Information about My Freediving Instructor

Terms of use

Terms of use

→ Annotations: the annotations preceded by an arrow and written in italic contain a short explanation but are not legally binding.

Foreword


Our apologies in advance for this long document, it had to be written accordingly to certain legal statements, so that it be approved by our lawyer. 

There is no important information hidden in these terms of use and, to make it easier for you, we have put together the following summary:

  • We operate the present platform to the best of our abilities and in good faith, to the benefit of all its users and the one of the Apnea Green Organization.
 
  • We guarantee that all professional profiles be verified before publishing any course listing on the platform, and maintain a system in place to make sure students can at any time verify that their instructor has updated or renewed all necessary documents, in order to maintain the highest standards of safety at all times.
 
  • Once a transaction is in process between a student and an instructor, PayPal offers protection to the parties involved. Any cancellation, claim or dispute should be dealt with through them.  
 
  • Important: instructors must present genuine information in their course listings about the course that will be received by their students. Just like any product or service, if the buyer - and PayPal - considers it as significantly not as described, the instructor is at risk of a dispute.  For example, do not upload pictures of your students wearing Alchemy carbon fins and Orca wetsuits, having a great time in an unlimited pool with sea view if you plan to provide plastic fins, scuba wetsuits, and run the pool session inside^^  
        →  it doesn't have to be that extreme, and this point has to be taken seriously 

  • Unless specified otherwise, all prices include educational material, freediving material, and certification. You can list additional elements along with their price, in the course listing if you want. Should you provide insurance for students or offer to take pictures and videos, please include it in the price or mention its additional cost.  
 
  • My Freediving Instructor is not a freediving school.

  • By using our services, the instructors agree to comply with all relevant regulations and laws in place where they work, including but not limited to : visa, work, and tax regulations. Our liability couldn't be engaged should an instructor fail to meet these obligations.
 
  • The Apnea Green Organization Inc.’s liability is limited to providing a marketplace for certified freediving professionals to sell their services, and for students to book courses or coaching programs through safe online payment provided by PayPal. 
 
  • Please refrain from using material (photos or videos) that would not be yours or which you would not have the rights to use. You can add a Youtube video if it's not misleading and you believe it appropriately helps you illustrate a point, but you cannot upload pictures of an underwater photographer and present them as yours, or upload a video that wouldn't be yours without mentioning the material credits.   
 
  • Please use your real name when creating your account. Should any transaction be processed or listing posted, your identity will be verified anyway through either PayPal or us while reviewing instructors' ID or certification.


Where will your money go?

Every time a course is sold through this platform, 5% of the amount received by the instructor is donated to Apnea Green.

Any profit generated through the platform will be used as follows:

  • 60% will go to Apnea Green for its programs and its (strictly necessary) operational fees, such as annual mayor's permit, bookkeeping and so on.
  • 40% will be used to manage and expand the marketplace.

Here are the five programs that will benefit from the funding:


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Release of Liability

By using My Freediving Instructor, you certify that you understand that your participation, direct or indirect, in any freediving course or program you might book or teach does not entitle you to any legal rights or action as a result of any accident or incident that could happen during such event.

Furthermore, you understand that freediving or any type or form of immersion in the water needed for such a course or program is an inherently dangerous activity.

You also understand that your participation in this event does not entitle you to any kind of compensation.

Finally, by using My Freediving Instructor, you testify that you will not, under any circumstance, proceed legally against any of the members of the Apnea Green Organization Inc., or against the organization itself.


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Terms of use

My Freediving Instructor is run through the Apnea Green Organization Inc., a non-stock, non-profit environmental organization that acts to protect marine resources and to benefit local communities in the Philippines.

The Apnea Green Organization Inc. is a private non-profit organization with limited liability established and existing under the laws of the Philippines, having its registered office in KN Plaza, 0676 V. P. Inting Avenue, Bool District in Tagbilaran City 6300 registered under the Revised Corporation Code of the Philippines (Republic Act No. 11232). 

We operate the present website in order to enable freediving instructors to live off their work more easily, share the passion of freediving, finance the operations of Apnea Green in the Philippines and help make freediving courses worldwide affordable, enjoyable, and safe. All profit made through the commissions of this site is for the benefit of Apnea Green, to finance its programs and the present platform.


