Terms and Conditions

TERMS AND CONDITIONS

Last updated: 9 December 2025. Effective for new bookings made on or after: 9 December 2025. Effective for existing Lesson Cycle Plans from: 9 January 2026.

AGREEMENT TO OUR LEGAL TERMS

We are Competent Swimming Limited, a company registered in England and Wales under company number 16413380 (‘Competent Swimming’, ‘Company‘, ‘we‘, ‘us‘, or ‘our‘).

We operate the website https://www.competentswimming.co.uk and its subdomains (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

You can contact us by phone at 0121 6636 192 or email us at support@competentswimming.co.uk.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Competent Swimming Limited, concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. 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 ANY LESSON, OR COMPLETING ANY PAYMENT TO COMPETENT SWIMMING LIMITED, YOU CONFIRM YOUR ACCEPTANCE OF THESE LEGAL TERMS AND PROVIDE FURTHER EVIDENCE THAT YOU HAVE AGREED TO THEM.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PURCHASES AND PAYMENT
REFUNDS, CREDITS AND CANCELLATION POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
SERVICES MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CANCELLATION OF LESSONS BY COMPETENT SWIMMING
BOOKING FORM RESPONSIBILITY
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.

Any intellectual property rights obtained from third parties, where attribution has been agreed in connection with the sale or licensing of such intellectual property, are listed on our attribution page at www.competentswimming.co.uk/attribution.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no 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.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@competentswimming.co.uk. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES‘ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree, to the extent permissible by applicable law, to assign to us all intellectual property rights in such Submissions, and you waive and agree not to assert any and all moral rights in them. You agree that we shall own such Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submissions are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) you have the legal capacity to enter into and you agree to comply with these Legal Terms;

(2) you are not under the age of 13;

(3) if you are a minor in the jurisdiction in which you reside, you have the permission of your parent or legal guardian to use the Services and they agree to these Legal Terms on your behalf;

(4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;

(5) you will not use the Services for any illegal or unauthorised purpose; and

(6) your use of the Services will not violate any applicable law or regulation and all information you provide to us will be true, accurate, current, and complete.

(7) where you use the Services to book lessons for a child or another individual, you are authorised to do so and to provide their personal information to us.

If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PURCHASES AND PAYMENT

Payment processing (Stripe)

We use Stripe as our third-party payment processor to handle payments made through the Services. Stripe is responsible for processing your payment information, and we do not store your full card details on our systems. Stripe processes your payment information in accordance with its own terms and privacy policy.

We accept the following forms of payment (as made available by Stripe from time to time):

– Visa

– Mastercard

– Apple Pay

– Google Pay

– Klarna

– Revolut Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You agree to promptly update your account and payment information (including your email address and payment method details, such as card expiry dates) so that we can complete your transactions and contact you as needed.

Any applicable taxes (for example, VAT if it becomes payable in future) will be added to the price of your purchases as required by law. We may change our prices at any time; however, for active lesson cycle plans, any change to the per-lesson price will only apply to future lesson cycles after we have notified you of the change. All payments must be made in British Pounds Sterling (GBP).

Taster Lesson (one-off purchase)

The Taster Lesson is a one-off product for new customers only. The price for the Taster Lesson will be shown to you at checkout. Payment for the Taster Lesson is taken in full at the time of booking through Stripe. The Taster Lesson does not create an ongoing subscription, although you may choose to move onto one of our lesson cycle plans afterwards.

Lesson Cycle Plans (Starter, Tidebreaker, Hydromaster)

We offer ongoing lesson cycle plans on a “per student” basis (the “Lesson Cycle Plans”). Our current Lesson Cycle Plans include:

– Starter Plan – 4-lesson cycle

– Tidebreaker Plan – 8-lesson cycle

– Hydromaster Plan – 12-lesson cycle

Each Lesson Cycle Plan sets a price per lesson and a fixed number of lessons in each cycle, together with any additional features described on the Site and in your dashboard. You will see the price per lesson, the number of lessons in the cycle, and the total amount payable for that cycle before you confirm your choice.

By enrolling in a Lesson Cycle Plan, you agree that it is an ongoing subscription which continues from lesson cycle to lesson cycle until you cancel in accordance with these Legal Terms.

