AwimAway Terms of Use

1. Description of AwimAway Services and Acceptance of Terms of UseThese Terms of Use Agreement (“Agreement”) is developed to describe the terms that govern your access and use of our Services. This Agreement applies to AwimAway, trading name of Asian Geographic Partners Ltd and its websites (referred here as “AwimAway”, or “we” or “us”), mobile sites, applications ("apps"), widgets, AwimAway Products (as defined below) and other content and services that are linked to this Agreement (collectively, the "Services"). AwimAway and Asian Geographic Partners Ltd are based in the United Kingdom.

Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, including any future modifications (collectively, "Additional Terms") in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Service.

All our content, products and Services are limited to users aged 18 years and above, in the UK and in European Economic Area (“EEA”).

AwimAway furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the Services and must discontinue use of the Services immediately. AwimAway may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. AwimAway may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help AwimAway manage and provide the Services.

2. AwimAway Account Registration and Security
Some Services require you to create an account (including setting up an AwimAway credentials and password) to participate in or to secure additional Services, such as viewing and commenting on our content (defined below), purchasing AwimAway Products, creating an AwimAway profile and signing up for specific AwimAway newsletters. To create an account and interact with participating Services click on the Sign In/Join link on the home webpage and create a profile.

All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting our customer portal at https://membercenter.asiangeographic.com. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. AwimAway reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by AwimAway, the Asian Geographic Society, the Asian Geographic Affiliates (defined below) or any other AwimAway user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify AwimAway, the Asian Geographic Society and all Asian Geographic Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify AwimAway immediately if you suspect any unauthorized use of, or access to, your account or password. AwimAway shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If AwimAway makes available a manner by which you are able to upload a picture to your profile, AwimAway shall also retain the right, but no obligation, to review any profile pictures provided by you.

3. Access
The Services are intended solely for your personal and non-commercial use. AwimAway may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. AwimAway may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which AwimAway may undertake from time to time; or (iii) causes beyond the control of AwimAway or which are not reasonably foreseeable by AwimAway.

4. Termination
Unless terminated by AwimAway in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a letter to AwimAway (Asian Geographic Partners Ltd), Attn: Legal Affairs – 16 Myddelton Gardens, London N21 2PA, or (ii) send us an email with your request to delete your account at AGLegal@asiangeo.info.

AwimAway may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or AwimAway, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the AwimAway without AwimAway’s prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.

5. Fees
You acknowledge that AwimAway reserves the right to charge a fee for any portion of the Services. AwimAway will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if AwimAway suspends or terminates your account, and/or access to any Service (or any portion of the Services), due to your breach of this Agreement or violation of Applicable Law, as determined by AwimAway, in its sole discretion.

6. Purchasing AwimAway Products
In connection with a purchase of any Services feature, subscription (including any premium subscription) or product, through any Service ("AwimAway Product") you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, AwimAway (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for AwimAway Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of an AwimAway Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase an AwimAway Product.
 
If you purchase certain subscription based AwimAway Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such AwimAway Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of AwimAway or the Processor, for a substantially similar subscription. Some subscription options may include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
 
AwimAway makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an AwimAway Product with the Processor. AwimAway provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, AwimAway will in no way be responsible or liable to you for any such data breach.
 
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
 
7. Limited Content License
The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of AwimAway, Asian Geographic Partners, the Asian Geographic Society and Asian Geographic Affiliates and their licensors and assignors ("AwimAway Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. AwimAway Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and AwimAway, Asian Geographic Partners, its licensors, or its assignors, own and retain all rights in the AwimAway Content and Services. AwimAway hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the AwimAway Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.
 
Except as explicitly and expressly permitted by AwimAway or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the AwimAway Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the AwimAway  Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the AwimAway  Content, including geo-filtering mechanisms. Except as necessary in order to make reference to AwimAway or Services in a purely descriptive capacity, you are expressly prohibited from using any AwimAway Content in any manner.
 
You may not, without the AwimAway's written permission, “mirror” any AwimAway Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. AwimAway reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
 
8. Restrictions on Use of the Services
AwimAway reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that AwimAway does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. AwimAway assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Services, please report this immediately to AGLegal@asiangeo.info.
 
AwimAway assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, AwimAway chooses in its sole discretion to monitor the Services, AwimAway nonetheless assumes no responsibility for Content other than AwimAway Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
 
You agree not to use the Services to:
Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the AwimAway Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including AwimAway's servers, networks or accounts;
Cover, remove, disable, block or obscure advertisements or other portions of the Services;
Delete or revise any information provided by or pertaining to any other user of the Services;
Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to AwimAway, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay AwimAway (part of Asian Geographic Partners Ltd) £50 for each actual or intended recipient of such communication;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without that person's consent;
Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the AwimAway Content; or building a business using the AwimAway Content) without AwimAway’s prior written consent; using technology or other means to access, index, frame, or link to the AwimAway Services (including the Content) that is not authorized by AwimAway (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of AwimAway Content);
Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
Use the Services to advertise or promote competing services;
Use the Services in a manner inconsistent with any and all Applicable Law;
Attempt, facilitate or encourage others to do any of the foregoing.
 
