This is a legal agreement between you (referring to the user of Poolva either on iOS or Android, referred to herein as “you” or “your” or “Client”) and Adveron Technologies Pte. Ltd. (UEN: 202217708W) address at 410 North Bridge Road, 188726, Singapore each on behalf of itself and its subsidiaries and affiliates if any (collectively “Adveron”), which governs your use of Poolva (“Application” or “Poolva”) in our efforts of Connecting Professional Coaches to you. Please read this agreement carefully, including without limitation any linked terms and conditions appearing or referenced below, which are hereby made part of this agreement. By using the Application and/or executing this agreement, you are agreeing that you have read, and that you agree to comply with and to be bound by, the terms and conditions of this agreement and all applicable laws and regulations in their entirety without limitation or qualification. If you do not agree to be bound by this agreement, then you may not access or otherwise use the Application. This agreement is effective as of the first date that you use the Application (“effective date”). You may not use the Application and may not accept this agreement if you are not of legal age to form a binding contract with Adveron, or you are barred from using the Application under applicable law.
1. Non-Exclusive. Subject to this Agreement and the Terms and Conditions of Use, Adveron hereby grants you, and you accept, a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license solely to access Poolva Application either on iOS or Android for the purpose of obtaining swimming lesson for yourself or other person under your guardianship.
2. Incorporated Terms. Your use of the Application is further subject to and governed by the Terms and Conditions of Use for the Application. In the event of a conflict between the Terms and Conditions of Use and this Agreement, this Agreement shall prevail. Without limiting the generality of the foregoing, none of the Terms and Conditions of Use expand or extend the license to the Adveron Trademarks granted in this Agreement.
3. Right Granted. Adveron hereby grants to you, upon the terms and conditions herein contained:
(a) the exclusive right and license, and you undertake the obligation, to obtain swimming lesson on Application and to use the Trademarks and the system solely in connection therewith.
(b) the exclusive right to use the Application solely in connection with the establishment and operation of swimming lesson in accordance with the guidelines and policy set by Adveron.
4. Display. You will not display or otherwise share with any third party any content of the Application or any visualization, filtering, or curation of Application, including without limitation displaying Application in mass-market media and entertainment events, online widget integrations or visualizations, television broadcast or other similar media without prior written approval from Adveron. Without limiting the generality of the foregoing, you will not offer or provide content of Application, including any derivative analysis thereof, as a part of an advertising network. You will not bundle or commingle the content of Application with other data in such a way that the Application is not attributed to Adveron.
5. Other Limitation. You will not or attempt to (and will not allow others to) (a) copy, sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Application to any third party; (b) use the Application for any illegal, unauthorized or otherwise improper purposes; (c) utilize the Application to derive or obtain non-public information of individual Application users, including without limitation a user’s location (d) access or use the Application in order to build any product or service that is similar to or competitive with any Adveron products or services; (e) remove or alter any proprietary notices or marks on the Application or use Application, by itself or bundled with third party data, or derivative analysis from Application, to target users with advertising outside of the Poolva, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services.
6. Compliance to Agreement. You will abide by all limitations placed on your access to and use of the Application. You will not attempt to exceed or circumvent these limits.
7. Safety and General Rules. You are responsible for your own safety, actions, and behaviour on any part of the swimming pool property including the changing area. Shoes must be removed before entering the poolside or overshoes worn. Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever regarding safety. You must not run or act inappropriately once within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of you or other students disobeying these rules.
8. Compliance. You undertake to comply with all the rules and regulations, together with the safety policy at all times. All other guests at site should be treated with respect and not be bothered in any case by our presence. This includes the period prior and after the lesson. In the event of a student, parent, guardian, sibling or other associate refusing to obey an instruction from the coach, behaving in an unruly manner towards a member of staff or any other person, or causing damage to pool premises or any of the furniture fixtures or equipment in those premises, the student shall not be permitted to continue with the lessons. Your Coach shall then have the right to terminate the contract without further notice and without being required to offer any credit or refund to the swimmer and the swimmer shall not be accepted for any future course organized by the company.