When and how you are charged for Lesson Cycle Plans

For Lesson Cycle Plans, payment is taken in arrears based on your actual usage in each lesson cycle:

(a) you authorise Stripe, acting on our behalf, to store your payment method details and to automatically charge your chosen payment method for the total price of the relevant lesson cycle once the final lesson in that cycle has been completed;

(b) we will normally send you an email notification to the email address linked to your account approximately 72 hours before we collect payment for a completed cycle. While we aim to send such notifications, your obligation to pay for lessons that have been provided does not depend on receiving the reminder email; and

(c) by allowing lessons to take place under a Lesson Cycle Plan, you agree to pay for all lessons delivered in each cycle at the applicable per-lesson rate for that plan.

Your 30-day cancellation notice

You may cancel your Lesson Cycle Plan at any time by emailing us at support@competentswimming.co.uk or contacting us through the dashboard. A minimum 30-day notice period applies.

Cancellation will take effect at the end of the 30-day notice period. You remain responsible for paying for any lessons that take place during that notice period and for any lesson cycle that has already been delivered but not yet charged. Cancelling a Lesson Cycle Plan does not entitle you to a refund of amounts already paid, but you may, where applicable, receive lesson credits as set out below.

Pausing your plan and lesson credits

We may allow you to pause a Lesson Cycle Plan (for example, for holidays or illness). Where we agree to pause your plan:

(a) we will stop scheduling new lessons for the period of the pause;

(b) any unused lessons you have already paid for, or any lesson credits on your account, will be held as “credits”, where 1 credit equals 1 lesson; and

(c) credits must be used within 12 months of the date on which the plan was paused or the credit was granted (whichever is later), after which they will expire.

Credits have no cash value, are non-refundable, and cannot be exchanged for money. Unless we expressly agree otherwise, credits may only be used by the student (or family account) to which they were originally issued and may not be sold or transferred to any other person.

Rescheduling and missed lessons

If you wish to reschedule a booked lesson, you must contact us at least 72 hours before the scheduled start time of that lesson (by email or through the dashboard, where available). If you give at least 72 hours’ notice:

(a) we will offer to reschedule the lesson to another available time; or

(b) at our discretion, we may convert the lesson into a credit on your account to be used for a future lesson.

If you contact us less than 72 hours before the lesson, or you do not attend the lesson without notice, we are not obliged to reschedule or credit that lesson, and you may lose it. However, we may, at our sole discretion, offer to reschedule or provide a credit in exceptional circumstances.

No refunds (credit-only approach) and statutory rights

Except as expressly set out in these Legal Terms or where we are required to do so by law, all payments made for Taster Lessons and Lesson Cycle Plans are non-refundable. Where we agree to cancel lessons or a plan at your request, we will normally provide lesson credits rather than a cash refund.

Nothing in these Legal Terms affects any statutory rights you may have under applicable consumer law, including any rights to a refund that cannot lawfully be excluded or limited.

Failed payments and suspension

If Stripe is unable to collect payment when due (for example, after the completion of a lesson cycle), Stripe will automatically retry the payment for a short period (currently up to 3 days). If payment still cannot be collected:

(a) we may contact you to request updated payment details and to arrange payment of the outstanding amount;

(b) we may suspend or cancel any future lessons or bookings that have not yet been paid for; and

(c) we may cancel your Lesson Cycle Plan and seek to recover any outstanding sums owed to us for lessons that have already been provided, using lawful collection methods.

By providing a payment method, you represent and warrant that you are authorised to use that payment method and that you authorise Stripe, acting on our behalf, to charge that payment method for all amounts due in connection with your use of the Services, including completed lesson cycles and any agreed credits or adjustments.

Order refusal and limits

We reserve the right to refuse any order or booking placed through the Services. We may, in our sole discretion, limit or cancel lessons or plans purchased per person, per household, per student, or per order. These restrictions may include orders or bookings placed by or under the same customer account, using the same payment method, and/or orders that use the same billing details. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for improper, abusive, or fraudulent purposes.

