Terms of Use

Latest update: February 26th, 2018

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Skipodium is an online platform that connects ski schools, snowboard schools and private instructors (“the service providers”) with clients seeking to buy ski and/or snowboard lessons. By accessing and using this Site, you acknowledge that you have read, understood and agree to comply with these Terms of Use, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Skipodium.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SKI AND SNOWBOARD SCHOOLS OR INDEPENDENT INSTRUCTORS MAY CREATE SERVICE LISTINGS AND CLIENTS MAY LEARN ABOUT AND BOOK LESSONS WITH THE SERVICE PROVIDERS. SKIPODIUM IS THE INITIAL CONTRACTING PARTY WITH USERS AND FOSTERS THE RELATION BETWEEN SERVICE PROVIDERS AND USERS. YOU UNDERSTAND AND AGREE THAT SKIPODIUM IS NOT A SKI SCHOOL, SKI RESORT OR INSURER. SKIPODIUM HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS AND USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

KEY TERMS

The following terminology applies to these Terms of Use:

“The Company”, “Ourselves”, “We” and “Us”, refers to Skipodium, Inc.

“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

“Content” means text, graphics, images, music, software, audio, video, information or other materials included on the Site.

“Collective Content” means the Service Provider Content and the Skipodium Content.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Service Listings or Member profile to be made available through the Site or Services.

“Skipodium Content” means all Content that Skipodium makes available through the Site or Services, including any Content licensed from a third party, but excluding Provider Service Content.

“Client”, “You” and “Your” refers to you, the person accessing and using this website and its services (including but not limited to ski and snowboard lessons) and accepting the Company’s Terms of Use.

“Member” means a person who completes the Skipodium account registration process, including but not limited to Service Providers and Clients.

“Service Provider” means a Member who makes its services available via the Site and Services. It includes Ski and Snowboard Schools, Ski Resorts, Independent Ski and/or Snowboard Instructors.

“Service Listings” means any service that is listed by a Member on Skipodium. To make the Service Listings featured on Skipodium and available for booking via the Site and Services, the Member must agree with the “Affiliation Terms”.

“Stub User” refers to Clients without a Skipodium account who have anyways completed actions or accessed certain features of the Site and Application normally reserved to registered Clients (e.g. booking a Service).

“Terms”, “Terms & Conditions”, “T&Cs refer to this document: “Terms of Use”.

“Whitelabel” refers a cluster of pages embedded onto a website of a Service Provider or other third party, which is fully controlled and operated by Skipodium Inc.. Any indices, data, information or other material contained in the Whitelabel will be subject to these terms and by using the Whitelabel you agree to be bound by them.

MODIFICATION

Skipodium may modify the Site and its whitelabels, Services and/or the Terms of Use at any time, at its sole discretion and without prior notice. If we modify these Terms, we will notify all members via email or we will post notice of the changes on the Site as well as update the “Last Updated Date” at the top of these Terms. Amendments have immediate effect and they apply as of the date of their publication on the Site. Continued access and use of the Site or Services after we have posted notice of the modifications on the Site or we have provided you with notice of modifications via email, shall indicate your acknowledgement of such amendments and agreement to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

ELIGIBILITY

The Site, Application and Services are intended solely for persons who are 13 years old or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older. Please see Skipodium’s Privacy Policy for further information.

HOW THE SITE AND SERVICES WORK

The Site and Services can be used to facilitate the Service Listings from the Service Provider and the booking of Ski and/or Snowboard lessons from the Clients. Service Listings are made available on the Site by the Service Providers. You may view and book Service Listings as an unregistered visitor or as a Member; if you wish to proceed with the booking of a Service part of the Service Listings, you must create a Skipodium Account, otherwise Skipodium will create for you a “Stub User” Account with your available personal data.

Skipodium makes available the online platform and its related technology to Clients with the goal of viewing and booking the Services provided by the Service Providers. Unless explicitly specified otherwise in the Skipodium Platform, Skipodium’s responsibilities are limited to: (i) facilitating the availability of the Service Listings on the Site, on its whitelabels and Application and (ii) indirectly serving as the limited payment agent for the Service Provider that is offering its services to the Clients.

PLEASE NOTE THAT THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SERVICE PROVIDERS AND CLIENTS CONNECTING AND BOOKING SERVICE LISTINGS VIA OUR SITES. SKIPODIUM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE PROVIDED. SKIPODIUM CANNOT ENSURE THE LEGAL VALIDITY OF SCHOOL SUBSCRIPTION AND SERVICE.

FREE OF CHARGE

Our service is free of charge: we will not charge you for our service or add any additional fees to the Service rate.

Service Providers pay a commission to Skipodium when a booking transaction is processed.

Service Providers might choose to charge clients with a booking processing fee when a booking occurs through a Skipodium whitelabel.

ACCOUNT REGISTRATION

In order to access certain features of the Site and/or to create a Service Listing, you must create an account and become a Member. You may register directly on the Site or through certain third-party sites (including, but not limited to social media).

Your Skipodium Account will be created for your use of the Site based upon the personal information you provide to us or that we obtain via the Social Networking Sites. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Skipodium reserves the right, its sole discretion, to suspend or terminate your Skipodium Account and your access to the Site, Application and Services if you create more than one Skipodium Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.

MEMBER CONTENT

We may permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Skipodium a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. The Member will have full ownership rights over its Content without any restrictions.

