Copyright / Trademarks

This Website and Other Services or Applications for Online Booking / Payment or Payment or Profile Management and the contents, including lesson/training/appointment schedules, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the status of D Swim Academy training / lesson / session, etc. are proprietary to D Swim Academy or its content suppliers. You may use this Website and the contents only for personal and non-commercial purposes subject to applicable copyright laws.

All trademarks, trade names, service marks (whether registered or unregistered) and logos in this Website are owned by D Swim Academy or their respective owners and must not be used or modified in any way without obtaining the prior written consent of D Swim Academy.

This Website and Other Services or Applications for Online Booking / Payment and the products, technology and processes contained may be the subject of other intellectual property rights owned by D Swim Academy or by third parties. No license is granted in respect of such intellectual property rights other than as set out in this Policy. Your use of this Website and / or Other Services or Applications for Online Booking / Payment must not in any way infringe the intellectual property rights of any person.

Content

By using this Website, and / or Other Services or Applications for Online Booking / Payment or any particular Service including the posting of content and commentary in the Corporate Webpage or other public communication forums hosted on this Website, you agree that you will not upload, post or otherwise transmit or make available any content (including text links, communications, software, images, sounds, data or other information) that is not consistent with the permissible uses outlined in this Policy or the relevant Specific Terms of Use, including, but not limited to the following:

• False, inaccurate, misleading, unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually oriented/suggestive/explicit, obscene, racially or ethnically offensive or otherwise objectionable.
• Violates any laws, third party rights, or infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Constitutes advertising or promotion, junk mail, spamming, chain letters or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by D Swim Academy in its sole discretion.
• Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.
• Provides any non-public information about D Swim Academy or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of D Swim Academy employees and any of the users or participants of the Services.
• Intentionally interferes with the operation of any of the Services included in this Website and / or Other Services or Applications for Online Booking / Payment without limitation, mail or ‘post’ bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
• Impersonates any person or entity, including D Swim Academy employees or forges any TCP-IP packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
• Attacks or insults another.
• Suggests or encourages illegal activity.

Email, Fax and Other Forms of Electronic Communication

When you have requested for the schedule or training / lesson / session related documents to be sent to you by email, fax or other forms of electronic communication (including mobile messages), failure to receive it does not constitute an unsuccessful booking / payment. A booking / payment is deemed successful and complete after confirmation has been made. In the event of any dispute, the booking / payment in the D Swim Academy database is the primary record of carriage, and will prevail.

D Swim Academy is not responsible for the delivery of any electronic communication. If you have any queries regarding your booking / payment, please visit https://www.dswimacademy.com/contact/feedback-form/ to submit an online feedback form.

Links

This Website and Other Services or Applications for Online Booking / Payment may contain links to websites maintained by third parties (“External Sites”). These External Sites are provided for user’s reference and convenience only. D Swim Academy does not operate, control or endorse in any respect such External Sites or their content. User assumes sole responsibility for use of these External Sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.

You must not link to this Website and / or Other Services or Applications for Online Booking / Payment without obtaining the prior written approval of D Swim Academy. Use of any automated screen capture or screen scraping technologies to obtain information from this site without the prior written approval of D Swim Academy is an infringement of D Swim Academy’s intellectual property rights.

Security

When you book lesson/training/session or access your Member Login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Website and / or Other Services or Applications for Online Booking / Payment / Payment. Although D Swim Academy would use its best endeavor to ensure security, D Swim Academy makes no warranty in respect of the strength or effectiveness of that encryption and D Swim Academy is not and shall not be held responsible for events arising from unauthorised access of the information you provide.

Disclaimer

The content on this Website and Other Services or Applications for Online Booking / Payment / Payment are provided on an “as is” and “as available” basis. You therefore agree that you use this Website and / or Other Services or Applications for Online Booking / Payment and the services provided at your sole risk. D Swim Academy, its officers, directors, employees, partners and suppliers disclaim:

• all warranties or representations of any kind regarding this Website and / or Other Services or Applications for Online Booking / Payment, its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein.
• to the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of acceptable quality, merchantability or fitness for a particular purpose or non-infringement;
• all liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Website and / or Other Services or Applications for Online Booking / Payment whether based in contract, tort or otherwise even if we are informed of their possibility;
• all liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website and / or Other Services or Applications for Online Booking / Payment or an external site. You must take your own precautions to ensure that whatever you select for use from this Website and / or Other Services or Applications for Online Booking / Payment is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Our Privacy Policy

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you use any of the contact forms on this site, we collect the personal information you give us such as your name, address and email address.
When you browse our store, use contact forms, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at: Level 3, National Aquatic Centre, Bukit Jalil, Kuala Lumpur Sports City, 57000 Kuala Lumpur, Malaysia.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

SECTION 5 – LINKS

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 7 – COOKIES

Cookies are small pieces of information, stored in simple text files, placed on your computer by a website. Some cookies can be read by the website on your subsequent visits. The information stored in a cookie may relate to your browsing habits on the webpage, or a unique identification number so that the website can ‘remember’ you on your return visit. Other cookies are deleted when you close your browser and only relate to the working of the website. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the website.
Cookies may be set in a number of places on this website:
When you first visit this website, you will see a message informing you about cookies. If you click the ‘Hide this message’ button, a cookie will be set which records your preference.
Cookies from Google may be set when Google Maps are displayed on this website.
Most browsers allow you to turn off cookies or to customise your settings for cookies. To find out how to do this, see the ‘Help’ menu on your browser. Please note that if you turn off cookies or change your settings, some features of this site may not work correctly.

