Terms & Conditions

AGREEMENT TO OUR LEGAL TERMS

Competent Swimming Limited, registered in England and Wales under company number 16413380, operates the website https://www.competentswimming.co.uk and related services.

Contact: Phone 0121 6636 192 or email support@competentswimming.co.uk

These Legal Terms form a binding agreement. By accessing or using the Services, you confirm you have read and agree to be bound by them. "IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY."

By creating an account, booking lessons, or completing payment, you confirm acceptance. The company reserves the right to modify these terms, with changes indicated by updating the "Last updated" date. You waive the right to receive specific notice of changes.

Services are intended for users at least 13 years old. Minors must have parent or guardian permission and supervision.

TABLE OF CONTENTS

1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. PURCHASES AND PAYMENT 5. REFUNDS, CREDITS AND CANCELLATION POLICY 6. PROHIBITED ACTIVITIES 7. USER GENERATED CONTRIBUTIONS 8. CONTRIBUTION LICENCE 9. SERVICES MANAGEMENT 10. TERM AND TERMINATION 11. MODIFICATIONS AND INTERRUPTIONS 12. GOVERNING LAW 13. DISPUTE RESOLUTION 14. CORRECTIONS 15. DISCLAIMER 16. LIMITATIONS OF LIABILITY 17. INDEMNIFICATION 18. USER DATA 19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 20. MISCELLANEOUS 21. CANCELLATION OF LESSONS BY COMPETENT SWIMMING 22. BOOKING FORM RESPONSIBILITY 23. CONTACT US

1. OUR SERVICES

Information provided through the Services is not intended for distribution in jurisdictions where such distribution would violate law or create registration requirements. Users accessing from other locations are solely responsible for local law compliance.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

Competent Swimming owns or licenses all intellectual property rights in the Services, including "all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics" and associated trademarks and logos.

Content and marks are protected by UK and international copyright and trademark laws. Third-party intellectual property attributions are listed at www.competentswimming.co.uk/attribution.

Content and marks are provided "AS IS" for personal, non-commercial use only.

Your use of our Services

Subject to compliance with these Legal Terms, users receive a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print Content portions for personal, non-commercial use only

No part of the Services, Content, or Marks may be "copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission."

Requests for other uses should be sent to support@competentswimming.co.uk. When permission is granted, users must identify Competent Swimming as the owner or licensor.

All rights not expressly granted are reserved. Intellectual property violations constitute material breach, immediately terminating use rights.

Your submissions

Users sending questions, comments, suggestions, ideas, feedback, or other information ("Submissions") agree, to the extent permissible by law, to assign all intellectual property rights to Competent Swimming. Users waive moral rights and agree the company shall own Submissions and be entitled to "unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation."

By submitting content through the Services, users:

• Confirm reading and agreement with the Prohibited Activities section and commit not to post illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading content;
• Waive moral rights to Submissions;
• Warrant Submissions are original or they possess necessary rights and licenses, with full authority to grant company rights; and
• Warrant Submissions do not constitute confidential information

Users are solely responsible for Submissions and agree to reimburse the company for losses from breaching these terms, infringing third-party rights, or violating law.

3. USER REPRESENTATIONS

By using the Services, users represent and warrant:

(1) They have legal capacity to enter and comply with these Legal Terms;

(2) They are not under 13 years old;

(3) If a minor in their jurisdiction, they have parental/guardian permission and agreement;

(4) They will not use automated or non-human access methods;

(5) They will not use Services for illegal purposes;

(6) Their use will not violate applicable law; all provided information is true, accurate, current, and complete; and

(7) Where booking lessons for children or others, they are authorized and can provide personal information

If information is untrue, inaccurate, not current, or incomplete, the company may suspend or terminate accounts and refuse all current or future service use.

4. PURCHASES AND PAYMENT

Payment processing (Stripe)

Stripe is the third-party payment processor handling payments. The company does not store full card details. Stripe processes payment information per its terms and privacy policy.

Accepted payment methods (as available): Visa, Mastercard, Apple Pay, Google Pay, Klarna, Revolut Pay.

Users agree to provide current, complete, accurate purchase and account information and promptly update account details to enable transactions and contact.

Applicable taxes are added to purchase prices as required. The company may change prices anytime; for active lesson cycle plans, per-lesson price changes apply only to future cycles after notification. All payments are in British Pounds Sterling (GBP).

Taster Lesson (one-off purchase)

The Taster Lesson is for new customers only. Taster Lesson price is shown at checkout. Payment is taken in full at booking through Stripe. It does not create ongoing subscription, though users may later choose lesson cycle plans.

