1. Terms and Conditions for Website Use
PLEASE READ OUR TERMS AND CONDITIONS FOR WEBSITE USE CAREFULLY BEFORE USING THIS SITE
What these terms cover
These terms and conditions for website use (Terms of Use) tell you the rules for using our website Swimple.co.uk (or such other domain as we may use from time to time) (Swimple or our site).
Any capitalised terms not defined herein will be defined in the Terms of Service.
Who we are and how to contact us
Swimple.co.uk is operated by Swimple Ltd (We, Us or Our). We are a company registered in Scotland under company number SC710122 and have our registered office at 20 Craigie Way, Ayr, South Ayrshire, United Kingdom, KA8 0HJ.
To contact us, or where we invite you to contact us, please email team@swimple.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
By using Swimple, you accept these terms
You confirm that by accessing and using our website you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these terms, you must not use Swimple.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of Swimple:
• Our Privacy Policy, which can be found [INSERT AS LINK]. See further under How we may use your personal information.
• Our Terms and Conditions for Service (Terms of Service), which can be found [INSERT AS LINK], which will apply to the service we provide on Swimple.
(Collectively referred to as the Terms)
We may make changes to these terms
We amend these Terms of Use from time to time. Every time you wish to use Swimple, please check our Terms to ensure you understand the terms that apply at that time. These Terms of Use are dated 19 November 2021 and have not yet been amended.
We may make changes to Swimple
We may update and change Swimple from time to time to reflect changes to our service, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw Swimple
Swimple is made available free of charge. We do not guarantee that Swimple, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Swimple for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Swimple through your internet connection are aware of the Terms and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under your arrangement with us.
Swimple is only for users in the UK
Swimple, its content, and any services provided in relation to the same are only targeted to, and intended for use by, individuals located and residing in the United Kingdom (UK). By continuing to access, view or make use of this site, you hereby warrant and represent to us that you are located in the UK. If you are not located in the UK you must immediately discontinue use of Swimple. We do not represent that content available on or through Swimple is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you might know your user identification code or password, you must promptly notify us by email.
How you may use material on Swimple
We are the owner or the licensee of all intellectual property rights on Swimple, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Swimple for your personal use and you may draw the attention of others within your organisation to content posted on Swimple.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Swimple must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on Swimple for commercial purposes without obtaining a licence to do so from us.
If you print off, copy, download, share or repost any part of Swimple in breach of these Terms of Use, your right to use Swimple will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Swimple or any services provided via, or in relation to, Swimple. This includes using (or permitting, authorising or attempting the use of):
• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on Swimple
The content on Swimple is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Swimple.
Although we make reasonable efforts to update the information on Swimple, we make no representations, warranties or guarantees, whether express or implied, that the content on Swimple is accurate, complete or up to date.
We are not responsible for websites we link to
Where Swimple contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content
This website may include information and materials uploaded by users of the site.
The views expressed by other users on Swimple do not represent our views or values.
Please see the content standards set out in our Terms of Service for further information.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us by email.
Our responsibility for loss or damage suffered by you
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our service to you, which will be set out in our Terms of Service.
If you are a Host:
We exclude all implied conditions, warranties, representations or other terms that may apply to Swimple or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, Swimple; or
• use of or reliance on any content displayed on Swimple.
In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
• any act, omission or breach arising in connection with your use or inability to use Swimple.
If you are a Swimmer:
Please note that we only provide Swimple for domestic and private use. You agree not to use Swimple for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Liability for digital content
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to Swimple
Whenever you make use of a feature that allows you to upload content to Swimple, or to make contact with other users of Swimple, you must comply with the content standards set out in our Terms of Service.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Swimple will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Swimple constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Swimple if, in our opinion, your post does not comply with the content standards set out in our Terms of Service.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload or post content to Swimple, you grant us the following rights to use that content on a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media, including to promote the site or the service, to expire when the user deletes the content from the site.
We are not responsible for viruses and you must not introduce them
We do not guarantee that Swimple will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Swimple. You should use your own virus protection software.
You must not misuse Swimple by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Swimple, the server on which Swimple is stored or any server, computer or database connected to Swimple. You must not attack Swimple via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Swimple will cease immediately.
Rules about linking to Swimple
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Swimple in any website that is not owned by you.
Swimple must not be framed on any other site, nor may you create a link to any part of Swimple other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Terms of Service.
If you wish to link to or make any use of content on Swimple other than that set out above, please contact us by email.
Which country's laws apply to any disputes
Please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
2. Terms and Conditions for Service
PLEASE READ OUR TERMS AND CONDITIONS FOR SERVICE BEFORE USING THIS SITE
What these terms cover
These are terms and conditions for the service (Terms of Service) provided on Swimple.co.uk (or such other domain as we may use from time to time) (Swimple or our site).
Please read our Terms of Service carefully before you use Swimple. They cover who we are, how we will provide our service to you, how you and we may change or end our arrangement, what to do if there is a problem and other important information.
