Terms & Conditions

Application And Introduction

These Terms of Service (“Terms”) are a binding legal agreement between you and Swimple (“Swimple”) that govern your use of the websites, applications, or other offerings from Swimple that post or include a link to these Terms (collectively, the “Swimple Platform”). By using the Swimple Platform, you acknowledge that you have read, understand, and agree to these Terms.

If you use the Swimple Platform on behalf of an entity, you represent and warrant that (1) you are authorised to agree to the Terms on behalf of the entity, and (2) the entity will be bound by the Terms. Swimple’s collection and use of personal information in connection with your access to and use of the Platform or the services offered via the Platform is described in our privacy policy [https://swimple.au/privacy].

The Swimple Platform offers an internet marketplace that facilitates listing, offering, searching for and renting an indoor or outdoor space, including but not limited to a swimming pool, sport court, yard, or other home amenity, and its surrounding area or other venue (any, a “Venue”). In these Terms, a registered member of the Swimple Platform (“Member”) who lists, offers, or provides a Venue is a “Host” and a person who searches for, rents, or uses a Venue (whether as a Member or not) is a “Guest”.

A Guest who wants to transact with a Host via the Swimple Platform must also be a Member. The Swimple Platform facilitates transactions between Members whereby a Host grants limited license to a Guest to enter, occupy, and use a Venue (a “Booking”).

As the provider of the Swimple Platform, Swimple does not own, control, offer or manage any Venue or Member property. Swimple is not a party to any agreement between Members. Even though Swimple may carry insurance coverage for Hosts, Swimple is not an insurer, nor is Swimple acting as an agent in any capacity for any Member. Swimple cannot be held responsible for any actions carried out by Guests or Hosts, this includes but not limited to damage, complaints or unlawful activities.

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Definitions

• “Account” refers to a registered account utilised by a Member to access and utilise the Swimple Platform
• “Applicable Laws and Rules” encompass the relevant local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
• “Agreed Duration” signifies the duration of a Booking mutually established by a Host and Guest.
• “Content” encompasses feedback, text, photos, audio, video, and other information or materials that a Member posts, uploads, publishes, submits, or transmits on or using the Swimple Platform.
• “Dispute” covers any dispute, claim, or controversy arising out of or in connection with these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Swimple Platform, a Venue, or Content, or any interaction or communication between Members.
• “Guest Fee” represents the amount that Swimple charges a Guest for a Booking on the Swimple Platform.
• “Host Fee” denotes the amount Swimple charges a Host for entering a Booking on the Swimple Platform.
• “Listing” denotes an offer of a Venue as available for Booking posted on the Swimple Platform.
• “Payment Method” refers to the payment method linked with an Account, such as a credit card, debit card, bank account, or PayPal account.
• “Payout Method” signifies the financial instrument associated with an Account, such as a bank account, a debit card, a prepaid card, or a PayPal account.
• “Service Fees” encompass the total of the Guest Fee, the Host Fee, and any charges related to payment collection.
• “Tax” or “Taxes” cover direct or indirect taxes, sales taxes, occupancy taxes, lodging taxes, tourist taxes, income taxes, pool taxes, or any other taxes or fees that a Member may be obliged by Applicable Laws and Rules to incorporate in the Listing price, remit, or report to governmental agencies or other entities.
• “Total Price” represents the Venue Fee plus Service Fees and Taxes.
• “Venue Fee” stands for the amount owed by a Guest as consideration for a Booking as provided by a Host, excluding Service Fees or Taxes.
• “You” or “your” denotes you as a Member or user of the Swimple Platform, unless otherwise specified. The Terms may apply to you as a Guest and Host concurrently.

Swimple Platform And Bookings

The Swimple Platform incorporates content provided by Swimple that is either proprietary to us or licensed and authorised for use by us (“Swimple Content”), as well as Content supplied by Hosts, encompassing text, photos, videos, and other materials.

The use of the Swimple platform for guests is free. Host’s may also list their pool for free.