Lesson Cycle Plans (Starter, Tidebreaker, Hydromaster)

Ongoing lesson cycle plans are offered on a "per student" basis:

• Starter Plan – 4-lesson cycle
• Tidebreaker Plan – 8-lesson cycle
• Hydromaster Plan – 12-lesson cycle

Each plan sets per-lesson price, fixed lesson quantity, and additional features. Users see per-lesson price, lesson count, and total cycle amount before confirming selection.

Enrolling in a Lesson Cycle Plan constitutes agreement to ongoing subscription continuing cycle-to-cycle until cancellation per these Legal Terms.

When and how you are charged for Lesson Cycle Plans

Payment for Lesson Cycle Plans is taken "in arrears" based on actual usage per cycle:

(a) Users authorize Stripe to store payment method details and automatically charge for total cycle price once the final lesson in that cycle completes;

(b) The company normally emails notification approximately 72 hours before payment collection. While the company aims to send notifications, "your obligation to pay for lessons that have been provided does not depend on receiving the reminder email"; and

(c) By allowing lessons under a Lesson Cycle Plan, users agree to pay for all delivered lessons at the applicable per-lesson rate.

Your 30-day cancellation notice

Users may cancel Lesson Cycle Plans anytime by emailing support@competentswimming.co.uk or contacting via dashboard. A minimum "30-day notice period" applies.

Cancellation takes effect at the 30-day period's end. Users remain responsible for paying lessons during the notice period and for any already-delivered but uncharged cycles. Cancellation doesn't entitle refunds of amounts already paid, but users may receive lesson credits per below.

Pausing your plan and lesson credits

The company may allow Lesson Cycle Plan pauses (e.g., for holidays or illness). Where pausing is agreed:

(a) New lessons stop being scheduled during the pause period;

(b) Any unused pre-paid lessons or credits become "credits," where 1 credit equals 1 lesson; and

(c) Credits expire 12 months from pause date or credit grant date (whichever is later) and are "non-refundable" with no cash value, "cannot be exchanged for money." Unless expressly agreed otherwise, credits apply only to the original student or family account, cannot be sold or transferred.

Rescheduling and missed lessons

To reschedule booked lessons, users must contact the company at least "72 hours" before scheduled start time (by email or dashboard where available). With 72+ hours' notice:

(a) The company offers rescheduling to another available time; or

(b) At company discretion, the lesson converts to an account credit for future use.

With less than 72 hours' notice or non-attendance without notice, the company is not obliged to reschedule or credit, and users may lose the lesson. However, the company may, at sole discretion, offer rescheduling or credit in exceptional circumstances.

No refunds (credit-only approach) and statutory rights

Except as expressly stated in these Legal Terms or where law requires, "all payments made for Taster Lessons and Lesson Cycle Plans are non-refundable." Where the company agrees to cancel lessons or plans at user request, it normally provides lesson credits rather than cash refund.

These Legal Terms do not affect statutory rights under applicable consumer law, including refund rights that cannot lawfully be excluded or limited.

Failed payments and suspension

If Stripe cannot collect payment when due (after cycle completion), Stripe automatically retries for a short period (currently up to 3 days). If payment still cannot be collected:

(a) The company may contact users for updated payment details and outstanding payment arrangement;

(b) It may suspend or cancel future unbilled lessons or bookings; and

(c) It may cancel Lesson Cycle Plans and recover outstanding sums for already-provided lessons using lawful collection methods.

By providing a payment method, users represent and warrant authorization to use it and authorize Stripe, acting on the company's behalf, to charge it for all amounts due, including completed cycles and agreed credits or adjustments.

Order refusal and limits

The company reserves the right to refuse any order or booking. It may, at sole discretion, limit or cancel lessons or plans per person, household, student, or order, including orders under the same account, with the same payment method, or using identical billing details. The company also reserves the right to limit or prohibit orders appearing to be placed for improper, abusive, or fraudulent purposes.

5. REFUNDS, CREDITS AND CANCELLATION POLICY

5.1 Statutory cancellation rights (cooling-off period)

(a) Consumers booking Services online or by distance means may have a legal right to cancel within 14 days without reason (the "cooling-off period").

(b) The cooling-off period normally ends 14 days after the company's booking confirmation email.

(c) If users ask the company to begin providing Services during the cooling-off period (e.g., booking a Taster Lesson within that period), users:

(i) Expressly request the company begin providing Services before cooling-off expiration; and

(ii) Acknowledge they must pay for Services supplied until cancellation request.

If Services fully complete within the cooling-off period, users may lose cancellation rights once completed.

(d) To exercise statutory cancellation right, users must clearly inform the company of cancellation intent within the cooling-off period (e.g., by email per Section 23). The company may provide a model cancellation form on request, but use is not required.

