Terms of Use
**Effective Date: July 26, 2025**
These Terms of Use ("Terms") govern your access to and use of the website www.foillifepodcast.com (the "Site"), operated by Foil Life Podcast, owned by Downwinder Watersports and based in Ontario, Canada. The Site provides podcast episodes, blog articles, gear reviews, event promotions (e.g., Ottawa wing foil demo days), and booking facilitation for foiling camps, lessons, and trips (e.g., Maui, Tarifa, France, Hood River, Argentina, Germany). We act as a platform, similar to Airbnb, connecting users with third-party providers (e.g., foiling schools, camp operators).
By accessing or using the Site or our services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Site or Services. We may update these Terms at any time; continued use constitutes acceptance of changes.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Site, you represent that you meet this requirement and have the authority to enter into these Terms.
2. User Accounts and Conduct
- **Accounts**: You may need to provide information (e.g., name, email) for bookings or inquiries. You are responsible for maintaining the confidentiality of any account details and for all activities under your account.
- **Prohibited Conduct**: You agree not to:
- Use the Site for unlawful purposes or in violation of any law.
- Post harmful, defamatory, or infringing content (e.g., via voice messages or contact forms).
- Interfere with the Site's operation (e.g., hacking, viruses).
- Misrepresent your identity or affiliation.
- Collect data from the Site without permission (e.g., scraping).
- Use the Services for commercial purposes without our consent.
- We reserve the right to suspend or terminate access for violations.
3. Bookings, Payments, and Services
- **Our Role**: We facilitate bookings for third-party providers but do not operate camps, lessons, or events. Providers handle all delivery, safety, and liability.
- **Payments**: Bookings may require payment via Stripe or PayPal. We do not store credit card information; processors handle transactions securely. You authorize us to charge for bookings and remit to providers (minus our fee).
- **Cancellations and Refunds**: Subject to provider policies. We are not liable for refunds or changes.
- **User Responsibilities**: Provide accurate information for bookings. Comply with provider rules, obtain necessary insurance, and acknowledge risks of foiling activities.
4. Intellectual Property
- **Ownership**: All content on the Site (e.g., podcast episodes, blogs, gear reviews, videos) is owned by us, our licensors, or guests (e.g., Luc Moore). You may not reproduce, distribute, or create derivative works without written permission.
- **User Content**: By submitting content (e.g., voice messages, reviews), you grant us a non-exclusive, royalty-free license to use, display, and distribute it. You represent that your content does not infringe third-party rights.
- **Trademarks**: "Foil Life Podcast" and related marks are our property. Do not use without permission.
5. Third-Party Links and Services
The Site may contain links to third-party sites (e.g., YouTube, Spotify embeds, sponsors like ON Kiteboarding or Surf Foil World Tour) or embeds. We are not responsible for their content, privacy practices, or availability. Use at your own risk.
6. Disclaimer of Warranties
The Site and Services are provided "as is" without warranties of any kind, express or implied, including accuracy, reliability, or fitness for a particular purpose. We do not guarantee uninterrupted access or error-free operation.
7. Limitation of Liability
To the fullest extent permitted by law, Foil Life Podcast, Downwinder Watersports, its owners, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or Services, even if advised of the possibility. This includes, but is not limited to:
- Content inaccuracies or reliance thereon.
- Issues with bookings, providers, or payments.
- Inherent risks of foiling or adventure activities.
Our total liability shall not exceed the amount you paid us in the preceding 12 months (if any).
8. Indemnification
You agree to indemnify and hold harmless Foil Life Podcast, Downwinder Watersports, and its affiliates from any claims, losses, or damages arising from your use of the Site/Services, violation of these Terms, or infringement of third-party rights.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Ontario, Canada. You waive any objection to venue or jurisdiction.
10. Miscellaneous
- **Severability**: If any provision is unenforceable, the remainder remains in effect.
- **Waiver**: No waiver of any term is binding unless in writing.
- **Entire Agreement**: These Terms, along with our Privacy Policy and Disclaimer, constitute the full agreement.
- **Force Majeure**: We are not liable for delays due to events beyond our control (e.g., natural disasters, pandemics).
For questions, contact us at info@foillifepodcast.com or via the /contact page on the Site.