Registration Requirements

To access and enjoy many features of the Swimple Platform, you must create an Account. Registration is open exclusively to legal entities, partnerships, and natural persons who are 18 years of age or older. By creating an Account, you affirm that you are over the age of 18 and not a person or entity barred from using the Swimple Platform under Applicable Laws and Rules. You can register directly through the Swimple Platform or via any other official registration process provided by Swimple. You commit to providing accurate, current, and complete information during registration and to keeping your Account information up to date. You are prohibited from registering more than one Account or transferring your Account to another individual.

Account Credentials; Verification of Payment or Payout Method

It is your responsibility to maintain the confidentiality and security of your Account credentials, and you may not disclose them to any third party. You are accountable for all activities conducted through your Account and must promptly inform Swimple if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. If permitted by Applicable Laws and Rules, we may, although we are not obligated to, (i) request identification or other information from you; (ii) conduct checks to help verify your identity or background; (iii) screen you against third-party databases or other sources and request reports from service providers; (iv) ask for a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (v) require steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s); and (vi) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. If we opt to conduct identity verification on any Member, to the extent allowed by Applicable Laws and Rules, we disclaim any warranties, whether express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. Swimple reserves the right to terminate, suspend, or restrict access to your Account if we are unable to obtain or verify any of this information.

Background Checks

In line with Applicable Laws and Rules, Swimple may perform a background check for all Members when they create an Account and annually for ongoing Members. By registering an Account, you authorise Swimple to submit your pertinent information to law enforcement or third-party agencies for the purpose of conducting a background check. By using the Swimple Platform, you confirm that you are granting us “written instructions” to conduct a background check on you to determine your eligibility for using the Swimple Platform. You further instruct us to conduct ongoing background checks during your use of the Swimple Platform, as necessary, to ensure the ongoing safety of our platform and community of users. You agree to cooperate with and assist Swimple in good faith, and to provide any information we reasonably request, and to take such actions as may be reasonably requested by Swimple with respect to any background check.

Swimple Does Not Facilitate Bookings

Swimple does not provide, oversee, manage, offer, deliver, or supply any Bookings. Hosts are solely responsible for their Listings and providing their Bookings. When a Guest requests a Booking and a Host agrees to rent their Venue, the Guest and the Host are entering into a contract directly with each other. We do not, and will not become, a party to or otherwise participate in any contractual relationship between any Guest and any Host. We have no control over, and do not guarantee (a) the existence, quality, safety, suitability, or legality of any Venues, (b) the truth or accuracy of any Host Content or any ratings or reviews posted by Members, or (c) the performance or conduct of any Host or Guest. We do not endorse any Host or Guest, even if a Venue is featured on the Swimple Platform or receives positive ratings or reviews. You should always exercise due diligence and care when deciding whether to communicate, interact with, and engage in any transaction with any Host or Guest. The Swimple Platform may also contain links to websites or resources offered by third parties (“Third-Party Resources”). Third-Party Resources may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of any Third-Party Resources, or the content, products, or services available from any Third-Party Resources. Links to Third-Party Resources are not an endorsement by us of those Third-Party Resources.

Booking Modifications

Members are responsible for any booking modification they agree to make (“Booking Modification”). Members agree to pay any additional amounts, fees, or Taxes associated with any Booking Modification.

Payment Terms (General)

General

You authorise Swimple to collect from you amounts due under these Terms, at Swimple’s sole discretion, by (i) charging the Payment Method associated with the relevant Booking, or (ii) deducting the amount from your future Payout(s). If any of our charges are declined from the Payment Method you have designated as your preferred Payment Method, you authorise us (without notice to you, unless required by Applicable Laws and Rules) to, at our sole discretion: (iii) attempt the Payment Method again; and (iv) collect from any other Payment Method we have on file for you. Specifically, you authorise Swimple to collect from you:

• 1. Any amount owed to Swimple (e.g., as a result of your Bookings, Booking Modifications, cancellations, or other actions as a Member), including reimbursement for costs prepaid by Swimple on your behalf. Any funds collected by Swimple will offset the amount owed by you to Swimple and satisfy your obligation to Swimple.
• 2. Taxes, where applicable.
• 3. Overstay penalties, and extra guest fees not included in your reservation, including any costs and expenses incurred in collecting the overstay penalty or extra guest fee.
• 4. Any other Service Fees imposed under these Terms.

