Marina Swimming School App

Agreement to Terms

By downloading or using the Marina Swim School mobile application (“App”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, you must not use the App. These Terms form a binding legal agreement between you and Marina Swim School (“Marina School,” “we,” “us,” or “our”). Please read them carefully.

Eligibility: The App is available to users of all ages. If you are a minor (under the age of majority in your jurisdiction), you should review these Terms with a parent or legal guardian. By using the App, you affirm that you have the legal capacity to agree to these Terms. If you are under the age of majority, your parent or guardian must consent to your use of the App and to these Terms on your behalf.

User Accounts and Registration

To access certain features of the App (such as class booking or messaging), you will need to create an account. When registering, you agree to provide truthful, current, and complete information (including your name and a valid email address) and to keep this information updated. You are responsible for safeguarding your account login credentials and for all activities that occur under your account.

• Account Security: You must keep your password confidential and not share your account with others. If you suspect any unauthorized use of your account or a security breach, you agree to notify us immediately. Marina School is not liable for any loss or damage arising from your failure to maintain the security of your account.

• Profile Information: The App may allow you to add a profile picture and other details. You are responsible for ensuring you have the rights to any content you upload (like profile photos) and that such content is appropriate and lawful.

User Responsibilities and Acceptable Use

When using the Marina Swim School App, you agree to the following responsibilities and conduct requirements:

• Provide Accurate Information: You will provide and maintain accurate personal information in your account (including your name and contact details). You will not impersonate anyone or provide false information.

• Personal Use Only: You will use the App only for its intended purposes – such as registering yourself or family members for swimming classes, booking classes, making payments, and communicating through the in-app messaging feature. You will not exploit the App for any commercial purpose unrelated to Marina School or resell its services.

• Lawful and Respectful Conduct: You will not use the App in any unlawful, harmful, or abusive manner. In using the messaging feature, you agree to communicate respectfully and not send any content that is offensive, harassing, obscene, threatening, or violates any law or rights of others. This includes refraining from hateful language, spam, bullying, or sharing another person’s private information without consent. Marina School reserves the right to monitor communications on the App and may remove any content or suspend any account that violates these rules.

• No Misuse or Interference: You will not attempt to damage, hack, or disrupt the App’s functionality. This means you must not introduce viruses or malicious code, attempt to gain unauthorized access to our systems or other users’ accounts, or circumvent any security feature of the App. Any attempt to reverse-engineer, decompile, or otherwise extract the source code of the App is prohibited.

• Compliance with Laws: You are responsible for complying with all applicable local, provincial/state, national, and international laws when using the App. You will not use the App if such use is prohibited in your jurisdiction. If you access the App from outside of Canada or the United States, you do so on your own initiative and must ensure compliance with local laws.

If you violate any of the above responsibilities or any other provision of these Terms, we may suspend or terminate your account at our discretion (see Termination below). You are responsible for any consequences (including legal liability) that result from your misuse of the App.

Payments and Third-Party Payment Processing

Booking Classes and Payment Terms

When you book swimming classes or other services through the App, you may be required to make a payment to confirm your booking. All payments made through the App are subject to the following terms:

• Third-Party Payment Processors: Payments are processed securely by third-party payment providers, currently Square and Bambora. When you make a payment in the App, you will be redirected to or otherwise use services provided by Square or Bambora to enter your payment information. Marina School does not collect or store your credit card numbers or banking details; such sensitive payment information is provided directly to the third-party processor. By making a payment, you agree to the terms and conditions and privacy policies of the applicable payment processor (e.g., Square’s or Bambora’s terms). We are not responsible for any errors, security breaches, or performance issues on the part of these payment processors, but we will reasonablely assist in communicating with them to resolve issues.

• Authorization: By providing your payment information and confirming a transaction, you authorize Marina School (and our payment processors) to charge the specified amount to your chosen payment method. All fees and charges for classes or services will be clearly disclosed in the App before you complete a booking. Prices are shown in the applicable currency (e.g., Canadian or US dollars, depending on your location) and may be subject to applicable taxes.

• Payment Issues: If a payment is not successfully settled (for example, due to expiration or insufficient funds), we may cancel your booking or suspend access to the class or service. It is your responsibility to ensure your payment information is correct and up to date. Marina School is not liable for any bank fees, overdraft charges, or other costs you incur as a result of attempted charges or payments.

