Terms & Conditions
Welcome to AP Race Plus. AP Race Plus is an online educational platform which delivers video content, advice, training programs and other educational content (“Services”). We cannot guarantee that any information provided is accurate and we will not be liable for any loss or damage that anyone may suffer in reliance on the information provided. Please see the disclaimers set out before each section commences. You will not be able to proceed without prior acceptance of the disclaimers on the site. The software has been created and is hosted by Sailfish Systems Limited “Sailfish Systems” in conjunction with AP Race Plus Limited “AP Race Plus”.
The following are the rules or "Terms" that govern use of the AP Race Plus website ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.
The age limits set out below are the applicable to the contract holder only. When signed up to the AP Race Plus Service you can have up to 4 viewing profiles, access to which is controlled via the contract holder. Please see section 6 for permitted use.
Country Age Requirements
Must be 18 or older, or be 13 or older and have parent or guardian consent:
Andorra, Argentina, Australia, Austria, Bahrain, Belgium, Bolivia, Costa Rica, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Greece, Guatemala, Honduras, Hong Kong, Iceland, India, Ireland, Israel, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia, Malta, Mexico, Monaco, Morocco, New Zealand, Nicaragua, Norway, Oman, Palestine, Panama, Paraguay, Philippines, Poland, Portugal, Qatar, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, UAE, Turkey, United Kingdom, Uruguay, Vietnam
Must be 19 or older, or be 13 or older and have parent or guardian consent:
Must be 18 or older, or be 16 or older and have parent or guardian consent:
Must be 18 or older, or be 14 or older and have parent or guardian consent:
Bulgaria, Colombia, Chile, Hungary, Peru, Romania
Must be 18 or older, or be 13 or older and have parent or guardian consent:
Cyprus, Italy, Lithuania, Netherlands
Must be 21 or older, or be 13 or older and have parent or guardian consent:
Must be 20 or older, or be 13 or older and have parent or guardian consent:
Japan, Taiwan, Thailand
Must be 16 or older, or be 13 or older and have parent or guardian consent:
Must be 18 or older:
Must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent:
Canada, USA, All other countries otherwise not mentioned.
1.1 What's What.
AP Race Plus’ products, features and offerings are available (a) online through https://plus.aprace.club/; and (b) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). All content on the site including ‘look and feel’ is the intellectual property of AP Race Plus and the Site and all underlying software is property of Sailfish Systems. These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms.
1.2 Who's Who.
When these Terms use the term "AP Race Plus," “AP Plus,” or “AP” that refers to the content creators AP Race Plus Limited and its subsidiaries, and each of its and their respective officers, directors, agents, partners and employees using the Services to create educational content displayed on the Services for consumers using our Services (a) to consume information about the relevant sections ("Consumers"), or (b) for any other reason. Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term “Sailfish,” “Sailfish Systems,” "Swimming Events" that refers to Sailfish Systems Limited and its subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
When we use the terms "we," "us," or "our" we refer to the collective AP Race Plus Limited and Sailfish Systems Limited.
1.3 What Else.
1.4 What the "Terms of Service" Means.
These Terms and the other documents referenced in them (including the above) comprise Our "Terms." These Terms are a legally binding agreement between you, AP Race Plus and Sailfish Systems governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services.
1.5 Changes to the agreement
Occasionally we may make changes to the Terms for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Terms, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we may notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Terms, you may terminate your account by contacting us. You will then be subject to the normal cancellation policy as outlined in the Purchase Policy.
2. Sailfish Systems’ Services and Role
2.1 What Sailfish Systems Do.
Sailfish Systems’ Services provide an online platform in which content creators (AP Race Plus) can provide content and charge Users a fee for access to such services on a flat rate or subscription basis.
2.2 How Sailfish Systems Fit In.
Sailfish Systems is not the creator or owner of the content listed on the Services unless specified. Sailfish provide hosting environment and software support for the services, this support is generally directly with AP Race Plus and not the consumer.
3. AP Race Plus’ Services and Role
What AP Race Plus Do.
AP Race Plus are the content creator and owner for the educational material on the site and any design or artwork on the site. AP Race Plus run the site on a day to day basis, providing support to Users where necessary. They are the data controllers.
4. Privacy and Consumer Information
5. Terms Termination
5.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or AP Race Plus decides it's best to part ways as described in Sections 5.2 or 5.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 5.4, certain provisions will always remain applicable to both you and AP Race Plus.
