Content, and the Content.
- No Waiver. Swimply's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Swimply's prior written consent. Swimply may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.
- Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Swimply via email, Swimply Platform notification, messaging service, or any other contact method we enable and you provide.
- Special Terms For Apple iOS Devices. Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a Swimply application acquired from the Apple App Store to access the Swimply Platform on an Apple iOS device (“Swimply iOS App”).
- Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Swimply, not Apple, is solely responsible for the Swimply iOS App and the content thereof. You further acknowledge that Swimply may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
- Scope of License. You are granted a license to use the Swimply iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
- Maintenance and Support. We are solely responsible for providing maintenance and support for the Swimply iOS App, as specified in these Terms or as required under Applicable Laws and Rules. You and Swimply acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Swimply iOS App.
- Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a Swimply iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Swimply iOS App to you; and that, to the maximum extent permitted by Applicable Laws and Rules, Apple will have no other warranty obligation whatsoever with respect to the Swimply iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
- Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a Swimply iOS App or your possession and/or use of the Swimply iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the Swimply iOS App fails to conform to any Applicable Laws and Rules requirements; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by Applicable Laws and Rules.
- Intellectual Property Rights. In the event of any third-party claim that a Swimply iOS App or your possession and use of such Swimply iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
- Google Terms. Some parts of the Swimply Platform may use Google Maps/Earth. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service located here: https://www.google.com/help/terms_maps/.
- Swimply Content And Content On The Swimply Platform. Swimply Content and Content made available through the Swimply Platform may be protected by copyright, trademark, and/or other Applicable Laws and Rules of the United States and other countries. You acknowledge that all intellectual property rights for Swimply Content are the exclusive property of Swimply or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Swimply Content and Content accessed through the Swimply Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Swimply grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Swimply mobile applications on your personal device(s), and (ii) access and view the Content and Swimply Content made available on or through the Swimply Platform and accessible to you, solely for your personal and non-commercial use.
- Force Majeure. Swimply shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Account. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the tools provided in those emails or using the notification preferences in your account settings.
- Purpose of Headings. Headings in these Terms are solely for reference objectives and do not limit the scope or extent of the Terms.
- Swimply Price Discretion. Swimply, in its sole discretion, may increase or discount a Host’s listed Venue Fee or a Guest Fee in any manner it deems appropriate, including but not limited to providing promotional codes to Guests.
- Promotional Offer Terms. From time to time, Swimply may offer promotions. The following terms apply to all promotional offers, unless we provide otherwise:
- All promotions are limited time offers.
- Swimply reserves the right to modify or cancel an offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- A promotional offer is limited to one per customer and Account.
- A promotional offer may not be combined with other offers.
- A promotional offer is non-transferrable and may not be resold.
- A promotional offer discount will be allocated proportionally among all promotional items in your order.
- If you violate any of the promotional offer terms, the offer will be invalid.
- Contact us. If you have any questions about these Terms, please select the ‘Help’ button within our Help Center.
- Australia Addendum
View the Australia Addendum here.