5. REFUNDS, CREDITS AND CANCELLATION POLICY

5.1 Statutory cancellation rights (cooling-off period)

(a) If you are a consumer and you book our Services online or by other distance means, you may have a legal right to cancel your contract with us within 14 days without giving any reason (the “cooling-off period”).

(b) The cooling-off period normally ends 14 days after the day on which we email you to confirm your booking or acceptance onto a Lesson Cycle Plan.

(c) If you ask us to begin providing Services during the cooling-off period (for example, by booking a Taster Lesson or lesson within that period), you:

(i) expressly request that we begin providing the Services before the cooling-off period has expired; and
(ii) acknowledge that you must pay us for the Services supplied up to the time you tell us that you wish to cancel.

If the Services are fully performed within the cooling-off period, you may lose your right to cancel once the Services have been completed.

(d) To exercise your statutory right to cancel, you must clearly inform us of your decision to cancel within the cooling-off period (for example, by email using the contact details in Section 23 (Contact us)). We may provide a model cancellation form on request, but you do not have to use it.

(e) Any refunds due under this Section 5.1 will be made in accordance with your statutory rights and are separate from our contractual policy on credits and non-refundable payments set out in Sections 5.2–5.4 and in Section 4 (“Purchases and Payment”).

5.2 General position

Except as expressly set out in these Legal Terms or where we are required to do so by law (including under any cooling-off rights described in Section 5.1), all payments made for Taster Lessons and Lesson Cycle Plans are non-refundable. Where we agree to cancel lessons or a plan at your request, we will normally provide lesson credits rather than a cash refund. Credits are governed by Section 4 (“Purchases and Payment”).

5.3 Cancellations and changes requested by you

(a) You may cancel a Lesson Cycle Plan at any time by giving us at least 30 days’ notice, as described in Section 4. Cancellation takes effect at the end of the notice period and does not entitle you to a refund of amounts already paid, but you may receive lesson credits where applicable in accordance with Section 4 and this Section 5.

(b) If you wish to reschedule an individual lesson, you must contact us at least 72 hours in advance of the scheduled start time. In that case we will offer to reschedule the lesson or, at our discretion, convert it into a lesson credit.

(c) If you contact us less than 72 hours before the lesson or do not attend without notice, we are not obliged to reschedule or credit that lesson and you may lose it, although we may choose to offer a reschedule or credit in exceptional circumstances.

5.4 Cancellations and changes made by us

If we need to cancel or significantly change a lesson or series of lessons (for example, due to instructor illness, pool closure, safety concerns, or other operational reasons), we will, where reasonably possible:

(a) offer to reschedule the affected lesson(s); or
(b) provide lesson credits for the affected lesson(s) to be used at a later date, in line with Section 4.

If we are unable to provide a suitable rescheduled lesson or credit, or if we decide to stop providing the Services to you entirely, we may, at our discretion or where required by law, provide a cash refund for any lessons paid for but not delivered.

5.5 Other statutory rights

Nothing in this Section 5 or elsewhere in these Legal Terms affects any other statutory rights you may have under applicable consumer law, including any rights to a refund, price reduction, repeat performance or other remedy that cannot lawfully be excluded or limited.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those for which we make the Services available, namely booking and managing swimming lessons, accessing related learning materials, and communicating with us and our 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 a user of the Services, you agree that you will not:

(a) use the Services in any way that breaches any applicable law or regulation or that is fraudulent, misleading, or deceptive;

(b) systematically retrieve data or other content from the Services (whether manually or by automated means) to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission;

(c) attempt to gain unauthorised access to any part of the Services, any account or system, or any server, computer, or database connected to the Services, or attempt to test, scan, or probe the vulnerability of any system or network;

(d) circumvent, disable, or otherwise interfere with any security-related or access-control features of the Services, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Services and/or the Content contained therein;

(e) upload, transmit, or otherwise distribute any viruses, malware, Trojan horses, or other harmful code or material that is designed to interrupt, destroy, or limit the functionality of any software, hardware, or equipment, or that interferes with any person’s use and enjoyment of the Services;

(f) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including by any automated use of the Services such as using scripts, bots, robots, spiders, scrapers, or similar tools to access, query, or collect data from the Services without our express written consent;

(g) trick, defraud, or mislead us or any other user, including in any attempt to obtain sensitive account or payment information (such as passwords or card details);