9. Students Protection. In order to ensure the continued safety of all students involved in the swim lesson against any incidences of crime such as those perpetrated by the coach, we shall periodically conduct a background check at our expense of all Coaches prior to provision of any coaching. Failure of the background check shall exclude such individuals from any involvement with Poolva swimming lesson.
10. Valuables and Jewellery. We will not accept liability for the loss of or damage to any personal effects brought to any session and you are therefore requested to ensure that no valuable items are brought to the swimming lessons. All property left at any Swimming lessen venue whether it is in a changing room, on poolside, left in entrance halls or outside, is done so at your own risk. We cannot accept any responsibility for the loss or damage of any personal belongings.
11. Risk and Health. All students are obliged to fill in the registration form regarding their health conditions which may concern and/or affect the swimming lesson and/or course. All relevant historical background needs to be mentioned. Attendance at the swimming lesson and/or course is at your own risk. Your Personal Swim Coach needs to be in the possession of at least one phone number in case of an accident.
12. Complaints. Our Coach is fully committed to delivering the highest standards of teaching, coaching. If you are not entirely satisfied with the service that the coach provides, we would like to hear about it. If we become aware of any problem while you are still attending a course or activity, we will aim to resolve this at an early stage. You can be assured that any complaint will be taken very seriously and treated with the utmost professionalism.
13. Liability. You hereby understand the inherent risk of swimming lessons. If the lessons were conducted at private condominium, there will be no lifeguard and the responsibility is on the Coach and you as the parents of the students, if the students are below 18 years old. By using Poolva, you acknowledge that Poolva is an online platform used to connect professional coaches to you. Poolva is not in any way represent itself as a swimming school or academy and thus, you acknowledge that all the injuries sustained, and death are borne solely by the coach. Adveron as the platform owner of Poovla does not accept liability for sickness, personal injury or death of any students unless directly caused by the proven negligence of the company.
14. Right to choose Coach. You shall be given the right to reject the coach assigned by Poolva. By accepting the coach, you firmly believe that the coach is able to deliver the swimming lesson in a professional manner and able to meet the standard of quality ordinarily to be expected of competent professional swimming coach.
15. Location. You shall have the responsibility to do due diligence in ensuring that the Condominium management allows other parties to use the condo facilities to conduct the lesson in the event you book a class which includes other parties that are not staying in the same properties.
16. Fees. Each lesson shall consist of a fix 45 minutes which the fee shall be according to the number of students per lesson. For trial class, the lesson duration will be 25 minutes and each student will pay at the stated price regardless of class size. You can pick a class of 1 for a private class of 4 however you need to ensure that you have the required number of students before paying. You shall make payment through the Poolva mobile application (iOS or Android) using your Credit Card/ Debit Card as processed by a payment gateway (Stripe). Your payment will be on hold until the administrator is able to confirm the class and location. You can choose to book the swimming lesson for a month up to 3 months. Each lessons occurs weekly and will happened on the same time slot. The lessons fees are fixed as of and are subjected to changes.
Private class per Lesson (1 student): $70 | Total Lesson Fee: $70
Private class per Lesson (2 students): $45 | Total Lesson Fee: $90
Private class per Lesson (3 students): $35 | Total Lesson Fee: $105
Private class per Lesson (4 students): $28 | Total Lesson Fee: $112
Trial class (Capped at 4 students): $28
Due to the increasing demand from the public, we would like to announce that we have opened up a special private class per Lesson for toddlers (from 1-4 years old). The lesson fees for the Toddlers Class are fixed as of and are subject to changes.