(e) Refunds per Section 5.1 comply with statutory rights and are separate from the company's contractual credit and non-refundable payment policy per Sections 5.2–5.4 and Section 4.

5.2 General position

Except as expressly stated in these Legal Terms or where law requires (including cooling-off rights per Section 5.1), "all payments made for Taster Lessons and Lesson Cycle Plans are non-refundable." Where the company agrees to cancel lessons or plans at user request, it normally provides lesson credits rather than cash refund. Credits are governed by Section 4.

5.3 Cancellations and changes requested by you

(a) Users may cancel Lesson Cycle Plans anytime with at least 30 days' notice per Section 4. Cancellation takes effect at notice period's end and doesn't entitle refunds of already-paid amounts, but users may receive lesson credits per Section 4 and this Section 5.

(b) To reschedule individual lessons, users must contact the company at least 72 hours before scheduled start time. The company then offers rescheduling or, at discretion, converts it to lesson credit.

(c) With less than 72 hours' notice or non-attendance without notice, the company is not obliged to reschedule or credit, and users may lose the lesson, although the company may choose to offer rescheduling or credit in exceptional circumstances.

5.4 Cancellations and changes made by us

If the company needs to cancel or significantly change lessons or series (e.g., instructor illness, pool closure, safety concerns, operational reasons), it will, where reasonably possible:

(a) Offer rescheduling of affected lessons; or

(b) Provide lesson credits for affected lessons for later use per Section 4.

If the company cannot provide suitable rescheduled lessons or credit, or decides to stop providing Services entirely, it may, at discretion or where law requires, provide cash refund for paid but undelivered lessons.

5.5 Other statutory rights

Nothing in Section 5 or elsewhere affects other statutory rights under applicable consumer law, including refund, price reduction, repeat performance or other remedy rights that cannot lawfully be excluded or limited.

6. PROHIBITED ACTIVITIES

Users may not access or use Services for purposes other than booking and managing swimming lessons, accessing related learning materials, and communicating with the company and instructors. "The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing."

As Service users, you agree not to:

(a) Use Services in any way breaching applicable law or regulation or that is fraudulent, misleading, or deceptive;

(b) Systematically retrieve data or content (manually or automatically) to create collections, compilations, databases, or directories without prior written permission;

(c) Attempt unauthorized access to any Services part, account, system, server, computer, or database, or test, scan, or probe system or network vulnerability;

(d) Circumvent, disable, or interfere with security-related or access-control features, including features preventing Content copying or restricting Services/Content use;

(e) Upload, transmit, or distribute viruses, malware, Trojan horses, or other harmful code designed to interrupt, destroy, or limit software, hardware, or equipment functionality, or interfering with Service use and enjoyment;

(f) Interfere with, disrupt, or create undue burden on Services or connected networks or services, including automated Service use (scripts, bots, robots, spiders, scrapers, similar tools) to access, query, or collect data without express written consent;

(g) Trick, defraud, or mislead the company or any user, including attempting to obtain sensitive account or payment information (passwords, card details);

(h) Impersonate any person or entity, or misrepresent identity or affiliation, including using another user's name, profile, or account;

(i) Harass, abuse, intimidate, threaten, or otherwise harm any person, including company employees, instructors, contractors, agents, or other users;

(j) Use obtained information to harass, abuse, or harm another person or infringe their privacy or other rights;

(k) Copy, reproduce, modify, adapt, translate, publish, publicly display, transmit, distribute, sell, license, or otherwise exploit any Services part, including dashboards, booking system, lesson management tools, website layouts, designs, underlying code and databases, for commercial purposes or competing product/service development without express prior written permission;

(l) Except as expressly permitted by law, decipher, decompile, disassemble, reverse engineer, or otherwise attempt deriving source code, underlying ideas, algorithms, data structures, or database schemas of software providing Services (including dashboards, booking system, internal tools);

(m) Delete, obscure, or alter any copyright, trademark, or proprietary rights notice on or in Services or Content;

(n) Use Services or Content as part of competing with the company or developing competing products/services, or use Services or Content for revenue-generating or commercial enterprises not expressly authorized;

(o) Make improper support services use, including submitting false abuse or misconduct reports, or engaging in vexatious or repetitive complaints or communications;

(p) Create user accounts by automated means or false pretenses, or collect usernames, email addresses, or contact details for unsolicited communications (spam);

(q) Use Services to advertise, promote, or offer selling goods or services of your own or third parties, unless expressly agreed in writing; or

(r) Sell, transfer, or otherwise dispose of your account or profile to any other person without prior written consent.