In addition to any amount due as provided above, if there are overdue amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Swimple’s collection of these overdue amounts and chargebacks. These fees or charges may include attorneys’ fees, collection fees, convenience fees, or other third-party charges.

Fees

Swimple may impose fees and, if applicable, Taxes on Members for the use of the Swimple Platform. These fees or charges may encompass collection fees, convenience fees, third-party charges, or any other fees that may be necessary to address your Account and are allowed by Applicable Laws and Rules. Unless otherwise expressly stated on the Swimple Platform, Service Fees are non-refundable. Swimple reserves the right to modify the Service Fees at any time and will notify Members of the current fees. Fee adjustments will not impact Bookings made prior to the effective date of the fee change.

Collections

Swimple reserves the right to place you into collections if you fail to promptly pay any amounts owed from your use of the Platform. Collections may be undertaken by Swimple or a third party acting on Swimple’s behalf. You also consent that we may, at our discretion, refer your account to a collection agency, and except where prohibited by Applicable Laws and Rules, recoup our reasonable costs of collection from you.

Bookings (For Guests)

Reserving a Listing

When you make a Booking for a Listing, you are consenting to pay the Total Price along with all charges associated with the Listing, as indicated at checkout. A Booking becomes effective once you receive a booking confirmation. The cancellation policy, as well as any terms, policies, or conditions outlined in the Listing or presented during checkout, constitute a part of your agreement with the Host.

Reentry

A Guest maintains the privilege to reenter a Venue based on a Booking, provided reentry aligns with (i) the terms established in your agreement with the Host, or (ii) complies with Applicable Laws and Rules.

Unauthorised Guests and Overstays

Unless otherwise specified by a Host, a Guest who makes a Booking for a Venue must be physically present at the Venue for the Agreed Duration. You are not allowed to exceed the maximum number of Guests specified in your Booking. Should you surpass this limit, the Host may request that you reduce your guest count to match the original booking, or impose fees for the additional guests. If you or an additional Guest remains at a Venue beyond the Agreed Duration, the Host is entitled to ask you or the unauthorised guest to vacate the premises in a manner consistent with Applicable Laws and Rules, which may include imposing reasonable overstay penalties.

Booking Modifications, Cancellations, And Refunds (For Guests)

In most cases, if you, as a Guest, decide to cancel a Booking, the refund amount you receive is determined by the cancellation policy specified in the Booking.

Guest Responsibilities And Assumption Of Risk

Your Responsibilities

As a Guest, you bear the responsibility and liability for your own actions and the actions of any guests you invite to access a Venue under your Booking. You are tasked with leaving the Venue and other Host property in the same condition as when you arrived, and you are accountable for any loss, theft, or damage to the Venue and surrounding equipment during the Booking period. You commit to conducting yourself with integrity, treating others with respect, and adhering to Applicable Laws and Rules, as well as the terms of your Booking, at all times. If you make a Booking for an additional guest who is a minor or if you bring a minor to a Venue, you must have the legal authority to act on behalf of the minor, and you are solely responsible for supervising that minor.

Your Assumption of Risk

You recognise that many activities entail inherent risks and agree that, to the fullest extent allowed by Applicable Laws and Rules, you accept the entire risk arising from your access to and use of the Swimple Platform, hosting services including any Content or Swimple Content, use of a Venue or any other Host offering, or any other interaction you have with Members or third parties, whether in person or online. You acknowledge that it is your responsibility to thoroughly investigate a Host and a Venue to determine whether it is suitable for you or any additional Guests. For instance, accessing or using a Venue may involve risks of illness, bodily injury, disability, or even death, and you willingly and knowingly assume those risks by accessing or using a Venue and do not hold Swimple responsible.