(h) impersonate any person or entity, or misrepresent your identity or your affiliation with any person or entity, including by using another user’s name, profile, or account;

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

(j) use any information obtained from the Services to harass, abuse, or harm another person or in any manner that infringes their privacy or other rights;

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

(l) except as expressly permitted by law, decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms, data structures, or database schemas of any software used to provide the Services (including our dashboards, booking system, and internal tools);

(m) delete, obscure, or alter any copyright, trademark, or other proprietary rights notice appearing on or in the Services or the Content;

(n) use the Services or the Content as part of any effort to compete with us or to develop a competing product or service, or otherwise use the Services or the Content for any revenue-generating or commercial enterprise not expressly authorised by us;

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

(p) create user accounts by automated means or under false pretences, or collect usernames, email addresses, or other contact details for the purpose of sending unsolicited communications (including spam);

(q) use the Services to advertise, promote, or offer to sell any goods or services of your own or of any third party, unless we have expressly agreed to this in writing; or

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

Any breach of this Section 6 may result in suspension or termination of your access to the Services, as well as any other rights or remedies available to us at law.

7. USER GENERATED CONTRIBUTIONS

Our Services are primarily intended for booking and managing swimming lessons, accessing lesson information, and communicating with us and our instructors. They are not designed as a public social media platform. However, you may from time to time provide content and materials to us through the Services, for example by completing booking forms, sending messages, responding to questionnaires, or otherwise providing information, feedback, or documents (“Contributions”).

Contributions may be visible to us, our instructors, and (where relevant) other users linked to your account (for example, a parent and the student they book for), but are not published publicly on the Services.

To the extent your Contributions constitute “Submissions” as described in Section 2 (for example, questions, comments, suggestions, ideas, or feedback about the Services), Section 2 applies in addition to this Section 7.

When you create or provide any Contributions, you represent and warrant that:

(a) you are the creator and owner of the Contributions or you have the necessary licences, rights, consents, releases, and permissions to use them and to grant us the rights described in these Legal Terms;

(b) your Contributions and our use of them in accordance with these Legal Terms do not and will not infringe any intellectual property or other proprietary rights of any third party, including copyright, moral rights, trademarks, patents, trade secrets, or rights of confidence;

(c) where your Contributions include the personal data, name, or image of another person, you have their consent (or, in the case of a child, the consent of their parent or legal guardian) to provide that information to us and for us to use it as described in these Legal Terms and in our Privacy Policy;

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

(e) your Contributions are not and do not contain: unsolicited or unauthorised advertising or promotional material, spam, chain letters, mass mailings, or any other form of solicitation;

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

(g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person or group, and are not used to promote or incite violence or hatred against any person or group;

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

(i) your Contributions do not violate the privacy, data protection, or publicity rights of any third party, and do not include any sensitive personal information about another person unless this is necessary for us to provide the Services and you are legally permitted to disclose it;

(j) your Contributions do not contain any material relating to the sexual exploitation or abuse of minors, or any other content that is illegal or harmful to children; and

(k) your Contributions do not otherwise violate, and do not link to any material that violates, these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of this Section 7 constitutes a breach of these Legal Terms and may result in suspension or termination of your access to the Services, as well as any other rights or remedies available to us at law.

8. CONTRIBUTION LICENCE

8.1 Accessing and using your information

We may access, store, process, and use any information, data, and content that you provide to us through the Services (including your account details, booking information, messages, and other Contributions) as reasonably necessary to:

(a) provide, operate, and administer the Services;

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

(d) maintain the security and integrity of the Services; and

(e) comply with our legal and regulatory obligations.

Our collection and use of your personal data is further described in our Privacy Policy.

8.2 Licence to use your Contributions

Except for “Submissions” as defined in Section 2 (such as questions, comments, suggestions, ideas, or feedback about the Services), you retain ownership of any intellectual property rights you hold in your Contributions.

By providing Contributions through the Services, you grant us 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 the Services;

(b) manage your account and bookings;

(d) generate anonymised or aggregated statistics and insights (for example, to improve our teaching methods or service quality), provided that such anonymised or aggregated data does not identify you or any individual.

