Swimming South Africa Online Service - Terms of Use Agreement

Welcome to the Swimming South Africa app, the online and mobile service of Swimming South Africa. (“Swimming South Africa”, “Swim SA, “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web sites (including without limitation team, league, or other pages or applications hosted on or provided by the Swim SA platform), and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Swim SA Privacy Policy, whether or not you are a registered user of our Service. Swim SA reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

These Site Terms are not intended to alter the terms or conditions of any agreement you may have with Swimming South Africa, its subsidiaries or affiliates, such as an agreement to participate in any Swimming South Africa event. To the extent of any conflict, the terms of your agreement will prevail.


Use of Our Service


You may use the Service only if you can form a binding contract with Swim SA, and only in compliance with this Agreement and all applicable national and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Swim SA.

Service License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non- commercial use only (unless you are an Organization, as defined below) and as permitted by the features of the Service. Swim SA reserves all rights not expressly granted herein in the Service and the Swim SA Content (as defined below).

Swim SA Accounts

Your Swim SA account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We maintain different types of accounts for different types of Users, such as Clubs, Learn to Swim Schools, athletes of various aquatics disciplines, teams, associations, other organizations or entities and their representatives (“Organization(s)”), parents, technical officials, coaches, instructors, administrators, employees or volunteers. If you open a Swim SA account on behalf of a company, affiliate Organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement (and to any related agreements which you agree to on its behalf), and that you agree to this Agreement on the entity’s behalf. By connecting to Swim SA with a third-party service, you give us permission toaccess and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Swim SA immediately of any breach of security or unauthorized use of your account. You agree that Swim SA will not be liable for any losses caused by any unauthorized use of your account or of any password you create for your account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Swim SA with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page; provided that you may not opt-out of Service-related e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Swim SA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently ortemporarily terminate or suspend your access to the Service or to any features of the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Swim SA Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Swim SA shall have no liability for your interactions with other Users, or for any User’s action or inaction.


Swim SA cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Material

The Service may contain links to third-party websites or information about third parties, such as advertisers, affiliate Organizations, or their respective services, special offers, or other events or activities that are not owned or controlled by Swim SA. Swim SA does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services, including without limitation those embedded within Organization pages hosted on the Service. Without limiting the generality of the foregoing, Swim SA shall not be responsible for the completeness or accuracy of any information hosted or provided by any third party sites or for deleting any such information. If you access a third party website or content from the Service, you do so at your own risk, and you understand that this Agreement and Swim SA’s Privacy Policy do not apply to your use of such sites or services. You expressly relieve Swim SA from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with third parties such as advertisers or other Users found on the Service or participation in their promotions or activities, including without limitation payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that Swim SA shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including without limitation in relation to your participation in any activities of Organizations or the participation of any User in connection with such activities).

User Content

Some areas of the Service allow Users to post or submit content such as profile information, biographical information, text, pictures, comments and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service or to Swim SA is “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Swim SA has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person orproperty; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is incorrect and current or (ix) violates any team, league, or other applicable policy. You agree that, and represent and warrant that, any User Content that you post, and Swim SA’s use thereof as contemplated by this Agreement and the Service, does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Swim SA reserves the right, but is not obligated, to reject and/or remove any User Content that Swim SA believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

(i) You are solely responsible for obtaining all consents as may be required by law to collect or submit any User Content (including without limitation any personally identifiable information such as biographical information) relating to third parties;

(ii) If you are an affiliate Organization that uses Swim SA to perform Services on your behalf, you agree that you shall post, and are solely responsible for posting, all applicable privacy policies or notifications on your site, including instances in which your site is hosted or maintained by Swim SA, and for making all appropriate disclosures to visitors to the site, and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as Swim SA; and

(iii) If you are an affiliate Organization that uses Swim SA to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with Swim SA or hosted on Swim SA’s servers certain types of personal information that could trigger breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, identification numbers, driver’s license numbers, bank account or credit card numbers, unless such information is provided to Swim SA in a system specifically designed to protect and store such information. If such information is shared with Swim SA or hosted on Swim SA’s servers in a manner that Swim SA deems to be insecure, Swim SA has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers breachnotification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.

(iv) Swim SA may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Swim SA takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Swim SA shall not be liable for any damages you allege to incur as a result of User Content. You understand that Organizations are solely responsible for their independent data practices and their use or distribution of User Content or any other information or data obtained via the Service.