Alcoholic Beverages and Mood-Altering Substances

Guests are obligated to be aware of and adhere to Applicable Laws and Rules regarding the consumption of alcoholic beverages or mood-altering substances at a Venue. No individual under the age of 18 may consume or possess alcohol at a Booking. No mood-altering substances may be consumed at a Booking unless permitted by local and/or federal law, and the Guest is of the appropriate age. As a Guest, you acknowledge that neither Swimple nor a Swimple host can be held accountable if injury or loss of life occurs to a Guest during a Swimple reservation due to the Guest or a member of the Guest’s party consuming alcohol or a mood-altering substance, or being under the influence of alcohol or a mood-altering substance at the time of the incident.

Food and Non-Alcoholic Beverages

Guests are prohibited from bringing any containers, whether for beverages or other purposes, made of glass to a Venue. Depending on what is allowed pursuant to your Booking, Guests may be permitted to bring their own food and non-alcoholic beverages to a Venue, but Guests may never bring their own cooking equipment, such as a portable grill.

Pets

Unless authorised by Applicable Laws and Rules, you may not bring a pet to a Venue unless it is permitted under your Booking. You are entirely responsible for any pet you bring to a Venue.

Guest Payment Terms

Payment Method Information

When you add a Payment Method to your Account, you will be prompted to provide billing details such as name, billing address, and financial instrument information. By doing so, you grant Swimple and its payment service providers permission to collect and securely store your Payment Method information. It is your responsibility to (i) assess the policies of your Payment Method provider, and (ii) adhere to any additional terms or conditions set forth by a third-party payment service provider associated with your Payment Method. Swimple is not liable for any losses incurred by you due to inaccurate Payment Method information provided.

Automatic Update of Payment Information

In the event that your Payment Method account information undergoes changes (such as account number, routing number, or expiration date), you agree to promptly update your Payment Method details. Failure to do so will result in us obtaining this information from our financial services partners or your bank, and subsequently updating your Payment Method on record.

Payment Method Verification

When you add or use a new Payment Method, you authorise Swimple to confirm the Payment Method through (i) obtaining a pre-authorisation via your Payment Method, or (ii) debiting your Payment Method with a nominal amount.

Payment Authorisation

You authorise Swimple or its payment service providers to debit your Payment Method (including potentially using more than one payment method), either directly or indirectly, for all fees owed (including any applicable Taxes) in connection with your Account.

Timing of Payment

Generally, Swimple charges the Total Price once the Host accepts your Booking request. However, if you pay with a push Payment Method, Swimple will collect the Total Price at the time of your Booking request. Should Swimple encounter any difficulties in collecting the Total Price as scheduled, it will subsequently collect the Total Price and potentially additional fees in accordance with Section 4. Upon successful completion of the payment transaction for your Booking, you will receive a confirmation email outlining the details of your Booking.

Booking Request Status

If a requested booking is declined, either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Swimple will be refunded to you, and any pre-authorisation of your Payment Method will be released (if applicable). The timeline for receiving the refund or for the pre-authorisation to be released will vary based on the Payment Method and any applicable payment system rules.

Payment Restrictions

All fees related to Bookings, including additional fees to Hosts and other charges, must be made through the Swimple Platform. We retain the right to reject or restrict payments that we believe (i) may contravene these Terms, (ii) are unauthorised, fraudulent, or illegal, or (iii) subject you, Swimple, or others to risks deemed unacceptable by Swimple.

Listings And Bookings (For Hosts)

Creating and Managing your Listing

As a Host, you represent that you have all rights (without restrictions) and authority to list your Venue(s) for Booking on the Swimple Platform. Your Listing must include complete and accurate information about your Venue, your Venue Fee, other charges like cleaning fees, security deposits, or Taxes, and any rules or requirements that apply to Guests, your Listing, or your Venue. You are responsible for keeping your Listing information (including calendar availability) and Content up-to-date and accurate at all times. You are responsible for ensuring your Listing complies with Applicable Laws and Rules and does not conflict with the rights of a third party. When you create a Listing, you agree to list your Venue as available for rental exclusively on the Swimple Platform (i.e. you may not double book).

