Terms of Use & Booking Terms

1. About Sweatt

These Terms of Use and Booking Terms ("Terms") govern your access to and use of the Sweatt website, any Sweatt mobile application, related digital services, communications and booking functionality (together, the "Platform").

The Platform is owned and operated by Immortelle Technologies Limited, a company incorporated in Trinidad and Tobago, trading as "Sweatt" ("Sweatt", "we", "us" or "our"). Company number: C2026052300006. Contact: [email protected].

By creating an account, accessing the Platform, making or joining a booking, purchasing a membership or pass, or otherwise using any Service, you agree to these Terms. If you do not agree, do not use the Platform.

2. Important role of Sweatt

Sweatt operates a technology and booking marketplace that helps users discover, book, join and pay for sports, fitness, wellness, recreational and related activities offered by independent venues, coaches, instructors, clubs, organisers and other providers ("Providers").

Unless expressly stated otherwise for a particular offering:

• Sweatt is not the owner, operator, employer, agent, partner or insurer of a Provider;
• Sweatt does not itself provide the booked activity, premises, equipment, instruction, supervision, transportation or medical care;
• the contract for the underlying activity is between the user and the relevant Provider;
• the Provider is responsible for the accuracy of its listing, availability, pricing, qualifications, licences, insurance, staffing, premises, equipment, safety procedures and performance of the activity; and
• Sweatt remains responsible for operating the Platform, collecting or facilitating payments as described, and providing customer support relating to Platform transactions.

Nothing in these Terms excludes responsibilities that cannot lawfully be excluded.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create an account or make a booking. A person under 18 may use a booking only with the permission and supervision required by the Provider and applicable law. Where the user is under 18, Sweatt assumes permission was granted for engagement in the booked activity and usage of payment facilities by his/her legal guardian.

Where an adult books for a minor, that adult confirms that he or she is the minor's parent or legal guardian, or has the parent or guardian's authority, and accepts these Terms on the minor's behalf. Providers may impose higher minimum ages or require additional consent forms.

4. Accounts and security

You must provide accurate, current and complete information and keep it updated. You are responsible for all activity occurring through your account, except to the extent caused by Sweatt's own security failure.

• Keep passwords, passkeys, verification codes and devices secure.
• Do not share an account in a way that misrepresents the identity of a participant.
• Notify us promptly at [email protected] if you suspect unauthorised access.
• We may require email, telephone, identity, payment or anti-fraud verification.
• We may suspend access while investigating suspected fraud, abuse, chargebacks or security incidents.

Biometric authentication offered by a device, such as Face ID or Android biometric authentication, is controlled by the device and operating-system provider. Sweatt should not receive or store the underlying biometric template; it receives only an authentication result or credential.

5. Platform categories

Listings may be presented under categories such as "Book", "Join" and "Train". Labels are intended to help discovery but do not alter the Provider's responsibility for the offering.

• Book: reserve a defined resource, venue, court, room, appointment or private session.
• Join: reserve a place in a scheduled group activity, open play, class, run, hike, event or community session.
• Train: reserve coaching, instruction, a programme, course, assessment or recurring training service.

6. Listings and availability

Providers control their listings and ordinarily determine schedules, capacity, participation requirements, prices, inclusions, restrictions and cancellation terms. Sweatt may review, format, rank, moderate, pause or remove listings but is not required to independently verify every listing.

Availability shown on the Platform may change before checkout. A booking is not confirmed until the Platform displays confirmation and, where payment is required, payment authorisation or another accepted payment arrangement has succeeded.

Where a Provider also uses another booking system, calendar or channel, technical delays or conflicting reservations may occur. In that event, the Provider must promptly offer a reasonable remedy, which may include rescheduling, account credit or refund of the affected activity price.

7. Booking for others and group bookings

A user may book for other participants only where authorised to do so. The booking user must communicate all material conditions, safety information and Provider rules to each participant and is responsible for ensuring that participant information is accurate.

For split or group payments (if available), each participant may be responsible for his or her own portion. Unless the checkout expressly states otherwise, the booking may remain unconfirmed, partially confirmed or subject to cancellation until the required total is paid. The organising user must not collect or redistribute money through Sweatt in a misleading, unlawful or commercial manner.