User Content License Grant

By posting any User Content on the Service or otherwise submitting User Content to Swim SA, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Swim SA a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, and/or likeness as contained in your User Content, in accordance with your settings and this Agreement, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Swim SA’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Copyright Infringement Notice

Swimming South Africa provides certain information (“the Content”) on the Website. Content currently or anticipated to be displayed at this Website is provided by Swimming South Africa, its affiliates or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Swimming South Africa, its affiliates or any other third party owner of such rights (“the Owners”), and is protected by South African and International copyright laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

Since we respect content owner rights, it is Swim SA’s policy to respond to alleged infringement notices that comply with the Copyright Act 98 of 1978.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Swim SA. For your complaint to be valid, you must provide the following information in writing:

i. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

ii. Identification of the copyrighted work that you claim has been infringed;

iii. Identification of the material that is claimed to be infringing and where it is located on the Service;

iv. Information reasonably sufficient to permit Swim SA to contact you, such as your address, telephone number, and, e-mail address;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

vi. A statement, made under oath, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following address:

Attn: Copyright Infringement Notice
Swimming South Africa.

Johannesburg Stadium
North Wing Ground Floor
124 Van Beek Street
New Doornfontein

Email: service@swimsa.org

In accordance with the Copyright Act and other applicable law, Swim SA has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Swim SA may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in South Africa. In addition, if you are, or represent, an affilaiate Organization, to the extent you or your Organization shares with any third party data that is collected by or stored on the Service, you represent and warrant that you have all required consents to collect and share such data with such third parties.

Consumer protection act, protection of personal information act and other laws

If this Privacy Policy or any provision in this Privacy Policy is subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIAor such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are adhered to.

No provision of this Privacy Policy:

  1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
  2. requires You to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
  3. limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

Our Rights

Swim SA Content

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Swim SA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Swim SA and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Swim SA Content. Use of the Swim SA Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products, and requests for improvements to the Service may be contained in an order form, statement of work, or otherwise (collectively, “Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Swim SA under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Any improvements made to the Service as a result of any Idea will be solely owned by Swim SA. You further acknowledge that, by acceptance of your submission, Swim SA does not waive any rights to use similar or related ideas previously known to Swim SA, or developed by its employees, or obtained from sources other than you.

Swim SA Data

Certain aspects of the Service may allow you to obtain, view or access certain facility, training, team, or player statistics or records, fictional property representing real-world or virtual achievements, orto access other data or information which has been provided by other User(s) or developed by Swim SA (“Swim SA Data”). You understand and agree that regardless of terminology used, Swim SA Data represents a limited license right governed solely by the terms of this Agreement and available for distribution at Swim SA’s sole discretion. Swim SA Data is not redeemable for any sum of money or monetary value from Swim SA at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Swim SA on Swim SA servers, including without limitation any data representing or embodying any or all of your Swim SA Data. You agree that Swim SA has the absolute right to manage, regulate, control, modify and/or eliminate Swim SA Data as it sees fit in its sole discretion, in any general or specific case, and that Swim SA will have no liability to you based on its exercise of such right. All data on Swim SA’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Swim SA’s servers, may be deleted, altered, moved or transferred at any time for any reason in Swim SA’s sole discretion, including at the request of another user or other third party, with or without notice and with no liability of any kind. Swim SA does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, and attributed to any data residing on Swim SA’S servers.

Trademarks and publicity

Swimming South Africa trademarks, the Swimming South Africa logo, and any other product, event, or service name or slogan contained on the Site are trademarks of Swimming South Africa and its suppliers or licensors, and may not be copied, imitated, or used, whether in whole or in part, without the prior written permission of Swimming South Africa or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Swimming South Africa" or any other name, trademark or product or service name of Swimming South Africa without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Swimming South Africa and may not be copied, imitated or used, whether in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Payment Processing Services

If you or an Organization that you represent signs up for any aspect of the Service by which Swim SA facilitates the processing of payments Users make to such Organization by credit card or debit card, you acknowledge that Swim SA contracts with various third parties, such as banks and payment processors, to facilitate such payment processing.