Accepting or Rejecting a Booking Request

A Member may request to book your Listing. If you do not accept or reject the request within a time period provided by the Swimple Platform (the “Booking Request Period”), the request will automatically expire and any fees collected from the Guest will be returned to the Guest. Swimple, in its sole discretion, may determine and modify the Booking Request Period from time to time.

Contracting with Guests

A Booking is created when you receive a booking confirmation. You are solely responsible for delivering your Venue and performing your obligations under your Booking. Except as otherwise provided by these Terms, you may not request that a Guest pay a higher price or additional fees after a Booking is created. The terms, policies, and conditions specified in your Listing form part of your agreement with the Guest along with the applicable portions of these Terms. Any terms, policies, or conditions that you include in your Listing must be (i) consistent with these Terms, and (ii) prominently disclosed.

Pool Availability

You agree to make your Venue available for the Agreed Duration.

Pool Safety

As a Host, you represent and warrant that your Venue(s) and other amenities are maintained to ensure the health and safety of Guests, including but not limited to maintenance of water treatment, ensuring the Venue is enclosed by a fence with a locking gate or other reasonable security measures, ensuring installation and use of a drain cover, and providing a physical notice that no lifeguard is on duty, in addition to other applicable safety-related signage or notice(s) as required by Applicable Laws and Rules.

Diving Boards and Slides

As a Host, you represent and warrant that any diving boards or slides are installed and maintained safely and in accordance with the manufacturer’s instruction. This includes safety features such as, without limitation, hand rails, proper depth of water, and no-slip grips.

Booking Modifications And Cancellations (For Hosts)

Payout

Your Payout for a Booking will be the Total Price minus Service Fees and any applicable Taxes. In the event of a Booking cancellation, Swimple will disburse the amount owed to you (if any) in accordance with these Terms and the applicable cancellation policy. Balances will be remitted by Swimple to a Host through the chosen Payout Method, based on the selections made by the Host on the Swimple Platform. Swimple reserves the right, at its sole discretion, to round up or round down payable amounts to or from Guests and Hosts to the nearest whole dollar (e.g., from $101.50 to $102.00, or from $101.49 to $101.00).

Payout Restrictions

Swimple may temporarily place a hold, suspend, or cancel any Payout due to a violation of these Terms of Service, or for the purpose of preventing suspected or known unlawful activity or fraud, addressing chargeback requests, conducting risk assessments, ensuring security, carrying out investigations, or if we are unable to verify your identity. If a Guest receives a refund after you have already received payment, or if the refund amount and other costs incurred by Swimple exceed your payout, Swimple may recover that amount from you, potentially by offsetting the refund against your future payouts. Additionally, Swimple may temporarily impose a hold, suspension, or delay on initiating or processing any Payout owed to you under these Terms due to a force majeure event.

Limits on Payouts

For reasons of compliance or operational efficiency, Swimple may impose a limit on the amount of a Payout. If you are entitled to an amount that exceeds this limit, Swimple may arrange for a series of Payouts, potentially over multiple days, to ensure you receive your full Payout amount.

Payout Totals

All payments are subject to the standard Swimple booking fee and do not include any card processing fees. The Swimple booking fee is set at 20% per booking. For example, you receive a booking for an hours use of your pool at $60 per hour. $60/100*20=$12. As a result you will receive $48 for each hour booked. 

Reviews

Following a Booking, both Guests and Hosts have the opportunity to provide reviews on the Swimple Platform. All reviews must be submitted within 14 days of the reservation. By agreeing to leave a review, you confirm that your feedback will be truthful and devoid of any misleading, discriminatory, obscene, harassing, deceptive, offensive, inappropriate, violent, illegal, or defamatory Content. Please note that Swimple does not validate reviews for accuracy. Reviews solely represent the viewpoints of Members and do not necessarily mirror the perspectives of Swimple.

Content

The Swimple Platform enables you to provide Content. By providing Content, in whatever form and through whatever means, you grant Swimple a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit that Content, without limitation. You are solely responsible for all Content that you provide and warrant that you either own the Content or are otherwise authorised to grant Swimple the rights described in these Terms. You are solely responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of a third party. Members may not post discriminatory, obscene, harassing, deceptive, offensive, violent, inappropriate, defamatory, or illegal Content.

