Terms of Use

These Terms of Use (“Terms”) were last updated on August 21, 2020.

EZY’s mission is to improve lives through learning. We enable anyone to enroll into a professional swim program at a very affordable price. We consider our marketplace model the best way to offer valuable educational content to our students. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the EZY website, the EZY mobile applications, other related services (“Services”).

1. Course Enrollment Terms

• Trial Lesson is strictly for first time customer only.

• All customers ≤ 14 years requires an accompanying adult (> 19 years) to attend the trial lesson together.

• Each student is required to select three (3) options for the trial class schedule. EZY SWIMMING ACADEMY has the final right to set the timing for trial class.

• After the timing for trial slot has been determined, do be punctual. Customers who are late for more than 10 minutes will not be allowed to join the Trial Lesson. We are not obligated to reschedule the lesson and it will be forfeited with no refund.

• The booking will only be treated as completed after payment has been made.

• Our customer service team shall contact you within two (2) working days for schedule confirmation once the trial class booking has been completed.

• Other terms & conditions apply, and the Management reserves the right to change any of terms and conditions without prior notice.

• Trial class is strictly non-transferrable.

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2. Payments, Credits, and Refunds

– When you make a payment, you agree to use a valid payment method. Refund and rescheduling of Trial Lesson is strictly not allowed.

3. Pricing

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout).

4. Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. EZY works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.

5. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

5.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with EZY. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

5.2 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless EZY, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

5.3 Governing Law and Jurisdiction

These Terms are governed by the laws of the Malaysia without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Malaysia.

5.4 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to ezywatersport@gmail.com).

5.5 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

6. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue.

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team by emailing to ezywatersport@gmail.com

7. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and EZY reserves the right in its sole discretion to modify and/or make changes to these Terms at any time.Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

8. How to Contact Us

The best way to get in touch with us is to contact our Support Team by emailing to ezywatersport@gmail.com or call +60 18 3634 627. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching and learning with us!

9. Waiver and Release of Liability

A. By participating in any of the lessons (including trial lessons), classes, courses, events, programmes and activities (collectively, the “Activities”) organised or conducted by EZY SWIMMING ACADEMY, EZY WATER SPORT SDN BHD. and/or any of its affiliates (collectively, “EZY SWIM or EZY SWIMMING or EZY”), and/or using any swimming pool and/or its amenities owned, operated or managed by EZY SWIMMING ACADEMY (collectively, the “Venues”), you acknowledge and agree, on behalf of yourself and (if applicable) your child (including any unborn child in the case of pregnancy) or ward below the age of eighteen (18) (collectively, “Child”) as his/her parent, legal guardian or custodian, that you have read, accepted and agree to be bound by the following terms in this Waiver.

B. You hereby represent and warrant that:

1. you have attained eighteen (18) years of age and accept and agree to this Waiver on behalf of yourself and (if applicable) your Child below the age of eighteen (18) as his/her parent, legal guardian or custodian;
2. (if applicable) you have full legal authority as the parent, legal guardian or custodian of your Child to accept the terms of this Waiver on his/her behalf; and
3. (i) you and/or your Child are physically and medically fit to participate in the Activities, (ii) save to the extent declared to EZY SWIM in accordance with the terms herein, you and/or your Child do not suffer from any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities, and (iii) in relation to any known pre-existing medical condition that you and/or your Child may have, you have obtained medical clearance from a licensed medical or healthcare practitioner confirming that you and/or your Child are fit to participate in the Activities.

C. You must declare to EZY SWIM any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities. Such declaration shall be made prior to enrollment, or if such illness, condition or disability arises after enrollment, immediately upon its discovery, in writing by email to ezywatersport@gmail.com. EZY SWIM reserves the right in its sole and absolute discretion to require that you and/or your Child be withdrawn from the Activities.

D. You acknowledge that participating in the Activities and/or use of the Venues will involve certain risks, including without limitation injury, permanent paralysis and death. You hereby accept and voluntarily assume all risks, dangers and hazards, both known and unknown, of injuries or other loss or damage of any kind that may be suffered by you and/or your Child while using any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities. The risks, dangers and hazards include without limitation injuries or illnesses from the sport of swimming or other pool activities, extended time underwater, spending extended periods in chlorinated water, entering the water by either diving or jumping, vigorous physical exertion, dry land training, contact with other participants or equipment, exacerbation or aggravation of pre-existing medical conditions, lack of fitness, or exposure to infectious diseases (including through contact with persons who may have been exposed to such diseases or with contaminated surfaces, or waterborne, airborne, droplet or other environmental transmission).

E. You agree that EZY SWIM and their respective directors, officers, employees, agents and representatives (collectively, the “Relevant Persons”) shall not be liable or responsible for any personal injury, property damage, expense, loss of income or loss of any kind suffered by you and/or your Child arising directly or indirectly from the use of any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith.

F. You, on behalf of yourself and (if applicable) your Child and to the fullest extent permitted by applicable law, hereby waive, discharge and release each of the Relevant Persons in respect of any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential damages), losses, liabilities, actions, judgments, and costs (including legal fees) which has accrued or will accrue in future (“Claims”) against any of the Relevant Persons which arise from or otherwise relate to the participation by you and/or your Child in the Activities, the use of any of the Venues by you and/or your Child for any purpose, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith. Nothing in this Waiver shall exclude or limit the liability of the Relevant Persons for death or personal injury to the extent such death or personal injury is caused by the negligence of the Relevant Persons, or for any matter which would be unlawful for the Relevant Persons to exclude or limit.

G. You hereby indemnify and hold harmless each of the Relevant Persons from any and all Claims arising from or otherwise relating to the use of any of the Venues by you and/or your Child for any purpose.

H. Each of the terms of this Waiver shall apply to the fullest extent permitted under applicable law. The illegality, invalidity or unenforceability of any provision (or part thereof) of this Waiver under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of the remainder of such provision or any other provision.

I. A person who is not party to this Waiver has no rights under the Contracts (Rights of Third Parties) Act 199 to enforce any term of this Waiver, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

J. This Waiver shall be governed by, and construed in accordance with, the laws of Malaysia. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.