8. Prices, service fees and taxes

Prices are displayed in Trinidad and Tobago dollars unless the Platform expressly states otherwise. The checkout will show the activity price, Sweatt service or booking fee, applicable taxes, discounts, credits and total payable before confirmation.

Sweatt's service fee is consideration for use of the Platform and related booking services. It may be calculated as a percentage, fixed amount or tiered amount and may vary by offering, Provider, price, promotion, membership or payment method. The fee applicable to a transaction is the fee disclosed at checkout.

Providers are responsible for setting lawful activity prices and for taxes arising from their supply. Sweatt is responsible for taxes on its own fees where applicable. We may collect, report, deduct or remit amounts where law or a competent authority requires us to do so.

9. Payments

Payments may be processed by one or more independent payment processors, acquiring banks, card networks, mobile-money providers or other financial institutions ("Payment Partners"). By submitting payment details, you authorise Sweatt and the relevant Payment Partner to process the transaction, perform fraud screening, store a payment token where you request saved payments, and make refunds or adjustments in accordance with these Terms.

Sweatt should not store full card numbers or card security codes where processing is handled through a compliant hosted payment service. Payment credentials may be tokenised and retained by the Payment Partner.

• A temporary authorisation hold may appear before settlement.
• A failed or reversed payment may cause a booking to be cancelled.
• Banks or card issuers may charge separate fees for which Sweatt is not responsible.
• We may correct an obvious pricing or technical error before performance and offer cancellation with a refund.
• We may retry a payment where you have authorised recurring or instalment billing and the initial attempt fails.
• You must not use a payment method without the owner's permission.

Unless clearly described as a stored-value or wallet product authorised under applicable law, Sweatt credits are promotional or contractual booking credits only. They are not deposits, bank accounts, cash equivalents or electronic money; are not redeemable for cash; are non-transferable; may have an expiry date disclosed when issued; and may be restricted to designated Providers or programmes.

10. Provider payouts

Where Sweatt collects the full booking amount, it may receive funds on behalf of a Provider and later remit the Provider's share after deducting agreed fees, refunds, chargebacks, taxes, reserves or other authorised amounts. Receipt by Sweatt or its Payment Partner generally satisfies the user's payment obligation to the Provider for that booking, subject to payment being successfully settled and not reversed.

Sweatt may delay a Provider payout where reasonably necessary to investigate fraud, disputes, chargebacks, legal compliance, non-performance, safety concerns or breach of Partner Terms.

11. Cancellations, rescheduling, refunds and no-shows

The cancellation terms shown on the listing and at checkout form part of the booking. The separate Sweatt Refund, Cancellation, No-Show and Rescheduling Policy also applies.

• User cancellation: any refund or credit depends on the disclosed cancellation window and conditions.
• Provider cancellation: the user will ordinarily receive a full refund of the activity price and in some cases, any Sweatt fee attributable solely to the cancelled booking, unless the user accepts a reschedule or credit.
• No-show or late arrival: no refund is generally due unless the listing states otherwise or law requires it.
• Weather or force majeure: the Provider may reschedule, relocate, issue credit or cancel, depending on safety and feasibility.
• Service fees: a disclosed service fee may be non-refundable after a valid booking is completed or where the user cancels, except where law requires otherwise or the policy expressly provides a refund.
• Processing fees: card or bank processing costs may be non-refundable only where this was clearly disclosed and lawful.

Refunds are normally made to the original payment method. Processing time depends on the Payment Partner and issuing institution. Sweatt may issue account credit only where the user agrees or where the original promotional terms provide for credit.

12. Memberships, passes and recurring payments

A membership, package or pass may be supplied by Sweatt, by a Provider, or jointly. The checkout must identify the supplier, included uses, excluded offerings, expiry, renewal terms, minimum commitment, pause rights and cancellation process.

For an automatically renewing product, you authorise recurring charges at the disclosed interval until cancelled. We will provide any notice required by law before a material price change or renewal. Cancellation stops future renewals but does not automatically refund a current period that has begun, except where required by law or the specific offer.

Provider memberships remain subject to Provider capacity, operating hours, rules, closures and continued participation on Sweatt.

13. Promotions, referral benefits and employer credits

Promotional codes, referral rewards, employer-funded credits and other benefits:

• may have eligibility, usage, Provider, employee, geographic, booking or expiry restrictions;
• have no cash value and may not be sold, transferred, combined or fraudulently obtained;
• may be reversed if a qualifying booking is cancelled, refunded, charged back or found to be abusive;
• may be suspended where an employer, sponsor or programme administrator stops funding the programme; and
• may require Sweatt to share usage and aggregated programme information with the funding organisation as explained in the Privacy Notice.

