These Terms do not alter in any way the terms or conditions of any other agreement you may have with AquaMobile for any of our products, services or otherwise. For example, if you apply and are registered as an Instructor, you will have a separate agreement with us governing your relationship with AquaMobile.
Our Site and Services are not intended for use by individuals under the age of majority in their jurisdiction of residence (a “Minor”) unless the Minor has obtained prior consent to use our Site or Services from his/her parent or guardian. Use of our Site or Services by a Minor without such consent is strictly prohibited. AquaMobile specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user of our Site. AquaMobile will have no liability resulting from any use of our Site or Services by any Minor.
AquaMobile’s Site provides a platform for swim instructors to connect with customers for private swim lessons and lifeguarding services at private pool facilities.
You can apply on our Site to become an AquaMobile swim instructor or lifeguard (an “Instructor”) or register an account as a customer for swim lessons or lifeguarding services (a “Customer”). When you sign up as either an Instructor or Customer, you will need to provide AquaMobile with certain contact information and details so that you can use our Services.
Once you have registered either as an Instructor or Customer, you will have access to a user account which you can use to manage your bookings, tailor your preferences, create a profile, and other functionalities to help you get the most out of AquaMobile.
By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to our Site, Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Instructors Are Not Our Employees
Our Site and Services offers the tools and resources on our platform to connect Customers and Instructors who wish to obtain or provide, as applicable, 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.
AquaMobile takes care in using a multi-step approach to screen and verify each application received from individuals who wish to register as Instructors on the AquaMobile Site and Service. Despite our best efforts to screen or perform background checks on Instructors, as a Customer you should exercise caution and perform your own screening before connecting or meeting with any Instructor through our Site and Services or obtaining any services.
AquaMobile hereby expressly disclaims, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Site and Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. We shall not be liable to you for your reliance on any information obtained through other users, the use of the Services or this Site, and AquaMobile disclaims all liability in connection with such information. All use of our Site and Services is at your sole and exclusive risk.
Request for Schedule Changes: Changes can be made via our online portal subject to availability, so long as you do so at least 24 hours before the scheduled time.
Cancellation Policy: A minimum of 24 hours notice must be given for any missed booked lesson in order to receive credit for a make-up lesson. No refunds will be given for a used credit if AquaMobile is provided with less than 24 hours notice. Only 2 reschedules are permitted per 10 lessons booked.
Inclement Weather – lesson in progress: In the case of outdoor facilities, during periods of light rain or showers, classes will continue. However, if there is any sign of lightning or thunder, Instructor shall end the lesson and a make-up lesson will be scheduled for that class.
Inclement Weather – before start of lesson: Please contact Instructor directly the evening before or morning of a lesson to determine whether to proceed with the lesson or when the rescheduled lesson should be. You should then call our AquaMobile office at 1-888-950-7946 so we can confirm that the Instructor is available at that time and update his/her schedule to reflect the new lesson time.
Pool Care & Supervision
Pool Availability: Customers are responsible for obtaining the pool facilities for Instructors to conduct private swim lessons and lifeguarding services. Instructor reserves the right to cancel or end a lesson if the pool is not reasonably accessible to provide a swim lesson or lifeguarding services, and the lesson will be charged to the Customer.
Pool Care: In order for Instructors to provide the best learning experience possible, Customers should ensure that pool for a lesson is kept at a minimum 84F degrees (hot tubs are not acceptable facilities for swim lessons) and that the pool is algae-free and meets applicable safety standards. Instructor reserves the right to cancel or end a lesson if the pool does not meet the applicable standards, and the lesson will be charged to the Customer.
Supervision: A parent or guardian of at least one of the students must be at the lesson location if the student is a Minor. Instructor reserves the right to cancel or end the lesson if no parent or guardian is present and the lesson will be charged to the Customer.
You may use our Site and Services to purchase class credits and schedule private lessons and/or lifeguarding services. Purchase class credits do not expire; you can book in the future with any unused credits.
AquaMobile offers gift certificates that you may purchase and use to redeem for swim lessons or lifeguarding services. When you purchase a gift certificate, we will send an email to you and the purchaser of the gift card and the recipient who will redeem the gift certificate. The recipient will be required to create an AquaMobile account in order to access and use our Site and Services and redeem the gift certificate. Gifts certificates are not refundable or redeemable for cash, unless otherwise required by applicable law. Gift certificates do not expire, and any unused credits will remain available for use in the recipient’s AquaMobile account. If the recipient’s purchase exceeds the amount of the gift certificate, the balance must be paid by the recipient through our Site.
Payment and Billing Information
Our Site allows you to purchase services such as class packages. We use the services operated by companies such as PayPal and accept payment via Visa, Mastercard and Discover (each, “Payment Processor”) for processing purchase orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases.
When you make a purchase on our Site, you agree to pay, and authorize our Payment Processor to charge you using your selected payment method and payment plan, for all applicable fees and taxes relating to your purchase. AquaMobile is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.
All fees are charged and paid in the local currency applicable in your jurisdiction of residence (i.e., sessions occurring in Canada will be paid in Canadian Dollars, sessions occurring in the United States will be paid in US dollars) and are non-refundable except as required by law. We may adjust prices at any time and for any reason (or no reason) and without providing you prior notice.
