Terms and Conditions

The following document outlines the terms of use of the Stars Swimming School website.
IMPORTANT – READ CAREFULLY: These “Terms of Service” (sometimes referred to as this “Agreement”) constitutes a legal agreement between you and Stars Swimming School CC, a South African limited liability company, (“Stars Swimming School,” “we,” or “us”). You are a customer (“Member”) (or will become a Member if you agree to our Terms of Service). The “Term” is the time during which you are entitled to use www.starswimschool.com (the “Website”).

 

Acceptance of TermsIf an individual purports, and has the legal authority, to sign these Terms of Service electronically on behalf of an employer or client, “you” refers to the employer or client. If not, “you” refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join Stars Swimming School, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority. Basically,By using starswimschool.com you agree to all the terms below.
Description of service(Applies to All Members of Stars Swimming School)Who We Are : ” Stars Swimming School ” is a trade name and registered service mark of Stars Swimming School CC, a South African limited liability company that owns and operates the website with the URL: http://www.starswimschool.com(the “Website”).Purpose : The purpose of these Terms of Service (this “Agreement”) is to set forth the terms and conditions under which you are permitted to use our information, service, distribution and management system, (the “Services”), including but not limited to any related emails or correspondence created while using the Services, as referred to herein by “Information”Changes : We reserve the right to amend any of the terms of this Agreement by posting the revised Terms of Service on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services. Basically,

We provide information about our services for your use.We plan to improve this information and thus our services in the future.

RegistrationAs a condition to using our Services, you are required to open an account with Stars Swimming School and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Stars Swimming School account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Stars Swimming School account.Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.Stars Swimming School does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion. Basically,Use starsswimschool.com by creating an account for yourself and without violating other people’s rights.
Legal ConsequencesWarning: Under these Terms of Service, if you engage in certain conduct, such as violating laws that regulate the content you create, try to take advantage of us by violating the Terms of Service, for example, by taking such actions as using our servers to host images for your website, we may be required to take action for the illegal use of our service, including possible financial charges. We offer very powerful tools at a very low price. In exchange we expect our customers to act with integrity and follow our rules in order to help us maintain our reputation as having customers who voluntarily and cleanly view and interact with our services, and who do not otherwise abuse our system. Basically,

Don’t use our site to post anything other than your own content.

CostCharges and Payments:Yearly Plans

  • Our charges for our services may be posted on our Website and may be changed from time-to-time. Payments are due for the full period of service for which any part of the year is included in the “Term.” Payments are due for any period on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first yearly payment (the “Pay Date”).
  • As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
  • Whenever you change your lessons type, there may be a change in due fees, and we require you to pay the difference of the monthly payment before you begin your new service. You will be notified at the time, and asked to accept charges before you proceed.

Refunds

  • We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time-to-time.
Basically,Most of the information (about our services) on this website is free for you to use, but if you wish to use our information and services in another way, i.e. profit-bearing, we may have to charge you.Don’t even attempt to give us bogus credit card information!We will refund you only if we terminate your service.
Termination of ServiceEither party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as your using our system illegally, or for people with whom your relationship does not meet the requirements of our user description. Once terminated, we may remove any of your content and related data and files from our Website and any other storage.
Additionally, if you do not log in to your account for 12 or more months, we may deem your account “inactive” and permanently delete your account and all data associated with it.
Basically,You may terminate your account at any time.We will refund you if termination if termination is due to our cause.
OwnershipProprietary Rights Owned by Us:You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.Proprietary Rights Owned by You:You represent and warrant to us that you will not add or upload any content to the Website to create content, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights. Basically,

We own our brand, our website and our software.You may only upload content you own, or that you have permission to upload.

