Menu
Menu
Effective Date: 1st December 2024
1. Introduction
1.1 This website is managed and operated by Winchester Consultancy Limited. Our company details are provided at the conclusion of this document.
2. Definitions
2.1 The following capitalized terms shall have these meanings within these terms and conditions:
a) "Content" – all types of information (such as profiles, images, photos, videos, posts, messages, etc.) that are published, stored, or shared in relation to our Service.
b) "Member" – an individual who has registered to use our Service, whether they hold a subscription or not.
c) "Service" – our website, the services we provide through our website, as well as any associated software and services.
d) "User" – any individual who uses the Service, whether registered or not.
3. Application of Terms and Conditions
3.1 Please review these terms and conditions carefully, as they supersede any prior versions. By registering for or using our Service, you agree to comply with these terms and conditions, which are provided solely in English.
4. Modifications to Terms and Conditions
4.1 We may revise these terms and conditions by posting an updated version on our website. Continued use of our Service after the effective date of any changes constitutes your acceptance of the revised agreement.
4.2 If you hold a subscription and do not agree to substantial changes (excluding minor updates or changes required by applicable laws or regulations), you may terminate your subscription by notifying us via this form. If so, we will refund any prepayments that apply to the period following your cancellation.
5. Formation of Contract
5.1 By registering on our Service, you are offering to enter a legally binding contract with us for membership of our Service. A binding contract is formed if we accept your membership, which we may do at our discretion. Any subscriptions you undertake are also part of this contract and are subject to the terms and conditions in effect at that time.
6. Right to Cancel (“Cooling-Off Period”)
6.1 If you reside within the European Economic Area, you have the right to cancel this contract as outlined below.
Right to Cancel
6.2 You have the right to cancel this contract within 14 days without providing any reason.
6.3 The cancellation period will expire 14 days from the date the contract is concluded.
6.4 To exercise your right to cancel, please inform us using this contact form.
6.5 To ensure your cancellation is effective, please send your communication regarding the cancellation before the 14-day period expires.
Effects of Cancellation
6.6 If you cancel this contract, we will refund all payments received from you.
6.7 This reimbursement will be processed promptly and within 14 days of receiving your cancellation notice.
6.8 Refunds will be issued using the same payment method you used for the initial transaction, unless you expressly agree to an alternative. You will not incur any fees for this reimbursement.
6.9 If you requested that we begin providing services during the cancellation period, you will be required to pay for the services provided up until your cancellation, proportional to the full scope of the contract.
7. Right to Use Our Service
7.1 We grant you a limited, personal, and non-transferable right to use our Service on any compatible device that you own or control, in accordance with these terms and conditions.
8. Eligibility to Use Our Service
8.1 You may not use or attempt to register for our Service if:
a) You are under 18 years of age;
b) Accessing or viewing any part of this Service is prohibited by the laws of your country (e.g., if the country prohibits such services or restricts access based on age);
c) You have been convicted of any offense or are subject to any court order related to assault, violence, sexual misconduct, harassment, or dishonesty. Any violation of this clause constitutes a serious breach of this agreement.
8.2 Access to our Service is restricted to approved members only. We reserve the right to deny membership at our discretion.
9. Acceptable Use of Our Service
You agree not to engage in the following activities in connection with the Service:
a) Engage in any illegal activity;
b) Publish, share, or behave in a way (including linking or referencing external content) that:
- Is illegal, defamatory, threatening, harassing, invasive of privacy, racist, hateful, discriminatory, abusive, or misleading; - Violates any intellectual property rights or other rights of others; - Involves phishing, scamming, or similar activities; - We reasonably deem inappropriate;
c) Impersonate any person or entity with the intent to mislead;
d) Publish or send content that links to third-party websites that are unlawful or contain inappropriate material;
e) Sell access to the Service;
f) Use the Service to offer a competing service to third parties;
g) Sell advertising, sponsorship, or promotions related to your Content;
h) Use the Service for junk mail, spam, pyramid schemes, or fraudulent schemes;
i) Engage in activities that disrupt the Service, such as introducing viruses, malware, or sending bulk messages;
j) Negatively impact the experience of other Users;
k) Attempt unauthorized access to any part of the Service or its infrastructure;
l) Use our Service to provide, or offer any commercial service without our explicit written permission;
m) Use automated methods to interact with our systems, except for public search engines; or
n) Attempt, encourage, or assist in any of the above activities.
