Terms & Conditions

Welcome to www.fitswarm.com (Website).

This Website is owned and operated by Fitswarm Limited, trading as "FitSwarm". Fitswarm Limited is a limited company registered in England and Wales under company number 6895442, whose registered office is at 12 Conqueror Court, Sittingbourne, Kent ME10 5BH.

Your use of the Website is subject to these website terms of use (Terms). Please read them carefully before using the Website. If you do not agree to these Terms, please do not use the Website.

In these Terms we/our/us means FitSwarm, and you/your means you as a user of the Website.

Use of the website

  • By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Website.
  • We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
  • Please also read our Privacy Policy and Cookie Policy which explain how we may collect and use information about you via this Website.
  • The FitSwarm platform connects fitness, sports, health and wellbeing instructors with students, so that students can book classes with instructors who provide tuition over a live video session (the "Service"). If you use the Service as a student, the Student Terms shall govern your use of the Service. If you use the Service as an instructor, the Instructor Terms shall govern your use of the Service. In the event of any conflict or inconsistency between these Terms and either the Student Terms or Instructor Terms (as applicable), the Student Terms or Instructor Terms shall apply as appropriate.
  • By using the site, you acknowledge that we do not vet, and have no control over the conduct of, any students or instructors.

Accessing our website

  • Access to our Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
  • We may update our Website from time to time, and may change the content at any time. The content on our Website 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 our Website.
  • Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
  • If we permit you to post or provide any information on or via this Website, you must ensure that such information does not contravene any applicable laws or infringe any person's legal rights. We do not monitor or edit documents or files posted or provided to us by third parties and accordingly we do not accept any responsibility for any damage or loss you may suffer.
  • You agree that you will not:
    • attempt to decompile, reverse engineer, disassemble, copy or adapt any software or otherwise derive source code from the Website;
    • tamper with, hinder the operation of, make unauthorised modifications to the Website including attempting to interfere with the access of any user, host or network;
    • use the Website for any activities which breach any laws or regulations or infringe any third party rights;
    • remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party;
    • use the personal information of another person in order to access or use the Website or the Service;
    • transmit any bug, virus or other disabling feature to or through the Website; and
    • record or take screenshots of any classes.
  • Where you are provided with a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. The right to use the Service is personal to you, and you may not allow other people to use your log-in details.
  • You are responsible for all activity and for the accuracy of all information and requests sent using your username, password or any other personal identification implemented to identify you.
  • You must notify us immediately of any unauthorised use of your account, or other account related security breach of which you are aware.
  • If you inform us, or if we have reason to believe that, unauthorised use is being made of the Website or the Service (whether by you or through your account) then, without prejudice to our other rights and remedies, we may suspend or terminate your access to the Service immediately (and without notice to you).

INTELLECTUAL PROPERTY RIGHTS

  • We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
  • If you wish to reproduce or use information from this Website, you must contact us for express consent. You can do this by addressing your request to info@fitswarm.com.

Liability

  • We provide the Website on an "as is" and "as available" basis and to the fullest extent permissible by law we do not guarantee that our Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error, or that it will be free from viruses, worms, Trojans or other harmful elements. We recommend that you protect your equipment by having appropriate anti-virus software in place.
  • Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources so we assume no responsibility for the content of such sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
  • 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, our Website; or use of or reliance on any content displayed on our Website. In particular, we will not be liable for:
    • any injury or damage caused by your failure to exercise safely or (if you are a student) in accordance with any reasonable instructions from your instructor;
    • 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.
  • Nothing in these Terms is intended to exclude or limit for any liability that cannot be excluded or limited by law.

Linking to our website

  • We reserve the right in our absolute discretion to prohibit any link from another site to materials or information on this Website without notice. Any link to material or information on this Website must be neither misleading nor deceptive and must fairly indicate this Website as the destination of the link. 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.

Applicable law

  • These Terms shall be governed and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the courts of England in relation to any dispute in relation to them.

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