Online Portal Terms and Conditions

Online Portal Terms and Conditions 2018-09-20T09:40:10+00:00

Online Portal terms and conditions

Version 1.0

Welcome to the AquaPhysical Online Portal. By visiting and/or using this website (including all content and functionality available through the aquaphysical.com domain name and any country or region specific domains or subdomains (jointly referred to as the “Site”)) you indicate your acceptance of and agree to be bound by:

1. these terms and conditions of use (“Terms of Use”);
2. AquaPhysical’s privacy policy (“Privacy Policy”) found at https://aquaphysical.com/privacy-policy, which is expressly incorporated here by reference; and
3. Any other policy developed by Aqua Physcial Ltd from time to time and notified on the Site or any part of the Site, which is expressly incorporated here by reference.

In these Terms of Use:
• “we” means AquaPhysical Ltd or any AquaPhysical authorised distributor
• “you” means you, the person using our services, or visiting the Site
• “services” means all goods or services we provide to you, including providing you with access to the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have or will have with AquaPhysical Ltd. AquaPhysical Ltd reserves the right to change or modify these Terms of Use, the Privacy Policy, or any document, policy or guideline incorporated by reference into these Terms of Use at any time and at its sole discretion. If these Terms of Use are changed, we will post the new Terms of Use on the Site and change the version number accordingly. Any changes or modifications will be effective upon posting of the revised Terms of Use on the Site, and your access to and use of the Site following the posting of the revised Terms of Use will constitute your acceptance of them.

1. Release Manuals

The Site contains a selection of downloadable material. Notwithstanding the other provisions of these Terms of Use, the following applies to downloadable content:
• Your personal login to the AquaPhysical portal is for your personal use only and may not be used by any other person. You agree to never give your login details and password out to another person, except a Site administrator. You also agree to never use another person’s login for any reason. We also highly recommend you use a complex and unique password for your account, to prevent account theft. For Club Access – you agree to only use the Club Access for the unique benefit of the Club
• You are only entitled to download material in line with these terms and conditions. AquaPhysical grants you a limited license to download any material.
• In downloading any digital material you agree that this will be used in accordance with the terms of your instructor agreement (if you are an instructor) or your license agreement (if you are a representative of a club). Ownership of the digital material and the intellectual property in them remains with AquaPhysical Ltd
• You will comply with the obligations owed in respect of intellectual material and use of FloatFit formats under the terms of your instructor agreement (if you are an instructor) or license agreement (if you are a representative of a club). Downloads will not be used for any purpose other than the conduct of FloatFit program classes in accordance with such agreements.
• You will not sell, distribute, copy, alter, broadcast, make available or transmit via the internet or wireless technology or otherwise reproduce downloaded material

2. License and Site Access

Subject to any rights you may have pursuant to another agreement with AquaPhysical, we grant you a limited license to access and make personal, non-commercial use only of the Site. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of AquaPhysical. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or its content; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you have no right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of Aqua Physical Ltd or any third party. You may not use, frame or utilize framing techniques to enclose any Aqua Physical Ltd trademark, logo or other proprietary information (including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page) without Aqua Physica Ltd’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an AquaPhysical or FloatFit name, trademark, service mark, design, logo or product name without AquaPhysical’s express written consent. If you use any part of the Site that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised in any manner, you should notify AquaPhysical immediately. AquaPhysical reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account including, without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account.

Notwithstanding the above, AquaPhysical may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AquaPhysical be held liable to you for any liability or damage resulting from or arising out of (i) any action or inaction of AquaPhysical under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission or license granted under these Terms of Use and may violate any applicable laws including copyright, trademark (including trade dress), and communications regulations and statutes. AquaPhysical reserves the right to prosecute all violators to the fullest extent of the law.

3. Usage and Monitoring

You may use the Site only as intended by AquaPhysical. While AquaPhysical has no obligation to monitor the Site and is not responsible for the accuracy of the content of any messages, information or files transmitted on the Site, AquaPhysical reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such messages, information or files which AquaPhysical, in its sole discretion, deems objectionable or otherwise in violation of these Terms of Use, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.

4. Eligibility

You hereby certify to us that you are at least 18 years old. Use of the Site by children under the age of 18 years is strictly prohibited.

