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General Term and Conditions (GTCs)

swimvoicecoach.com March 2016

1 Preamble

Kinetic Skills AG, with its headquarters in Olten, Switzerland, operates a swimming platform swimvoicecoach.com, focused on swim training, (hereinafter: “SwimVoiceCoach”).
Users can generate acoustic swim trainings, procure products and services, etc.
SwimVoiceCoach’s service offer is exclusively aimed at individuals of full age.
SwimVoiceCoach allows access to and use of the platform based on these general terms and conditions (hereinafter: “GTCs”).
The GTCs regulate the relationship between SwimVoiceCoach as the operator of the platform, registered users and third parties or partners.
By registering as a SwimVoiceCoach user, you are accepting the following GTCs for the use of SwimVoiceCoach.
The user may view, print and save these GTCs at any time, including after conclusion of a contract, using the GTCs link.

2 Registration

SwimVoiceCoach is available to all registered users. Registration is free. We reserve the right to charge a fee for the additional premium services of SwimVoiceCoach.
Registration is only open to individuals of full age.
Each user may only register with SwimVoiceCoach once and by registering guarantees that he is not already a member or that he has already deleted any existing account he had.
To register, the user must fill out the mandatory fields on the registration form completely, correctly and truthfully. It is strictly forbidden to register a user with incorrect or otherwise unacceptable information.
When creating a user account (hereinafter: “account”), the user must enter his correct, given name.
Every user can decide individually which of these forms he would like to be identified by in the different forums, groups, messages, blogs, etc.
Users are not expressly entitled to conclude a contract of use. SwimVoiceCoach is entitled to refuse any registration without the need for justification.
Identification of people on the Internet is only possible to a limited extent. Consequently, SwimVoiceCoach cannot provide any guarantee of the correctness of the actual identity of a user. Every user must convince himself of the identity of other users.

3 Deleting an account

If a user would like to delete his SwimVoiceCoach account, he may terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
The user can cancel his membership by sending an e-mail to hello@swimvoicecoach.com.
SwimVoiceCoach may also terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
Once an account is deleted successfully, all the user’s personal information is permanently deleted from the platform.
Contributions that the user has made publicly available via the SwimVoiceCoach platform prior to leaving (e.g., in forums, within groups, etc.) shall also remain visible following successful deletion of the account – however, no name will be shown and a message will appear stating that the user who submitted the contribution is no longer registered.

4 General terms and conditions of use

As a fundamental rule, no claims can be asserted with respect to the use of the SwimVoiceCoach platform. Users use SwimVoiceCoach at their own risk. The user is exclusively liable for any damage sustained to his personal system arising from the use of SwimVoiceCoach.
SwimVoiceCoach does not provide any guarantee of the correctness of the data or information linked to on third-party websites.
All users are prohibited from using technical interventions (such as running scripts, hacking attempts, distribution of viruses, worms, Trojan horses, brute force attacks, etc.) to compromise the functioning of SwimVoiceCoach.
It is also prohibited to use SwimVoiceCoach to disseminate discriminatory, defamatory, racist, pornographic, violent or any other illegal data or statements.
The user is prohibited from using SwimVoiceCoach to disseminate advertisements, political contributions, bulk mails, chain letters or competitions.
No information concerning other users may be collected, saved or distributed in any other way unless the user in question has provided his explicit authorization.
The information and e-mail addresses of other users must not be used for commercial purposes or the sending of unsolicited advertising materials.
All applications exist only within the scope of the current state of the art of the technology. It may prove necessary for certain services to be subjected to temporary restrictions (capacity limits, security releases, etc.). Users will be notified of expected maintenance periods accordingly.
The SwimVoiceCoach platform also includes links to third-party contents. These third-party contents are identified with a corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible party identified as offering it.
SwimVoiceCoach entitled to supply user data to partners for the performance of premium services.
Insofar as legal, judicial or official regulations oblige SwimVoiceCoach to do so, SwimVoiceCoach is entitled to supply user data.

5 User obligations

The password selected during registration must be treated confidentially and not provided to third parties.
Users are prohibited from allowing third parties to use SwimVoiceCoach with other information. Should SwimVoiceCoach incur any damages arising from an account, the account holder shall be liable without restrictions.
Users are fundamentally obliged, in the presence of sustained evidence, to inform SwimVoiceCoach immediately of any breaches of these GTCs or other misuse.
Users are obliged to inform SwimVoiceCoach immediately if there is reason to suspect that a third party has become aware of access data and/or misused an account.

Users of the SwimVoiceCoach service need to possess the appropriate copyrights of the works they use together with the service. SwimVoiceCoach ensures the data is user specific and cannot be shared through the platform.