9.2 You must adhere to all rules and guidelines on our website.
9.3 You must comply promptly with any reasonable instructions from us regarding your use of the Service, including age verification or other checks as necessary.
10. Your Content
10.1 You are solely responsible for the Content you upload, publish, or send.
10.2 You affirm that you hold and will maintain all rights and permissions necessary to use your Content as intended under these terms and conditions.
10.3 Your profile and any other Content must remain complete, accurate, and truthful, and you must promptly update it as necessary.
10.4 You must not publish or send any Content that:
a) Depicts any person under 18 (or the higher age of consent in certain countries); or
b) Allows any person under 18 to be identified or contacted (e.g., by name, address, or email).
10.5 For individuals over 18 (or the applicable age of consent), you may not publish or share Content (including images) that could identify them unless you have obtained their explicit written consent to be included in the Content and their agreement to our privacy and cookies policy.
10.6 We reserve the right, without notice or refund, to reject, suspend, alter, remove, or disclose Content to the authorities if it is the subject of a complaint, if we believe it violates these terms, if you fail to provide consent documentation, or where required by law.
10.7 You are responsible for deciding which Content to share and accept the risk of potential misuse by others outside our control. Avoid publishing any Content if you are concerned about its misuse.
10.8 It is your responsibility to back up any Content stored within the Service to protect against potential loss or damage. We are not liable for any loss or damage of such material.
10.9 We reserve the right to display advertisements adjacent to or within your Content. We retain all revenues from these advertisements.
10.10 If this contract ends, we may permanently delete all of your Content. You should back up any Content you wish to keep.
10.11 Any Content you publish should only serve the purpose of engaging or interacting with other Members; it should not be shared through our platform for any other purpose.
10.12 You must not publish or share Content featuring other individuals unless you:
a) Confirm that they are aware of your Freeswingers username and have provided their written, signed consent to appear in the Content and have it publicly displayed on Freeswingers, with potential for downloading by other Users;
b) Confirm that they are adults (18+) by verifying their age through documentation.
You agree to securely store these signed consents and age verification documents and provide them immediately if requested by us.
11. Other Users and Their Content
11.1 User Verification
We may, at our discretion, conduct verification checks on users, but we do not guarantee their accuracy or endorse any users, profiles, or content, even if a user appears as verified. All interactions with other users are at your own risk. It is your responsibility to thoroughly investigate any user or content before engaging with it.
11.2 Inappropriate Content
While using the Service, you may come across inappropriate content or behavior. Please report such instances by clicking the "Report Profile" link adjacent to the relevant profile. If necessary, contact law enforcement or discontinue use of the Service.
11.3 Safety Precautions
When meeting others through our Service, take appropriate safety measures as per any safety guidelines available on our platform. We do not assume responsibility for any incidents occurring during such meetings, which are undertaken at your own risk.
12. Third-Party Services / Advertising / Websites
12.1 Third-Party Content
Our Service may display third-party advertisements, services, or links to external websites. We do not endorse, nor are we legally responsible for, these external sites or services. Engaging with third-party content is entirely at your own risk.
13. Guidance
13.1 Accuracy of Guidance
Any general information or guidance provided on our Service may not be fully accurate or current. Before acting on any guidance, you must verify its relevance and suitability for your purposes.
14. Your Account
14.1 Account Security
Your account is for personal use only and is non-transferable. Do not permit anyone else to use your account, and take all reasonable steps to protect your password and other account information. Notify us immediately if you suspect any security breach, such as loss or unauthorized use of your password. You are responsible for any third-party use of your account, unless it results directly from our actions.
15. Payments and Upgrades
15.1 Optional Premium Features
Some parts of our Service are free to use; however, specific premium features are available only through upgrades. Users can purchase these upgrades at the listed rates, for the specified durations, and via the available payment options. Payments are required in advance, and unless otherwise indicated, prices shown include applicable VAT.
