Privacy Policy
Terms of Service
1. Introduction
222 Sports Limited, (company No.7019129) whose registered office is at 6 Charlotte Street, Bath, England, BA1 2NE, trading as 222 Sports ("222", “we”, “us”, “our”), operates www.swimtag.com (the "Website"), SWIMTAG hardware, SWIMTAG software and its associated products and services which are collectively referred to as the "SWIMTAG Service(s)".
The SWIMTAG Services can be accessed:
- as a free service (the "Free Service"),
- as a value added service (the "Standard Service"); or
- as a subscription service (the "Subscription Service").
The Free Service, Standard Service and Subscription Service will each have the features set out on our Website.
These are the general Terms of Service which govern your use of the Website and the SWIMTAG Service. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or the Swimtag Services.
We do our best to avoid errors or issues in our Website and the Swimtag Services but please contact us at info@222sports.co.uk if you spot any.
2. Protecting your password
When you register with 222, whether on our Website or otherwise, you must choose a password to protect your secure account. We recommend you select a strong password. You are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately.
3. Privacy
Our Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy.
4. User conduct
You must at all times use our Website and the SWIMTAG Service in a responsible and legal manner. In particular:
- You must not upload offensive, obscene or racist content, including photographs, on to the Website or the Swimtag Service. We do not actively monitor the Website or the Swimtag Service, but we reserve the right to remove or edit any content which we consider (in our discretion) offensive, obscene, racist or otherwise unacceptable. If you notice any such content, please email us at info@222sports.co.uk.
- Any content you upload to the Website or Swimtag Service is your responsibility. You must ensure that you have all necessary permissions and consents to use this content. 222 reserves the right to take down temporarily or permanently any content from our Website without notice if we believe (in our discretion) that appropriate permissions and consents have not been obtained. If you suspect a breach of someone else’s rights in any content on the Website, please email us at info@222sports.co.uk.
- You may not make any changes to the Website, except as permitted on your profile page where you may upload content, including details of your swims, either manually or by connecting a compatible sports tracker (details of compatibility are set out on the Website).
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent. You must not use our Website for any purposes related to marketing without our express written consent.
- You must not misrepresent your identity or affiliation with any other person or organisation, use the website to send junk email or 'spam' to people who do not wish to receive email from you; use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters; interfere with, or disrupt, the service or services or networks connected to the Website; or introduce any computer virus (including any variant or other malicious code or instructions) to the Website or our systems.
222 reserves the right to suspend access to, and/or delete, your SWIMTAG account(s) without notice in the event of a breach of the above rules.
5. Links
The Website and the Swimtag Services contain links to websites of other organisations not connected with, or recommended by, 222. If we include a link to another website, this does not mean that we necessarily recommend that website, that we have verified it or its contents, or that we necessarily agree with the views expressed on it. You will be entirely responsible for your interaction with that website. We recommend that you carefully check its terms of service and privacy policy.
6. Partner Services
We may from time to time include on our Website and in the Swimtag Services details of other organisations which we believe offer information and services that may be of interest to you. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
7. Trademarks
The names SWIMTAG and the SWIMTAG logo and any other product or service names on the Website or in the Swimtag Services from time to time are owned by us or our licensors. You may not use them in any way except in connection with our products and services (or those of the relevant licensor) or in any way that is, or is likely to be, prejudicial to the interests or reputation of 222 or its licensors.
8. Copyright
All content on the Website and the SWIMTAG Service is owned by 222 and its licensors, and is protected by applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the content of the Website or the Swimtag Service is permitted without our express prior permission. Enquiries and permission requests may be sent to info@222sports.co.uk.
9. Changes to the service
222 will make every effort to ensure that the Website and SWIMTAG Service are available at all reasonable times, but we reserve the right to modify, suspend or discontinue all or any part of those services at any time with or without notice. In particular, we may from time to time need to suspend access to the Website and/or SWIMTAG Services in order to carry out maintenance or improvements. Unless the maintenance is on an emergency basis, we will try to give you advance notice and carry out the maintenance or improvements outside peak hours. Any material changes to the Website or SWIMTAG Service will be communicated to you, and your acceptance of and / or continued use of our Website or services, as applicable, after such communication will constitute your acceptance of those changes. Unless we tell you otherwise, any new features, services or software applications introduced shall be subject to these Terms of Service.