Communications Decency Act Notice

Swimple are not responsible for any Content. We neither warrant the accuracy of Content nor exercise any editorial control over Content, nor do we assume any legal obligation for editorial control of Content or liability in connection with Content, including any responsibility or liability for investigating or verifying the accuracy of any Content.

Swimple Platform Rules

As a Member, you agree to follow these rules and to not help or induce others to break or circumvent these rules:
Act with integrity and treat others with respect.

You agree that you will not lie, misrepresent information, mislead, or pretend to be someone else. Members must be polite and respectful when communicating with other Members and third parties. Members must comply with Swimple’s Discrimination Policy found here.

You agree not to:

• use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Swimple Platform for any purpose hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Swimple Platform, Content, Swimple Content, or Members decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Swimple Platform.
• take any action that could damage or adversely affect the performance or proper functioning of the Swimple Platform.

Only use the Swimple Platform as authorised by these Terms. You agree not to:

• Copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Swimple Platform or the Swimple Content or any portion of the Platform or Swimple Content.
• Use, display, mirror or frame the Platform or the Swimple Content, or any individual element within the Platform, Swimple’s name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform.
• Use another Member’s personal information outside of what is necessary to facilitate a transaction using the Swimple Platform and as authorised by these Terms.
• Use the Swimple Platform, our messaging tools, or Members’ personal information to send commercial messages not expressly permitted by these Terms.
• Use Content or Swimple Content made available through the Swimple Platform beyond what is necessary to enable your use of the Swimple Platform as a Member.
• Use Content unless you have permission from the Content owner or the use is authorised by us in these Terms.
• Require or encourage Guests to open an Account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Booking, unless authorised by Swimple.
  engage in any practices that are intended to manipulate our search algorithm.
• Use, copy, display, mirror, or frame the Swimple Platform, any Content or Swimple Content, any Swimple branding, or any page layout or design without our consent.
• Honour your legal obligations.
• You agree to understand and follow Applicable Laws and Rules that apply to you, including privacy and data protection law.
• If you provide us with someone else’s personal information, you (a) must do so in compliance with Applicable Laws and Rules, (b) must be authorised to do so, and (c) authorise us to process that information.
  You agree to read, keep up to date with any updates, and follow these Terms and any other Swimple policies, guidelines, and standards made available on the Platform.
• You may not use the name, logo, branding, or trademarks of Swimple or others without express written permission from Swimple.
• You may not use or register any domain name, social media handle, trade name, or other source identifier that may be confused with Swimple branding.
• You may not list or offer a Venue that violates Applicable Laws and Rules or agreements that apply to you.
• You may not export, re-export, import, or transfer any Swimple application except as authorised by United States law, the export control laws of your jurisdiction, and any other Applicable Laws and Rules.
• You acknowledge that we have no obligation to monitor the access to or use of the Swimple Platform by any Member or to review, disable access to, or edit any Content, Swimple Content, Third-Party Resources, or any ratings or reviews, but have the right to do so to (i) operate, secure and improve the Swimple Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with Applicable Laws and Rules or the order or requirement of a court, law enforcement or other administrative agency or governmental agency; (iv) respond to any Content, Third-Party Resource, or review that we determine is harmful or objectionable; or (v) as otherwise set forth in these Terms.
• You acknowledge and agree that Swimple administers its policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. You agree to cooperate with and assist Swimple in good faith, and to provide Swimple with such information and take such actions as may be reasonably requested by Swimple, with respect to any investigation undertaken by Swimple regarding any use or abuse of the Swimple Platform.
• You agree not to list, rent, or book any Venue listed on the Swimple Platform through means outside the Swimple Platform. You may not use the Swimple Platform, Swimple Content, or Content to facilitate or enter Venue rental transactions independent of the Swimple Platform. If a Member violates this rule, they agree, in addition to all other remedies available to Swimple, to pay Swimple the fees they would have incurred if the rental had been confirmed through a Booking on the Swimple Platform.

