Eswatini Swimming Online Service - Terms of Use Agreement
Welcome to the Eswatini Swimming app, the online and mobile service of Eswatini Swimming Association. (“Eswatini Swimming”, “Eswatini Swimming, “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web sites (including without limitation team, league, or other pages or applications hosted on or provided by the Eswatini Swimming platform), and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Eswatini Swimming Privacy Policy, whether or not you are a registered user of our Service. Eswatini Swimming reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
These Site Terms are not intended to alter the terms or conditions of any agreement you may have with Eswatini Swimming, its subsidiaries or affiliates, such as an agreement to participate in any Eswatini Swimming event. To the extent of any conflict, the terms of your agreement will prevail.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND LITIGATION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN LITIGATIN OR CLASS ACTIONS.
Use of Our Service
Eligibility
You may use the Service only if you can form a binding contract with Eswatini Swimming, and only in compliance with this Agreement and all applicable national and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Eswatini Swimming.
Service License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non- commercial use only (unless you are an Organization, as defined below) and as permitted by the features of the Service. Eswatini Swimming reserves all rights not expressly granted herein in the Service and the Eswatini Swimming Content (as defined below).
Eswatini Swimming Accounts
Your Eswatini Swimming account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We maintain different types of accounts for different types of Users, such as Clubs, Learn to Swim Schools, athletes of various aquatics disciplines, teams, associations, other organizations or entities and their representatives (“Organization(s)”), parents, technical officials, coaches, instructors, administrators, employees or volunteers. If you open a Eswatini Swimming account on behalf of a company, affiliate Organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement (and to any related agreements which you agree to on its behalf), and that you agree to this Agreement on the entity’s behalf. By connecting to Eswatini Swimming with a third-party service, you give us permission toaccess and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Eswatini Swimming immediately of any breach of security or unauthorized use of your account. You agree that Eswatini Swimming will not be liable for any losses caused by any unauthorized use of your account or of any password you create for your account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Eswatini Swimming with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page; provided that you may not opt-out of Service-related e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Eswatini Swimming servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently ortemporarily terminate or suspend your access to the Service or to any features of the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Eswatini Swimming Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Eswatini Swimming shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Security
Eswatini Swimming cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Material
The Service may contain links to third-party websites or information about third parties, such as advertisers, affiliate Organizations, or their respective services, special offers, or other events or activities that are not owned or controlled by Eswatini Swimming. Eswatini Swimming does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services, including without limitation those embedded within Organization pages hosted on the Service. Without limiting the generality of the foregoing, Eswatini Swimming shall not be responsible for the completeness or accuracy of any information hosted or provided by any third party sites or for deleting any such information. If you access a third party website or content from the Service, you do so at your own risk, and you understand that this Agreement and Eswatini Swimming’s Privacy Policy do not apply to your use of such sites or services. You expressly relieve Eswatini Swimming from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with third parties such as advertisers or other Users found on the Service or participation in their promotions or activities, including without limitation payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that Swim SA shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including without limitation in relation to your participation in any activities of Organizations or the participation of any User in connection with such activities).
User Content
Some areas of the Service allow Users to post or submit content such as profile information, biographical information, text, pictures, comments and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service or to Eswatini Swimming is “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Eswatini Swimming has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person orproperty; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is incorrect and current or (ix) violates any team, league, or other applicable policy. You agree that, and represent and warrant that, any User Content that you post, and Eswatini Swimming’s use thereof as contemplated by this Agreement and the Service, does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Eswatini Swimming reserves the right, but is not obligated, to reject and/or remove any User Content that Eswatini Swimming believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
(i) You are solely responsible for obtaining all consents as may be required by law to collect or submit any User Content (including without limitation any personally identifiable information such as biographical information) relating to third parties;
(ii) If you are an affiliate Organization that uses Eswatini Swimming to perform Services on your behalf, you agree that you shall post, and are solely responsible for posting, all applicable privacy policies or notifications on your site, including instances in which your site is hosted or maintained by Eswatini Swimming, and for making all appropriate disclosures to visitors to the site, and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as Eswatini Swimming; and
(iii) If you are an affiliate Organization that uses Eswatini Swimming to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with Eswatini Swimming or hosted on Eswatini Swimming’s servers certain types of personal information that could trigger breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, identification numbers, driver’s license numbers, bank account or credit card numbers, unless such information is provided to Swim SA in a system specifically designed to protect and store such information. If such information is shared with Eswatini Swimming or hosted on Eswatini Swimming’s servers in a manner that Eswatini Swimming deems to be insecure, Eswatini Swimming has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers breachnotification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
(iv) Eswatini Swimming may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Eswatini Swimming takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Eswatini Swimming shall not be liable for any damages you allege to incur as a result of User Content. You understand that Organizations are solely responsible for their independent data practices and their use or distribution of User Content or any other information or data obtained via the Service.
