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Terms & Conditions

A LEGAL DISCLAIMER

Terms and Conditions

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Last updated: 03-04-2025

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Please read these terms and conditions carefully before using the Aquaswing product and services operated by Aquaswing.

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Acceptance of Terms

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By using the Aquaswing product and services, you agree to abide by these terms and conditions. If you do not agree with any part of these terms, you may not use the product or access our services.

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Use of the Aquaswing

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  • The Aquaswing product is designed for workout and exercise purposes. It is your responsibility to use the product in a safe and appropriate manner.

  • You acknowledge that improper use of the Aquaswing may result in injury or damage. You agree to use the product responsibly and follow all provided guidelines and instructions.

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Limitation of Liability

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  • Aquaswing shall not be held liable for any injuries, accidents, or damages that result from the use of the Aquaswing product. You assume all risks associated with its use.

  • In no event shall Aquaswing be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the product.

  • This includes but is not limited to only water related damage. 

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Indemnification

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  • You agree to indemnify and hold Aquaswing harmless from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Aquaswing product or violation of these terms.

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Disclaimer of Warranty

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  • The Aquaswing product is provided "as is" without warranties of any kind, either expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

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Non-Competition Clause

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  • By purchasing an Aquaswing, regardless of the price, receiving it for free, or participating in a membership on this website, whether acquired as a gift or through purchase, and by agreeing to its delivery, the user agrees to the terms of this non-competition clause.

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Prohibition on Replication and Resale

  • After purchasing, receiving, or using the Aquaswing, including but not limited to participating in the membership on this website, the buyer/user is strictly prohibited from:

Replicating, reproducing, or modifying the Aquaswing in any form.

Reselling or distributing the Aquaswing or website files to third parties without explicit written permission from Waterpower/Aquaswing.

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Prohibition on Sharing Movement Techniques and Video's or Files.

  • It is strictly prohibited to share, disclose, distribute, or teach the movements and techniques and videos and or files related to the Aquaswing, the programs or other relevant information, as demonstrated or taught on this website, without explicit written permission from Waterpower/Aquaswing. This applies regardless of whether the use is for commercial or non-profit purposes.

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Violation and Penalty

  • In the event of a violation of this non-competition clause, the violator shall, without further notice of default, be liable to pay an immediately enforceable penalty of:

 

This is without prejudice to the right of Waterpower/Aquaswing to claim full compensation for damages and pursue other legal measures.

- €5,000 per day for consumers;

- €25,000 per day for businesses, corporations and any form of registered legal entity.

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Modification of Terms

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Governing Law

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  • These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands. Any legal action arising out of these terms shall be filed in the courts located in Noord Holland.

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  • However, in case of copyright or intellectual infringement as described in Prohibition on Replication and Resale and Prohibition on Sharing Movement Techniques and Video's or Files and Violation and Penalty, or other practice that results in economic and or intellectual and or any other detrimental loss for Aquaswing/Waterpower the applicable law for these terms and conditions can be the local law of the offender. 

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Contact Information

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If you have any questions or concerns about these terms and conditions, please contact us.

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