As a host, you agree not to accept or make a payment for a booking outside the Swimple Platform. If you are found to be accepting booking outside of the Swimple platform, your account will be terminated and any outstanding funds will be forfeited.

Reporting Violations

If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Swimple. In addition, if you believe that a Member, Listing, or Content has violated our Terms, you should report your concerns to Swimple at [email protected]. If you reported an issue to local authorities, Swimple may request a copy of that report and, subject to Applicable Laws and Rules, you agree to provide the same to Swimple. Except as required by Applicable Laws and Rules, you agree that we are not obligated to act in response to any report.

Copyrights And Other Intellectual Property

You may not use the Swimple Platform for any purpose or in any manner that infringes the rights of any third party. Swimple encourages you to report any Content on the Swimple Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorised to act on behalf of the owner can report potentially infringing Content. If you have a good faith belief that Content on the Swimple Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

Copyright

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Swimple has a designated agent for receiving notices of copyright infringement and Swimple follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Swimple the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Swimple’s copyright agent for notice of claims of copyright infringement on or regarding the Swimple Platform can be reached as follows: Email address: [email protected] NOTE: This contact information is for inquiries regarding potential copyright infringement only. Please put “DMCA Takedown Notice” in the subject field of your email.

Other Intellectual Property

If you believe that any Content on a Swimple Platform violates your exclusive rights other than copyrights, please provide Swimple at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why you believe the Content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding Content on the Swimple Platform to: [email protected]

General Rights Information

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your Content along with that of the alleged infringer pending resolution of the matter.

Swimple will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don’t make false claims! Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing Content. Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Termination, Suspension, and Other Measures

The agreement between you and Swimple reflected by these Terms is effective when you access the Swimple Platform (for example, to create an Account) and remains effective until either you or we terminate the agreement in accordance with these Terms.

Termination

Swimple reserves the right to terminate your access to and use of the Swimple Platform or any of its features in its sole discretion, without notice and liability, including without limitation if (a) you have materially breached your obligations under these Terms, (b) you have violated Applicable Laws and Rules, regulations, or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Swimple or third parties.

If your access to your Account and your access to the Swimple Platform has been terminated or suspended, you may not register a new Account or access and use the Swimple Platform through an Account of another Member.

Member Violations

Swimple reserves the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent permitted by Applicable Laws and Rules. If (i) you breach these Terms, (ii) you violate another Swimple policy, guideline, or standard, (iii) you violate Applicable Laws and Rules, or (iv) we believe it is reasonably necessary to protect Swimple, a Member, or third party, we may, without notice:

• Suspend or limit your access to or use of the Swimple Platform or your Account.
• Suspend or remove Listings, reviews, or other Content.
• Cancel pending or confirmed Bookings; or
• Suspend or revoke any special status associated with your Account.

Legal Mandates

Swimple may take any action it determines is reasonably necessary to comply with Applicable Laws and Rules.

Effects of Termination

If you are a Host and terminate your Account, any Booking(s) will be automatically canceled, and your Guests will receive a refund in accordance with these Terms. If you terminate your Account as a Guest, any Booking(s) will be automatically canceled, and any refund will depend upon the terms of the Booking’s cancellation policy. When your Account has been terminated, you are not entitled to a restoration of your Content.

Survival of Terms

Parts of these Terms that by their nature survive termination will continue in effect after termination of these Terms. We provide the Swimple Platform and all Swimple Content and Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Venue, Listing, Host offering, or third party, (ii) we do not warrant the performance or non-interruption of the Swimple Platform, and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Swimple has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

Limitations On Liability

Neither Swimple (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Swimple Platform, hosting services, any Content or Swimple Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Swimple Platform or any Content or Swimple Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Swimple Platform, or (iv) publishing or booking of a Listing, including the provision or use of a Venue, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Swimple has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

These limitations of liability and damages are fundamental elements of the agreement between you and Swimple. If Applicable Law and Rules do not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

Indemnification

To the maximum extent permitted by law, you agree to release, defend (at Swimple’s option), indemnify, and hold Swimple (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your violation of another Swimple policy, standard, rule, or guideline, (iii) your improper use of the Swimple Platform, (iii) your interaction with any Member or provision or use of a Venue, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, provision or use (including, without limitation, personal injury, theft or death), (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of Applicable Laws and Rules.