***
 

1. General

1.1. The present terms of use apply to every use made of the platform. On the platform, as developed by the Apnea Green Organization Inc., you can find, compare and book freediving courses and coaching programs anywhere in the world.

1.2. If you keep using the platform after the terms of use have been amended/supplemented, you unconditionally agree to the amended/supplemented terms of use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the platform.
→ we do not plan on changing anything at this stage but any change to the terms of use will be communicated by email at least two weeks beforehand to all users.

1.3. To the best of its ability, the Apnea Green Organization will make efforts to provide the platform with due care. You accept that the platform only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). 

1.4. The Apnea Green Organization Inc. is at all times and without any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform. Please be aware that your use of our platform is for your own risk and responsibility.
→ It might be necessary for us at some point to make changes or improvements to our services on the platform, by editing filters, adding functionalities and so on. However, we will do everything we can to make sure your use of the platform goes as smoothly as possible. Said differently: unless an unintentional mistake is made on our side editing the back end of the site, you shouldn't notice anything but new functionalities appearing when you edit a new listing or make a new search as a student. Please keep a copy of your course listings on your own computer
 

2. Use of the Platform

2.1. In using the Platform, you can view all offers published by freediving instructors (these offers are referred to as "courses" or "coaching programs"), book a course with the instructor and write mutual reviews. A booking placed through the Platform forms a binding agreement between the student and the instructor if the instructor accepts your booking. Messages exchanged through the "Contact" tab, however, are non-binding. 

2.2. The freediving courses and coaching programs are subject to the terms and conditions, as well as all agreements between you and the instructor. The Apnea Green Organization Inc. shall never become a party to an agreement between an instructor and a student. We advise you to carefully read the instructor’s courses listing. The Apnea Green Organization Inc. accepts no responsibility whatsoever for any decisions made by any party based on the content of the Platform and/or the instructors on the Platform, unless stated otherwise in these Terms of Use.
→ in exchange for its fees, PayPal offers protection to the parties using its services. Should any problem arise that couldn't be solved between an instructor and a student amicably, please make use of PayPal protection services. 

2.3. The student and the instructor are solely responsible for the correct performance and execution of a booking, which – from the student side – includes the correct provision of the required information in making a booking. 

2.4. You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the platform, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify the Apnea Green Organization Inc. from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the platform.
→ some tolerance might be applied on April 1 and/or 20^^

2.5 When using our platform you shall adhere to the following rules. You may not:
a. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the platform or make it unavailable or inaccessible;
b. deliberately involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the platform;
c. reproduce or decompile the platform or apply reverse engineering to it, unless permitted by mandatory law;
d. remove and/or circumvent security measures or technical limitations (including limitations to the use) of the platform.

2.6. The service provider has the right to remove any users from My Freediving Instructor and terminate their right of use of the service without any specific reason and without being liable for compensation.
→ In practice this would concern, without being restricted to: any user who would abuse the present terms of services, any instructor who would be reported as unsafe by his/her students, or would receive a series of bad reviews from his/her students and would fail to provide an explanation as of why it happened, or any user who would use the platform to market courses but would act to go around its payment system. All cases of removal will be considered carefully before being acted upon, and all parties will have the ability to have their opinion expressed before any decision is made.  

2.7. The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.  All relevant documents to offer freediving courses (including IDs, freediving certifications or First Aid & CPR certifications etc.) can be used to ascertain the identity of the users. Only the names listed on your official ID documents can be used to create an account in this marketplace.

2.8. No guarantees of the functioning of My Freediving Instructor's service are given.
→ We chose the best software and web hosting providers available to work with, but if for any reason our platform is down our liability couldn’t be engaged.

2.9. Even though PayPal offers protection to its users, the users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. 
→ PayPal offers protection to those who buy (the students) and sell (the instructors), and we systematically verify all professional profiles through documents such as instructor ID or certification. In the unlikely event that a forged document would be provided, the user would be banned indefinitely and all relevant information concerning the user will be provided to the relevant federation(s) and/or authorities

2.10. The user may not store any information or data in the service, and expect it to remain there.
→ Your data is stored with reliable software and web hosting  providers, but our liability couldn’t be engaged should our platform malfunction at some point. Please make a copy of your course listing(s) on your own computer in the unlikely event of a data loss.