Who we are and how to contact us
Swimple.co.uk is operated by Swimple Ltd (We, Us or Our). We are registered in Scotland under company number SC710122 and have our registered office at 20 Craigie Way, Ayr, South Ayrshire, United Kingdom, KA8 0HJ.
To contact us, or where we invite you to contact us, please email team@swimple.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
By using Swimple, you accept these terms
You confirm that through being a user of Swimple, you accept these Terms of Service and that you agree to comply with them.
If you do not agree to these terms, you must not use Swimple.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Service refer to the following additional terms, which also apply to your use of Swimple:
• Our Privacy Policy, which can be found [INSERT AS LINK].
• Our Terms and Conditions for Use (Terms of Use), which can be found [INSERT AS LINK], which will apply to your use of Swimple.
(Collectively referred to as the Terms)
Definitions
Swimmer or Swimmers refers to the person or persons who search for, book and hire a swimming pool on Swimple. They must be an adult permitted to enter into legally binding contracts under English law.
Host refers to the person or persons who owns and lists, or is responsible for listing a swimming pool on Swimple, and who accepts booking requests for listings on Swimple.
Any other capitalised terms will be defined herein.
Our relationship with you
Swimple is a platform which connects Swimmers with Hosts looking to list and hire out their swimming pools. You must create an account to become a user of Swimple - this is free and easy and can be done by anyone with an email address. Swimple does not manage, own or control any of the listings which are published by Hosts. Swimple is not party to the contract formed directly between Swimmers and Hosts and is in no way a real estate agent, insurer or retailer of travel packages.
Swimple simply connects Swimmers with swimming pools in their area and allows them to hire by the hour from a Host. Just chose a date and time and make a booking request and once the Host confirms your booking, you’re off to swim!
If your booking is not accepted
If a Host declines your booking request, we will inform you of this in writing and you will not be charged for your booking.
Swimple is only for users in the UK
Swimple is directed at people residing in the United Kingdom (UK). We do not represent that content available on or through Swimple is appropriate for use or available in other locations.
Listing on Swimple
Listings may vary slightly from their pictures
All listings need to be approved by a member of the Swimple team before being posted. Even small changes made after a listing is posted will require approval from a member of our team. Nevertheless, Swimple cannot and does not guarantee the quality, accuracy or suitability of swimming pools after they are listed.
Your rights to make changes
Swimple will not be responsible for arranging, implementing or confirming any alterations to a booking agreed directly with a Host, unless the booking is cancelled and rebooked through Swimple, with the booking alterations reflected in your new booking.
See our Terms for Swimmers and Terms for Hosts for more information.
Our rights to make changes
Swimple may, in its absolute discretion, edit, remove or delete listings to: (i) reflect changes in relevant laws and regulatory requirements; (ii) implement minor technical adjustments and improvements, for example to address a security threat; and (iii) ensure users compliance with our Terms.
See our content standards for more information.
Terms for Swimmers
Please pay close attention to the individual rules of your Host, as well as the following terms.
1. Searching and Booking with Swimple
a) Searching. You can search for swimming pools by using criteria to refine your search, such as location or available amenities. Search results are based on their relevance to your search, by considering factors like price, location, availability, fellow Swimmers reviews, Host requirements (e.g. minimum or maximum hours), and more.
b) Booking. When you book a swimming pool, you are provisionally agreeing to pay all charges for your booking including the hire price, which includes Swimple’s 10% service fee, taxes, and any other items identified during checkout (collectively, the Total Cost). The Host will receive your booking request and may contact you if they require more information about you or your party. Once accepted, you will receive the booking confirmation and you will have entered into a contract directly with the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the booking or during checkout will form part of your contract with the Host.
c) Swimming. When you book a swimming pool, you obtain a limited licence to enter, occupy, and use the facilities for the duration of time stated on your booking confirmation. The Host retains the right to access the swimming pool during your visit, to the extent that it may be reasonably necessary, permitted by your contract with the Host, and consistent with applicable law. After your swim, you will be invited to confirm its completion and leave a review for the Host. This is when the Total Cost will be released to the Host, unless you fail to confirm completion where the Total Cost will be automatically released to the Host seven days after your swim.
2. Cancellations, Refunds and Booking modifications
a) Cancellation and Refunds. A refund may be issued at our complete discretion, depending on the individual circumstances of your cancellation; whether or not the Host cancels or whether you experience something outside your control. We will only approve a request after speaking with both parties and we will always endeavour to reach an equitable resolution.
b) Booking alterations. The only way to make alterations to your booking is to cancel and rebook through Swimple. You and the Host agree to pay any additional amounts, fees, or taxes associated with any booking alteration.
3. Being a responsible Swimmer
a) When you book and use a swimming pool, you are responsible for your own acts and omissions, as well as the acts and omissions of anyone who uses the swimming pool during your booking. Therefore, in order to be a responsible Swimmer, you should:
• Leave the pool and the surrounding area in the same state you found it;
• Comply, at all times, with applicable law; and
• Act with integrity.
b) If you are planning to bring a minor or minors, or if you are booking on behalf of a minor or minors, you must be legally authorised to do so under applicable law. You shall be solely responsible for their supervision during the booking.