User Content License Grant
By posting any User Content on the Service or otherwise submitting User Content to Eswatini Swimming, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Swim SA a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, and/or likeness as contained in your User Content, in accordance with your settings and this Agreement, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Eswatini Swimming’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Copyright Infringement Notice
Eswatini Swimming provides certain information (“the Content”) on the Website. Content currently or anticipated to be displayed at this Website is provided by Eswatini Swimming, its affiliates or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Eswatini Swimming, its affiliates or any other third party owner of such rights (“the Owners”), and is protected by Eswatini and International copyright laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
Since we respect content owner rights, it is Eswatini Swimming’s policy to respond to alleged infringement notices that comply with the Copyright Act 98 of 1978.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Eswatini Swimming. For your complaint to be valid, you must provide the following information in writing:
i. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
ii. Identification of the copyrighted work that you claim has been infringed;
iii. Identification of the material that is claimed to be infringing and where it is located on the Service;
iv. Information reasonably sufficient to permit Eswatini Swimming to contact you, such as your address, telephone number, and, e-mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
vi. A statement, made under oath, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following address:
Attn: Copyright Infringement Notice
Eswatini Swimming.
Address:
Les Brown Swimming Pool
5 Les Brown Way
Harare
Eswatini
Email: service@Eswatiniaquatics.org
In accordance with the Copyright Act and other applicable law, Eswatini Swimming has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Eswatini Swimming may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Eswatini. In addition, if you are, or represent, an affilaiate Organization, to the extent you or your Organization shares with any third party data that is collected by or stored on the Service, you represent and warrant that you have all required consents to collect and share such data with such third parties.
Consumer protection act, protection of personal information act and other laws
If this Privacy Policy or any provision in this Privacy Policy is subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIAor such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are adhered to.
No provision of this Privacy Policy:
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires You to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
Our Rights
Eswatini Swimming Content
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Eswatini Swimming Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Eswatini Swimming and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Eswatini Swimming Content. Use of the Eswatini Swimming Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products, and requests for improvements to the Service may be contained in an order form, statement of work, or otherwise (collectively, “Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Eswatini Swimming under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Any improvements made to the Service as a result of any Idea will be solely owned by Eswatini Swimming. You further acknowledge that, by acceptance of your submission, Eswatini Swimming does not waive any rights to use similar or related ideas previously known to Eswatini Swimming, or developed by its employees, or obtained from sources other than you.
Eswatini Swimming Data
Certain aspects of the Service may allow you to obtain, view or access certain facility, training, team, or player statistics or records, fictional property representing real-world or virtual achievements, orto access other data or information which has been provided by other User(s) or developed by Swim SA (“Eswatini Swimming Data”). You understand and agree that regardless of terminology used, Eswatini Swimming Data represents a limited license right governed solely by the terms of this Agreement and available for distribution at Eswatini Swimming’s sole discretion. Eswatini Swimming Data is not redeemable for any sum of money or monetary value from Eswatini Swimming at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Eswatini Swimming on Eswatini Swimming servers, including without limitation any data representing or embodying any or all of your Eswatini Swimming Data. You agree that Eswatini Swimming has the absolute right to manage, regulate, control, modify and/or eliminate Eswatini Swimming Data as it sees fit in its sole discretion, in any general or specific case, and that Eswatini Swimming will have no liability to you based on its exercise of such right. All data on Eswatini Swimming’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Eswatini Swimming’s servers, may be deleted, altered, moved or transferred at any time for any reason in Eswatini Swimming’s sole discretion, including at the request of another user or other third party, with or without notice and with no liability of any kind. Eswatini Swimming does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, and attributed to any data residing on Eswatini Swimming’s servers.
Trademarks and publicity
Eswatini Swimming trademarks, the Eswatini Swimming logo, and any other product, event, or service name or slogan contained on the Site are trademarks of Eswatini Swimming and its suppliers or licensors, and may not be copied, imitated, or used, whether in whole or in part, without the prior written permission of Eswatini Swimming or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Eswatini Swimming" or any other name, trademark or product or service name of Eswatini Swimming without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Eswatini Swimming and may not be copied, imitated or used, whether in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Payment Processing Services
If you or an Organization that you represent signs up for any aspect of the Service by which Eswatini Swimming facilitates the processing of payments Users make to such Organization by credit card or debit card, you acknowledge that Eswatini Swimming contracts with various third parties, such as banks and payment processors, to facilitate such payment processing.