2.11. My Freediving Instructor is not a freediving school. Its services consist in the marketing of freediving courses offered by third party instructors, the proper vetting of all sellers as professional freediving instructors, and the thorough management of the marketplace and of its services.
By using our services, sellers (the instructors) agree to comply with all relevant regulations and laws in the country where they work, including but not limited to : visa, work and tax regulations. Our liability couldn't be engaged should an instructor fail to meet these obligations.   

3. Prices and Payment

3.1. The use of the Platform is free of charge for students. Instructors charge their own fees for the courses or coaching programs. Please be aware that as a student you might owe the Instructor the fees in case you make a booking. We have no influence on, are not involved in and are not liable for the transactions through PayPal.
→ again, PayPal offers complete buyers protection, so this should never be an issue. 

3.2. By using our services instructors marketing their services through our platform agree to pay a 5% commission on the total price of their transactions. This commission is included in the listed price. Please compute the course price accordingly to match the amount that you wish to receive after deduction of the platform fees (5%) and PayPal seller fees (between 2 and 4% depending on your country).
                     

4. IP Rights

4.1. All intellectual property rights relating to the platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to know-how ("IP Rights"), are owned by the Apnea Green Organization Inc. Nothing in these terms of use constitutes the transfer of any IP Rights from the Apnea Green Organization Inc. to you. You are solely granted a right to use the platform if you act in accordance with the terms of use.

4.2. By uploading reviews and other content, you grant the Apnea Green Organization Inc. a royalty-free, worldwide right to reproduce this content and make it available on the Platform.

4.3. You indemnify the Apnea Green Organization Inc. against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.
Please respect intellectual property rights on the platform and refrain from using any material (photo, video and so on) that you would not have the rights to use. The material displayed in your listing should portray your own courses, be material provided by your own freediving federation to be used by its instructors, or videos that can be shared with proper credits.
 

5. Privacy

5.1. In order to make use of the platform it is required that you provide the Apnea Green Organization Inc. with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy. The Apnea Green Organization Inc. only uses your personal data in accordance with the privacy policy.
We take your privacy seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After booking a course the instructor is responsible for the handling of the student personal information.

 
6. Liability

6.1. The Apnea Green Organization Inc.’s liability is limited to providing a market place for certified freediving professionals to sell their services, and for students to book courses or coaching programs through safe online payment provided by PayPal. All liability is subject to the present terms of use.
 

7. Warranties and indemnifications

7.1. Except as expressly provided in these terms of use, the Apnea Green Organization Inc. makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the platform. Furthermore, the Apnea Green Organization Inc. does not guarantee that the platform shall lead to a successful course or to the achievement of any skills, or levels related to a particular course or coaching.
→ again, in the unlikely event the advertised services would fail to be provided, PayPal offers protection to the parties. 

7.2. The conclusion and performance of course bookings, including any payment obligation resulting therefrom, as well as the cancellation of course bookings is the sole responsibility of you and your instructor. You indemnify the Apnea Green Organization Inc. from all claims submitted by an instructor or a third party that relates to bookings made by you with that specific instructor, as well as to the payment of such booking. 

7.3      You guarantee that you will not use the Platform in a way that:
a. infringes the rights of the Apnea Green Organization Inc. or third parties such as other users or instructors, including but not limited to IP Rights or rights related to the protection of privacy;
b. is contrary to any current legislation or regulations; or
c. is contrary to any provision in these terms of use.
Please be aware that your use of our platform is for your own risk and responsibility.

8. Unlawful content

8.1. The Apnea Green Organization Inc. is not responsible for any copyrighted content made available on the platform. All users are required to provide only pictures and material that are theirs, or of which they possess the rights of use. 
→ please let us know if you own the rights to a photo or video that is being used on our platform without your consent and wish to take it offline.
 

Applicable law and competent court 

9.1 These terms and conditions and the use of the platform are governed by the law of the Philippines.

9.2 Any and all disputes arising from or related to any agreement between parties will be brought before the competent court in the country.
in practice, all claims and disputes that cannot be solved between parties will be solved through PayPal
→ please note that all users do have the right though to bring a case to a Filipino court, to defend themselves against any user of this platform or external party. This would obviously be restricted to (highly) unlikely events such as violence, threat, extortion, gross misconduct, or any deliberate attempt to harm the interest of any party involved in this platform, of the platform itself, or of  its administrators.
→ should any party be found guilty of such a crime, please note that a Filipino court order can lead to sanctions such as the placement of an individual on a national, or regional No Fly List, or to any other measure the court will decide.