• No Fees from Marina School: Marina School does not charge you additional fees for using the App’s payment service beyond the class or service fees themselves. However, your bank or card issuer might charge you fees related to the transaction (such as foreign transaction fees if applicable). We have no control over such charges.

Cancellation and Refund Policies

Marina Swim School offers cancellations and, in some cases, refunds or credits for classes, subject to certain conditions. By booking classes through the App, you agree to the Cancellation and Refund terms as outlined here and on our website:

• Cancellation Requests: If you need to cancel or reschedule a class booking, you must follow the procedures and timelines set out in our cancellation policy. In general, cancellations or rescheduling should be requested by contacting us (through the App or via email/phone) within the specified advance notice period.

• Refunds and Credits: Refund and credit eligibility depends on the type of class or package and the timing of your cancellation. For example, cancellation of a one-time trial class may not be eligible for a cash refund, but a credit may be provided for future use if you cancel with sufficient advance noticemarinaswimschool.com. Deposits for multi-session programs or camps are typically non-refundable once paid, though any unused balance may remain as credit on your account for a limited timemarinaswimschool.com. If a program has already started or if you cancel shortly before it begins, refunds might not be available (or may incur an administrative fee)marinaswimschool.com. All refunds, if granted, may be subject to processing or administrative fees as detailed in our policy.

• How Refunds Are Issued: If you are entitled to a refund according to our policy, we will issue the refund via the original payment method whenever possible. The timing of the refund will depend on the third-party payment processor or your bank’s processes. Any credit issued (instead of a refund) will be applied to your Marina School account and usable towards future classes within the time frame specified (usually credits expire after a certain period, e.g., 12 months, if not used).

• No-Show or Late Cancellation: If you do not attend a class you booked and did not cancel within the allowed time frame, it may be treated as a no-show. No-shows or late cancellations may forfeit the class fee without refund, as our instructors and facility have been reserved for you. We reserve the right to charge a cancellation fee or deduct the class from your package in these cases.

• Emergency or Medical Cancellations: If you have to cancel due to an emergency or medical reason, please contact us as soon as possible. We may request documentation (for example, a doctor’s note if you or your child are ill)marinaswimschool.com. In genuine cases of medical or other emergencies, we will do our best to offer flexibility, such as credits or rescheduling, even if the standard cancellation window has passed.

• Full Policy: The above is a summary of our cancellation and refund practices. Our detailed Cancellation & Refund Policy is available on our website (see the “Cancellation and Refund Policy” section of our site or terms posted at www.marinaschool.com). That policy is incorporated by reference into these Terms. We strongly encourage you to review it on our website so you understand all conditions and any fees that may apply. By using the App to book classes, you acknowledge that you have read and agree to the Cancellation and Refund terms on our website.

Note: Marina School reserves the right to update our refund and cancellation policies from time to time (for example, to accommodate new programs or changes in operational costs). However, any such changes will not retroactively affect bookings you have already made. For current bookings, the policy in effect at the time of booking will apply.

Data Collection and Use (Privacy)

Your privacy is important to us. When you use the App, we collect certain personal information from you to provide our services. This includes the information you provide during registration (such as your name, email address, and profile picture) and any information generated through your use of the App (such as class booking history or messages you send through the App).

• Use of Personal Data: We use your personal data to operate and improve the App and our services – for example, to manage your account, schedule your swimming classes, process your payments, and facilitate communication (the messaging feature) between you and Marina School staff or other authorized users. If you enable notifications, we may also use your contact information to send you reminders or important updates about your classes.

• Privacy Policy: All collection, use, and storage of personal information through the App are governed by our Privacy Policy (available at www.marinaschool.com/privacy-policy). Our Privacy Policy explains in detail what information we collect, how we use it, and what rights and choices you have regarding your data. By using this App, you acknowledge that you have read our Privacy Policy and consent to the handling of your information in accordance with it. If you do not agree with our data practices, please do not use the App.

• Third-Party Services and Data Sharing: To provide the App’s functionality, we may share certain information with third-party service providers. For example, when you make a payment, the necessary personal and payment details will be shared with Square or Bambora to process the transaction2811global.com. Similarly, if the messaging feature relies on a third-party platform, we only share the data required for delivering the message. We do not sell your personal information to third parties. We will not share your information with others except as described in our Privacy Policy or as required by law.