Any breach may result in access suspension or termination and any other available remedies.

7. USER GENERATED CONTRIBUTIONS

Services are primarily intended for booking and managing lessons, accessing lesson information, and communicating with the company and instructors. They are not designed as public social media platforms. Users may provide content and materials through Services, such as completing booking forms, sending messages, responding to questionnaires, or providing information, feedback, or documents ("Contributions").

Contributions may be visible to the company, instructors, and (where relevant) other account-linked users (e.g., parent and booked student), but are not published publicly on Services.

To the extent Contributions constitute "Submissions" per Section 2 (e.g., questions, comments, suggestions, ideas, or feedback about Services), Section 2 applies in addition to Section 7.

When creating or providing Contributions, you represent and warrant:

(a) You are the creator and owner or possess necessary licenses, rights, consents, releases, and permissions to use them and grant company rights;

(b) Your Contributions and company use per these Legal Terms do not and will not infringe any third-party intellectual property or proprietary rights, including copyright, moral rights, trademarks, patents, trade secrets, or confidentiality rights;

(c) Where Contributions include another person's personal data, name, or image, you have their consent (or, for children, parent/legal guardian consent) to provide information to the company and for use per these Legal Terms and Privacy Policy;

(d) Your Contributions are true, accurate, and not misleading;

(e) Your Contributions are not and do not contain unsolicited or unauthorized advertising or promotional material, spam, chain letters, mass mailings, or other solicitation;

(f) Your Contributions are not and do not contain anything obscene, offensive, defamatory, libellous, slanderous, hateful, harassing, threatening, or otherwise objectionable (in company reasonable opinion);

(g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person or group, and are not used promoting or inciting violence or hatred against any person or group;

(h) Your Contributions do not violate applicable law, regulation, or code of practice, including discrimination, harassment, or defamation laws;

(i) Your Contributions do not violate any third party's privacy, data protection, or publicity rights, and do not include sensitive personal information about another person unless necessary for Services provision and you are legally permitted to disclose it;

(j) Your Contributions do not contain material relating to sexual exploitation or abuse of minors, or other illegal or child-harmful content; and

(k) Your Contributions do not otherwise violate, and do not link to material violating, these Legal Terms or applicable law or regulation.

Any Services use violating this Section 7 constitutes breach and may result in access suspension or termination and any other available remedies.

8. CONTRIBUTION LICENCE

8.1 Accessing and using your information

The company may access, store, process, and use any information, data, and content provided through Services (including account details, booking information, messages, and other Contributions) as reasonably necessary to:

(a) Provide, operate, and administer Services;

(b) Schedule, deliver, and manage swimming lessons and related activities;

(c) Communicate with and respond to user enquiries;

(d) Maintain Services security and integrity; and

(e) Comply with legal and regulatory obligations.

Personal data collection and use is further described in the Privacy Policy.

8.2 Licence to use your Contributions

Except for "Submissions" per Section 2 (questions, comments, suggestions, ideas, or feedback about Services), users retain intellectual property rights ownership in Contributions.

By providing Contributions through Services, users grant the company a "non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, host, store, reproduce, modify, adapt, translate, create derivative works from, and otherwise use your Contributions" to:

(a) Provide and improve Services;

(b) Manage accounts and bookings;

(c) Train and support instructors and staff; and

(d) Generate anonymized or aggregated statistics and insights (e.g., to improve teaching methods or service quality), provided such anonymized or aggregated data does not identify individuals.

This license continues while Contributions remain in company systems, subject to applicable law and data retention practices.

8.3 Submissions and ownership

Per Section 2, where users send Submissions such as questions, comments, suggestions, ideas, feedback, or similar Services input, users agree the company will own intellectual property rights and may use them for any lawful purpose without obligation to users. Nothing in Section 8 limits company Section 2 Submission rights.

For all other non-Submission Contributions, users retain intellectual property ownership, subject to the Section 8.2 license granted to the company.

8.4 Your responsibility for Contributions

Users are solely responsible for Contributions and ensuring compliance with these Legal Terms (including Sections 6 and 7) and applicable law. The company is not responsible for and accepts no liability from any Contribution statements, content, or materials.

Users agree to indemnify the company for loss or damage from:

(a) Contribution infringement of any third-party rights (including intellectual property, privacy, or data protection rights); or

(b) Contribution breach of these Legal Terms or applicable law.

Nothing in Section 8 limits any other company rights or remedies under these Legal Terms or law.