User ConductYou agree to the following:You will not incorporate into your content any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your content, or you are not otherwise permitted to use.You will not post on the Website, including in any content created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.You will not share your password.You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.You will not include in any content, any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, Identity Numbers, passwords, security credentials, or sensitive personal information of any kind.You will not send transactional messages of any kind through our service. Basically,You cannot use our site to post pornographic material, harass people or send SPAM.If you are reasonable and responsible, you will be fine.
Anti-SPAM Agreement and Abuse Related Rules

You agree to the following:Definition of SPAM: The definition of Spam has been adopted the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:The word “Spam” as applied to created and shared content means Unsolicited Bulk Email (“UBE”).It is a concern to us if you use starsswimschool.com to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.Permission Lists Only: You may use our services only to share your information or content for individuals to see. These individuals and entities that either:Possibility 1 – Voluntary use of our service or content:
A user voluntary uses our website, for informational and other purposes.Possibility 2 – Permissive use of our service or content:
A user gives express permission for you to send them your details via our service.Requirements: You agree that you will use:

  • No purchased lists (no matter the cost).
  • No rented lists (even if they “opted in”).
  • No 3rd party lists whatsoever.

Prohibited Content and Industries

Don’t use Stars Swimming School to send anything offensive, or to promote anything illegal, or to harass anyone. You may not send:

  • Pornography or other sexually explicit Emails
  • Emails offering to sell illegal substances
  • Emails that violate the CAN-SPAM Law

There are certain industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system.  Because we promise the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

  • Illegal goods or services
  • Escort and dating services
  • Pharmaceutical products
  • Work from home, Internet Lead-gen, Make money on online opportunities, etc.
  • Online trading, day trading tips, or stock market related content
  • Gambling services, products or gambling education
  • Multi-level marketing
  • Affiliate marketers
  • Credit repair, get-out-of-debt content
  • Mortgages and/or Loans
  • Nutritional Supplements, Herbal Supplements or Vitamin Supplements
  • Pornography or nudity in content
  • Adult novelty items or references in content
  • List brokers or List rental services
  • Marketing or sending commercial email without proper permission
Basically,

again, don’t use our service to send SPAM!

Service AbuseBandwidth Abuse: Image hosting, API, TrackingYou may not use our bandwidth for anything other than for Stars Swimming School content creation. In this regard, you agree to the following:

  • Unlike other websites, we provide our online service for your created content totally free. This doesn’t mean you can host images on our servers for other uses, like your website. If we detect that you’re using our hosting services for anything other than your email campaigns, we have the right to delete the image.
  • To not use our content in conjunction with another swimming school or competitor.
Basically,

again, don’t abuse our service; you may only create and share your content.

Payment AgreementsFees, Refunds, Account Suspensions, Etc.You agree:Stars Swimming School reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.You agree to pay for all services tendered via your account fees, even if purchased services are not used, or are blocked by any third party (we have no control over your recipients’ email servers, ISP availability, personal spam filter settings, etc) Basically,

We may change our fee structure at any time (although highly unlikely).We reserve the right to terminate your account if you violate any of the Terms of Service agreement.

Reporting Abuse and ViolationsIt’s in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here’s what we do:We take abuse reports seriously at Stars Swimming School. If you’ve received spam that you think came from an Stars Swimming School user, account or email, we want to hear about it! Please report the fact that you received spam from what appears to be a Stars Swimming School source to us. Report here.If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy. Basically,

we would LOVE for you to tell us if you see any SPAM or violation of service.

No Warranties:To the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. Basically,

Our website’s material is provided as is, and without any warranties.

Limitation of Liability:To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the Services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation. Basically,

You are held fully responsible for your usage of our service.

Indemnity:You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement. Basically,

You will not hold Stars Swimming School employees responsible for any loss or damages caused by the use of our service, as outline in this agreement.

Liquidate Damages:The parties agree that we may recover liquidated damages, in lieu of any other damages that may have been recoverable, for certain types of breaches of these Terms of Service, which we refer to as “Abusive Conduct.” Liquidated damages are being made available for specified situations in which proving the actual damages would likely be impossible. The liquidated damages are being set at a reasonable pre-estimate of the damages that would be incurred as a result of the particular type of breach. The particular type of breaches that constitute Abusive Conduct, and the liquidated damages for each type are as follows:

Abusive Conduct

Liquidated Damages

(a) violations of provisions of this Agreement designed to avoid Stars Swimming School being viewed as a source of spam such as sending content and/or information to people who have not consented to receiving them from you in the immediately preceding 12 months and to whom you are not otherwise authorized to send information; using information or content offering the types of products or services set forth; creating content that includes false or misleading headings or other content or otherwise violate anti-SPAM laws, i.e., laws that restrict and regulate the sending of bulk emails. Five times the total of our then current monthly charges over a period of 1 year.
(b) violations of provisions of this Agreement designed to protect Stars Swimming School from its users taking actions to use Stars Swimming School ‘s resources in a way not permitted hereunder, such as using our Services to host images other than for content you created using the Services such as for your website; or sending out any content created using the Services, other than via the Services. Four times the total of our then current monthly charges over a period of 1 year.
(c) not paying an amount due within ten (10) days after a demand by us. Three times the total of our then current monthly charges over a period of 1 year, in addition to the sum owed

 

Basically,

Stars Swimming School is able to recover liquidated damages from any activity breaching this agreement, non payment for the service or not paying in time.

Legal MattersApplicable Law and Jurisdiction : This Agreement will be governed by the laws of South Africa. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the South African National Court and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in South Africa, a case may not be brought in a court located elsewhere, the case may be filed in a provincial or federal court of competent jurisdiction located in South Africa where the case may be brought.Attorney Fees : In the event that we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney’s fees in addition to any damages or other relief which we may be awarded.Disclaimers : We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.Compliance With Law : In using the Services, you agree that you will comply with all applicable laws, irrespective of country of origin and ubiquity. Basically,

Stars Swimming School is a proudly South African company, and operates under South African law.You will be “judged” by the laws governing your state or country, as and such are expected to respect your authorities.Stars Swimming School does not take responsibility for your behavior.

Warranty of Compliancefor EU, Iceland, Norway and Liechtenstein(Applies to All Members to the extent they use Stars Swimming School for content made specifically viewable by Residents of the European Economic Area (“EEA”) Which Is Composed of the Members of the European Union (“EU”) Together with Iceland, Norway and Liechtenstein)You represent and warrant that in creating your own content, and embedding it via the Services and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:

  • (a) Will have clearly described, and will continue to clearly describe, in writing how you intend to use any data collected, including for creating content if you obtain express consent from your customers and potential customers to use the data in that manner, and include an express consent to transfer the data to Stars Swimming School as part of this process, and otherwise comply with whatever privacy policy you have posted.
  • (b) Represent and warrant that you have complied, and will comply, with all data protection and privacy laws and regulations applicable to the countries in which you are creating any form of content using Stars Swimming School including, for example, with respect to the United Kingdom, the Data Protection Act, and the regulations relating to the European Union Privacy and Electronic Communications Directive. In this regard, you represent and warrant that you have collected, stored, used and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides and obtained all necessary consents to enable Stars Swimming School to receive and process that data and forward communications to that individual on your behalf.
  • You further agree to indemnify and hold us harmless from any losses, including attorney fees, resulting from your breach of any part of the foregoing warranties.
Basically,

If you are in the EU, including Iceland, Norway and Liechtenstein:You will only collect user data according to the Data Protection Act, and the regulations relating to the European Union Privacy and Electronic Communications Directive (EUPECD).1)   You may only collect users data if you have their permission to do so.2)   You need to let them know how you intend to use their data3)   You indemnify Stars Swimming School for any losses or damaged caused by breach of the EUPECD.

Performance NoticeForce Majeure :
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
Basically,

Things can happen that are beyond our control.We are not always responsible for these things.Please be patient while we do our best to try address these things.

More about this agreement:

  • Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
  • Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
  • Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
  • Amendments : No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Service or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the “Additional Terms.”) The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.
  • Privacy Policy : You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.
  • Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
  • Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
  • Notices : Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at notices@starsswimschool.com or such replacement addresses as we may later provide on the Website.
  • No Changes in Agreement at Request of Member : Because of our large membership base, we cannot, as a practical matter, change this Agreement for any one Member or group of Members. If we did that, keeping up with the changes alone would be a logistical nightmare. In addition one reason we are able to offer one of the most powerful email/electronic newsletter creation, distribution and management systems at a low price is that we are able to use this Agreement to reduce our financial risks.

Entire Agreement : The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.

Basically,

This agreement remains valid for the entire duration of our relationship with you.Please interpret the agreement in its simplest, worded form and meaning.You may not change anything about this agreement.We will collect your information, and hold it safe and secure in our cloud.
We will NOT share, or sell your information.

Updated: 01/09/2013