Terms of service

Welcome to onewith!

 

onewith is owned and operated by 1W LLC.

These are the terms and conditions for:

https://onewithswim.com

 

(Hereby “onewith”).

 

The following terms and conditions apply to the website, products and services offered by onewith. This includes the mobile and tablet versions as well as any other version of onewith accessible via desktop, mobile, tablet, social media or other devices.

The use of the website and the purchase of the products (hereinafter referred to as "Products") from such website, means that you agree to these terms and conditions as set out below (hereinafter referred to as "Terms").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS. 

 

1. ELIGIBLITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

Website access and products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody.  

By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

You represent and warrant that your use of the platform does not violate any applicable law or regulation. onewith may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

 

2. ACCOUNT 

If you register on the website, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify onewith of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from onewith. onewith will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing onewith with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers. 

The users may terminate their accounts any time, for any reason, by following the instructions on onewith. That termination will only result in the deletion of the account and the deletion of all the personal data granted to onewith.

onewith reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if onewith believes that you have breached any of these terms, furnished onewith with false or misleading information, or interfered with use of the website or the service by others.

 

3. SHOPPING ON THE WEBSITE

When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Please check correctly the sizes, variants (colors, styles, etc.) and features of the products before placing an order. 

When a customer places an order, onewith will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order. 

onewith may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.

All new orders are considered separately and each is treated individually.

 

4. PRICES

onewith reserves the right to determine the price for the products. The price of the product and its different variants will be available on each product page. Product prices and shipping costs are subject to change at any time according to the value of exchange rates.

onewith will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.

Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.

 

5. PAYMENTS

Products can be paid through the following payment methods or platforms:

  • Credit/debit card (Stripe)
  • PayPal
  • Amazon pay
  • Shopify Payments

The customer must pay the price of the product as stipulated on the order before the product is shipped and delivered to the customer. Payment will be debited from your credit/debit card or PayPal account immediately on you placing the order for the product or products you have purchased. Users will be able to pay for products through After Pay installments. If you select this payment method you will be redirected to the After Pay checkout where you will have to select the installments and the payment method. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.  

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. onewith reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.

 

6. PRODUCT DESCRIPTIONS

onewith attempts to be as accurate as possible. However, onewith does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.

 

7. DISCLAIMER

By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content.  You agree that onewith has not guaranteed the results of any actions taken, advised or not advised by this website or the content in the eBooks. onewith provides resources and content for entertainment purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond onewith’ control.

 

 

8. COPYRIGHT

All materials on onewith, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by onewith or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on onewith are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without onewith prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize onewith or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

 

9. COPYRIGHT COMPLAINTS 

onewith respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any materials provided on or in connection with the “onewith” website infringe upon your copyright or other intellectual property right, Please send us your request through our contact information, with the following information:  

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  • A statement specifically identifying the location of the infringing material, with enough detail that onewith may find it on the “onewith” website.  Please note: it is not sufficient to merely provide a top-level URL.
  • Your name, address, telephone number and e-mail address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

10. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to onewith by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.

 

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

 

  • Deep-link to any part of our website for any purpose without our express written permission;

 

  • "Frame", "mirror" or otherwise incorporate any part of the Services into any other website or service without our prior written permission;

 

  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by 1080 London in connection with the website and the services

 

  • Evade, disable or otherwise interfere with security-related features of the Services or features which prevent or restrict the use or copying of any content.

 

 

11. THIRD PARTIES

Through your use of the “onewith” website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where “onewith” provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that onewith are in no way responsible or liable for any such third-party sites.

 

 

12. INDEMNIFICATION

You agree to defend and indemnify onewith and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Product purchase.

 

13. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by onewith for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

 

14. CHANGES AND TERMINATION

We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

 

15. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

 

16. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by onewith, shall constitute the entire agreement between you and onewith concerning and governs your use of the website.

 

17. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the website shall be settled by binding arbitration between you and onewith, except that each party retains the right to bring an individual action in a court of competent jurisdiction.

 

18. FINAL PROVISIONS

These conditions are governed by the USA laws. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

19. CONTACT INFORMATION

If you have questions or concerns about these Terms or the products, please contact us by emailing:

 

20. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

onewith (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [here] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that onewith and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@onewithswim.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Darien, Connecticut before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which onewith’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

info@onewithswim.com