Terms and conditions

  1. Identification of SWIM-FASTER

SWIM-FASTER is a self employed company registered under the name of Andrii Govorov under the number: 3370306931

With registered address: UKRAINE Dnipro, 49040, Zaporizke Shose 56

  1. SCOPE OF GENERAL TERMS AND CONDITIONS

The General Terms and Conditions constitute the sole document governing the contractual relationship between SWIM-FASTER and the Client and define:

● The terms of use of its Services;

● The respective obligations of the parties.

  1. DESCRIPTION OF SERVICES

Once registered on the online consultation and payment has been made, Clients have access to the Services, which include, among others:

For the “Core” offer:

– access to private consultation channel, which includes the main application where clients can define their coaching objectives

– a personalized coaching routine

– content made available according to the defined objective

– progress tracking

– secured records

– session of a professional coaching program including personalized questions, assignments and interaction with Andrii Govorov.

Coaching will take place in any comfortable online platform that will be discussed with the client.

The coaching objective will be defined during the initial interactions between Andrii Govorov and the Client. Once achieved or upon the client’s request, this objective will be reassessed, redefined, and potentially replaced with a new objective.

  1. FINANCIAL TERMS

The rates applicable as of the date of purchasing of consultation and also available upon request and on the website.

● “Core” : One time personal consultation session: 99$ per session

● Purchase of “SET” : Five personal consultation sessions: 400$ per 5 session.

One session include approximately 1.5 hours of personal consultation via any comfortable online platform.

Unless otherwise indicated, the above-mentioned prices are in US dollars, excluding taxes (excluding VAT).

SWIM-FASTER reserves the right, at its sole discretion, to offer promotional offers or price reductions.

Similarly, the prices of the Services may be revised at any time. The Client will be informed of these modifications directly. However, the price accepted by the Client at the date of subscribing to the Services will remain valid for the entire duration of the chosen period.

The prices do not include internet connection fees or the fees for any equipment or software necessary to access the Platform, which remain the responsibility of the Client.

The following payment methods can be used to subscribe to the Services:

● Credit card

Payment by credit card is made through a secure payment service provider. The client can access the general terms and conditions of the payment service provider at the following address: https://wayforpay.com/en/terms

For any questions regarding the financial terms or the use of the Services, the Client can contact SWIM-FASTER at the following address:

swimfasterag@gmail.com

  1. CONTENT

The content (texts, courses, photographs, videos, etc.) published on the Platform may only be used for strictly personal purposes.

The Client is solely responsible for the information and content uploaded through the platforms.

The Client guarantees to SWIM-FASTER that they have all the necessary rights and authorizations to provide such information and content.

The Client undertakes to provide only content that does not infringe public order, the rights of third parties, legislative or regulatory provisions, and, more generally, that in no case is likely to engage SWIM-FASTER’s civil or criminal liability.

The Client also undertakes not to share the following elements, this list not being exhaustive:

● Obscene, indecent, shocking, defamatory, insulting, violent, racist, xenophobic, or revisionist content.

● Content that infringes the intellectual property rights of third parties.

● Content that harms the image of SWIM-FASTER’s or a third party.

● Dishonest, misleading content, or content that offers or promotes illegal, fraudulent, or deceptive activities.

● And, more generally, content that may infringe the rights of third parties or harm them in any way or form.

  1. SWIM-FASTER’s OBLIGATIONS

SWIM-FASTER disclaims any responsibility in case of loss of information accessible in clients accounts if such loss is due to the Client’s or a third party’s actions.

Swim-faster will make its best efforts to ensure that the Platform is available, but cannot guarantee uninterrupted availability. In the event of an interruption, swim-faster will make its best efforts to restore availability of the Platform.

Swim-faster does not guarantee to the Client that the Services will be entirely free from viruses, errors, defects, or failures arising from external causes beyond SWIM-FASTER control.

  1. COACHING CHARTER

7.1 Client’s Commitment

For effective coaching, it is important for users to commit to being available for coaching, which includes:

● Voluntary participation;

● A level of involvement/regularity in implementing action plans and tasks that may be defined within the coaching framework.

SWIM-FASTER will always respect the Clients’ right to terminate the commitment at any time during the process, subject to the provisions of these Terms and Conditions.

7.2 Ethical Coaching

SWIM-FASTER is committed to adhering to the EMCC Code of Ethics, particularly in the following aspects:

● Respect: SWIM-FASTER refrains from influencing Clients in any way or directing their actions. During coaching, as SWIM-FASTER is neither an advisor nor a psychotherapist, the Client retains full control and responsibility for their decisions and actions. SWIM-FASTER actively promotes independence, autonomy, and accountability for the Client;

● Supervision: SWIM-FASTER commits to maintaining its coaching professionalism through regular supervision by experienced supervisors, coaches, and experts. User cases may be used anonymously for supervision purposes. SWIM-FASTER is also continuously supervised by a scientific board comprising certified professional coaches and experts.

7.3 Complaint Procedure

Any complaint regarding ethical coaching standards should be addressed to complaints@emccglobal.org, following the guidelines of EMCC.

  1. INTELLECTUAL PROPERTY

For the duration of the Services, SWIM-FASTER grants the Client a worldwide, non-exclusive, non-transferable, non-assignable, strictly personal, and limited license to use the Platform and its content in accordance with these Terms and Conditions.

