1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which you agree to use the MySwimathon Hub (“The Hub”).
1.2 Why you should read them. These terms tell you who we are, details about the Hub and other important information. Please read these terms carefully before you sign up to use the Hub.
2. INFORMATION ABOUT US
2.1 MySwimathon Hub. The Hub is a web application that allows you to enter results from your MySwimathon challenge or MySwimathon Weekly swims, either through Strava or directly through the Hub, and to view fundraising information relating to your MySwimathon challenge.
2.2 Who we are. LimeLight Sports Ltd, (a company registered in England with company number 03700632 (“we”/”us”/”our”), manages the Hub on behalf of Swimathon (Trading) Limited (a company registered in England with company number 06706774) which is owned and controlled by the Swimathon Foundation (a company limited by guarantee registered in England with number 04684234 and a registered charity with number 1123870).
2.3 How to contact us. You can contact us by email at email@example.com or by post at Swimathon, PO Box 4500, London, W1A 7LF. From a sustainability perspective we would prefer all contact to be by email.
2.4 How we may contact you. If we have to contact you, we will do so by writing to you at the email address that you provide to us.
3. OUR CONTRACT WITH YOU
3.2 By creating a MySwimathon Hub account, you are confirming that you are at least 13 years old at the date of registration. If you are under 16, you must have obtained consent from your parent or guardian to create an account for the Hub and that they have agreed to these Terms on your behalf. If you are registering on behalf of an individual who is under 16, you are confirming that the individual has received consent from his or her parent or guardian to create an account and that they have agreed to these Terms.
3.3 Cancelling your registration. If you have created a MySwimathon Hub account and no longer wish to keep it, you can have your account details removed by contacting us by email at firstname.lastname@example.org.
4. HOW THE HUB WORKS
4.1 The Hub is a tool that you can use to upload results and track your fundraising for any MySwimathon campaign. Through the Hub you can connect your account to Strava. You will give Strava authorisation to connect at this point. Any of your swims which are recorded using Strava and which meet the MySwimathon criteria will be displayed on your MySwimathon profile area within the Hub. You will also have the option to manually upload a result if you choose not to connect your account to a Strava account.
5. USING THE HUB FOR YOUR MYSWIMATHON CHALLENGE
5.2 Fundraising. Your MySwimathon profile on the Hub will display your fundraising page information which you will have set up during your Swimathon/Open Water Swimathon registration, or at a later date through your Swimathon account area.
6. USING THE HUB FOR MYSWIMATHON WEEKLY
6.2 Date of MySwimathon Weekly. The period for MySwimathon Weekly starts 20 April 2021 and there is no end date (but this could change, at our discretion). MySwimathon Weekly will take place every week.
6.3 Fit to swim. Swimming is physically challenging and carries with it risks that we cannot entirely eliminate. By registering to use MySwimathon Weekly, you are confirming that you are healthy and fit to and can swim and complete your MySwimathon Weekly challenge unaided and that you have freely chosen to swim at your own risk. You must adhere to all instructions and abide by all rules and all legal and enforceable health and safety directions provided by the venue where you participate.
7. COVID 19
7.1 Covid-19, often referred to as coronavirus, is an infectious disease that can result in serious and potentially fatal illness. There is a risk of the transmission of Covid–19 in any environment where people come together. In participating in MySwimathon Weekly, you assume all risk associated with Covid-19 (unless in any way caused by our negligence).
7.2 You will also be expected to abide by all government guidance aimed at preventing the transmission of the virus and follow all reasonable health and safety directions provided by us or by the venue where you participate.
7.3 You must not participate in MySwimathon Weekly if you believe that you may have been infected by Covid-19, have any of the government listed symptoms or are required to self-isolate in accordance with government guidance from time to time.
8. OTHER IMPORTANT TERMS
8.1 If any provision in these terms, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions shall continue to be valid and enforceable.
8.2 We reserve the right at any time to make any changes or improvements to the Hub or to the MySwimathon Weekly offering which we consider necessary for the successful operation and management of either or both. We also reserve the right to cease to operate the Hub or to cancel MySwimathon Weekly, in each case without notice or liability to you. We will notify you of changes to the Hub or MySwimathon Weekly via the Hub or via email communication and our website. Neither we, Swimathon Foundation, Swimathon (Trading) Ltd nor any of the Swimathon charity or commercial partners (together “Swimathon Partners”) are or will be responsible for any loss arising from such changes (if any).
8.3 None of the Swimathon Partners provide any insurance in respect of any loss or liability (including without limitation for any illness, accident, injury, death, loss and/or damage) that may arise in connection with your use of the Hub or your participation in MySwimathon Weekly. You acknowledge and agree that if you require insurance, you must obtain it yourself.
8.4 You hereby agree and acknowledge that neither we nor any of the Swimathon Partners:
a) are or can be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred in connection with any breach by you of these terms;
b) are or can be held accountable for any sum, costs or expenses (including reasonable legal and professional fees) incurred, payable or paid by you or any third party in connection with any accident, loss, damage or injury (including death) arising out of your use of the Hub or participation in MySwimathon Weekly; and
c) are or can be held liable to you, in connection with your use of the Hub or your participation in MySwimathon Weekly, for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation, or for any special or indirect or consequential losses, or for any personal injury to, or death of, you.
In any event, the aggregate liability to you shall be limited to the refund of your registration fee.
8.5 Nothing in these terms shall affect our liability:
a) for death or personal injury resulting from our negligence;
b) for breach of statutory duty;
c) for fraud or fraudulent misrepresentation; and
d) to the extent that liability cannot be excluded or limited by law
8.6 Nothing in these terms shall affect any statutory rights to which you may be entitled as a consumer.
8.7 Nothing in this agreement shall confer any right or benefit upon any person who is not a party to it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, save that Swimathon Foundation and/or Swimathon (Trading) Limited (and/or their group companies) shall be entitled to enforce the terms of this agreement where applicable.
8.8 We reserve the right to amend, alter or change these terms at any time.
8.9 These terms shall be governed by and construed in accordance with the laws of England and Wales and we and you both submit to the exclusive jurisdiction of the Courts of England and Wales.