TERMS AND CONDITIONS

Effective date: November 28, 2018
Last Update: June 12, 2022

1. INTRODUCTION

1.1 Binding Agreement
By accessing or using the AQUA S.T.A.R. website, mobile application, or services (collectively, the “Platform”), you agree to comply with and be legally bound by these Terms and Conditions (“Terms”), our Privacy Policy, and all applicable laws. These Terms govern all interactions on the Platform, including but not limited to:

• Booking swim lessons as a Client.
• Registering as an independent swim Instructor or Host facility.
• Accessing, uploading, or sharing content (e.g., reviews, photos).
  
  

1.2 Updates to Terms
We reserve the right to modify these Terms at any time. Material changes (e.g., fee structures, liability limitations, arbitration requirements) will be communicated via email to registered users and posted on the Platform with 30 days’ notice. Non-material changes (e.g., grammatical corrections, formatting) take immediate effect. Continued use of the Platform after updates constitutes acceptance.

1.3 Hierarchy of Documents
In the event of conflicting terms, the following order of precedence applies:

1. Instructor Agreements (for registered Instructors).
2. Terms and Conditions (this document).
3. Referenced Policies (e.g., Privacy Policy, Acceptable Use Guidelines).
   
   

1.4 Third-Party Tools
The Platform integrates third-party services (e.g., PayPal for payments, Google My Business for listings). Use of these tools is governed by their respective terms, which users must review independently. AQUA S.T.A.R. disclaims liability for third-party actions, errors, or omissions.

2. ELIGIBILITY & ACCOUNT REGISTRATION

2.1 Age Requirement
The Platform is not intended for minors under the age of majority in their jurisdiction (“Minors”). Minors may only use the Platform under the direct supervision of a parent or legal guardian who accepts these Terms on their behalf.

2.2 Account Creation

• Accuracy: Provide accurate, current, and complete information during registration (e.g., legal name, contact details, certifications).
• Security: Safeguard account credentials. Unauthorized sharing of passwords or access is prohibited.
• Verification: Instructors must submit valid government-issued ID and certifications (e.g., Red Cross Water Safety Instructor) for approval.
  
  

2.3 Prohibited Accounts

• Multiple Accounts: Creating duplicate accounts under different emails or aliases is grounds for immediate suspension.
• Impersonation: Accounts falsely representing AQUA S.T.A.R. staff, Clients, or Instructors will be terminated.
  
  

2.4 Account Recovery
Users may recover compromised accounts by:

1. Submitting a government-issued ID to support@aquastar.ca.
2. Completing a two-factor authentication process.

3. SERVICES & INDEPENDENT CONTRACTOR STATUS

3.1 Platform Overview
AQUA S.T.A.R. operates as an online marketplace connecting Clients with independent swim Instructors and Host facilities. We do not:

• Employ Instructors or control lesson methods.
• Own, operate, or manage Host facilities.
• Guarantee lesson outcomes or Client satisfaction.
  
  

3.2 Independent Contractor Relationship

• Instructors:
  • Are independent contractors, not employees, agents, or partners of AQUA S.T.A.R.
  • Retain full control over lesson schedules, teaching methods, and client interactions.
  • Assume sole liability for injuries, damages, or disputes arising from lessons.
• Hosts:
  • Must ensure facilities meet municipal safety standards (e.g., pool temperature, lifeguard availability).
  • May cancel bookings if facilities are unsafe or non-compliant.
    
    

3.3 Client Responsibilities

• Pool Readiness: Ensure pools are algae-free, heated to 80–84°F, and accessible at booked times.
• Supervision: A parent/guardian must be present for lessons involving Minors.

4. LIABILITY & INSURANCE

4.1 Company Insurance
AQUA S.T.A.R. maintains a commercial general liability insurance policy ($5,000,000 CAD per occurrence) covering:

• Bodily injury or property damage during Platform-facilitated lessons.
• Legal defense costs for Hosts/Instructors named as “additional insured” (coverage applies only to compliant services).
  
  

4.2 Instructor Insurance Requirements

• Coverage: Instructors must carry personal updated certification for swimming instructions to prevent the following coverage from happening:
  • Bodily injury (e.g., drowning, slips).
  • Professional errors (e.g., inadequate instruction).
• Submission: Proof of certification must be uploaded semi-annually via the Platform’s compliance portal.
  