Private class per Lesson (1 toddler): $85 | Total Lesson Fee: $85
Private class per Lesson (2 toddler): $70 | Total Lesson Fee: $140
Private class per Lesson (3 toddler): $60 | Total Lesson Fee: $180
17. Reservation and Cancellation. We will not provide a replacement class upon cancellation request being approved. If you choose to cancel the class less than 72 hours prior to the class being commence, no refund will be made. No show of the lesson at the agreed time and location for the lesson shall be treated as void and we shall retain the fees for such lesson. In the event that, the number of students for a particular class cannot be met, you are still required to pay the same rate that the swimming lesson were booked for. If you choose to cancel the class more than 72 hours before the class commence, an admin fee of 5% will be deducted and the payment will be refunded to you within 30 days either by direct transfer to your account.
18. Reschedule of lessons. You are allowed to change your bookings on a case-by-case basis. Should you decide to have a larger or smaller group, you can : (a) cancel your current booking (which results in their bookings being refunded at a pro-rated rate. Pro-rated rate here means (Total Amount minus 5%)/Total number of lessons or (b) finish your current booking.
19. Poovla’s Discretion. You acknowledge that Poolva may not be able to provide the desired class that you wanted, and all decisions made by Poolva are final. You hereby acknowledge that Poolva reserve the final right to change, modify classes, bookings, refund, cancellation of classes.
20. Promotion and Incentives. We may organize any promotion or incentives which are open to all of the Clients to participate in the Promotion in a fixed period which may be set by the Company from time to time. We reserve the right to cancel or amend the Promotion and these terms and conditions without notice in the event of a catastrophe, disaster, disease, war, civil or military disturbance, act of God, act of government, lockdown, movement control or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the Promotion will be posted on our website and social media page. We reserve our rights to publish or display materials or information, including but not limited to the names of all participants for marketing, advertising and publicity purposes in any manner it deems appropriate, and participants are deemed to consent to such use with no monetary payment. By submitting your personal data, you are deemed to have consented to our Privacy Policy. For more information please visit our policy on Membership Policy
21. User Protection. You will not knowingly display, distribute, or otherwise make available the Application to any person or entity that you reasonably believe will use Application Content in any manner that would have the potential to be inconsistent with Adveron’s users’ reasonable expectations of privacy. You will not conduct and will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. You will not (and will not permit others to) use Application to target, segment, or profile any individual user, based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law.
22. Security. You will keep Application (including, where applicable, personally identifiable data) confidential and secure from unauthorized access by using industry-standard organizational and technical safeguards for such data, and with no less care than it uses in connection with securing similar data stored by Adveron. You shall immediately notify Adveron consult and cooperate with investigations, assist with any required notices, and provide any information reasonably requested by Adveron if you know of or suspects any breach of security or potential vulnerability of the Application and will promptly remedy such breach or potential vulnerability resulting from your access to the Application.
23. Username. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Adveron of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Adveron will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
24. Personal Data. Poolva shall process your data in accordance with the laws as provided in Data Protection Act 2012. You consent to provide your first name, last name, email, phone number and password for the use of mobile application. By signing the application or booking a slot for a swimming lesson for your children, you represent that you have obtained their consent for the use of their personal data for the swimming lesson.
25. Disclaimer. The Application is provided to you “as is”, with all faults and Adveron disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, noninfringement, fitness for a particular purpose, and any warranties or conditions arising out of this agreement, course of dealing or usage of trade. Adveron does not warrant that the Application or any other Adveron product or service provided hereunder will meet any of your requirements or that use of such Application or other products, or services will be error-free, uninterrupted, virus-free or secure.
26. Third Party Software. The Application may contain software licensed to Adveron from third parties including software licensed under open-source licenses (“Third-Party Software”). Additional obligations may apply to any use of Third-Party Software outside of the Licenses granted under this Agreement. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consent in relation to your use of the Third-Party Software.
27. Failure of Service. Such Third-Party Software may temporarily or permanently suspend, stop delivering or fail at delivering their services that are required for Adveron to function properly. Whether it is a consequence or not of a breach or termination of a contract by either party. Adveron disclaims any liability for the consequences of such actions by such third parties on the capabilities and operation of Adveron.
28. Limitation. In no event will Adveron be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages or any loss of use, data or profits, or damage to business or goodwill, arising out of or in connection with this agreement. In any case, Adveron’s aggregate liability for any and all claims under this agreement will not exceed SGD100.00. The foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.
