Terms of Service

Welcome to AquaMobile Swim School! These terms of service (the “Terms”) apply to your use of this website (the “Site”) as well as the online products and services the Site offers (collectively, the “Services”) made available by AquaMobile (“we”, “us”, or “our”). For more information about how we handle your information, see our Privacy Policy.

Please read these Terms carefully. By using our Site and Services (such as signing up as a customer or instructor), you agree to be bound by these Terms. If you do not agree to or are not willing to be bound by these Terms, do not access or use our Site or Services.

Who Can Use Our Site & Services

Our Site and Services are not intended for use by individuals under the age of majority in their jurisdiction of residence. Accounts must be created and managed by an adult; lessons for children are booked by a parent or guardian.

Our Services

Our Site provides a platform for swim instructors and lifeguards to connect with customers for private swim lessons and lifeguarding services at private pool facilities. When you register an account, you will need to provide certain contact information and details so that you can use our Services — for example, the pool address where lessons will take place.

By registering for an account, you agree to:

• Provide accurate, truthful, current, and complete account information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your account by not sharing your password and restricting access to your account and devices.
• Promptly notify us if you discover or suspect any unauthorized use of your account.

Instructors Are Not Our Employees

Our Site and Services offer tools and resources to connect customers and instructors who wish to obtain or provide private swim lessons and/or lifeguarding services at private pool facilities. All instructors available through our Site and Services are independent contractors and are not employees, agents, joint venturers, or partners of AquaMobile. Despite our efforts to screen and perform background checks on instructors, as a customer you should exercise your own judgment before engaging any instructor.

Payment Terms

You may use our Site and Services to purchase lessons and packages and schedule private lessons and/or lifeguarding services. Prices, applicable fees, and taxes are shown before you pay. By providing payment information, you represent that you are authorized to use the payment method and authorize us (and our payment processor) to charge the amounts shown.

Internet & Mobile Charges

You are responsible for any fees your internet or mobile carrier charges in connection with your use of the Site and Services, including data charges.

The Content on Our Site

All content on the Site — including text, graphics, logos, images, and software — is owned by or licensed to AquaMobile and is protected by copyright, trademark, and other intellectual property laws. You may access and use the content for your personal, non-commercial use only; any other use requires our prior written consent.

Acceptable Use Policy

You agree that you will not, and will not permit anyone else to:

• Use the Site or Services for any unlawful purpose or in violation of these Terms.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, Services, or the accounts of other users.
• Use any robot, spider, scraper, or other automated means to access the Site or Services without our permission.
• Circumvent the platform by soliciting or accepting bookings or payments outside of the Services.

Termination

We may suspend or terminate your access to the Site and Services at any time, with or without notice, if we reasonably believe you have violated these Terms. You may stop using the Services and close your account at any time.

Links to Other Websites

The Site may contain links to third-party websites that are not owned or controlled by AquaMobile. We have no control over, and assume no responsibility for, the content or practices of any third-party websites.

Disclaimer

The Site, Services, and all content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Acceptance of Risk

Swimming and aquatic activities carry inherent risks. In consideration of your use of the Site and/or Services, you understand and voluntarily accept these risks, and agree to indemnify, defend, and hold harmless AquaMobile and its officers, directors, employees, consultants, agents, successors, and assigns from and against any loss, liability, claim, demand, damages, costs, and expenses arising from or related to your use of the Site and Services.

Limitation of Liability

To the maximum extent permitted by law, in no event shall AquaMobile, nor any other party involved in creating, producing, or delivering the Site, the Services, or content, be liable for any punitive, special, incidental, consequential, or other indirect damages. Except where due to AquaMobile's gross negligence or wilful misconduct, in no event shall AquaMobile be liable to you or anyone else for any amount in excess of the amounts paid by you for the Services in question. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so some of the above limitations may not apply to you.

Governing Law

These Terms and your use of our Site and/or Services shall be governed by: (1) for claims brought in Canada, the laws of the Province of Ontario and the federal laws of Canada applicable therein, with disputes resolved exclusively by the courts located in Toronto, Ontario; and (2) for claims brought in the United States, the laws of the state in which the services were provided. Any cause of action you may have with respect to these Terms must be commenced within one (1) year after the claim arises. If any provision of these Terms is deemed unlawful by a court of law, it shall be severed without affecting the validity of the remaining provisions.

Updates to These Terms

We may update these Terms from time to time. If we make changes, we will post an updated copy on this page and notify you of any material changes. Your continued use of our Site and/or Services means that you agree to be bound by the updated Terms.

Our Communication With You

If you opted in to receive our newsletter, made a transaction through our Site, or submitted an inquiry, you consent to receive our messages via email. If you provided your phone number and opted in to SMS communication, you consent to receive text messages; data charges may apply, and you can opt out at any time.

For More Information

If you have any questions, concerns, or suggestions regarding these Terms, please contact us at 1-888-950-7946 or through the contact details on our website.