You agree to defend, indemnify, and hold harmless Swim SA and its agents, licensors, managers, and affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, such as your failure to obtain any necessary consents for submission of User Content or other information to the Service or to Swim SA; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; (vii) your involvement with or participation in any Organizations’ activities (if applicable); (viii) in the case of an Organization, any other User’s involvement with you or participation in your activities (if applicable); Your obligations under this section will survive termination of this Terms of Use Agreement.

No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Swim SA or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Swim SA, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Swim SA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Swim SA service or any hyperlinked or embedded website or service (including without limitation those offered by other users, such as organizations), and Swim SA will not be a party to or in any way monitor any transaction between you and third- party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Swim SA, its affiliates, agents, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Swim SA be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Swim SA assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Swim SA has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in South Africa. Swim SA makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African laws and regulations, including but not limited to export and import regulations.

Governing Law

This Website is controlled, operated and administered by Swim SA from its offices as set out below within the Republic of South Africa. Swim SA makes no representation that the content is appropriate or available for use in any other locations or countries. Access to the Service from territories or countries where the Content is illegal, is prohibited. The User may not use this Service in violation of South African export laws and regulations. If the User accesses this Service from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Gauteng Provincial Division of the High Court, in the event of any dispute.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

Disputes & Arbitration

Informal Dispute Resolution

If any dispute, difference or claim (“Dispute”) shall arise between Swim SA and Users of the Service, out of or in relation to or in connection with the Service, including, but not limited, any question regarding the existence, validity, performance, breach, interpretation, application, expiry or termination or as a result of the withholding of any consent or agreement required in terms of the Service agreement, both while in force and after its expiry or termination, the party claiming such dispute shall forthwith advise the other Party in writing thereof. Within 5 (five) calendar days (orsuch lesser period as may be reasonable, in the event of any Disputes of a technical nature) of receipt of such notice, the parties (as well as any relevant appointed Third Party) shall meet and negotiate in good faith in order to resolve such Dispute within a period of 10 (ten) calendar days.


Should the Parties fail to resolve a Dispute within the period stipulated or such longer period as they may agree, the Dispute shall be resolved in terms of the provisions set out below, save in respect of those provisions of this Agreement which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any Dispute arising from or in connection with this Agreement will be finally resolved by arbitration as follows:

the arbitrator shall be if the question in issue is -

  1. primarily an accounting matter an independent accountant agreed upon between the Parties;
  2. primarily a legal matter, a practising advocate with no less than 10 (ten) years standing agreed upon between the Parties;
  3. any other matter an independent person agreed upon between the Parties.

The Party calling the Dispute (“the referring Party”) shall nominate in writing, 3 (three) arbitrators of its choice to determine the Dispute and shall furnish such nomination to the other Party. The other Party shall, within 14 (fourteen) days after receipt of the nomination, nominate 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator. In the event that the other Party fails to nominate or fails to agree on the arbitrator to be appointed as contemplated herein, then an independent party nominated by the referring Party shall, in its sole discretion, be requested to appoint 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator as contemplated herein and the Parties hereby accept such appointment as binding between them;

The arbitration shall be held in Johannesburg.

The arbitration shall otherwise be held in accordance with the rules and in accordance with the formalities and procedures as agreed between the Parties upon the appointment of the arbitrator, and if no such agreement has been reached, as settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and the provisions of the Arbitration Act, 1965;

the arbitrator shall be entitled to:

  1. investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with any matter referred to him for decision;
  2. make such award, including an award for specific performance, an interdict, damages or a penalty or the costs of arbitration or otherwise as he in his discretion may deem fit and appropriate; and

The arbitration shall be held as quickly as possible after it is demanded, with a view to it being completed within 30 (thirty) days after it has been so demanded.

This clause will be severable from the rest of this Agreement so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of this Agreement.

Neither Party shall be entitled to withhold performance of any of their obligations, in terms of this agreement, pending the settlement of, or decision in, any Dispute arising between the Parties, and each Party shall in such circumstances continue to comply with their obligations in terms of this Agreement.



This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Swim SA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

Swim SA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Swim SA in our sole discretion. Swim SA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Swim SA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Swim SA may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Swim SA in connection with the Service, shall constitute the entire agreement between you and Swim SA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Swim SA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.


Please contact us at service@swimsa.org with any questions regarding this Agreement. This Agreement was last modified on January, 25 2022.