9. SERVICES MANAGEMENT

9.1

The company may, at any time and without obligation, monitor and manage Services to protect company rights, other users, and proper Services operation. Without limiting the foregoing, the company may:

(a) Monitor Services use (including Contributions) to check Legal Terms and law compliance;

(b) Take any action it considers appropriate against any person breaching these Legal Terms or the law, which may include access suspension or termination and/or reporting to law enforcement or competent authorities;

(c) Refuse, restrict access to, limit availability of, or disable any Contribution or Services part, where it reasonably considers it necessary or desirable (e.g., to address security, operational, legal or safety concerns);

(d) Remove from Services, or disable access to, any files or content excessive in size, placing unreasonable system load, or otherwise risking Services performance or security impacts; and

(e) Otherwise configure, operate and manage Services (including dashboards and booking systems) as reasonably considered appropriate to maintain security, performance and safe user environment.

9.2

Nothing in Section 9 requires company monitoring of all Services activity, nor does it make the company responsible for any user Contributions.

10. TERM AND TERMINATION

10.1

These Legal Terms apply from first Services access or use and will continue while you use Services or have an active company account.

10.2

Without limiting other company rights, the company may at any time, in reasonable discretion and without notice if appropriate:

(a) Suspend or terminate your access to or Services use (including blocking certain IP addresses or disabling login); and/or

(b) Delete or disable access to any posted or uploaded content or information, if the company reasonably believes:

(i) You have breached these Legal Terms (including representations, warranties or obligations) or applicable law or regulation;

(ii) Your behavior (online or at in-person lessons) is abusive, unsafe, unlawful or otherwise inappropriate;

(iii) It is necessary for security, operational or legal reasons; or

(iv) It is otherwise necessary to protect the company, instructors, other users or third parties.

10.3

If the company suspends or terminates your account, you must not attempt registering or creating a new account under your own name or any other name (including false names or third-party names), whether or not acting on that third party's behalf.

10.4

Access termination or suspension does not affect:

(a) Any rights or obligations already accrued to termination or suspension date (including any sums properly due to the company for already-provided or booked lessons); or

(b) The company's right to take any further action it considers appropriate, including pursuing civil, criminal or injunctive remedies.

11. MODIFICATIONS AND INTERRUPTIONS

11.1

The company may from time to time change, update or remove Services parts (including website, dashboards and booking systems), or change provision methods. This may be for any reason, such as improving functionality, reflecting business changes, addressing security issues or complying with legal requirements. The company will usually try to avoid changes materially reducing received Services without reasonable notice, but does not guarantee any particular feature, content or functionality will always be available.

11.2

The company does not undertake keeping all Services information up to date at all times and may correct errors, update content or change prices and other details at any time.

11.3

The company cannot guarantee Services will always be available, uninterrupted or error-free, or free from bugs, viruses or other harmful components, although it will use reasonable care and skill in providing and maintaining them. Services may occasionally be unavailable (wholly or partly) due to maintenance, updates, technical issues, third-party service or network provider failures, or events beyond reasonable company control. Where reasonably practicable, the company will try giving advance planned downtime notice.

11.4

To the fullest extent permitted by law, the company is not responsible for any loss, damage or inconvenience from being unable to access or use online Services (including dashboards and booking systems) at any particular time, provided the company has used reasonable care and skill in providing and maintaining them.

11.5

Nothing in Section 11 limits any specific in-person lesson rights or remedies under Sections 4 and 5 (including cancellations and credits), nor does it require the company to provide any particular updates, upgrades or new Services releases.

12. GOVERNING LAW AND JURISDICTION

12.1

These Legal Terms and any non-contractual obligations arising out of or in connection with them are governed by England and Wales laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12.2

If you are a consumer and your habitual residence is in the United Kingdom or European Union, you may also benefit from any mandatory home country law provisions, and nothing in these Legal Terms affects those mandatory rights.

12.3

You and Competent Swimming agree England and Wales courts have non-exclusive jurisdiction in relation to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Legal Terms or Services. This means:

(a) Proceedings may be brought by the company against you in England and Wales courts; and

(b) You may bring proceedings against the company in England and Wales courts or, if you are a consumer, in the part of the United Kingdom or EU member state courts in which you reside.

13. DISPUTE RESOLUTION

13.1 Informal resolution

The company aims to resolve most concerns quickly and informally. If you have any complaint or dispute relating to these Legal Terms or Services (a "Dispute"), please contact the company first using Section 23 contact details.

Provide your name, contact details, a brief issue description and sought outcome. The company will acknowledge your Dispute and use reasonable efforts to respond and work with you to resolve it.

Both you and the company agree to make genuine attempts to informally resolve any Dispute for up to sixty (60) days from either Party's first written Dispute notice to the other, before starting court proceedings (except where urgent relief is needed per Section 13.4).