This licence continues for as long as your Contributions are stored in our systems, subject to applicable law and our data retention practices.

8.3 Submissions and ownership

As explained in Section 2 (“Your submissions”), where you send us Submissions such as questions, comments, suggestions, ideas, feedback, or similar input about the Services, you agree that we will own the intellectual property rights in those Submissions and may use them for any lawful purpose without obligation to you. Nothing in this Section 8 limits or reduces the rights we have in Submissions under Section 2.

For all other Contributions that are not Submissions, you retain ownership of your intellectual property, subject to the licence granted to us in Section 8.2.

8.4 Your responsibility for Contributions

You are solely responsible for your Contributions and for ensuring that they comply with these Legal Terms (including Sections 6 and 7) and with applicable law. We are not responsible for, and accept no liability arising from, any statements, content, or materials included in your Contributions.

You agree to indemnify us for any loss or damage we suffer as a result of:

(a) your Contributions infringing the rights (including intellectual property, privacy, or data protection rights) of any third party; or

(b) your Contributions breaching these Legal Terms or applicable law.

Nothing in this Section 8 limits any other rights or remedies we may have under these Legal Terms or at law.

9. SERVICES MANAGEMENT

9.1 We may, at any time and without any obligation to do so, monitor and manage the Services in order to protect our rights, other users, and the proper operation of the Services. Without limiting the generality of the foregoing, we may:

(a) monitor use of the Services (including any Contributions) to check for compliance with these Legal Terms and applicable law;

(b) take any action we consider appropriate against any person who, in our reasonable discretion, breaches these Legal Terms or the law, which may include suspending or terminating access to the Services and/or reporting matters to law enforcement or other competent authorities;

(c) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Contribution or part of the Services, where we reasonably consider it necessary or desirable (for example, to address security, operational, legal or safety concerns);

(d) remove from the Services, or otherwise disable access to, any files or content that are excessive in size, place an unreasonable load on our systems, or otherwise risk affecting the performance or security of the Services; and

(e) otherwise configure, operate and manage the Services (including the dashboards and booking systems) in a manner we reasonably consider appropriate to maintain security, performance and a safe environment for users.

9.2 Nothing in this Section 9 requires us to monitor all activity on the Services, nor does it make us responsible for any Contributions provided by users.

10. TERM AND TERMININATION

10.1 These Legal Terms apply from the time you first access or use the Services and will continue to apply for as long as you use the Services or have an active account with us.

10.2 Without limiting any other rights we may have, we may at any time, in our reasonable discretion and without notice if appropriate:

(a) suspend or terminate your access to, or use of, the Services (including by blocking certain IP addresses or disabling your login); and/or

(b) delete or disable access to any content or information you have posted or uploaded to the Services, if we reasonably believe that:

(i) you have breached these Legal Terms (including any of the representations, warranties or obligations set out in them) or any applicable law or regulation;

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

(iii) it is necessary to do so for security, operational or legal reasons; or

(iv) it is otherwise necessary to protect us, our instructors, other users or third parties.

10.3 If we suspend or terminate your account, you must not attempt to register or create a new account under your own name or any other name (including a false name or the name of any third party), whether or not you are acting on that third party’s behalf.

10.4 Termination or suspension of your access to the Services does not affect:

(a) any rights or obligations that have already accrued up to the date of termination or suspension (including any sums properly due to us for lessons already provided or booked); or

(b) our right to take any further action we consider appropriate, including pursuing civil, criminal or injunctive remedies.

11. MODIFICATIONS AND INTERRUPTIONS

11.1 We may from time to time change, update or remove parts of the Services (including the website, dashboards and booking systems), or change the way in which they are provided. We may do this for any reason, for example to improve functionality, reflect changes in our business, address security issues or comply with legal requirements. We will usually try to avoid making changes that materially reduce the Services you receive without giving you reasonable notice, but we do not guarantee that any particular feature, content or functionality will always be available.

11.2 We do not undertake any obligation to keep all information on the Services up to date at all times, and we may correct errors, update content or change prices and other details at any time.

