Updated 23 October 2016

USERS REPRESENT AND WARRANT THAT THEIR ACCESS TO AND USE OF HTTPS://SHWIMMER.COM AND SHWIMMER MOBILE AND TABLET APPLICATIONS WHICH IS OWNED AND OPERATED BY SHWIMMER LTD, IS AT THEIR OWN RISK.

SHWIMMER AND ALL RELATED SERVICES ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHWIMMER AND ITS SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, “SHWIMMER”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SHWIMMER MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF SHWIMMER, OR ANY CONTENT; (II) ANY HARM TO USER’S COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM USERS ACCESS TO OR USE OF SHWIMMER, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY SHWIMMER; AND/OR (IV) WHETHER SHWIMMER WILL MEET USER REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

ANY LISTINGS AND CONTENT APPEARING ON SHWIMMER ARE THOSE OF ITS USERS, AND SHWIMMER ASSUMES NO RESPONSIBILITY FOR SUCH LISTINGS, CONTENT, ETC. NEITHER SHWIMMER NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING FROM USER’S RELIANCE UPON THE INFORMATION PROVIDED ON SHWIMMER. SHWIMMER AND SHWIMMER WEBSITE ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK ON SHWIMMER, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY SHWIMMER OR SHWIMMER ENTITIES OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. USERS ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM THEIR USE OF ANY SUCH WEBSITES OR RESOURCES.

SHWIMMER SHALL NOT BE LIABLE, AND USERS AGREE NOT TO HOLD SHWIMMER RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

  • USER’S USE OF OR USER’S AND USER’S GUEST’S INABILITY TO USE SHWIMMER AND ITS SERVICES;
  • DELAYS OR DISRUPTIONS ON SHWIMMER;
  • VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING SHWIMMER, OR ANY SITE/APP, SERVICES, OR TOOL LINKED TO SHWIMMER;
  • GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND ON SHWIMMER, OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
  • THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING CONTENT LISTED USING SHWIMMER;
  • A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO USER ACCOUNT.

NEITHER SHWIMMER NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS ASSUME ANY RESPONSIBILITY FOR ANY LOSSES, DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, WHICH ARISE OUT OF THE USE OR MISUSE OF SHWIMMER HOWSOEVER CAUSED, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.

SHWIMMER SERVICES ARE LIMITED TO AN ELECTRONIC PLATFORM THAT ENABLE THE LISTING OF PROVIDERS SERVICES, AND THE DISCOVERY AND BOOKING OF THOSE SERVICES BY CUSTOMERS. SHWIMMER, IN ITS LIMITED CAPACITY COLLECTS MONEY FROM THE CUSTOMERS AND MAKES PAYMENTS TO THE PROVIDERS. THE SERVICES ARE PROVIDED BY PROVIDERS ON SHWIMMER. WHEN A CUSTOMER MAKES A BOOKING, THE CUSTOMER ENTERS INTO A BILATERAL AGREEMENT WITH THE PROVIDER, TO WHICH SHWIMMER IS NOT A PARTY. THE TRANSACTION RELATING TO THE SERVICES IS BETWEEN THE CUSTOMER AND THE PROVIDER, AND SHWIMMER SHALL NOT BE LIABLE FOR ANY DISPUTE THAT ARISES BETWEEN THE USERS.

SHWIMMER SHALL NOT BE LIABLE TO USERS IN RESPECT OF ANY LOSSES ARISING OUT OF ANY EVENT OR EVENTS BEYOND SHWIMMER’S REASONABLE CONTROL WITHIN THE SCOPE OF SHWIMMER SERVICES. SHWIMMER SHALL NOT BE LIABLE TO USERS IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL.

SWIMMING POOLS AND RELATED FACILITIES CAN BE DANGEROUS. ACCIDENTS CAN HAPPEN TO ANYONE, REGARDLESS OF SWIMMING ABILITY OR AGE. SHWIMMER SHALL BE COMPLETELY HELD HARMLESS AGAINST ANY AND ALL LIABILITY, LOSS OF LIFE OF ANY OF THE SWIMMER, DAMAGE TO PROPERTY OF THE PROVIDERS, LOSS OF BELONGINGS OF THE SWIMMER OR SWIMMER’S GUEST, DAMAGE OR EXPENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COST OF LITIGATION, RESULTING FROM ANY AND ALL SWIMMING POOL ACCIDENTS OR INCIDENTS OCCURRING AT THE SWIMMING POOL. CUSTOMERS SHALL SOLELY BE RESPONSIBLE FOR THE ACTIONS AND SAFETY OF HIS/HER GUESTS. SHWIMMER SHALL NOT BE LIABLE TO CUSTOMERS IN RESPECT OF ANY PHYSICAL INJURIES SUFFERED BY CUSTOMERS DUE TO DROWNING, SLIPPING ON WET SURFACES, ELECTRIC SHOCKS OR FROM SERVICES AVAILED FROM ANY OF THE PROVIDERS. SHWIMMER SHALL ALSO NOT BE ACCOUNTABLE FOR ANY DISEASES, INFECTIONS OR CHLORINE CONTAMINATION WHICH SWIMMER MIGHT HAVE SUSTAINED FROM SWIMMING OR USING ANY SERVICES LISTEDBY THE PROVIDERS. SHWIMMER IS NOT ANSWERABLE TO ANY ACT OF NEGLIGENCE DONE BY THE PROVIDERS SINCE IT IS THE SOLE RESPONSIBILITY OF THE PROVIDERS TO ENSURE THE SAFETY AND SECURITY OF THE CUSTOMERS.

SHWIMMER SHALL NOT BE LIABLE TO USERS IN RESPECT OF ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE. WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON SHWIMMER OR ANY SITE LINKED TO SHWIMMER.

SHWIMMER SHALL NOT BE A PARTY TO ANY DISPUTES THAT ARISE BETWEEN THE USERS OR WITH THIRD PARTIES. USERS AND CUSTOMER’S GUESTS HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS AGAINST SHWIMMER AND THEIR HEIRS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ADMINISTRATORS, EXECUTORS, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITIES OR LIABILITY FROM INJURIES OR DAMAGES ARISING OUT OF USER’S USE OF SHWIMMER AND THE INFORMATION AVAILABLE THEREON.

USERS ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THEIR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF SHWIMMER.

THE INFORMATION ON SHWIMMER IS SUBJECT TO CHANGE WITHOUT NOTICE. SHWIMMER MAY REVISE THIS DISCLAIMER FROM TIME TO TIME. THE REVISED DISCLAIMER SHALL APPLY TO THE USE OF SHWIMMER FROM THE TIME OF PUBLICATION OF THE REVISED DISCLAIMER ON SHWIMMER.