Indemnity
You agree to defend, indemnify, and hold harmless Eswatini Swimming and its agents, licensors, managers, and affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, such as your failure to obtain any necessary consents for submission of User Content or other information to the Service or to Eswatini Swimming; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; (vii) your involvement with or participation in any Organizations’ activities (if applicable); (viii) in the case of an Organization, any other User’s involvement with you or participation in your activities (if applicable); Your obligations under this section will survive termination of this Terms of Use Agreement.
No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Eswatini Swimming or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Eswatini Swimming, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Eswatini Swimming does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Eswatini Swimming service or any hyperlinked or embedded website or service (including without limitation those offered by other users, such as organizations), and Eswatini Swimming will not be a party to or in any way monitor any transaction between you and third- party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Eswatini Swimming, its affiliates, agents, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Eswatini Swimming be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Eswatini Swimming assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Eswatini Swimming has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from facilities in Eswatini. Eswatini Swimming makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Eswatini laws and regulations, including but not limited to export and import regulations.
Governing Law
This Website is controlled, operated and administered by Eswatini Swimming from its offices as set out below within the Republic of Eswatini. Eswatini Swimming makes no representation that the content is appropriate or available for use in any other locations or countries. Access to the Service from territories or countries where the Content is illegal, is prohibited. The User may not use this Service in violation of Eswatini export laws and regulations. If the User accesses this Service from locations outside of Eswatini, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Kingdom of Eswatini and the User consents to the jurisdiction of the Gauteng Provincial Division of the High Court, in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
Disputes & Arbitration
Informal Dispute Resolution
If any dispute, difference or claim (“Dispute”) shall arise between Eswatini Swimming and Users of the Service, out of or in relation to or in connection with the Service, including, but not limited, any question regarding the existence, validity, performance, breach, interpretation, application, expiry or termination or as a result of the withholding of any consent or agreement required in terms of the Service agreement, both while in force and after its expiry or termination, the party claiming such dispute shall forthwith advise the other Party in writing thereof. Within 5 (five) calendar days (orsuch lesser period as may be reasonable, in the event of any Disputes of a technical nature) of receipt of such notice, the parties (as well as any relevant appointed Third Party) shall meet and negotiate in good faith in order to resolve such Dispute within a period of 10 (ten) calendar days.
FORMAL DISPUTE RESOLUTION
Should the Parties fail to resolve a Dispute within the period stipulated or such longer period as they may agree, the Dispute shall be resolved in terms of the provisions set out below, save in respect of those provisions of this Agreement which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any Dispute arising from or in connection with this Agreement will be finally resolved by arbitration as follows:
the arbitrator shall be if the question in issue is -
- primarily an accounting matter an independent accountant agreed upon between the Parties;
- primarily a legal matter, a practising advocate with no less than 10 (ten) years standing agreed upon between the Parties;
- any other matter an independent person agreed upon between the Parties.
The Party calling the Dispute (“the referring Party”) shall nominate in writing, 3 (three) arbitrators of its choice to determine the Dispute and shall furnish such nomination to the other Party. The other Party shall, within 14 (fourteen) days after receipt of the nomination, nominate 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator. In the event that the other Party fails to nominate or fails to agree on the arbitrator to be appointed as contemplated herein, then an independent party nominated by the referring Party shall, in its sole discretion, be requested to appoint 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator as contemplated herein and the Parties hereby accept such appointment as binding between them;
The arbitration shall be held in Johannesburg.
The arbitration shall otherwise be held in accordance with the rules and in accordance with the formalities and procedures as agreed between the Parties upon the appointment of the arbitrator, and if no such agreement has been reached, as settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and the provisions of the Arbitration Act, 1965;
the arbitrator shall be entitled to:
- investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with any matter referred to him for decision;
- make such award, including an award for specific performance, an interdict, damages or a penalty or the costs of arbitration or otherwise as he in his discretion may deem fit and appropriate; and
The arbitration shall be held as quickly as possible after it is demanded, with a view to it being completed within 30 (thirty) days after it has been so demanded.
This clause will be severable from the rest of this Agreement so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of this Agreement.
Neither Party shall be entitled to withhold performance of any of their obligations, in terms of this agreement, pending the settlement of, or decision in, any Dispute arising between the Parties, and each Party shall in such circumstances continue to comply with their obligations in terms of this Agreement.
General
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eswatini Swimming without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
Eswatini Swimming may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Eswatini Swimming in our sole discretion. Eswatini Swimming reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Swim SA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Eswatini Swimming may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Eswatini Swimming in connection with the Service, shall constitute the entire agreement between you and Eswatini Swimming concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Eswatini Swimming’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact
Please contact us at service@eswatiniaquatics.org with any questions regarding this Agreement. This Agreement was last modified on January, 25 2022.