Sweatt will not disclose detailed health information to an employer merely because the employer funds credits, unless the individual expressly directs it or law requires it.

14. Provider rules and participation requirements

You must comply with reasonable Provider rules, including check-in procedures, clothing, footwear, equipment, skill, age, conduct, sobriety, health, waiver and safety requirements. A Provider may refuse or end participation where reasonably necessary for safety, misconduct, non-payment, ineligibility or disruption. Refund eligibility will depend on the circumstances and applicable policy.

15. Health, fitness and assumption of ordinary activity risks

Sports, exercise, wellness and recreational activities involve risks, including falls, collisions, overexertion, equipment failure, environmental exposure, travel risks, illness, serious injury, disability and death. You are responsible for deciding whether an activity is suitable for you and for obtaining medical advice where appropriate.

You must disclose material health or accessibility information directly to the Provider where necessary for safe participation. Sweatt does not provide medical advice, diagnose conditions, certify fitness, or guarantee that any activity is safe or appropriate for a particular person.

Nothing in these Terms excuses a Provider or Sweatt from liability that cannot lawfully be excluded, including liability arising from fraud or any duty that applicable law makes non-excludable.

16. Emergencies and incident reporting

In an emergency, contact the relevant emergency service and Provider first. Sweatt is not an emergency-response service. Users and Providers should report serious safety incidents, injuries, harassment, suspected criminal conduct or significant property damage to [email protected] as soon as reasonably possible.

We may preserve and disclose relevant account, booking, payment, location, message and incident information to emergency services, insurers, legal advisers, regulators or law-enforcement authorities where lawful and reasonably necessary.

17. Reviews, messages and user content

You may submit reviews, photographs, profile information, messages, reports and other content ("User Content"). You retain ownership but grant Sweatt a worldwide, non-exclusive, royalty-free licence to host, reproduce, format, display, distribute and use that content for operating, securing, improving and promoting the Platform, subject to the Privacy Notice and any settings offered.

You must not submit content that is false, defamatory, discriminatory, threatening, sexually exploitative, invasive of privacy, infringing, fraudulent, promotional spam, unrelated to a genuine experience, or otherwise unlawful.

Reviews must reflect genuine experiences. Sweatt may moderate or remove content but is not obliged to pre-screen all content. We may preserve removed content where needed for legal, safety or audit purposes.

18. Acceptable use

You must not:

• circumvent the Platform to avoid agreed fees after discovering a Provider through Sweatt, where a valid non-circumvention term applies;
• scrape, copy, index, reverse engineer, probe or overload the Platform without written permission;
• introduce malware, interfere with security, impersonate another person or access another account;
• make fraudulent bookings, false refund claims or abusive chargebacks;
• use the Platform to facilitate illegal activity, harassment, discrimination, exploitation or unsafe conduct;
• resell bookings or credentials unless expressly permitted;
• collect personal information from users for unrelated marketing; or
• use bots or automated means to reserve scarce inventory unfairly.

19. Intellectual property

The Platform, software, design, databases, logos, trade names, text, graphics and other Sweatt content are owned by or licensed to Immortelle Technologies Limited and protected by applicable intellectual-property laws. Except for limited personal use of the Platform, no rights are granted without written permission.

Providers grant Sweatt a non-exclusive licence to use their names, marks, listing content, schedules and media to operate and market the Platform and their offerings. Users must not imply endorsement, affiliation or sponsorship without permission.

20. Third-party services and links

The Platform may rely on maps, cloud hosting, analytics, communications, authentication, app stores, payment processing and third-party websites. Those services may have separate terms and privacy practices. Sweatt is not responsible for independent third-party services outside its reasonable control, but this does not limit responsibilities imposed on Sweatt by law.

21. Platform availability and changes

We aim to provide a reliable service but do not guarantee uninterrupted or error-free access. We may maintain, update, test, restrict, suspend or discontinue features. Where practicable, we will provide reasonable notice of a material change affecting paid or active bookings.

