Terms and Conditions
The Progress Project FZE maintains the ICanSwimFast.com Website (“Site”). The following are the terms of use that govern use of the ICanSwimFast.com (“Terms of Use”). By using the ICanSwimFast.com you expressly agree to be bound by these Terms of Use and the ICanSwimFast.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. The Progress Project FZE reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, The Progress Project FZE may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
Site Operation:
United Arab Emirates is our Country of Domicile. The Progress Project FZE controls this Site from the U.A.E. The Progress Project FZE makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
Applicable Law:
The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
Multi-Currency Priced Transaction:
The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
Purchases:
The Progress Project FZE accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of The Progress Project FZE. All refunds will be made onto the original mode of payment.
Pricing Policy
Prices for SwimFast (The Progress Project FZE) Services are subject to change.
Any changes in Service pricing will be communicated in writing to all members
SwimFast (The Progress Project FZE) reserves the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time.
SwimFast (The Progress Project FZE) shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service.
SwimFast (The Progress Project FZE) will accept the following forms of Payments in AED:
– Visa
– Mastercard
– American Express
The displayed price and currency on any page, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
Cardholder must retain a copy of transaction records and our policies and rules. User is responsible for maintaining the confidentiality of his account.
All online purchases are also governed by the terms and conditions of respective merchant service providers.
All Memberships are billed as subscriptions on the 1st day of every month
Payment Confirmation & Service Delivery
Upon successful payment Members will receive payment confirmation by email within 24 hours.
Training Programs for all SwimFast Members are emailed out on a Sunday at the start of each week.
Termination & Cancellation
Membership termination will usually be agreed upon mutually. In rare instances it may be in my best judgement to terminate coaching services despite your wish to continue. These instances may include: training goals have been met, a need for special services outside the area of my competency, your lack of commitment or inability to follow the programs I write you, infrequent or poor communication, and/or a failure to meet the terms of our fee payment agreement.
Memberships operate as “Opt Out” subscriptions. As such it is presumed you will continue your membership until such time that communicated you desire to cancel your membership
Memberships may be cancelled in any month following the competition of your first 3 months
Members wishing to cancel their subscription must email by emailing hello{at}icanswimfast.com prior to the 20th of the month to ensure your automatic billing is not processed on the 1st of the following month.
Membership fees paid for the current month are non-refundable for reasons, including but not limited to relocation, illness, injury, professional or family duties, facility access, or travel.
For more detail, please review the SwimFast Refund Policy.
Representations By You:
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to The Progress Project FZE through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
Permitted Use:
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by The Progress Project FZE to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by The Progress Project FZE to do so. The content and software on this Site is the property of The Progress Project FZE. The cardholder must retain a copy of transaction records and ICanSwimFast.com policies and rules.
Your Account:
If you use the ICanSwimFast.com website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Progress Project FZE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Links And Search Results:
ICanSwimFast.com may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. The Progress Project FZE has no control over these sites or the content within them. The Progress Project FZE does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Progress Project FZE does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against The Progress Project FZE for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify me at rory{at}ICanSwimFast.com.
Office Foreign Assets Control (OFAC) Sanctioned Countries:
The Progress Project FZE will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
Copyright Policy:
The Progress Project FZE may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
Intellectual Property:
On-line Materials are The Progress Project FZE’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of The Progress Project FZE, except as expressly and specifically permitted under these Terms of Use.
Violation Of Terms Of Use:
You understand and agree that in The Progress Project FZE’s sole discretion, and without prior notice, The Progress Project FZE may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if The Progress Project FZE believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of The Progress Project FZE, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to The Progress Project FZE for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. The Progress Project FZE may release user information about you if required by law or subpoena
Indemnity:
The advice and directions found on this sight may not be suitable for everyone. Information contained on the pages of this site have been compiled from personal experience and reliable resources, but neither intends any guarantee of safety.
The author and contributors of this site disclaim any liability, loss, or risk taken by individuals who directly or indirectly act on the information herein. All visitors must accept full responsibility for the use of this material.
In no way shall The Progress Project FZE, ICanSwimFast.com, any authors or contributors of this site be held liable for any damages arising in any way out of correct or incorrect use of the information on the site. The information on this site is not intended to be a substitute for professional medical advice. Please seek the advice of your doctor before you swim or start triathlon.
The Progress Project FZE makes no warranty or representation of any kind, either express or implied, including but not limited to warranty of title or non-infringement or implied warranty of merchantability, fitness for a particular purpose, non-infringement or other violation of rights in relation to the availability, accuracy, validity, reliability or content of these pages and/or the site. The Progress Project FZE also does not make any representation or warranty regarding the accuracy or reliability of any advice, opinion, statement or other information that is submitted, displayed or uploaded through the site by any user. The Progress Project FZE shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use this site, even if The Progress Project FZE has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of the The Progress Project FZE would in such case be limited to the greatest extent of liability permitted by law.