• Data Security: We implement reasonable security measures to protect your information. However, no software or platform can guarantee absolute security. By using the App, you understand that there is some risk of data breaches or unauthorized access beyond our control. In the unlikely event of a data breach affecting your personal information, we will notify you as required by applicable law.

• Parental Consent for Minors: If you are a parent or guardian using the App to register a minor for classes, you consent to our collection and use of the child’s personal information (e.g. name, age, etc. needed for class registration) as described in our Privacy Policy. We do not knowingly collect personal data directly from children under 13 without parental consent, in compliance with applicable laws such as COPPA in the United States.

For any questions about our privacy practices, please review the Privacy Policy or contact us using the information provided in that policy or at the end of these Terms.

User Content and Communications

The App’s features may allow you to input or upload content, such as sending messages through the App’s messaging tool or adding a profile picture. You retain ownership of any content that you create or provide using the App. However, by submitting content through the App, you grant Marina School a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute that content as needed to deliver the App’s services. For example, we may display your profile name and picture to instructors or administrators, or transmit your messages to the intended recipients.

You represent and warrant that you have all necessary rights to any content you upload or share and that such content does not infringe or violate the rights of any third party or any law. We do not routinely monitor user-generated content, but we reserve the right to review and remove any content at our discretion, especially if it violates these Terms or is otherwise objectionable.

Please note that any communication you send via the App’s messaging feature is not guaranteed to be confidential. While we strive to maintain user privacy, messages may be accessible to Marina School staff (for example, for customer support, or if required to be disclosed by law or to investigate violations). Always use caution when sharing personal or sensitive information via the App.

Intellectual Property

All content and materials available on the Marina Swim School App, including but not limited to text, graphics, logos, button icons, images, videos, and software code, are the property of Marina Swim School or its licensors and are protected by copyright, trademark, and other intellectual property laws. Marina School retains all rights, title, and interest in and to its intellectual property.

• Limited License: Marina School grants you a limited, non-transferable, non-exclusive, revocable license to use the App and its content for your personal, non-commercial use in accordance with these Terms. This means you may use the App to book classes, make payments, and access information for your own use, but you do not obtain any ownership rights in the App or its content.

• Restrictions: You agree not to copy, reproduce, modify, distribute, or create derivative works of any portion of the App or content provided within the App, unless expressly permitted by Marina School. You may not remove or alter any copyright, trademark, or other proprietary notices displayed in the App. The Marina Swim School name and logos are trademarks of our company, and you agree not to use them without our prior written permission.

• Third-Party Content: Any third-party trademarks or content that appear in the App (for example, logos of payment processors like Square or Bambora, or social media icons) are the property of their respective owners and are used only to refer to those services. Your use of those third-party marks may be subject to the owners’ permissions and policies.

Violation of these intellectual property provisions may result in immediate suspension or termination of your rights to use the App, and may also constitute a violation of law.

Limitation of Liability and Disclaimer of Warranties

Use at Your Own Risk: Marina Swim School strives to provide a high-quality and reliable App, but we cannot guarantee that the App will be perfect or uninterrupted. Your use of the App is at your own risk. The App and all services provided through it are offered on an “as is” and “as available” basis, without warranties of any kind (either express or implied). This means we do not guarantee that the App will meet all your expectations or that it will be error-free, secure, or free of viruses.

To the fullest extent permitted by applicable law, Marina Swim School disclaims all warranties and conditions, express or implied, regarding the App and its content, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the App will always be available, that it will be free from errors, or that any defects will be corrected.

Limitation of Liability: In no event will Marina Swim School, its owners, directors, employees, instructors, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the App or any services booked through the App. This includes, for example, damages for lost profits or revenues, loss of data, business interruption, or any intangible losses, even if we have been advised of the possibility of such damages.

Marina School’s total cumulative liability to you for any direct damages arising from or related to this App or these Terms will not exceed the amount (if any) you paid to Marina School through the App in the three (3) months immediately preceding the event giving rise to the claim. If you have not made any payments through the App, Marina School’s liability shall be limited to fifty Canadian dollars (CAD $50) or the equivalent in your local currency.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If those laws apply to you, some of the above disclaimers or limits may not apply to the extent prohibited by law. In such cases, Marina School’s liability will be limited to the maximum extent permitted by applicable law.