AwimAway reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by AwimAway, or for any other reason in AwimAway’s sole discretion and without notice to you. You acknowledge that AwimAway reserves the right to investigate and take appropriate legal action against anyone who, in AwimAway’s sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
 
You acknowledge, consent and agree that AwimAway may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when AwimAway has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of AwimAway, our parents, subsidiaries or affiliates (“Asian Geographic Partners Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If AwimAway sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, AwimAway may transfer your information to the party or parties involved in the transaction as part of that transaction.
 
AwimAway reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and AwimAway assumes no responsibility for any loss of your User Content due to it being removed by AwimAway or for any other reason.
 
9. User Content on Message Boards and Forums
AwimAway may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, "Forums"), which may be open to the public generally, to all members of Services or to a select group of Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. AwimAway reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in AwimAway's sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Services, including the Forums or otherwise.
 
 

 

 

 
 
 
This website AwimAway is owned and operated by AWIM LTD and hereby called ‘AwimAway’. These website “Terms of Use” apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant AwimAway Site.
 
By accessing and using the AwimAway site, you accept the Terms without limitation or qualification. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

Important notes
The Terms of Service are the contract between you and us including third parties to whom we may have given authority to act on our behalf. They apply to all AwimAway users and explain our obligation to you and yours to us. While they apply to all our website services, they may be added to or changed by particular terms and conditions for certain of our products and services which you may include, e.g. our holidays and tours with or without hotels and resorts.

 
1. PRIVACY STATEMENT
Our Privacy Notice applies to the collection, use, disclosure and other processing of personal information on this Site. We may update the Privacy Notice from time to time at our sole discretion and post an updated version of the notice at the website address above. The latest Privacy policy can be seen here: [http://www.AwimAway.com/privacypolicy]

 
2. YOUR PERSONAL AND NON-COMMERCIAL USE LICENCE
The AwimAway website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this website. You are granted a non-exclusive, non-assignable and non-transferable licence to use the website only under these terms and conditions of use. The AwimAway website may be used only by you as a member, and you may not rent, lease, lend, sub-license or transfer any data on the website or any of your rights under this agreement to anyone else without obtaining prior written permission from AWIM LTD.

 
3. COPYRIGHTS AND TRADEMARKS
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AWIM LTD and the copyright owner. 
 
Images of people or places displayed on the Site are either the property of or used with a licence or with permission of copyright holders by AWIM Ltd. Use of these images by you or other third parties is prohibited unless expressly permitted in the terms or elsewhere on the AwimAway site. Any unauthorised use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes.
 
 
4. CONTENT YOU SUBMIT
You acknowledge that you are responsible for any content you may submit through the site, including the legality, reliability, appropriateness, originality and copyright of any such content.
 
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
 
With respect to any content you submit or make available through the site (other than personal information, which is handled in accordance with the Privacy Notice, you grant AwimAway a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to text, images, music or video) to which you do not have the full right to grant such a licence to AwimAway.
 
 
5. DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, AWIMAWAY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF AWIMAWAY MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE AWIMAWAY SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
 
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. AWIMAWAY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, AND RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
 
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 
6. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AWIMAWAY, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. AWIMAWAY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. AWIMAWAY SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEBSITE. AWIMAWAY, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS, OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AWIMAWAY, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AWIMAWAY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

 
7. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions and notices.

 
8. LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than AwimAway. Such hyperlinks are provided for your reference only. AwimAway does not control such websites and is not responsible for their contents. AwimAway’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 
9. MODIFICATIONS OF THESE TERMS & CONDITIONS
AwimAway reserves the right to change the terms, conditions and notices under which this website is offered. You are bound by such revisions and should therefore visit this page to review the current terms from time to time.

 
10. GENERAL
This user agreement is between you and AwimAway and is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of courts London, UK, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
 
AwimAway may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
 
You agree that no joint venture, partnership, employment or agency relationship exists between you and AwimAway as a result of this agreement or use of this website.
 
AwimAway's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AwimAway’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by AwimAway with respect to such use.
 
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
This agreement constitutes the entire agreement between the customer and AwimAway with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and AwimAway with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
 
Any rights not expressly granted herein are reserved.

 
11. HOW TO CONTACT US
Your views are important to us. You can contact us by one of the following methods:
You can send us an electronic message at: legal@AwimAway.com.
Telephone: 020 8350 6199
 
Post: AwimAway (Part of AWIM LTD) 
16 Myddelton Gardens
Winchmore Hill
London N21 2PA
 
This user agreement is between you and AwimAway (part of AWIM LTD) and is governed by the laws of England and Wales.
 
Effective date:  01 May 2018
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