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Terms and Conditions

Effective Date: August 19, 2024

Welcome to the WaterPonyz Swim School website (the “Site”). These Terms and Conditions (“Terms”) govern your use of our Site and the services we provide. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

    1. Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use this Site. By using the Site, you represent and warrant that you meet this eligibility requirement.
    2. License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You may not use the Site for any unlawful or prohibited purpose.
    3. Restrictions: You agree not to:
        • Use the Site in any way that violates applicable laws or regulations
        • Engage in any activity that could disable, overburden, or impair the Site
        • Attempt to gain unauthorized access to any part of the Site, other accounts, or networks connected to the Site
        • Use any automated means, such as bots, spiders, or scrapers, to access the Site
        • Modify, copy, distribute, or create derivative works based on the Site or any part of it

2. Registration and Accounts

    1. Account Creation: To access certain features of the Site, you may need to create an account. You agree to provide accurate, current, and complete information when creating your account and to update it as necessary.
    2. Account Security: You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to secure your account.

3. Payments and Refunds

    1. Payments: If you register for classes, events, or services through the Site, you agree to pay all applicable fees. Payments are processed through third-party payment processors, and by providing payment information, you authorize us to charge the applicable fees to your selected payment method.
    2. Refunds: Refunds for classes, events, or services are subject to our refund policy, which is available on the Site. Please review our refund policy carefully before making a purchase.

4. Intellectual Property

    1. Ownership: All content on the Site, including text, graphics, logos, images, videos, and software, is the property of WaterPonyz Swim School or its licensors and is protected by copyright, trademark, and other intellectual property laws.
    2. Limited Use: You may access, view, and print content from the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works based on the Site’s content without our express written permission.

5. User Content

    1. User Submissions: If you submit or post any content, including comments, reviews, or other materials (“User Content”) to the Site, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, and display your User Content in connection with the Site.
    2. Responsibility: You are solely responsible for your User Content. You agree not to submit any content that is defamatory, obscene, infringing, or otherwise violates any laws or rights of others. We reserve the right to remove any User Content that violates these Terms.

6. Disclaimer of Warranties

The Site and all content, services, and features are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

7. Limitation of Liability

To the fullest extent permitted by law, WaterPonyz Swim School shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the Site, including but not limited to, any errors or omissions in content, any loss of data, or any unauthorized access to or alteration of your transmissions or data.

8. Indemnification

You agree to indemnify, defend, and hold harmless WaterPonyz Swim School, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Site or violation of these Terms.

9. Third-Party Links

The Site may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites.

10. Termination

We reserve the right to terminate or suspend your access to the Site, with or without notice, for any reason, including without limitation, if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your City/State/Country] for the resolution of any disputes.

12. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

13. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

WaterPonyz Swim School
Muchea – 30 Propagation View, Muchea WA 6501
Email: hello@waterponyz.com
Phone: 0408 987 112