6 Copyrights and rights of use

SwimVoiceCoach is a registered trademark.
In so far as a user makes legally protected contents publicly available via SwimVoiceCoach (text, images, videos, graphics, links, etc.), the user bears full responsibility. The user must ensure that no third-party rights (copyright, right of use, trademark rights or personal rights) are infringed upon.
Should third parties assert claims, the user shall be absolutely liable. SwimVoiceCoach does not accept any liability. The user shall bear the full cost of any necessary legal defense in the statutory amount (court costs and legal fees).
In the case that third parties assert claims, the user is obliged to provide SwimVoiceCoach immediately with all the information available to him that may be required for the investigation of the matter and for its defense.
Additional claims for damages that SwimVoiceCoach has over the user shall remain unaffected.
SwimVoiceCoach reserves the right to remove this type of contents and/or links to other contents without prior notice, if and insofar as SwimVoiceCoach has specific reason to believe that making said contents publicly available constitutes a breach of statutory provisions or the GTCs.
All attempts to use the available contents for business, industrial or any other commercial purposes are strictly prohibited.
With the exception of the legally admissible cases, the contents made available via SwimVoiceCoach must not be copied, distributed or made publicly accessible in any other way without the permission of the respective holder of rights.
The user grants SwimVoiceCoach a complete right of use for the further use of the material on SwimVoiceCoach.
The further use of any source codes by SwimVoiceCoach is hereby excluded.
Compliance with the GTCs is essential for the correct functioning of SwimVoiceCoach. Consequently, SwimVoiceCoach imposes sanctions on users if it has specific reason to believe that a user has breached statutory provisions, the accepted principles of morality or the GTCs or has infringed upon third-party rights.
In addition, SwimVoiceCoach is also entitled to remove incriminated contents from the SwimVoiceCoach network without prior notice.
When selecting the sanctions to impose, SwimVoiceCoach shall take the legitimate interests of the user in question into account.
The following measures are available to SwimVoiceCoach: deletion of a user’s contents, the issuing of a caution to a user, the temporary and permanent blocking of an account and the deletion of an account.
Blocked users are prohibited from reregistering with SwimVoiceCoach.

7 Sanctions in case of breaches

Compliance with the GTCs is essential for the correct functioning of SwimVoiceCoach. Consequently, SwimVoiceCoach imposes sanctions on users if it has specific reason to believe that a user has breached statutory provisions, the accepted principles of morality or the GTCs or has infringed upon third-party rights.
In addition, SwimVoiceCoach is also entitled to remove incriminated contents from the SwimVoiceCoach network without prior notice.
When selecting the sanctions to impose, SwimVoiceCoach shall take the legitimate interests of the user in question into account.
The following measures are available to SwimVoiceCoach: deletion of a user’s contents, the issuing of a caution to a user, the temporary and permanent blocking of an account and the deletion of an account.
Blocked users are prohibited from reregistering with SwimVoiceCoach.

8 Shopping

SwimVoiceCoach offers subscriptions, consultancy services and selected products. The contracts are performed between SwimVoiceCoach and the purchaser.
Payment is by credit card or online payment.
Automatically renewed and paid subscriptions cannot be canceled any more.
Auto-renewal can be switched off in your personal profile.
All prices include VAT.
If a product is out of stock or not available anymore for other reasons, the buyer will be informed. He will get an alternative offer if possible. If the alternative offer does not fulfill the buyer’s expectations or if there is no alternative offer, he is not liable for his order anymore. If the buyer has already paid the purchase price, that amount will be refunded.
Complaints for incomplete, false delivery or obvious defects must be made by email to hello@swimvoicecoach.com immediately. If the purchased item is defective, the buyer must send a complaint by email to hello@swimvoicecoach.com immediately.

9 Data protection

The protection of personal information is of the utmost importance to SwimVoiceCoach. SwimVoiceCoach includes data protection provisions to inform users and visitors of how the personal information is processed.
The SwimVoiceCoach data protection provisions are available to view and print using the “Data protection” link at all times.

10 Future amendments

SwimVoiceCoach reserves the right to amend the provisions of these GTCs at any time without the need for justification.
Users will be notified of amendments per e-mail two weeks prior to their coming into force. If the user does not object to the amendments within this period, the amendments shall be deemed to be accepted and mutually agreed upon.
SwimVoiceCoach undertakes to inform the user specifically of the significance of this two week period in the e-mail containing notification of the amended provisions.
If the user objects to the application of the new GTCs within the specified period, SwimVoiceCoach is authorized to terminate the contractual relationship with the user fairly with a period of notice of 14 days and to delete the account after a further 14 days have elapsed.

11 Final provisions

Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that the parties would have concluded, had they been aware of the issue at the time the contract was concluded, in order to achieve the same or at least a similar economic success. The same shall apply for any loopholes discovered in the contract.
Should individual provisions of these GTCs cease to be enforced, this shall not be taken to mean that provision in question has been tacitly repealed.
Should supplementary regulations prove necessary in the interest of smooth business operations, the parties shall introduce these in line with the aim of these GTCs and fair coordination of interests.
These GTCs and the contractual relationship between SwimVoiceCoach and the user are exclusively subject to Swiss law. The legal venue is the headquarters of SwimVoiceCoach.
However, this choice of law shall only apply to the user insofar as the protection granted by compulsory regulations of the country’s legal system in which the consumer resides is not withdrawn.
SwimVoiceCoach has been developed with great care. Nevertheless, all information is provided without guarantee. No liability is accepted for any disadvantages or damages arising from the information provided.
We recommend a detailed health checkup with your doctor prior to commencing the training and regular checkups throughout the entire time while using the SwimVoiceCoach services.

Kinetic Skills AG
Industriestrasse 78
CH-4600 Olten
hello@swimvoicecoach.com

For simplicity reasons, the General Terms and Conditions always use the masculine form of words to refer to people. However, it should be understood that both sexes are always inferred unless expressly stated otherwise.

These General Terms and Conditions for the use of the SwimVoiceCoach network apply for all users who have successfully registered since 1th March 2016 in agreement with these General Terms and Conditions or, if they had already registered at an earlier point in time, from the point at which these General Terms and Conditions were agreed with.