Physical Activities: You understand that booking a swimming class via the App means you (or the person you registered) will be participating in a physical activity (swimming) that carries inherent risks. Marina Swim School requires all participants (or their guardians) to sign appropriate waivers or acknowledgement of risk before participating in classes at our facilities. These Terms do not override any waivers or release forms you sign in person. Any injuries or accidents that occur during a class are subject to those separate agreements and applicable law. To the extent permitted by law, Marina School is not liable for injuries, accidents, or health issues that may occur during or as a result of any swim class or event booked through the App. Always follow the safety instructions provided by our instructors and consult a doctor before beginning any new exercise program if you have health concerns.

Governing Law and Jurisdiction

Marina Swim School operates in both Canada and the United States, and we strive to comply with the laws of each country. By using the App, you agree that:

• For Canadian Users: These Terms and any dispute arising out of or related to them or the App shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts of British Columbia for the resolution of any disputes.

• For U.S. Users: These Terms and any dispute arising out of or related to them or the App shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal laws of the United States of America, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Florida to resolve any such dispute.

• International Use: If you access or use the App from a location outside of Canada or the U.S., you are responsible for compliance with any local laws that may apply. You acknowledge that you may be transferring personal data to Canada or the U.S. for processing as described in our Privacy Policy, and you consent to such transfer. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Each party waives any objection to the jurisdiction and venue of such courts as described above, including any argument that such courts represent an inconvenient forum. However, nothing in this section limits Marina School’s right to seek injunctive relief in any appropriate jurisdiction in case of urgent need (for example, to protect our intellectual property).

Termination

Termination by You: You are free to stop using the App at any time. If you wish to delete your account, you may do so through the App (if that feature is available) or by contacting us at [email protected] . Deleting your account will terminate your license to use the App. Keep in mind that even after you delete your account, we may retain certain information as required by law or as permitted by our Privacy Policy (for example, transaction records or data backups).

Termination by Us: Marina Swim School reserves the right to suspend or terminate your access to the App (or any portion of it) at any time, with or without notice, if we reasonably believe you have violated these Terms or you are using the App in a way that could cause harm to us or others. We may also terminate or suspend the App as a whole (for all users) if necessary (for example, if we discontinue the App or merge it into a new platform).

If your account or access is terminated by us due to a violation of these Terms or unlawful behavior, you are not entitled to any refund of unused bookings or credits, except as required by law. We recommend that you follow the rules and guidelines in these Terms to avoid any interruption of your access.

Upon termination (by you or us), the provisions of these Terms which by their nature should survive will continue to apply. This includes sections such as Payments, Cancellation and Refund Policies, Data Collection and Use, Intellectual Property, Limitation of Liability, Governing Law, and any other clauses needed to interpret or enforce the agreement after termination.

Modifications to Terms

Marina Swim School may update or modify these Terms from time to time. We may do so to reflect changes in our services, operations, legal obligations, or for any other valid reason. When we make changes, we will update the “Last Updated” date at the top of this document. It is your responsibility to review the Terms periodically.

If we make significant or material changes to these Terms, we will make reasonable efforts to notify users — for example, by posting a notice within the App, sending an email to the address associated with your account, or by other prominent means. Once updated Terms are in effect, by continuing to use the App you will be deemed to have accepted the changes. If you do not agree to the revised Terms, you should stop using the App and, if desired, delete your account.

Miscellaneous

• Entire Agreement: These Terms (along with any additional policies or guidelines referenced herein, such as our Privacy Policy and Cancellation/Refund Policy) constitute the entire agreement between you and Marina Swim School regarding the App. They supersede any prior agreements or communications (whether oral or written) related to the App.

• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The invalid provision shall be interpreted, replaced, or reformed to the extent necessary to render it valid and enforceable, reflecting the original intent to the closest extent possible.

• No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Marina Swim School.

• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

• Third-Party Beneficiaries: These Terms do not confer any third-party beneficiary rights. Any agreement between Marina School and a third-party (for example, with a payment processor) is not part of these Terms and does not give you rights or obligations in relation to that third party.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the App, please contact us:

• Marina Swim School (Marina School) – Customer Support

• Email: [email protected]

• Website: www.marinaschool.com

• Mailing Address: (Canada) 1751 Savage Road, Richmond, BC, Canada 

We value our users and will do our best to address your questions and resolve any issues. By using the Marina Swim School App, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Thank you for being part of our swimming community, and enjoy the App