We may modify these Terms. Material changes will be notified through the Platform, email or another reasonable method. Changes will not retroactively remove accrued rights or alter a confirmed booking unfairly. Continued use after the effective date constitutes acceptance where permitted by law.

22. Suspension and termination

You may stop using Sweatt at any time and request account closure, subject to unresolved bookings, payment obligations, disputes and legally required retention.

We may warn, restrict, suspend or terminate an account where reasonably necessary because of breach, fraud, safety risk, repeated no-shows, abusive conduct, chargebacks, unlawful use, sanctions, legal requirements or material risk to Sweatt, Providers or users. Where appropriate, we will explain the decision and offer a review channel.

Termination does not affect accrued payment, refund, intellectual-property, confidentiality, limitation, indemnity, dispute or data-retention provisions.

23. Disclaimers

To the maximum extent permitted by law, the Platform is provided on an "as available" basis. Sweatt does not guarantee:

• the conduct, identity, qualifications, insurance, solvency or continued availability of every Provider or user;
• that a listing will meet a user's subjective expectations or fitness goals;
• that participation will produce any health, performance or wellness outcome;
• that third-party schedules, maps, descriptions, reviews or availability are always complete or error-free; or
• that the Platform will be uninterrupted, invulnerable or compatible with every device.

Any statutory rights and implied terms that cannot lawfully be excluded remain unaffected.

24. Limitation of liability

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

Subject to the previous sentence, Sweatt will not be liable for injury, death, loss or damage caused by the acts, omissions, premises, equipment, instruction or services of an independent Provider, except to the extent the loss was caused by Sweatt's own breach of a duty owed to the claimant.

To the maximum extent permitted by law, Sweatt is not liable for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity, loss of goodwill, loss of anticipated savings or loss of data, unless such exclusion is prohibited.

For claims arising from a particular booking and not involving personal injury, death, fraud, wilful misconduct or a non-excludable obligation, Sweatt's aggregate liability will not exceed the greater of: (a) the total fees paid to Sweatt by the claimant for that booking; and (b) TT$1,000.

The limitations apply only to the extent fair, reasonable and enforceable in the circumstances.

25. User indemnity

To the extent permitted by law, you will indemnify Sweatt and its directors, employees and agents against third-party claims, losses and reasonable costs arising from your unlawful conduct, fraudulent activity, infringement of rights, unauthorised commercial use, breach of these Terms, or injury or damage caused by your intentional or negligent misconduct. This does not require you to indemnify Sweatt for Sweatt's own negligence, breach or unlawful conduct.

26. Complaints and dispute resolution

Contact [email protected] first with your account email, booking reference, relevant dates and requested resolution. Sweatt will aim to acknowledge complaints within 2 business days and provide a substantive response within 10 business days where reasonably possible.

A dispute between a user and Provider should ordinarily be raised with both the Provider and Sweatt. Sweatt may facilitate communication and may decide transaction remedies under its policies, but is not a court or arbitrator of every underlying service dispute.

Before filing court proceedings, each party should attempt good-faith negotiation for at least 14 days after written notice of the dispute. The parties may then agree to mediation or arbitration under the Arbitration Act, 2023. Nothing prevents either party from seeking urgent injunctive relief, using an available consumer complaint procedure, or bringing a claim in a court of competent jurisdiction.

27. Governing law and courts

These Terms and non-contractual obligations arising from them are governed by the laws of Trinidad and Tobago. Subject to any mandatory consumer right and any agreed mediation or arbitration, the courts of Trinidad and Tobago have jurisdiction.

28. General

• Severability: an invalid provision will be limited or removed without affecting the remainder.
• No waiver: delay in enforcing a right is not a waiver.
• Assignment: you may not transfer an account or these Terms without consent. Sweatt may transfer them as part of a genuine restructuring, financing or sale, with notice where required.
• Entire agreement: these Terms, incorporated policies and checkout disclosures form the agreement relating to Platform use and bookings.
• Priority: specific listing or checkout terms prevail over general terms for that booking, except where unlawful.
• Electronic communications: you agree to receive contractual notices electronically. Marketing requires any consent or lawful basis described in the Privacy Notice.
• Language: the English version controls unless law requires otherwise.
• No partnership: use of the Platform does not create employment, agency, partnership, fiduciary or joint-venture status between users, Providers and Sweatt.

29. Contact

Immortelle Technologies Limited T/A Sweatt. Email: [email protected].