  

4.3 Client Assumption of Risk
Clients acknowledge swimming involves inherent risks (e.g., drowning, cardiac events) and release AQUA S.T.A.R. from liability for:

• Instructor negligence (e.g., failure to supervise).
• Facility hazards (e.g., slippery decks, broken ladders).

5. PAYMENT TERMS & REFUNDS

5.1 Fees

• Non-Refundable: Fees for lessons, memberships, or certifications are final unless otherwise stated.
• Currency: All transactions are processed in Canadian Dollars (CAD). Foreign exchange fees are the user’s responsibility.
  
  

5.2 Refund Policy

• Credits: Unused lesson credits expire 60 months after purchase.
• Restocking Fee: A 25% fee applies to refunds requested outside the Satisfaction Guarantee window (7 days post-lesson).
• Donations/Gifting: Credits may be transferred with written approval from AQUA S.T.A.R.
  
  

5.3 Third-Party Processors

• PayPal/Visa/Mastercard: Transactions are subject to processor terms (e.g., chargeback disputes).
• Disputes: Chargebacks deemed fraudulent will result in account suspension.

6. CONTENT & INTELLECTUAL PROPERTY

6.1 License to AQUA S.T.A.R.
By submitting content (e.g., reviews, photos), you grant us a perpetual, irrevocable, worldwide license to:

• Use, modify, and distribute content for marketing, training, or Platform improvements.
• Remove content violating these Terms without notice.
  
  

6.2 Prohibited Content
Content must not:

• Infringe copyrights, trademarks, or privacy rights (e.g., unauthorized use of logos).
• Promote hate speech, discrimination, or illegal activities (e.g., drug use).
  
  

6.3 Trademarks

• Ownership: The “AQUA S.T.A.R.” name, logo, and slogans are registered trademarks.
• Unauthorized Use: Instructors/Hosts may not use trademarks without written consent.

7. ACCEPTABLE USE POLICY

7.1 Prohibited Conduct
You agree not to:

• Circumvent Fees: Book lessons outside the Platform to avoid commissions.
• Misrepresent: Falsely claim affiliation with AQUA S.T.A.R.
• Harass: Engage in bullying, threats, or discrimination.
  
  

7.2 Enforcement

• Minor Violations: First-time offenders receive a written warning and 7-day compliance period.
• Major Violations: Fraud, safety breaches, or hate speech result in immediate termination.

8. TERMINATION & SUSPENSION

8.1 Grounds for Termination

• Material Breaches: Fraud, criminal record check failures, or gross negligence.
• Non-Material Breaches: Late insurance submissions, minor scheduling errors.
  
  

8.2 Procedural Fairness

• Notice: Users receive written notice via email detailing breaches and corrective actions.
• Appeal: Submit evidence to customercare@aquastarcanada.com within 14 days of termination.
  
  

8.3 Post-Termination Obligations

• Return Materials: Instructors must return all Company property (e.g., training manuals).
• Delete Data: Remove confidential information from personal devices.

9. LEGAL TERMS

9.1 Disclaimer of Warranties
The Platform is provided “as is.” We disclaim all warranties, including:

• Fitness for a particular purpose.
• Uninterrupted or error-free access.
  
  

9.2 Limitation of Liability

• Cap: Liability is capped at the lesser of (i) fees paid in the last 12 months or (ii) $500 CAD.
• Exclusions: Consequential damages (e.g., emotional distress, lost income).
  
  

9.3 Indemnification
You agree to indemnify AQUA S.T.A.R. for:

• Legal fees from third-party claims.
• Damages caused by your breach of these Terms.
  
  

9.4 Assumption of Risk
Swimming involves inherent dangers. You accept all liability for injuries or damages.

10. DISPUTE RESOLUTION

10.1 Binding Arbitration

• Process: Disputes are resolved through arbitration in Vancouver, British Columbia, Canada under the Arbitration Act.
• Waiver: Class actions, consolidated claims, and jury trials are prohibited.
  
  

10.2 Governing Law
These Terms are governed by British Columbia law. Claims must be filed within 1 year of the incident.

11. FORCE MAJEURE

AQUA S.T.A.R. is not liable for delays or failures due to:

• Natural disasters (e.g., floods, earthquakes).
• Government orders (e.g., pandemics, lockdowns).
• Labor strikes or supplier shortages.

12. CONTACT INFORMATION

For questions or disputes, contact:

• Email: info@aquastarcanada.com

END OF TERMS
By using the Platform, you acknowledge reading, understanding, and agreeing to these Terms in their entirety.