29. Title. All right, title, and interest in and to the Application and documentation, along with all copyright, trademark, patent, and other intellectual property rights and know-how associated therewith, shall remain with Adveron and/or its affiliates. There are no implied licenses granted under this License Agreement, and all rights not expressly granted to you in this Agreement are reserved.
30. Ownership. The Application and Adveron marks are licensed, not sold, and Adveron retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Adveron, its affiliates and its end users retain all right, title and interest in and to the Application and Adveron marks, including all rights in patents (including all applications there for), trademarks, trade names, copyrights, trade secrets, know-how, data, and all proprietary rights under the laws of Singapore (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Adveron’s ownership of IP Rights, challenging the validity of the licenses granted herein, or otherwise copying or exploiting Adveron marks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Adveron marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Adveron, immediately assign such rights to Adveron.
31. Intellectual Property. You acknowledge and agree that all intellectual property and copyright in the Confidential Information including any documents, files and other items disclosed by and on behalf of the Adveron shall remain the property of Adveron. Accordingly, you affirm that all rights, interest, title and intellectual and/or proprietary rights in the Confidential Information shall remain at all times, the sole property of Adveron and shall not infringe, exploit, or reverse engineer the intellectual property of Adveron in any form whatsoever for personal commercial gains. Breach of this clause will constitute the breach of this Agreement and Adveron will be entitled for remedies in law and equity for the breach and damage suffered.
32. No Copying. You shall not at any time, without the Adveron’s prior written consent, copy, duplicate, record or otherwise reproduce into any documentation or literature the Trade Secrets or any such confidential materials or any confidential information of Adveron, in whole or in part, make the same available to any unauthorised person.
33. Application Improvement. We can introduce any improvement, addition, or modification of or to Application. Adveron shall not be responsible for any adverse effect that are inflicted on the Application upon such improvements.
34. Confidentiality. You may be given access to certain non-public information and specifications relating to the Application or this Agreement (“Confidential Information”), which is confidential and proprietary to Adveron. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Adveron’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.
35. Termination. Unless terminated earlier in accordance with this section, this Agreement will begin on your acceptance of the terms and conditions herein (or the first day you use the Application) and terminate immediately upon the expiration or termination. Adveron may immediately suspend your access to the Application (or if necessary, terminate this Agreement) at any time, and without notice to you, if you breach any term or condition in this Agreement or otherwise engage in activities that Adveron reasonably determines may be harmful to the Application, Adveron, its end users, or the reputation of any of the foregoing parties. Adveron will not be liable for any costs, expenses, or damages as a result of its termination of this Agreement.
36. Infringement. If you learn of any threatened or actual infringement of the Intellectual Property, or of any circumstance which suggests that the use of the Intellectual Property may infringe the intellectual property of a third party, you shall immediately inform the Adveron giving all such details as Adveron requests.
37. This Agreement are personal to you. You shall not assign or transfer to anyone any of your rights or obligations under this Agreement without our prior written consent. You agree that this Agreement may be automatically assigned by Adveron, in its sole discretion, to a third party in the event of a merger or acquisition.
38. Nothing in this Agreement shall be deemed to grant any rights or benefits to any person other than you or us.
39. Any waiver by either you or us of any right under this Agreement will be confined to the circumstance in which it is given. It shall not affect the subsequent enforcement of the same right or the enforcement of any other right.
40. This User License Agreement contain all our commitments and constitute the entire agreement between you and us in relation to your use of the Application. No other statement we make, including statements in any brochure or promotional literature published by us, may be incorporated into this agreement or have any legal effect.
41. This User License Agreement shall be governed by, and construed in accordance with, the laws of Republic of Singapore.
42. Please kindly note that where this Agreement has been translated to any other non-English language, in the event of any inconsistencies in the meaning of any provision of the English language text of this Agreement, the English language text shall prevail.
Copyright © 2022 Adveron Technologies Pte. Ltd. - All rights reserved