Satisfaction Guaranteed Policy: If you are a Customer and you are not satisfied with your first lesson, we will set you up with a new Instructor – this first lesson with a new AquaMobile Instructor will be provided free of charge. If you prefer not to try a new Instructor, a full refund for all purchased and unused lessons can also be provided in accordance with our Refund/Credit Policy.
Refund/Credit Policy: If you are a Customer and you are unable to use all of your lessons during a swim season, they will remain as credits on your account and they will never expire. Refunds for lessons purchased over 12 months ago will not be made. Credits can be gifted or donated to another individual who is not the original purchaser. The AquaMobile Management Team reserves the right to charge an administration fee to recoup credit card fees associated with any refunds that fall outside our Satisfaction Guaranteed Policy.
Internet & Mobile Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and AquaMobile assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may send and/or receive text messages from an Instructor or Customer, as applicable, in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and AquaMobile assumes no responsibility or liability for any such charges.
All content provided or otherwise made available by AquaMobile through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to AquaMobile and is protected by intellectual property rights and unfair competition laws within and outside of Canada. Content also includes any Content that users (including you) provide or make available through our Services and Site (“User Content”).
Subject to your compliance with these Terms, AquaMobile hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site and solely for your personal and non-commercial purposes.
By making User Content available through our Services and Site, you hereby grant AquaMobile a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your User Content in connection with operating and providing our Services, Site, and Content to you and other users.
You are solely responsible for all of your User Content. You represent and warrant that you own all your User Content, or have the necessary rights to grant us the license rights in your User Content as described under these Terms. You also warrant and represent that neither your User Content, or the use and provision of such through the Services and the Site, nor any use of the User Content by AquaMobile on or through the Services and the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or unregistered trademarks of AquaMobile or our licensors in Canada and internationally. Nothing in these Terms should be construed and granting any license to use any Marks without the express permission of AquaMobile or the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Site and Services.
We welcome any feedback, comments and suggestions you may have to improve our Site and Services (“Feedback”). You can submit Feedback to us through our Contact Us page. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you.
AquaMobile values safety and trust in providing users with our Site and Services, and we aim to foster a positive and welcoming environment for all visitors. In order to maintain our community, we have established the following rules of use. You agree you will not:
• Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
• Attempt to access another user’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
• Create multiple accounts under different names or emails unless we have authorized you to do so, or re-register an account that was previously terminated by AquaMobile;
• Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about AquaMobile that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
• Use, display, mirror or frame the Site or Services, or any individual element within the Site or Services, AquaMobile’s name, any of our Marks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without our express written consent;
• Access, tamper with, or use non-public areas of the Services and the Site, AquaMobile’s computer systems, or the technical delivery systems of our service providers;
• Attempt to probe, scan, or test the vulnerability of any AquaMobile system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or our service providers or any other third party (including another user) to protect the Services, Site, or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
• Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AquaMobile or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Site or Services;
• Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
• Use any meta tags or other hidden text or metadata utilizing our Marks, logo URL or product name without AquaMobile’s express written consent;
• Collect or store any personally identifiable information from the Services or the Site from other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although AquaMobile reserves the rights to monitor, record, edit or remove any content within our Services or the Site, we have no obligation or responsibility to do so. In addition, AquaMobile not be liable or responsible to any Customer, Instructor or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
AquaMobile reserves the right, without notice and in its sole discretion, to terminate or suspend your to access and use to all or part of our Site (including blocking your future access and use), the Content and/or any Services for any reason, including without limitation your breach of these Terms.
If you are an Instructor, the first and all future bookings with AquaMobile Customers must be booked via our Site and Services. Failure to abide by this policy may result in suspension or termination from our Site and Services.
AQUAMOBILE PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT AQUAMOBILE PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. AQUAMOBILE GRANTS NO, AND AQUAMOBILE HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. AQUAMOBILE DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITE AND/OR SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATE WITH CUSTOMER SERVICE OR AQUAMOBILE REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
YOU UNDERSTAND THAT SWIMMING IS A HAZARDOUS ACTIVITY AND RECOGNIZE THAT THE SPORT OF SWIMMING MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE INDIVIDUAL TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS, INCLUDING PARALYSIS AND DEATH.
AquaMobile shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. However, in the event of an emergency, you authorize any representative of AquaMobile to treat you in a medical emergency during your participation in any AquaMobile Aquatic Programs. Further, you and/or parent/guardian if the participant is a Minor agree to pay all costs associated with medical care and transportation incurred. You hereby represent that you have informed AquaMobile via email at [email protected] of any medical/health problems of which our staff or Instructors should be aware.
IN NO EVENT SHALL AQUAMOBILE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES, MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF AQUAMOBILE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
IN ADDITION, AQUAMOBILE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. 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 (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER USER) TO AQUAMOBILE FOR ACCESS TO THE SERVICES AND THIS SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
These Terms and your use of our website and services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.
Any cause of action or claim you may have with respect to these Terms or our services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular internet address.
If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.
We may update these Terms from time to time. If we make any changes, we will post an update copy of these Terms on our website. If there are any material changes, we will notify you as required by law. Please check our website regularly for updates. Your continued use of our website and services means that you agree to be bound with the updated Terms, as amended.
If you opted-in to receive our newsletter, made a transaction through our Site or submitted an inquiry through our Site, you consent to receive our promotional messages and materials. If you choose not to opt-in or choose to opt-out, the remainder of these Terms will continue to apply to your use of this Site and Services.
Last Updated: June 8, 2017