AgileSwim LLP (“AgileSwim”, “we” or “us”), the owner and administrator of the Website, is committed to protecting and respecting your privacy.
This policy (together with any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
If you are under 18, please do not send any personal data about yourself to us.
- Information collection
1.1. In order to provide a better service to you, we may collect and process the following data about you:
1.1.1. information that you provide by filling in forms on our site www.agileswim.com (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
1.1.2. if you contact us, we may keep a record of that correspondence;
1.1.3. we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
1.1.4. details of transactions you carry out through our site and of the fulfilment of your orders;
1.1.5. details of your visits to our site and the resources that you access.
1.2. We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
- Uses made of the information
2.1. The purposes for which information may be used by us in and outside Singapore include:
2.1.1. ensuring that content from our site is presented in the most effective manner for you and for your computer;
2.1.2. providing you with alerts, newsletter, education materials or information that you requested or signed up to;
2.1.3. carrying out our obligations arising from any contracts entered into between you and us;
2.1.4. allowing you to participate in interactive features of our service, when you choose to do so;
2.1.5. designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;
2.1.6. complying with laws and regulations applicable to us or any of our affiliates in or outside Singapore;
2.1.7. legal proceedings, including collecting overdue amounts and seeking professional advices;
2.1.8. researching, designing and launching services or products including seminars/events/forums;
2.1.9. promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in Clause 2.2 below); or
2.1.10. purposes directly related or incidental to the above.
2.2. We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
2.2.1. your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;
2.2.2. the following classes of services, products and subjects may be marketed in direct marketing:
● services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);
● reward, loyalty or privileges programmes, promotional offers and related services; and
● invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.
2.3. We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.
- Disclosure of your information
3.1. We will keep the personal data we hold confidential but may provide information to:
3.1.1. personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
3.1.2. our overseas offices, affiliates, business partners and counterparts (if any);
3.1.3. persons under a duty of confidentiality to us;
3.1.4. persons to whom we are required to make disclosure under applicable laws and regulations in or outside Singapore; or
3.1.5. actual or proposed transferees or participants of our services in or outside Singapore.
4.2. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
4.3. We use the following cookies:
4.3.1. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
4.3.2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
4.3.3. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4.3.4. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
4.5. Our website uses Google Analytics, a web traffic analysis service provided by Google Inc. (“Google”). Please refer to http://www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our website and how to control the information sent to Google.
4.6. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
4.7. Furthermore, you can prevent Google’s collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).
5.1. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and you agree not to hold us responsible for any breach of security while accessing the internet that is out of our control. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- Third party websites
Our website may contain links to other sites (the “Linked Sites”). We are not responsible for the privacy policies or practices of such other Linked Sites. We encourage our users to be aware when leaving our website to read the privacy policies or statements of each Linked Site that collects your personal data. You agree to waive any claim against us with respect to the Linked Sites.
- Data transfers
We may hold your data on servers in Singapore and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3.1 above, who may be located in or outside of Singapore.
- Your consent and rights
9.1. By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.
9.2. Under the Personal Data Protection Act (the “PDPA”), individuals have the right:
9.2.1. to check whether we hold personal data about you and to access such data;
9.2.2. to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
9.2.3. to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
9.2.4. to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.
9.3. You may exercise your opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to: Cherie Chan at email@example.com
- Governing law and jurisdiction
Last updated: 1 October 2016
(for Instructors Membership Terms & Conditions, click here)
AgileSwim LLP (“AgileSwim”, “we” or “us”) is an Online Marketplace designed for use to act as a platform for connecting users to a third-party vendor’s goods/services online. As instructors listed are 3rd-party service providers, we have no control beyond the information that was explicitly communicated to us. Consequently, Agileswim cannot be liable for the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of vendors to sell items / provide the service or the ability of buyers to pay for items/service. We have pre-screening processes to maximise the accuracy of the information on our website.
By using and accessing http://www.agileswim.com (the “Website”), you conclude a legally binding agreement with us, AgileSwim LLP (“AgileSwim”, “we” or “us”), the owner and administrator of the Website.
1. Definition of ‘Certified’ Instructors
1.1 Singapore Sports Council, managed Singapore’s Public Swimming Complexes only allows NROC-certified instructors to teach in their pools. As the classes being carried out in these pools are being governed by the pool management, we assume all classes that claims to take place in these pools are by NROC-certified instructors.
1.2 A certified Swimming Instructor must once hold a valid licence to teach.
2. Payment Terms
Payment for the first 2 sessions are payable to Agileswim before the commencement of the class. Before making payment, please note the terms:
- Payment made are not refundable, unless:
- Coach cancels class without advance notice
- Coach has performed unprofessionally, or unethically towards students.
- Kindly send us an email / WhatsApp and we will investigate the matter.