11.3 We cannot guarantee that the Services will be available at all times or free from errors, interruptions or delays. The Services may occasionally be unavailable (in whole or in part), for example due to maintenance, updates, technical issues, failures of third-party services or network providers, or events beyond our reasonable control. Where reasonably practicable, we will try to give you advance notice of planned downtime.

11.4 To the fullest extent permitted by law, we are not responsible for any loss, damage or inconvenience you may suffer as a result of being unable to access or use the online Services (including the dashboards and booking systems) at any particular time, provided that we have used reasonable care and skill in providing and maintaining them.

11.5 Nothing in this Section 11 limits any specific rights or remedies you may have in relation to in-person lessons under Sections 4 and 5 (including in relation to cancellations and credits), nor does it require us to provide any particular updates, upgrades or new releases of the Services.

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 the laws of England and Wales. The application of 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 the European Union, you may also benefit from any mandatory provisions of the law of your country of residence, and nothing in these Legal Terms affects those mandatory rights.

12.3 You and Competent Swimming agree that the courts of England and Wales will 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 the Services. This means that:

(a) proceedings may be brought by us against you in the courts of England and Wales; and

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

13. DISPUTE RESOLUTION

13.1 Informal resolution

13.1.1 We aim to resolve most concerns quickly and informally. If you have any complaint or dispute relating to these Legal Terms or the Services (a “Dispute”), please contact us in the first instance using the contact details set out in Section 23 (Contact us).

13.1.2 You should provide your name, contact details, a brief description of the issue and what outcome you are seeking. We will acknowledge your Dispute and will use reasonable efforts to respond and work with you to resolve it.

13.1.3 Both you and we agree to make a genuine attempt to resolve any Dispute informally for a period of up to sixty (60) days from the date on which either Party first gives written notice of the Dispute to the other, before starting court proceedings (except where urgent relief is needed as described in Section 13.4).

13.2 Alternative dispute resolution (ADR)

13.2.1 If a Dispute is not resolved through the informal process described in Section 13.1, we may (but are not obliged to) suggest that the Dispute is referred to an independent alternative dispute resolution (ADR) provider.

13.2.2 Use of any ADR process will be voluntary for both Parties. You or we may decline to participate in ADR, and you will always retain the right to bring legal proceedings before the courts in accordance with Section 12.

13.3 Court proceedings

13.3.1 Subject to Section 13.1 and 13.2, any Dispute that cannot be resolved informally may be brought before the courts in accordance with Section 12 (“Governing law and jurisdiction”).

13.3.2 Nothing in these Legal Terms prevents you, if you are a consumer, from bringing a claim in the courts of the part of the United Kingdom or EU member state in which you reside, where this is permitted by applicable law.

13.4 Urgent relief and protection of rights

13.4.1 Nothing in this Section 13 limits either Party’s right at any time to bring proceedings in any court of competent jurisdiction in order to:

(a) seek urgent interim or injunctive relief (for example, to protect safety, confidential information or intellectual property rights); or

(b) enforce payment obligations that are clearly overdue.

13.4.2 The requirement to attempt informal resolution under Section 13.1 does not apply where doing so would unduly delay an application for such urgent relief.

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 on an individual basis between you and us. This means that, unless the law in your country of residence expressly permits otherwise, you and we 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 From time to time, the Services may include information that is incomplete, inaccurate or contains typographical errors (for example in lesson descriptions, pricing, availability, timings or other details).

14.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Services at any time, without prior notice, where this is reasonable and does not materially disadvantage you in respect of Services you have already booked.

14.3 If we need to make a correction that materially affects an existing booking (for example, a clear pricing or timetable error affecting your lessons), we will contact you as soon as reasonably practicable to explain the correction and discuss your options (which may include honouring the original booking, offering alternatives, or cancelling with an 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 legal rights you have as a consumer, or our responsibility where it would be unlawful to do so. In particular, we do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for 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 rights you have at law, the online parts of the Services (including the website, dashboards and booking systems) are provided on an “as is” and “as available” basis. We do not promise that they will always be available, uninterrupted or error-free, or that they will be free from bugs, viruses or other harmful components, although we will use reasonable care and skill in providing and maintaining them.

15.3 No additional warranties

Except as expressly set out in these Legal Terms, and except for any warranties, terms or conditions that are implied by law and cannot lawfully be excluded, we do not make any specific promises or warranties about the Services. This includes any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement, to the extent they can lawfully be excluded.