5.2 AP Race Plus may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by AP Race Plus; or (c) if allowing you to access and use the Services would violate any applicable laws, rules and regulations or would expose AP Race Plus to legal liability. AP Race Plus may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in AP Race Plus’ sole discretion, failure to do so would materially prejudice you. You agree that AP Race Plus will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
5.3 Except to the extent you have agreed otherwise in a separate written agreement between you and AP Race Plus, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and AP Race Plus governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
5.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).
6. Rights We Grant You
6.1 Unless otherwise indicated, all content, information and other materials on or in relation to the Services, including trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws to the relevant parties.
6.2 The AP Race Plus Materials are not sold or transferred to you.
6.3 Upon successful payment of the relevant fee(s) you are granted a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
6.4 You agree not to remove, obscure or alter any of the Materials appearing on the Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
6.5 If we find that you have made unauthorised use of the Materials we may terminate this licence at any time (and without notice).
6.6 Currently, multiple Users can share one account by setting up different viewing profiles using one login. User owners must meet the country age requirements as set out in these terms. This was setup was intended to help families with multiple swimmers. If we deem this is being abused, we reserve the right to restrict further the number or viewing profiles allowed and/or terminate an offending user without notice.
7. Payments, cancellations, and cooling off
You can subscribe for the Services directly from AP Race Plus by paying the relevant subscription fees as laid out on the site and within the Purchase Policy (“Subscription”).
7.2 Price Changes
AP Race Plus may change the price for the Subscriptions, including recurring subscription fees. Users will be notified about any changes in the price, via email or other notification on the site. Price changes will take effect at the start of your next subscription period following the date of the price change. Subject to any applicable laws, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your Subscription before the next billing date.
7.3 Cooling Off Period
If you make a Subscription, you may change your mind for any or no reason and receive a full refund of the Subscription within fourteen (14) days starting from the day you sign-up for the Services provided you have not viewed or streamed any content on the Site.
7.4 Renewal; Cancellation
You may choose to cancel your Sat any time, your Subscription will end after your current Subscription period ends and you will not be entitled to a refund. Renewals will be automatic, 1 month and each month thereafter following the date of initial Subscription to the Service. In the case of a yearly Subscription it will be renewed once a year following the date of Subscription.
8. User Guidelines
You agree to abide by our User guidelines and not to use the Site, the Content (as defined below), or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, AP Race Plus / Sailfish Systems grants no right, title, or interest to you in the Service or Content.
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use unless otherwise specifically authorised by AP Race Plus / Sailfish Systems to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorised by AP Race Plus / Sailfish Systems to do so. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by AP Race Plus in connection with the Services is the ("Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is your content (“User Content”).
You agree that you will not:
- Impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes;
- use the Services for any commercial or business purpose or the benefit of any third party;
- contravene any regulations or requirements of any network connected to our Services;
- disrupt or interfere with our Services or networks or servers that provide our Service;
- use virtual private networks, false email addresses or any other means to mask your identity;
- attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- disable or modify any copy protection technology used on our Services;
- not to alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services;
- collect, harvest or ‘scrape’ any data from any web pages contained in our Site;
- upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
- upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
- selling, renting, sublicensing, or leasing of any part of the Service or the Content;
- do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation;
- interfere with another user’s use and enjoyment of the Site or the Services; or
- use our Services in any other way not permitted by these Terms.
We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
9. Force majeure
AP Race Plus and Sailfish Systems shall not be in breach of the Terms nor liable for delay in performing, or failure to perform, any of their obligations under Terms if such delay or failure result from events, circumstances or causes beyond their reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of AP Race Plus or Sailfish Systems or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemics, pandemics or default of suppliers or subcontractors.
AP Race Plus does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. AP Race Plus cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. AP Race Plus / Sailfish Systems disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. AP Race Plus / Sailfish Systems will not be liable for any damages or losses of any kind arising from the use of this Site or the Services, including without limitation, direct, indirect, incidental, and punitive and consequential damages or losses.
AP Race Plus / Sailfish Systems makes no guarantee of any specific result from use of this Site or use of the Service.
AP Race Plus / Sailfish Systems disclaims any and all liability for the acts, omissions and conduct of any third-party users, AP Race Plus / Sailfish Systems users, advertisers and/or sponsors on the Site, in connection with the Service or otherwise related to your use of the Site and/or the Service. Without limiting the foregoing, you may report the misconduct of Users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to AP Race Plus via the contact page. AP Race Plus / Sailfish Systems may investigate the claim and take appropriate action, in its sole discretion.
11. Medical Disclaimers
As part of our Services you will have access to health, fitness and wellbeing information. You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You will be prompted at the start of each section with a disclaimer which you will be required to agree to before consuming any content.