13.2 Alternative dispute resolution (ADR)

If a Dispute is not resolved through the Section 13.1 informal process, the company may (but is not obliged to) suggest referring the Dispute to an independent alternative dispute resolution (ADR) provider.

Any ADR process use is voluntary for both Parties. You or the company may decline ADR participation, and you will always retain the right to bring legal proceedings per Section 12.

13.3 Court proceedings

Subject to Sections 13.1 and 13.2, any unresolved Dispute may be brought before courts per Section 12.

Nothing in these Legal Terms prevents you, if you are a consumer, from bringing claims in the United Kingdom or EU member state courts in which you reside, where applicable law permits.

13.4 Urgent relief and protection of rights

Nothing in Section 13 limits either Party's right at any time to bring proceedings in any competent jurisdiction court to:

(a) Seek urgent interim or injunctive relief (e.g., to protect safety, confidential information or intellectual property rights); or

(b) Enforce clearly overdue payment obligations.

The Section 13.1 informal resolution requirement does not apply where doing so would unduly delay such urgent relief applications.

13.5 No class or representative actions (to the extent permitted by law)

To the extent permitted by applicable law, any Dispute shall be dealt with individually between you and the company. This means that, unless your country's law expressly permits otherwise, you and the company will not seek to bring or participate in any claim against the other as part of a class action, group litigation or representative action on behalf of others.

14. CORRECTIONS

14.1

Services may from time to time include incomplete, inaccurate or typographically erroneous information (e.g., in lesson descriptions, pricing, availability, timings or other details).

14.2

The company reserves the right to correct any errors, inaccuracies or omissions, and to change or update Services information at any time, without prior notice, where this is reasonable and does not materially disadvantage you regarding already-booked Services.

14.3

If the company needs to make a correction materially affecting an existing booking (e.g., a clear pricing or timetable error affecting your lessons), it will contact you as soon as reasonably practicable to explain the correction and discuss your options (which may include honoring the original booking, offering alternatives, or cancelling with appropriate refund or credit, as applicable).

15. DISCLAIMER

15.1 Your statutory rights and our core obligations

Nothing in these Legal Terms is intended to exclude or limit any consumer legal rights or company responsibility where unlawful to do so. In particular, the company does not exclude or limit liability for death or personal injury from company negligence, fraud or fraudulent misrepresentation, or services not performed with reasonable care and skill.

15.2 Online Services ("as is" and "as available")

Subject to Section 15.1 and any non-excludable law-provided rights, the online Services parts (including website, dashboards and booking systems) are provided on an "as is" and "as available" basis. The company does not promise they will always be available, uninterrupted or error-free, or free from bugs, viruses or other harmful components, although it will use reasonable care and skill in providing and maintaining them.

15.3 No additional warranties

Except as expressly stated in these Legal Terms, and except for law-implied warranties, terms or conditions that cannot lawfully be excluded, the company makes no specific promises or warranties about Services. This includes any satisfactory quality, particular purpose fitness or non-infringement implied warranties, to the extent lawfully excludable.

15.4 Information and content

The company does not guarantee all Services information is accurate, complete or current at all times, and is not responsible for:

(a) Content or materials errors, mistakes or inaccuracies;

(b) Any transmission to or from Services interruption or cessation; or

(c) Any loss or damage from any Services-provided content reliance,

in each case except where the company has failed to use reasonable care and skill or law provides a specific remedy.

15.5 Third-party sites and services

Services may contain third-party website, app or service links or integration that the company does not own or control. The company does not endorse, guarantee or take responsibility for:

(a) Any products, services, content or information third parties provide; or

(b) Any transactions you enter into with third-party product or service providers,

and you access and use such third-party sites and services at your own discretion and risk, subject to any law-provided rights.

15.6 Use your judgement

As with any products or services purchase, you should use your own judgement and exercise appropriate caution, particularly before relying on information, making bookings or entering transactions via the internet.

16. LIMITATION OF LIABILITY

16.1 Liability we do not exclude or limit

Nothing in these Legal Terms is intended to exclude or limit any liability that cannot lawfully be excluded or limited. In particular, the company does not exclude or limit liability for:

(a) Death or personal injury from company negligence (or company employees, agents or instructors negligence);

(b) Fraud or fraudulent misrepresentation; or

(c) Any other matter where company liability exclusion or limitation would be unlawful, including any non-excludable consumer rights under applicable law (such as Consumer Rights Act 2015 rights).

16.2 What we are responsible for

If the company fails to comply with these Legal Terms, it is responsible for loss or damage you suffer that is a "foreseeable" breach result or from failing to use reasonable care and skill, but is not responsible for any non-foreseeable loss or damage. Loss or damage is foreseeable if it is obvious it will happen or if, at contract formation, both you and the company knew it might happen.