Miscellaneous

Entire Agreement

These Terms, including any policies referenced herein, constitute the entire agreement and understanding between Swimple and you with respect to your use of the Swimple Platform, Swimple Content, and the Content, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of the Swimple Platform, Swimple Content, and the Content.

No Waiver

Swimple’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these terms, the exercise by either party.

Assignment

You shall not assign, transfer, or delegate this agreement or your associated rights and responsibilities without prior written consent from Swimple. Swimple, however, retains the unrestricted right to assign, transfer, or delegate this agreement, along with any related rights and responsibilities, at its sole discretion.

Notice

Unless otherwise specified, any notices or communications permitted or required under this agreement for Members will be electronically provided. Such notices will be delivered by Swimple via email, Swimple Platform notifications, messaging services, or any other contact method facilitated and provided by you.

Google Terms

Certain features of the Swimple Platform may utilise Google Maps/Earth. Your utilisation of Google Maps/Earth is subject to the Additional Terms of Service for Google Maps/Google Earth found at: https://www.google.com/help/terms_maps/.

Swimple Content and Content on the Swimple Platform

The intellectual property rights for Swimple Content and Content provided via the Swimple Platform may be protected under copyright, trademark, and other Applicable Laws and Rules of the United States and other countries. You acknowledge that all rights to intellectual property for Swimple Content exclusively belong to Swimple or its licensors. You agree not to alter, remove, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not engage in activities such as using, copying, adapting, modifying, creating derivative works, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting any Swimple Content and Content accessed through the Swimple Platform, unless you are the legal owner of said Content or as expressly permitted by these Terms. Subject to your adherence to these Terms, Swimple grants you a restricted, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and employ the Swimple mobile applications on your personal device(s), and (ii) access and view the Content and Swimple Content made available on or through the Swimple Platform and accessible to you, exclusively for your personal and non-commercial use.

Force Majeure

Swimple shall not be held accountable for any delays or failures to perform resulting from circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, diseases, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Emails and SMS

You may receive administrative communications from us using the email address or other contact information you provide for your Account. You may also receive promotional emails from us. While there is no charge for these promotional emails, please note that third-party data rates may apply. You have the ability to manage whether you receive promotional emails through the tools provided in those emails or by adjusting the notification preferences in your account settings.

Purpose of Headings

The headings in these Terms are for reference purposes only and do not limit the scope or extent of the Terms.

Swimple Price Discretion

Swimple, at its sole discretion, reserves the right to adjust a Host’s listed Venue Fee or a Guest Fee in any manner it deems appropriate. This may include, but is not limited to, providing promotional codes to Guests.

Promotional Offer Terms

Periodically, Swimple may introduce promotional offers. The subsequent terms apply to all promotional offers, unless we specify otherwise:

• All promotions are time-limited offers.
• Swimple reserves the right to alter or terminate an offer at any time. If you received the promotional code (whether directly or indirectly) from a third party, that third party also holds the right to modify or cancel the offer at any time.
• Each promotional offer is restricted to one per customer and Account.
• Promotional offers may not be combined with other offers.
• Promotional offer benefits are non-transferrable and may not be sold.
• The discount from a promotional offer will be distributed proportionally among all promotional items in your order.
• If you violate any of the terms associated with the promotional offer, the offer will become invalid.

Contact us

If you have any inquiries regarding these Terms, please contact us.

Modification

Swimple may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Swimple Platform and update the “Last Updated” date of the Terms. Changes to the Terms are effective at the time of posting. We will provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate your Account. If you do not terminate your Account before the date the revised Terms become effective, your continued access to or use of the Swimple Platform will constitute acceptance of the revised Terms.

Last Updated: 22nd November 2023