If you are concerned about how personal data is processed via this website, please contact us by sending a mail to [email protected].

SECTION 8 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Governing Law and Venue

This Website and Other Services or Applications for Online Booking / Payment is created and controlled by D Swim Academy in Malaysia and you therefore, agree that this Policy and the Specific Terms of Use, if applicable shall accordingly be governed by the laws of Malaysia and you further agree to submit to the exclusive jurisdiction of the Malaysia courts.

Miscellaneous

If any provision of this Policy is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced. You may not assign or transfer any of your rights or obligations under this Policy, the Specific Terms of Use or Privacy Policy. Headings are for reference purposes only and do not limit the scope or extent of such section. D Swim Academy’s failure to act with respect to a breach by you or others does not waive D Swim Academy’s right to act with respect to subsequent or similar breaches.

D Swim Academy does not guarantee it will take action against all breaches of the provisions of this Policy. This Policy and the relevant Specific Terms of Use set forth the entire understanding and agreement between you and D Swim Academy with respect to its subject matter.

D Swim Academy may terminate your use of this Website and / or Other Services or Applications for Online Booking / Payment or any of the Services at any time for any reason or no reason, with or without notice. This Policy and the Specific Terms of Use, if applicable shall continue to govern all use of this Website and Other Services or Applications for Online Booking / Payment and the particular Service notwithstanding any termination, suspension, or cancellation.

License

You grant to D Swim Academy and its designees a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, and royalty free license to use all or any part of any ideas, expression of ideas, inventions, or other materials you submit, including, without limitation, feedback, comments, documents, suggestions and / or proposals (collectively, ‘Contributions’) to the Webpage without restrictions, notice and compensation to you or any third party.

The license shall include, without limitation, the irrevocable right to rerecord or modify any audio tracks or visual images you provide, reproduce, prepare derivative works, combine with other works, alter, translate, distribute, download, link to or from, transmit, advertise, market, make, have made, display, perform, and / or license the Contributions or any part or parts thereof, and all rights therein, in the name of D Swim Academy, or its designees throughout the world in perpetuity in any and all media now or hereafter known.

You agree that Contributions you submit are:

• original and accurate and
• your submission of them and their use as allowed by these Specific Terms of Use do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including but not limited to any right of publicity, right of privacy, right against defamation, liable or slander, or any other proprietary right.

You acknowledge and agree that the relationship between you and D Swim Academy is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Contributions you submit. To the extent D Swim Academy’s Privacy Policy is inconsistent with the provisions of this paragraph; these Specific Terms of Use supersede the Privacy Policy.

By submitting a Contribution, you acknowledge and agree that D Swim Academy and its designees may create on their own or obtain through submissions to the Webpage or otherwise ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and / or proposals that may be similar or identical to the Contributions you submit through the Webpage or other channels and means. You hereby waive any and all claims you may have had, may have, and / or may have in the future, arising out or relating to the fact or contention that the ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and / or proposals accepted, reviewed and / or used by D Swim Academy and its designees may be similar to your Contributions.

General Release

You hereby release and agree to hold harmless D Swim Academy, its subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint venturers, licensees and assigns and each of their respective designees (“D Swim Academy Entities”) and the users of this Webpage with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of:

• content, including Contributions which you submit, post, transmit or make available through the Webpage
• your use of the Webpage and the content herein including any Contributions made by any party; or
• your violation of these Specific Terms of Use and the Policy.

Disclaimer of third-party content

Most of the content posted to the Webpage is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. D Swim Academy does not control and is not responsible for this third party content.

You expressly understand and agree that you bear all risks associated with using or relying on that content, and you are responsible for all of your activity on the Webpage and for the security of your computer system.

General Practices Regarding Use & Storage

You acknowledge that D Swim Academy may establish general practices and limits concerning use of the Webpage, including without limitation the maximum number of days any uploaded Content will be retained on this Webpage, the maximum disk space that will be allotted on D Swim Academy’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Webpage in a given period of time.

You agree that D Swim Academy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Webpage. You acknowledge that D Swim Academy reserves the right to log off accounts that are inactive.

Access and Interference

The Webpage contains robot exclusion headers. Much of the information of the Webpage is updated on a real-time basis and is proprietary or is licensed to D Swim Academy by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Webpage for any purpose without our express written permission.

Additionally you agree that you will not, by or through your use of the Webpage:

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
• Interfere or attempt to interfere with the proper working of the Webpage or any activities conducted on the Webpage
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Webpage
• Transfer your D Swim Academy member account (including feedback on the Webpage) and username to another party without our consent
• Harvest or otherwise collect information about users, including email addresses, without their consent
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Webpage
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)

Enforcement & Site Abuse

D Swim Academy also may release information concerning your use of the Webpage (including posted content, registration information and network records) when D Swim Academy believes release is appropriate to comply with applicable laws, to enforce or apply these Specific Terms of Use, to protect D Swim Academy’s rights or property, or to protect D Swim Academy’s users from fraudulent, abusive or unlawful use of the Webpage, or if D Swim Academy reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.

Please report problems with or offensive content on the Webpage, and any violations of these Specific Terms of Use to the moderator.

Cancellation

You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute whatsoever with D Swim Academy arising out or relating to the Webpage. You can cancel your D Swim Academy member registration by contacting D Swim Academy at [email protected].

Registered users of the Webpage may not allow former users whose registration or ability to use the Webpage has been terminated, suspended, or cancelled to use the Webpage through them.

If your registration and / or ability to use the Webpage is terminated or suspended, you may not register to join the Webpage again without our express written permission.