16.3 Business and indirect losses

The company provides Services for personal, consumer use only. If you use Services for any commercial, business or re-sale purpose, the company has no liability to you for any profit loss, business loss, business interruption, business opportunity loss, or similar business losses.

Subject always to Section 16.1, the company will not be liable for any loss or damage that:

(a) Is purely indirect, consequential or purely economic; or

(b) Could have been avoided by you taking reasonable steps (e.g., by following safety instructions during lessons, keeping account details secure, or using appropriate virus protection software).

16.4 Overall financial cap (subject to law)

Subject to Sections 16.1 and 16.2, and to the extent law permits, the company's total aggregate liability to you for all losses or damages arising out of or in connection with Services and these Legal Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to "the lesser of (a) the total amount actually paid by you to us for lessons in the three (3) month period immediately before the event giving rise to the claim; or (b) £500."

16.5 Your statutory remedies remain

The limitations in Section 16 apply in addition to, not instead of, any specific law-provided remedies. Where you have a statutory particular remedy right (e.g., repeat performance or price reduction under consumer law), that right will continue to apply and is not excluded by Section 16.

17. INDEMNIFICATION

17.1

To the extent law permits, you agree to be responsible for and compensate the company for any loss, damage, liability, cost or expense (including reasonable legal fees) it suffers or incurs from any third-party claim arising out of or in connection with:

(a) Your Services misuse or unlawful or non-compliant use;

(b) Your material breach of these Legal Terms (including representations and warranties);

(c) Any material breach by you of third-party rights (including intellectual property, privacy or data protection rights) in connection with Services use or your Contributions; or

(d) Any deliberate or reckless act or omission by you causing harm to another person in connection with Services (whether online or at an in-person lesson).

17.2

Section 17 does not require you to compensate the company for any loss or damage to the extent it is caused by company's own Legal Terms breach, negligence, or any other matter for which the company is responsible and cannot lawfully seek compensation from you.

17.3

The company may, at its own expense, assume the exclusive defense and control of any claim subject to Section 17. If it does, you agree to provide reasonable co-operation (e.g., by providing information and documents) in relation to that claim, at company reasonable request.

17.4

The company will use reasonable efforts to promptly notify you if it becomes aware of any claim in respect of which it intends to seek an indemnity from you under Section 17.

18. USER DATA

18.1

The company collects and uses your personal data when you use Services, including information you provide when creating accounts, making bookings, using dashboards, communicating with the company and attending lessons. The company acts as a data controller and is registered with the UK Information Commissioner's Office. It will handle your personal data per applicable data protection law and its Privacy Policy, which forms part of these Legal Terms.

18.2

The company may keep Services use records (e.g., lesson bookings, attendance, progress notes and payment history) for purposes including providing and improving Services, managing your relationship, training staff, handling queries and complaints, and complying with legal and regulatory obligations.

18.3

The company takes reasonable technical and organizational measures to protect held data and may perform routine backups. However, it cannot guarantee data will never be lost, corrupted or become unavailable. Services are not intended as permanent archives or backup services, and you are responsible for keeping copies of any information or content you wish to retain independently of Services.

18.4

Subject to Sections 15 and 16 and to any non-excludable law-provided rights, the company will not be responsible for any loss, deletion or corruption of data stored or transmitted via Services, except where caused by the company's failure to use reasonable care and skill. In such cases, company responsibility will be limited per Section 16.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

19.1

When you visit or use Services, send emails, messages through dashboards, or complete online forms, you are communicating electronically with the company. You agree the company may communicate with you electronically (e.g., by email, in-account notifications or dashboard messages) in connection with Services use.

19.2

You agree all agreements, notices, disclosures and other communications the company provides electronically satisfy any legal written communication requirement, provided law permits.

19.3

You agree to using electronic signatures, electronic contracts, electronic orders and other electronic records, and to electronic notice, policy and transaction record delivery initiated or completed by the company or via Services. Where you click to "accept," "agree" or similar regarding any Services terms, policies or confirmations, you acknowledge this constitutes your electronic signature.

19.4

To the extent law permits, you waive any law rights or requirements requiring original (non-electronic) signatures, physical delivery or paper record retention, or payment or credit granting by non-electronic means, in relation to Services use. This does not affect any law-required non-electronic format information requests rights.

20. MISCELLANEOUS

20.1 Entire agreement

These Legal Terms, together with any policies or operating rules the company makes available on Services (including Privacy Policy) constitute the entire agreement and understanding between you and the company regarding Services, and supersede any prior written or oral agreements or understandings regarding the same subject matter.