16. Service Availability and Operations
16.1 Service Continuity
We do not guarantee uninterrupted or flawless operation of the Service. We retain the right, without prior notice or liability, to (a) suspend Service operations for maintenance, updates, improvements, or other technical reasons and (b) modify the Service as needed. If there is an interruption, users with active premium status will receive an extension equivalent to the downtime period.
17. Termination, Suspension, and Restrictions
17.1 User-Initiated Termination
Users may discontinue this agreement at any time by deleting their account according to the directions provided on our Service platform. (Please note that account deletion does not entitle the user to a refund unless they qualify under applicable “cooling-off” rights as previously outlined.)
17.2 Discretionary Termination by Us
We may terminate this agreement at any time, with or without notice, for any reason. In such cases, a full refund of any prepaid fees covering the period beyond the termination date will be issued.
17.3 Termination of Service as a Whole
We reserve the right to terminate the Service entirely at any time, with or without prior notice and without a refund, if the Service is discontinued.
17.4 Suspension or Limitation of User Access
We reserve the right to terminate this agreement, restrict access, or suspend Service features for a user (with or without notice) if any of the following occurs:
If termination occurs, you may request a refund for any remaining subscription period after the termination, provided you send a formal letter to our registered office. Refunds do not apply to any period of suspension or restriction. Restrictions may include limitations on accessing or posting in forums, chat areas, and community reviews.
17.5 Consequences of Contract Termination
Upon contract termination, the user’s rights to use our Service and related licenses end. We retain the right to delete all user-generated content. Termination does not affect any existing legal rights or obligations. Provisions in this contract intended to survive termination will continue to apply. Users are prohibited from re-registering or attempting to use the Service after receiving notice of termination, suspension, or restriction unless lifted by us.
18. Liability
18.1 Exclusions on Liability
Nothing in this agreement restricts or excludes our liability for death, personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be legally excluded or limited. All references to "we" in this section include our employees and agents.
18.2 Limitations on Our Liability
Our liability for loss or damage caused by us, our employees, or agents is limited to circumstances where:
18.3 User Liability for Damages
You are responsible for reasonably foreseeable loss or damage suffered by us due to any breach of this agreement or misuse of our Service on your part, provided we have taken steps to limit the damage.
19. Intellectual Property Rights
19.1 Ownership of Materials
All intellectual property rights associated with any materials used in connection with our Service are held by us or other Users. You are permitted to view such materials on your device solely for personal use. Any other usage, including copying, selling, adapting, or extracting content, requires our explicit prior written consent.
19.2 Restrictions on Content Use
It is important to note that you must not collect, scrape, harvest, frame, or deep-link to any content on our Service without our explicit prior written consent.
19.3 Security Compliance
You must not bypass or interfere with any security features of the Service or any features that restrict the copying or use of content.
20. Privacy Policy
20.1 Processing Personal Information
You acknowledge and agree that we may handle your personal information in accordance with our privacy and cookies policy, which is subject to modifications from time to time.
21. Force Majeure
21.1 Liability Limitations
We are not responsible for any failure to fulfill or delays in fulfilling our obligations under this agreement if such failure or delay results from circumstances beyond our reasonable control, including third-party telecommunications failures.
22. Assignment of Rights
22.1 Transfer of Rights and Responsibilities
We may assign all or part of our rights or obligations under this agreement, provided we take reasonable measures to protect your rights. Since this agreement is personal to you, you may not transfer any of your rights or obligations without our prior written consent.
23. Governing Law
23.1 Applicable Law
This agreement is governed by English law, and any disputes will be resolved exclusively by the courts of the United Kingdom. You may also be entitled to use an EU online dispute resolution service for any contractual disputes, available at http://ec.europa.eu/consumers/odr/.
24. General Provisions
24.1 Notices and Headings
We may deliver all notices related to this agreement via email to your most recent provided email address or through Private Mail on the site. The headings in this agreement are for reference only and are not legally binding. A failure by either party to assert any right or provision does not constitute a waiver of that right. If any portion of this agreement is deemed ineffective or unenforceable, the remainder will still be in effect. Individuals who are not parties to this agreement have no rights to enforce its terms, except as explicitly stated otherwise. The parties are independent contractors, and nothing in this agreement establishes either party as the agent, employee, or representative of the other.
25. Complaints Procedure
25.1 Addressing Complaints
If you have any complaints, please reach out to us using the provided contact form.