10. Purchase of the Subscription Service
If you wish to subscribe to the Subscription Service, you must pay the fee set out on our Website for each subscription period. We will take payment by means of the payment method you have chosen on our Website. If you are paying by credit or debit card, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). You confirm that we are authorised to take payment from such card until you cancel your subscription. All prices stated on the SWIMTAG Websites are inclusive of VAT (where applicable) and other applicable taxes and fees.
11. Prices
222 may change the price for the Subscription Service from time to time. Such changed price will take effect after the expiry of the then current subscription period (i.e. the term that you have already paid for). Any price change will be communicated to you. If you do not wish to be bound by such changed price relating, you may cancel your subscription in accordance with Section 16 (Cancellation). Your continued use of the Subscription Service after the communication of any price change to you constitutes an acceptance of such new price.
12. Automatic Subscription Renewal
Your subscription to the Subscription Service will automatically renew at the end of each subscription term unless you cancel your subscription prior to the end of such subscription term in accordance with Section 16 (Cancellation). Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a six or twelve month period. At the time of renewal the payment method you have designated to be charged for the purchase of the Subscription Service will automatically be charged with the applicable amount.
13. Cooling-off Period
If you have subscribed to the Subscription Service online, you have the right to cancel your purchase by emailing us at support@222sports.co.uk within 14 days of purchase in which case you will receive a full refund. However, please note that if you log into the Subscription Service within the 14-day period you will no longer have a right to cancel or withdraw from your purchase. In addition, after the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently log into the Subscription Service.
14. Advertising and use of computational resources
You consent to 222 providing advertising and other information to you from time to time. You can withdraw your consent at any time by emailing us at support@222sports.co.uk. Further information is set out in our Privacy Policy.
15. Failure to comply with these Terms of Service
Without prejudice to our other rights we may have, if you breach these Terms of Service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website and/or your user account, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website and/or the SWIMTAG Service, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
16. Cancellation and Termination
These Terms of Service will apply to your use of the Website and the SWIMTAG Service.
You may cancel your subscription to the Free Service and Standard Service at any time by deleting your account.
You may cancel your subscription to the Subscription Service at any time by visiting your settings page and selecting the cancellation option. Cancellation will take effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Unless your cancellation falls within the cooling off period set out in Section 13 (Cooling-off period), this means that 222 will not refund any remaining portion of subscription fees you have already paid. If you cancel your Subscription Service your account will default to the Free Service.
222 reserves the right to terminate or suspend your SWIMTAG account at any time if we believe (in our discretion) that you are in breach of these Terms of Service or that your account is being used in an unauthorised manner. If 222 terminates or suspends your SWIMTAG account, 222 Sports shall have no liability or responsibility to you, and 222 Sports will not refund any amounts that you have previously paid.
17. Warranties, Disclaimer and Limitation of Liability
222 does not, and nothing in these Terms of Service shall act to, exclude or limit 222’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.
You agree that your use of the Website, the Free Service and/or the Standard Service is on an "as is" and "as available" basis and, except as expressly set out in these Terms of Service, 222 gives no warranties as to its Website or the Free Service or Standard Service.
222 warrants that the Subscription Service will operate substantially in accordance with its description on the Website.
222 does not guarantee continuous uninterrupted or secure access to our Website and the Swimtag Services.
Except as set out above:
- 222 shall have no liability (whether for breach of contract, negligence, statutory duty, or otherwise) for any loss or damage which you suffer or incur by reason of your use of the Website, the Free Service or the Standard Service;
- 222’s maximum aggregate liability for any loss or liability arising out of use of the Subscription Service shall be limited to the price paid for such services in the preceding 3 months; and
- 222 shall in no circumstances be liable for any loss of profits, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, or for any indirect, consequential or special loss, however arising.
Except as expressly set out in these Terms of Service, 222 gives no warranty in relation to the Website or the SWIMTAG Services, and all warranties and conditions which would otherwise be implied by law are hereby excluded to the maximum extent permitted by law.
18. Governing law
These Terms of Service are governed by English law and are subject to the exclusive jurisdiction of the English courts.
19. Third party rights
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
20. Variation
We may revise these Terms of Service from time-to-time. Revised Terms of Service will apply to the use of our Website from the date of the publication of the revised Terms of Service on our Website. Please check this page regularly to ensure you are familiar with the current version.
User Data Deletion
Users that wish to delete their personal data can login into the website or app and under settings choose 'Delete Account'.