You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the activity sessions on the Site. If you are a minor, you agree that your legal guardian has reviewed and agreed to the Terms.
12. Copyright Policy
We will terminate the privileges of any User who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, Users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.
13. Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. AP Race Plus / Sailfish Systems has no control over these sites or the content within them. AP Race Plus / Sailfish Systems cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. AP Race Plus / Sailfish Systems does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against AP Race Plus / Sailfish Systems for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us using the online help desk and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Please note that AP Race Plus / Sailfish Systems have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
You are solely responsible for all User Content that you post. AP Race Plus / Sailfish Systems is not responsible for User Content nor does it endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST AP RACE PLUS AND/OR SAILFISH SYSTEMS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD AP RACE PLUS AND/OR SAILFISH SYSTEMS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
14. Offline Conduct
Although AP Race Plus cannot monitor the conduct of its subscribers off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
15. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the AP Race Plus website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior express written permission of AP Race Plus.
16. Unauthorized Use of the Site
Illegal and/or unauthorised uses of the Site, including, but not limited to, unauthorised event sales, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation legal proceedings and injunctive relief.
17. Violation of the Terms
You understand and agree that in AP Race Plus / Sailfish Systems sole discretion, and without prior notice, AP Race Plus / Sailfish Systems may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorised User Content, if AP Race Plus / Sailfish Systems believes that the User Content you provided has violated or is inconsistent with these Terms violated the rights of AP Race Plus / Sailfish Systems, another User or the law. You agree that monetary damages may not provide a sufficient remedy to AP Race Plus / Sailfish Systems for violations of these Terms and you consent to injunctive or other equitable relief for such violations. AP Race Plus / Sailfish Systems may release User information about you only if required by law or court order, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. AP Race Plus is not required to provide any refund to you if your Subscription is terminated as a User because you have violated these Terms.
18. Limitation on Liability
18.1 The restrictions on liability in this clause 18 apply to every liability arising under or in connection with the Terms, and or your use of or access to the Site, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
18.2 Nothing in the Terms limits any liability which cannot legally be limited, including but not limited to liability for:
18.2.1 death or personal injury caused by negligence;
18.2.2 breach of the terms implied by Part I and Part II of the Supply of Goods and Services Act 1982;
18.2.3 any matter in respect of which it would be unlawful for either party to exclude or restrict liability.
18.3 AP Race Plus’ total liability to the User in respect of all breaches of duty occurring within any contract year shall not exceed the Cap.
18.4 In clause 18.3:
The Cap is the amount of the Subscription paid by the User in the year in which the breaches occurred; and
18.4.2 Contract year
A contract year means a twelve (12) month period commencing on the date the User pays the Subscription.
18.5 This clause 18.5 sets out specific heads of excluded loss:
18.5.1 the types of loss listed in clause 18.5.2 are wholly excluded by the parties.
18.5.2 The following types of loss are wholly excluded:
220.127.116.11 loss of profits;
18.104.22.168 loss of sales or business;
22.214.171.124 loss of agreements or contracts;
126.96.36.199 loss of anticipated savings;
188.8.131.52 loss of use or corruption of software, data or information;
184.108.40.206 loss of damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any Content or on any website linked to it.
220.127.116.11 loss of or damage to goodwill; and
18.104.22.168 indirect or consequential loss.
18.6 Unless the User notifies AP Race Plus that it intends to make a claim in respect of an event within the notice period, AP Race Plus shall have no liability for that event. The notice period for an event shall start on the day on which the User became, or ought reasonably to have become, aware of the later of the event having occurred or its having grounds to make a claim in respect of the event, and shall expire one (1) month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. You may contact AP Race Plus via the contact form on the site.
AP Race Plus, Sailfish Systems and each of their affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, the Terms do not create any right enforceable by any person who is not a party to it, but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
The Terms or any dispute arising out of or relating to the Terms or your use of or access to this Site (including non-contractual disputes and claims) are governed by English law and any disputes arising out of or in connection with the Terms or your use of or access to the Site (including non-contractual disputes and claims) are subject to the exclusive jurisdiction of the courts of England and you irrevocably submit to the jurisdiction of the courts of England.
You agree to indemnify and hold AP Race Plus / Sailfish Systems, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Sailfish Systems Limited is a company registered in England and Wales under company number 11287684, with registered office at J & S House, Unit A, Denton Drive, Northwich, Cheshire, CW9 7LU.
AP Race Plus Limited is a company registered in England and Wales under company number 12629959, with registered office at 20-22 Wenlock Road, London, N1 7GU.