STUB USER ACCOUNT

In order to offer a better user experience and a better overall navigation through our Sites, we recommend to create a Skipodium account. However, Skipodium allows Clients to complete a booking and to access certain features of the Site even without registering as Members. In such case, Skipodium reserves the right to save and store personal information, booking history and other relevant historical data that you make available to Skipodium through the Site, under your ‘Stub User’ account. Stub User data and content are not visible on the Site; however, they might be displayed and used by ourselves or by the Service Providers. Once a Stub User creates a Skipodium account to become Member, the data saved under the “Stub User” account might be matched with the newly created account. This action is intended to offer a better user-experience to the newly created account (e.g. users might not become Member initially, but eventually they do and want to trigger their full historical Skipodium data).

SERVICE LISTING

As a Member, you may create Service Listings. In order to feature your Service Listings via the Site and Services, please contact Skipodium (info@skipodium.com). We will provide you with the Affiliation Terms that regulate the Service Listings.

PAYMENT

Skipodium uses a third party to handle the payment process for Services available on the Site. The third party handles the personal data and the credit/debit card information of the Client, as well as the overall transaction process. Skipodium is not culpable and/or accountable for any inaccuracy, miscalculation and error related to the payment process.

DISCOUNTS

Discounts are applied automatically upon check-out. Unless otherwise stated, discounts are valid only for new customers when booking online on skipodium.com. Furthermore, they cannot be used in conjunction with any other offers, and must be redeemed by the date published, if provided.

CANCELLATION POLICY

By making a reservation with a Service Provider, you accept and consent to the relevant cancellation and no-show policy agreed between the Service Provider and Skipodium.

Our general cancellation policy states that one Client is entitled to cancel his/her booking up to 48 hours before the lesson, free of charge. Written notice must be sent via email to info@skipodium.com and should include all necessary information to individuate the booking. If the Client cancels a lesson between 48 and 0 hours before the lesson, or if he/she does not attend the lesson without cancelling, he/she will be charged with the full lesson price and therefore not entitled to any refund.

In case the service provider cancels a booked lesson due to external circumstances that significantly impede or compromise carry out the service (severe weather conditions, terrorism, public health issues, disaster of all types), the refund policy will follow the standard policy of the Service Provider.

In case of overbooking / unavailability of a certain lesson or instructor, the Client might be assigned to a different lesson or instructor other than the one originally booked via Skipodium. The Client must be aware that he/she does not qualify for any refund. The re-assignment of a lesson or instructor by the school is univocal and definitive.

All bookings are final and cannot be transferred to another person.

INTELLECTUAL PROPERTY RIGHTS

The Client acknowledges that Skipodium and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of Skipodium or embodied in the Skipodium Websites, including but not limited to the Skipodium logo and Content. The Client shall not (directly or indirectly) include, use, combine, exploit, or incorporate the Skipodium Trademark, Data and Content with its own content, or with the content of any direct or indirect competitors of Skipodium.

You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand unless explicitly specified by us in written form.

PRIVACY STATEMENT

We are committed to protecting your privacy and confidentiality. We maintain data handling and storage practices and procedures that are designed to ensure the integrity and confidentiality of customer information. Creating and maintaining a safe and a secure online environment for your Personally Identifiable Information is a top priority at Skipodium. When entering sensitive information such as credit card number and login credentials, we encrypt that information using Secure Sockets Layer technology (SSL).

We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.

If you have any questions about security on our Sites, please send us an e-mail: info@skipodium.com.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

See the full Privacy Policy that governs Skipodium’s collection and use of your personal information.

DISCLAIMER

Subject to the limitations set out in these Terms and to the extent permitted by law, we shall only be liable for direct damages suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services.

However Skipodium makes no warranty that the Site, Services, Collective Content, including, but not limited to the Service Listings, will meet your requirements or be available on an interrupted, secure, bug-free basis.

Skipodium also makes no warranty regarding the quality of the Service listings, Service providers, Collective Content and its accuracy, truthfulness, completeness or reliability obtained through the Site and/or the Service.

Skipodium does not make any attempt to review or to try any service provided by the Service Providers. Skipodium makes no representation or warranties as to the conduct of users on the Site and/or Services.

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Skipodium is not responsible or liable for the availability or accuracy of such websites or resources, their content, products, or services.

By uploading photos/images onto Skipodium you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Skipodium may use the uploaded photos/images on its Site and/or Service as well as in promotional materials and publications and as Skipodium at its discretion sees a fit. By uploading the picture(s) you accept full legal and moral responsibility of any and all legal claims that are made by any third parties.

USER DATA

We use IP addresses to analyse trends, administer the site, as well as pixels to track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission. Please see Skipodium’s Privacy Policy for further information.

COOKIES

The Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used on Skipodium Site to enable specific functionalities and ease of use for those users visiting. Please see Skipodium’s Privacy Policy for further information.

COMMUNICATION

Contact information can be found in the “Contact Us” section on our website. We can be also reached out at info@skipodium.com.

GOVERNING LAW

The resolution of all disputes arising out of these terms and conditions shall be governed by Delaware law without giving effect to the principles of conflict of laws thereof. By accessing this website and buying the products displayed on the website,you hereby consent to the personal jurisdiction of, and any service of process relating to actions in, the courts of the State of Delaware and the United States District Court for the State of Delaware respect to any disputes or claims arising under these terms and conditions or out of the relationship of the parties established hereunder.