15.4 Information and content

We do not guarantee that all information made available through the Services is accurate, complete or up to date at all times, and we are not responsible for:

(a) errors, mistakes or inaccuracies in content or materials;
(b) any interruption or cessation of transmission to or from the Services; or
(c) any loss or damage caused by your reliance on any content made available via the Services,

in each case except where we have failed to use reasonable care and skill or where the law provides you with a specific remedy.

15.5 Third-party sites and services
The Services may contain links to, or be integrated with, third-party websites, apps or services that we do not own or control. We do not endorse, guarantee or take responsibility for:

(a) any products, services, content or information provided by third parties; or
(b) any transactions you enter into with third-party providers of products or services,

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

15.6 Use your judgement

As with any purchase of products or services, you should use your own judgement and exercise appropriate caution, particularly before relying on information, making bookings or entering into 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 we cannot lawfully exclude or limit. In particular, we do not exclude or limit our liability for:

(a) death or personal injury caused by our negligence (or the negligence of our employees, agents or instructors);
(b) fraud or fraudulent misrepresentation; or
(c) any other matter in respect of which it would be unlawful for us to exclude or limit liability, including any non-excludable rights you have as a consumer under applicable law (such as your rights under the Consumer Rights Act 2015).

16.2 What we are responsible for

If we fail to comply with these Legal Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Legal Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

16.3 Business and indirect losses

We provide the Services for personal, consumer use only. If you use the Services for any commercial, business or re-sale purpose, we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar business losses.

Subject always to Section 16.1, we 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 (for example, by following our safety instructions during lessons, keeping your account details secure, or using appropriate virus protection software).

16.4 Overall financial cap (subject to law)

Subject to Section 16.1 and 16.2, and to the extent permitted by law, our total aggregate liability to you for all losses or damages arising out of or in connection with the 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 this Section 16 apply in addition to, and not instead of, any specific remedies you may have at law. Where you have a statutory right to a particular remedy (for example, a repeat performance or price reduction under consumer law), that right will continue to apply and is not excluded by this Section 16.

17. INDEMNIFICATION

17.1 To the extent permitted by law, you agree to be responsible for, and to compensate us for, any loss, damage, liability, cost or expense (including reasonable legal fees) we suffer or incur as a result of any claim made against us by a third party, where that claim arises out of or in connection with:

(a) your misuse of the Services or use of the Services in a manner that is unlawful or not in accordance with these Legal Terms;
(b) your material breach of these Legal Terms (including any of the representations and warranties you give in them);
(c) any material breach by you of a third party’s rights (including intellectual property, privacy or data protection rights) in connection with your use of the Services or your Contributions; or
(d) any deliberate or reckless act or omission by you that causes harm to another person in connection with the Services (whether online or at an in-person lesson).

17.2 This Section 17 does not require you to compensate us for any loss or damage to the extent it is caused by our own breach of these Legal Terms, our negligence, or any other matter for which we are responsible and cannot lawfully seek compensation from you.

17.3 We may, at our own expense, assume the exclusive conduct and control of the defence of any claim that is subject to this Section 17. If we do so, you agree to provide us with reasonable co-operation (for example, by providing information and documents) in relation to that claim, at our reasonable request.

17.4 We will use reasonable efforts to notify you promptly if we become aware of any claim in respect of which we intend to seek an indemnity from you under this Section 17.

18. USER DATA

18.1 We collect and use personal data about you when you use the Services, including information you provide when creating an account, making bookings, using the dashboards, communicating with us and attending lessons. We act as a data controller in respect of this information and are registered with the UK Information Commissioner’s Office. We will handle your personal data in accordance with applicable data protection law and our Privacy Policy, which forms part of these Legal Terms.

18.2 We may keep records of your use of the Services (for example, lesson bookings, attendance, progress notes and payment history) for purposes including providing and improving the Services, managing our relationship with you, training our staff, handling queries and complaints, and complying with our legal and regulatory obligations.