Terms for Hosts
As a Host, Swimple provides complete confidence when listing and hiring your swimming pool – it’s quick, easy and free! You will have complete control over your own price, availability, and rules.
1. Listing on Swimple
a) Accepting Bookings. Any booking request needs to be approved by you before it is accepted. When you do so, a contract will be formed directly between you and the Swimmer. You will solely responsible for delivering the service as described in your listing at the date and price specified in the booking confirmation or booking alteration.
b) Your relationship with Swimple. You are and always will be entirely independent from Swimple and shall not be classified as an employee, agent, or partner. Swimple will have no involvement with the provision and management of the services described in your listing.
c) Managing your listing. Swimple makes it easy to set up and manage your listing. Just add a description of all the facilities you have on offer, including photos and any additional information you would like to provide. All new swimming pools will be checked by a member of the Swimple team prior to being listed. However, you are solely responsible for keeping your listing information up-to-date, ensuring that it does not become inaccurate or misleading in any way, and that it always complies with our content standards.
d) Legal compliance. You are solely responsible for understanding and complying with applicable law, rules or regulations which apply to your listing.
2. Cancellations, Refunds and Booking Modifications
a) Cancellation and Refunds. A refund may be issued at our complete discretion, depending on the individual circumstances of your cancellation; whether or not the Swimmer cancels or whether you experience something outside your control. We will only approve a request after speaking with both parties and we will always endeavour to reach an equitable resolution.
b) Booking alterations. The only way to make alterations to a booking is to cancel and request that the Swimmer rebooks through Swimple. You and the Swimmer agree to pay any additional amounts, fees, or taxes associated with any booking alteration.
3. Being a responsible Host
a) When you list your swimming pool, you are responsible for your own acts and omissions, as well as the acts and omissions of anyone who books and attends. Therefore, in order to be a responsible Host, you should:
• Not amend or cancel a booking without good reason or sufficient notice;
• Not provide inaccurate or misleading information in your listing and ensure that the photographs and description are an informative and accurate representation of your swimming pool;
• Ensure your swimming pool currently maintains and will continue to maintain sufficient cleanliness, filtration, water quality and chemical composition.
• Adopt your own measures to reduce the risks and hazards associated with using a swimming pool and to ensure that Swimmers are made aware of this in your listing and booking confirmation.
• Clearly state the price and not collect any additional money which has not been previously specified in your listing.
• Comply, at all times, with applicable law; and
• Act with integrity.
Reviews
Once a Swimmer has finished their swim and confirmed completion, the Swimmer and Host have seven days to leave a review for one another. Please note that the accuracy or validity of reviews will not be verified by Swimple. We may, in our absolute discretion, remove any review which is offensive, discriminatory, defamatory, illegal or which infringe our Terms in any way.
Our content standards
These content standards apply to any and all material which you contribute to Swimple (User Generated Content). They must be complied with in spirit as well as to the letter.
We will determine, in our absolute discretion, whether User Generated Content breaches our content standards.
Any User Generated Content must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the applicable law in England and Wales.
User Generated Content must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the User Generated Content emanates from Swimple if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Breach of our content standards
When we consider that a breach of these content standards have occurred, we may take such action as we deem appropriate.
Failure to comply with these content standards constitute a material breach of the Terms of Service upon which you are permitted to use Swimple, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site;
• Immediate, temporary or permanent removal of any User Generated Content uploaded by you to our site;
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you; and
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms of Service. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Warranties
We disclaim all warranties on Swimple, both express and implied, and makes no warranties whatsoever for User Generated Content on or available on our site.
We do not warrant the safety, quality, existence or suitability of any listing on Swimple. Any references to a Host being “approved” or “verified” means that a listing has been approved by a member of Swimple’s team, in line with our content standards, and nothing else.
Our responsibility for loss or damage suffered by you
None of the Terms deny a Swimmer or Host their statutory rights. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Nevertheless, Swimple shall not be under any liability to a Swimmer or Host for any claims, liabilities, loss, damage or expense arising from breach of contract, our negligence or the negligence of our employees, fraud or fraudulent misrepresentation or any other loss or damage howsoever arising.
Force Majeure
Swimple will not be liable for any disruption or failure to perform obligations under a booking which result from situations outside of our reasonable control, including but not limited to, an act of God, war, riot, natural disasters, compliance with any law or governmental order, accidents, epidemics, failure of a utility service or transport network or shortages of fuel, energy, labour or materials.
Indemnification
As much as is permittable under applicable law, all users of Swimple shall agree to release, support or indemnify us for any for any claims, liabilities, loss, damage or expense whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) any breach of our Terms, including our content standards set out within these Terms of Service;
(b) any injury, loss or damage arising in connection with your use or improper use of Swimple; and
(c) your breach of any applicable law.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Assignment
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
We may transfer our agreement to someone else. We may transfer our rights and obligations under our Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your service with Swimple.
Miscellaneous
If a court finds part of our arrangement illegal, the rest will continue in force. Each paragraph of our Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing our agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your infringing our Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which country's laws apply to any disputes
Please note that these Terms of Service, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.