The license entails the right to access and use the Platform in accordance with its intended purpose and these Terms and Conditions, via an internet connection.

The Client accepts the conditions of this license and undertakes, within the limits provided by law, not to:

● Copy, print, or transfer all or part of the Platform or its content;

● Sell, distribute, rent, transfer, or sublicense all or part of the Platform or its content in any way;

● Modify or translate the Platform or its content;

● Reproduce or merge all or part of the Platform or its content into other software;

● Reverse engineer, decompile, or disassemble the Platform;

● Modify or create derivative works from all or part of the Platform;

● Use the Platform or its content for purposes other than its initial function.

The Client agrees that SWIM-FASTER retains all intellectual property rights to the Platform and its content, and nothing in these Terms and Conditions intends to transfer ownership of the Platform to the Client.

The Platform, systems, software, structures, databases, logos, trademarks, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by SWIM-FASTER within the Site and/or the Platform are protected by all intellectual property rights or database producer rights. Any disassembling, decompiling, decryption, extraction, reverse engineering, reuse, copying, and, in general, any acts of reproduction, representation, publication, and use of any of these elements, in whole or in part, without SWIM-FASTER’s authorization are strictly prohibited and may be subject to legal action.

The Client refrains from taking any action or engaging in any acts that could infringe upon the intellectual property rights held by SWIM-FASTER or any third party concerning the Site, the Platform, and their features.

The Client is informed that the Terms and Conditions do not entail any assignment or other license to use SWIM-FASTER’s or any third party’s intellectual property rights other than the license right described in this article.

The Client represents and warrants that they have all necessary intellectual property rights for the data and files they use or share with SWIM-FASTER in the execution of the Services and will indemnify SWIM-FASTER against any claims, actions, or complaints from third parties in this regard.

  1. PERSONAL DATA

As part of providing the Services and the Platform, SWIM-FASTER, may collect and process certain personal data of the Client, including personal identification information, public contextual content, coaching content, connection and browsing data, and data stored in cookies (“Data”).

The privacy policy is an integral part of these Terms and Conditions.

The Client is encouraged to read the privacy policy for a more detailed explanation of the conditions of Data collection and processing.

  1. CONFIDENTIALITY

The practice of coaching is subject to strict compliance with professional secrecy.

Accordingly, SWIM-FASTER undertakes not to disclose the content of the exchanges to anyone unless the disclosure of information is required by law.

When SWIM-FASTER engages subcontractors to provide coaching sessions, they are also bound by confidentiality obligations.

  1. THIRD-PARTY LINKS AND SITES

SWIM-FASTER shall not be held liable for the technical availability of websites or mobile applications operated by third parties (including its partners, if any) that the Client may access through the Site or the Platform.

SWIM-FASTER disclaims all responsibility regarding the content, advertising, products, and/or services available on these websites and mobile applications, noting that they are governed by their own terms of use.

  1. PROVISION OF SERVICES AND LIABILITY

The Services are provided “as is”.

SWIM-FASTER will make its best efforts to ensure the availability of the Platform and/or the Services but does not guarantee that the Platform and/or the Services will be available at all times, uninterrupted, or error-free.

SWIM-FASTER does not guarantee that the Platform and/or the Services will perfectly meet the Client’s expectations and needs.

The Platform and/or the Services may contain views, opinions, statements, and recommendations from various information and content providers. SWIM-FASTER does not endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, downloaded, or distributed through the Platform or in the provision of the Services.

Unless SWIM-FASTER (i) has been duly informed of the existence of illicit content within the meaning of the applicable legislation, under the conditions provided in the “Complaint Procedure” clause, and (ii) has failed to promptly remove such content, SWIM-FASTER cannot be held responsible for the dissemination of such content.

  1. FORCE MAJEURE

SWIM-FASTER shall not be liable for any damage, delay, or non-performance of its obligations resulting from a force majeure event.

The obligations of the party (the Client or SWIM-FASTER) affected by the force majeure event shall be initially suspended without incurring any liability. The party invoking it undertakes to inform the other party promptly and by any means at its disposal. It shall indicate the event constituting the force majeure, its expected duration, as well as the obligations that it deems unable to perform. It also indicates the measures it intends to implement to mitigate the consequences of the force majeure.

If the force majeure event prevents the affected party from performing an essential obligation under the contract for more than one (1) month, the contractual relationship may be terminated automatically by the other party.

No compensation shall be claimed by either party.

  1. COMPLAINTS – CLAIMS

For any complaint or claim related to the use of the Services, the Client can contact SWIM-FASTER at the following address: swimfasterag@gmail.com

  1. AMENDMENT

SWIM-FASTER may amend the General Terms and Conditions at any time and will inform the Client in writing (including by email) at least 30 calendar days before the amendments take effect.

The amended General Terms and Conditions shall apply upon the next renewal of the current subscription or for any new subscription of Services by the Client. The Client must accept the amended General Terms and Conditions by checking a box in the renewal or subscription form for the Services.

  1. NO REFUND POLICY

Services are provided are not refundable and provided “as is”.

  1. APPLICABLE LAW

The General Terms and Conditions are governed by Ukraine law.

  1. EFFECTIVE DATE

The General Terms and Conditions come into effect on the date of acceptance by the Client.