5. Copyright

All content on the Site, including, without limitation, the AquaPhysical and FloatFit name, logo, trademarks, design, text, graphics, pictures, sound files, video files, audio-visual files and other files, and the selection and arrangement thereof (“Materials”) and all proprietary rights in the Materials are the sole and exclusive property of AquaPhysical. Except as expressly stated in these Terms of Use or in any other agreement you may have with AquaPhysical, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including (but not limited to) electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AquaPhysical. Permission is granted to display, copy, distribute and download the Materials on the Site for personal, non-commercial and informational use only; provided that, you may not, without the permission of AquaPhysical, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

6. Enforcement

AquaPhysical reserves the right but does not assume the obligation to strictly enforce these Terms of Use including, without limitation, by issuing warnings, suspending or terminating service, and/or removing, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. AquaPhysical may access, use and disclose transaction information and Content as necessary to comply with any law; enforce or apply our distribution, agency or customer agreements; to initiate, render, bill, and collect for services; to protect AquaPhysical’s rights or property, or to protect users of the Site from fraudulent, abusive, or unlawful use of, or subscription to, such services. Any indirect or attempted violations of these Terms of Use by you, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms of Use by you.

7. Responsibility for Your Conduct.

You remain solely liable for information you upload or transmit to the Site. You agree to indemnify and hold harmless AquaPhysical from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.

8. Product and Service Descriptions and Pricing

AquaPhysical and third parties offering information, products or services on the Site attempt to be as accurate as possible. However, AquaPhysical does not warrant that information, product and service descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a product or service offered on the Site may be mispriced or contain an inaccuracy in its description. In the event AquaPhysical determines that a product or service is mispriced or contains an inaccurate description, AquaPhysical reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. AquaPhysical agrees to notify you if it does so.

9. Disclaimers

(a) warranty disclaimer: the site and the materials contained in it are provided by AquaPhysical on an “as is” and “as available” basis. AquaPhysical disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, content, services and products on the site. AquaPhysical does not represent or warrant that the operation of the site or the materials in the site are accurate, complete, reliable, current, error-free, subject to correction or that any such materials available for download from the site are free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. AquaPhysical is not responsible for typographical errors or omissions relating to pricing, text or photography. While AquaPhysical attempts to ensure your access and use of the site is safe, AquaPhysical cannot and does not represent or warrant that the site or its server(s) will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meets your requirements. You expressly agree that use of the site, including all content, data or software distributed by, downloaded or accessed from or through the site, is at your sole risk and responsibility. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the site is at your sole risk. AquaPhysical reserves the right, in its sole discretion, at any time and without notice, to change any and all content contained on the site, correct any errors or omissions in any portion of the site or to deny access to the site to anyone at any time. AquaPhysical shall have no liability arising from your reliance upon the information provided on the site. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by AquaPhysical.
(b) user’s responsibility and risk: it is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on or through the site or on the internet generally. The internet and wireless data services contain unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. AquaPhysical has no control over and accepts no responsibility whatsoever for such materials. AquaPhysical shall have no liability to you for usage charges related to any device that you use to access the site or utilise any of the functionality or services offered on the site, including, without limitation, usage charges for mobile telephones, palm os devices, windows ce devices, car navigation systems, pagers, smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

10. Indemnity

You agree to indemnify and hold AquaPhysical and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your use of the site, violation of these
Terms of use, or the infringement by you, or any other user of your member name or password, of any intellectual property or other right of any person or entity.

11. Third Party Rights

The provisions of the paragraphs entitled Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnification are for the benefit of AQUAPHYSICAL and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

12. Termination

These Terms of Use may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Site after these Terms of Use have been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third Party Content, Disclaimers, Limitation of Liability, Indemnification, Third Party Rights, Termination, Enforceability and Admissibility and Miscellaneous shall survive any termination of these Terms of Use.

13. Enforceability and Admissibility

These Terms of Use will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

14. Miscellaneous

• Non Waiver: AQUAPHYSICAL’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right and shall not prevent AQUAPHYSICAL from subsequently requiring strict compliance by any person with these Terms of Use.
• Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.
• Assignment by AQUAPHYSICAL: AQUAPHYSICAL may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
• Severability: If any provision of these Terms of Use shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
• Governing Law: These Terms of Use is governed by the laws of England. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of England over any suit, action or proceeding arising out of this Agreement. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.