20.2 No waiver

If the company does not insist immediately that you do anything required under these Legal Terms, or if it delays in taking steps against you regarding Legal Terms breach, that will not mean you do not have to do those things and it will not prevent taking steps against you at a later date. Any right waiver must be written and will apply only to the specific circumstances in which it is given.

20.3 Assignment

You may not assign, transfer or otherwise deal with any rights or obligations under these Legal Terms without prior written consent. The company may assign, transfer or subcontract any rights and obligations under these Legal Terms (wholly or partly) to another organization at any time, for example in connection with a business reorganization or transfer, provided this does not materially reduce the protections you receive under these Legal Terms.

20.4 Events outside our control

The company will not be responsible for any delay or failure to perform Legal Terms obligations to the extent caused by an event or circumstance beyond reasonable company control (including, for example, strikes, industrial action, systems breakdown or network access failure, severe weather, public health restrictions, or third-party telecommunications or hosting services failure). Where such an event occurs, the company will take reasonable steps to minimize your impact and to resume normal performance as soon as reasonably practicable.

20.5 Severance

If any provision (or part) of these Legal Terms is found by a court or other competent authority to be unlawful, void or unenforceable, that provision (or part) will be treated as deleted to the extent necessary, and the validity and enforceability of remaining provisions will not be affected.

20.6 Relationship of the parties

Nothing in these Legal Terms is intended to, or shall be deemed to, create any partnership, joint venture, employment or agency relationship between you and the company. You and the company act on your own behalf and not for the benefit of any other person.

20.7 Third-party rights

Except as expressly stated otherwise, these Legal Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any person other than you and the company to enforce any of their terms.

20.8 Interpretation

These Legal Terms shall not be interpreted against the company merely because it drafted them. For further information on electronic form and signing, please see Section 19.

21. CANCELLATION OF LESSONS BY COMPETENT SWIMMING

21.1

From time to time the company may need to cancel or significantly change lessons or series for operational or safety reasons (e.g., instructor illness, pool closure, severe weather, or other issues outside reasonable company control). In those situations, company obligations to you are per Section 5, including commitment, where reasonably possible, to reschedule affected lessons or provide lesson credits, and, where appropriate, to consider cash refunds for paid but undelivered lessons.

21.2

Without limiting company rights under Sections 5, 6 and 10, the company may cancel one or more of your lessons, or your Lesson Cycle Plan, with immediate effect and without any obligation to provide refund or lesson credits for cancelled lessons, if:

(a) You subject any company staff, instructors, contractors, agents or other clients to abusive, discriminatory, threatening or violent behavior (including behavior that could reasonably be regarded as hate speech or harassment);

(b) You engage in seriously inappropriate, dangerous, antisocial or unlawful behavior at or around the lesson venue, or in company communications;

(c) You repeatedly fail to attend booked lessons without giving required notice per these Legal Terms; or

(d) You fail to pay any sums properly due to the company, after the company has given you a reasonable payment opportunity.

21.3

If the company agrees that a cash refund is due and it cannot process it automatically to your original payment method, it may ask you to provide reasonable information needed to complete the refund (e.g., updated payment or bank details). If you do not provide the reasonably required information within three (3) months of the company's first request, the company may treat your refund right as waived, to the extent law permits. This does not affect any statutory rights you may have that cannot lawfully be excluded or limited.

22. BOOKING FORM RESPONSIBILITY

22.1

Through the Site you may be able to submit a "Book now" form or similar enquiry form. Submitting such a form does "not" in itself create a confirmed booking, guarantee you a place on any lesson, or form a binding contract between you and the company.

22.2

The "Book now" or enquiry form is used to collect initial interest information about Services so the company can contact you, discuss availability and, where appropriate, direct you to the relevant checkout or dashboard process to complete your booking.

22.3

A binding booking contract is formed only when the company accepts your booking per these Legal Terms, for example by:

(a) Confirming your booking through the checkout process or your dashboard; or

(b) Sending you a clear booking confirmation by email or other written communication.

22.4

If any "Book now" or enquiry form information is inconsistent with booking details shown in your dashboard or confirmation email, the dashboard or confirmation email booking details will take precedence.

23. CONTACT US

23.1

If you have any questions about these Legal Terms, the Services, or your bookings, or wish to make a complaint, you can contact the company using the details below:

Competent Swimming Limited

Office 1, Izabella House, 24–26 Regent Place, City Centre, Birmingham, B1 3NJ, United Kingdom

Phone: 0121 6636 192

Email: support@competentswimming.co.uk

23.2

The company will use reasonable efforts to respond to enquiries and complaints promptly.