18.3 We take reasonable technical and organisational measures to protect the data we hold and we may perform routine backups. However, we cannot guarantee that data will never be lost, corrupted or become unavailable. The Services are not intended to be a permanent archive or backup service, and you are responsible for keeping copies of any information or content that you wish to retain independently of the Services.

18.4 Subject to Sections 15 and 16 and to any non-excludable rights you have at law, we will not be responsible for any loss, deletion or corruption of data stored or transmitted via the Services, except where this is caused by our failure to use reasonable care and skill. In such cases, our responsibility will be limited as set out in Section 16 (“Limitation of liability”).

This wording reflects that Competent Swimming Limited is formally registered with the UK Information Commissioner’s Office as a data controller (registration reference ZC044367).

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

19.1 When you visit or use the Services, send us emails, messages through the dashboards, or complete online forms, you are communicating with us electronically. You agree that we may communicate with you electronically (for example, by email, in-account notifications or messages displayed on the Services) in connection with your use of the Services.

19.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be in writing, provided that this is permitted by applicable law.

19.3 You agree to the use of electronic signatures, electronic contracts, electronic orders and other electronic records, and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services. Where you click to “accept”, “agree” or similar in relation to any terms, policies or confirmations on the Services, you acknowledge that this constitutes your electronic signature.

19.4 To the extent permitted by law, you waive any rights or requirements under applicable law that require an original (non-electronic) signature, physical delivery or retention of paper records, or payment or granting of credits by non-electronic means, in relation to your use of the Services. This does not affect any rights you may have to request certain information in a non-electronic format where this is required by law.

20. MISCELLANEOUS

20.1 Entire agreement

These Legal Terms, together with any policies or operating rules we make available on the Services (including our Privacy Policy) constitute the entire agreement and understanding between you and us in relation to the Services, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.

20.2 No waiver

If we do not insist immediately that you do anything you are required to do under these Legal Terms, or if we delay in taking steps against you in respect of your breaking these Legal Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Any waiver of a right must be given in writing 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 of your rights or obligations under these Legal Terms without our prior written consent. We may assign, transfer or subcontract any of our rights and obligations under these Legal Terms (in whole or in part) to another organisation at any time, for example in connection with a reorganisation or transfer of our business, provided that this does not materially reduce the protections you receive under these Legal Terms.

20.4 Events outside our control

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

20.5 Severance

If any provision (or part of a provision) 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 the 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 us. You and we act on our 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 us to enforce any of their terms.

20.8 Interpretation

These Legal Terms shall not be interpreted against us merely because we drafted them. For further information on the electronic form and signing of these Legal Terms, please see Section 19 (“Electronic communications, transactions and signatures”).

21. CANCELLATION OF LESSONS BY COMPETENT SWIMMING

21.1 From time to time we may need to cancel or significantly change a lesson or series of lessons for operational or safety reasons (for example, instructor illness, pool closure, severe weather, or other issues outside our reasonable control). In those situations, our obligations to you are as set out in Section 5 (“Refunds, credits and cancellation policy”), including our commitment, where reasonably possible, to reschedule the affected lesson(s) or provide lesson credits, and, where appropriate, to consider a cash refund for lessons paid for but not delivered.

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

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

(b) you engage in behaviour at or around the lesson venue, or in your communications with us, that is seriously inappropriate, dangerous, antisocial or unlawful;

(d) you fail to pay any sums properly due to us, after we have given you a reasonable opportunity to make payment.

21.3 If we agree that a cash refund is due to you and we are unable to process it automatically to your original payment method, we may ask you to provide reasonable information needed to complete the refund (for example, updated payment or bank details). If you do not provide the information we reasonably require within three (3) months of our first request, we may treat your right to that refund as waived, to the extent permitted by law. 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 us.

22.2 The “Book now” or enquiry form is used to collect initial information about your interest in our Services so that we 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 contract for lessons is formed only when we accept your booking in accordance with 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 there is any inconsistency between information provided in a “Book now” or enquiry form and the booking details shown in your dashboard or confirmation email, the booking details in your dashboard or confirmation email will take precedence.

23. CONTACT US

23.1 If you have any questions about these Legal Terms, the Services, or your bookings, or if you wish to make a complaint, you can contact us 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 We will use reasonable efforts to respond to enquiries and complaints promptly.

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