- The final decision on the refund will be at Agileswim’s discretion.
- 1st Session
- For both Group & Private Classes, please provide at least a 12 hours advance notice if you will like to postpone your starting date.
- Any notice period lesser than 12 hours, will be subjected to Coach’s discretion.
- 2nd Session
- Group classes follow a public group schedule. 2nd class will be on the next scheduled class and cannot be cancelled/postponed.
- For private classes, please inform and arrange a new date, with your coach directly, with a 12 hours advance notice.
- Class fees are paid on a monthly basis for 4 sessions. The remaining 2 sessions fees (50%) are to be paid directly to the Coach by the end of Session 2.
- Subsequent to the first 2 classes, Agileswim is discharged from the transaction between the student and 3rd-party service provider.
3. Use of the Website
3.2 In carrying out any transactions with us on or in relation to the Website or registering an account with us on the Website, you warrant that:
- you are above 21 years of age;
- you are using your actual identity;
- the personal data that you have provided to us are true, accurate, complete, and current; and
- you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.
3.3 Users below the age of 18 years are not eligible to use the Website or provide any personal data on the Website unsupervised. If you are below 18 years of age, you may use the Website and/or provide any personal data on the Website only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
3.4 In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.
3.5 You agree to notify us of any breach of security of your password.
3.6 We will not be liable for any loss or damage arising from your failure to comply with this Clause 2.
3.7 You agree that you will not use this website or our services to carry out any “data mining” services to collect or collate information about the identities and offers of our clients and/or advertisers.
3.8 You agree that you will not use automation software (bots), hacks, mods or any other unauthorized third-party software designed to intercepts, “mines”, access, crawl or collect information from or through AgileSwim services and/or Third Party Data and Services.
4. Disclaimer of Warranties
4.1 Your use of the Website is at your sole risk. We disclaim all warranties of any kind, whether express or implied.
4.2 We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
4.3 We make no warranty that:
- the Website will meet your requirements;
- the Website will be uninterrupted, timely, secure and error-free;
- any results that may be obtained from the use of the Website will be accurate or reliable; and
- the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
- We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on the Website of a link to other website(s) or resources imply any form of endorsement by us.
4.4 We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using the Website. While the information on the Website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Website at your own risk.
4.5 By making available information and data on pursuant on the Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving any professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
4.6 We may monitor or review any areas on the Website where you transmit or post communications for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, we do not undertake to monitor or review every posting or communication, and we disclaim any and all liability relating to all AgileSwim Material, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
You agree to indemnify and hold us, and our affiliates, swimming instructors or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available on the Website, your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another party.
6. Limitation of Liability
6.1 We shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Website;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Website; and
- any other matter relating to the Website.
6.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 6 months after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
6.3 This Site may contain links to other websites. These are provided solely as a convenience to you and access to any of these linked sites is at your own risk. AgileSwim does not control and is not responsible for any of these sites or their content.
8. Copyright Infringement Policy
8.1 If you believe that your copyright has been infringed, please contact us via email at: firstname.lastname@example.org
8.2 Please note that we will only accept and act on notices in the English language that comply with this Terms of Service. Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.
8.3 Within 4 weeks of receipt of a compliant notice of infringement, we will take the actions described below:
- expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
- after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the user who had made that content available (“Content Owner”) via the contact details that the user has provided to us. In doing so, we will also provide the Content Owner with a copy of the notice of infringement.
- If the Content Owner provides a counter-notice, and this counter-notice is provided to us within 4 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing content (“Notification Date”):
- we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing content, if it is technically and practically feasible to do so; and
- if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing content (where it is technically and practically feasible to do so), the owner of the copyright in question commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing content, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing content.
- If the Content Owner does not provide a counter-notice within 4 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
9. Intellectual Property Rights
9.1 Any images, photographs, and/or reviews descriptions onto the Website (the “Content”), you shall give us the irrevocable licence to use, store, host, reproduce, modify, adapt, communicate, publish, publicly perform, publicly display, create derivative works, and distribute the Content. By uploading the Content, you warrant that you own the copyright of the Content and thus have the requisite rights to licence it to us as stated. No materials provided through the Website, including text, graphics, code, ratings, rankings, databases, aggregated information, AgileSwim Material and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trademark holders. The Website and AgileSwim Material are for your personal use only, and you may not engage in any dealings with other parties regarding such services and contents. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Website and AgileSwim Material.
9,2 The trade marks and logos displayed on the Site are the registered and unregistered trademarks of their respective owners. Use of the trademarks displayed is strictly prohibited. You are advised that the owners of the trade marks will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
10.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
10.2 Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
10.3 Any account that you may have with us is not transferable. Upon receipt of a termination notice or upon membership expiry, your account will be terminated and all content that you have generated in your account will be permanently deleted.
Last updated: 1 December 2017