Booking Terms and Conditions

Health and Safety

  1. In all circumstances, you are responsible for your own health and wellbeing, and for that of your baby. You agree not to carry out any activity beyond your own ability. You agree that you take part in our sessions at your own risk.

Risks Associated with Water Activities 

2. All activities involving water carry some form of risk. You should not carry out any activity that you have been told is not suitable for you.

3. You should only participate in our sessions if you are confident in water, and you know of no-good reason why you should not participate in a water based activity. You must stop any activity if you are unwell, or you are injured. You agree to stop any activity if we advise you to.

Pool and Instructor Rules

4. You must behave responsibly and follow the guidance and instructions of your instructor at all times. There may be other rules associated with using the pool put in place by the pool operator; you should always follow these rules. 

5. You must not bring anybody else to the session with you, especially children, unless we have agreed otherwise in advance. 

6. We reserve the right to take such steps as we consider reasonable in light of any prevailing circumstances; this includes refusing you access to the pool area, or requiring you to leave, or withdrawing our service in whole or in part from you. 

7. You must only enter the pool when instructed to do so. You must not run in the pool area.

8. You must wear suitable swimwear. We do not allow floatation devices as these can be dangerous. 

9. Please arrive on time and at least ten minutes before your session starts. We do not give refunds for sessions that are missed or at which you arrive late, nor do we wait for everybody to arrive before we start. 

10. Video or photography in the pool area is strictly prohibited unless we agree otherwise. 

Medical Conditions

11. If you suffer from any medical condition (irrespective of how serious), you must notify us in advance of your first session.

We may stipulate that you cannot take part in our sessions unless this has been agreed in advance by an obstetrician, midwife or physiotherapist. If you are in any doubt, please seek medical advance before booking your first session.

12. You must let your instructor know at the start of each new session if you have any concerns, or if anything about your medical situation, or that of your baby, has changed, even if it does not at first appear relevant or significant. 

13. We reserve the right to ask you not to participate in a session, or to limit your participation in a session, if we think that there is a legitimate reason for doing so – you must comply with such instructions. In this situation, you are not entitled to a refund unless we agree otherwise in writing. 

14. You must not attend and participate in any session if you suffer from, or exhibits symptoms of, any form of sickness; ear, eye, nose, throat or chest infection; cold; diarrhoea; conjunctivitis; chicken pox; measles; high temperature; injury; persistent cough; loss or change to taste or smell; COVID-19, or any other spreadable or contagious illness. You must not use the pool if you have had sickness / diarrhoea in the last 48 hours. 

Limitation on LiabilityPLEASE READ CAREFULLY

15. Nothing in these terms will exclude any liability which cannot be excluded by law, such as, but not necessarily limited to, injury caused by our negligence.

16. We do not accept any liability (howsoever arising and to the fullest extent permissible by law) for any loss or damage to your belongings, which you bring at your own risk. 

17. We do not own or occupy the pool. We accept no liability (howsoever fully arising and permissible by law) for any loss, damage or injury caused or occasioned as a consequence of any defect, hazard, or feature of the pool or the pool building or car park. 

18. We do not accept any liability for any loss, damage or injury that is not reasonably foreseeable as a result of our negligence or breach of duty or which is of an indirect or consequential nature. Our total aggregate liability is limited to the level of our public liability insurance cover. 

19. Our sessions are designed to be fun and rewarding and are based on a model promoted by the Swimming Teacher’s Association. However, we do not guarantee that participation will result in any goal or outcome.  

20. We are not responsible for any loss, damage or injury caused directly or indirectly as a consequence of you doing something which we have advised you not to do or omitting to do something which we have told you to do, whether that something is set out in these terms and conditions or some other document (including our oral instructions from poolside). 

Payments 

21. Our charges for sessions are payable in advance.

22. We are not VAT registered and therefore VAT is not chargeable as part of our fee. 

Cancellation Policy 

23. All payments made are non-refundable unless there is an express right to a refund set out in these terms and conditions. 

24. If we cancel a session because of circumstances that are not within our reasonable control, then you are entitled to a refund for the session we cancelled unless we are able to reschedule the session for you. Any refund is payable within thirty days. 

25. If we cancel a session because of circumstances that are beyond our reasonable control, then we will use reasonable efforts to reschedule the session for you, but we do not guarantee being able to do this. If we are not able to reschedule the session for you, then you are not entitled to a refund. 

26. We do not own or control the pool. So, for the purposes of these terms and conditions, circumstances beyond our reasonable control include, but are not limited to, the closure or unavailability, either temporarily or permanently, of the pool. 

Photography and Film

27. From time to time, we may take photographs or video film of our sessions and upload those to the internet via social media or otherwise as part of our promotional work. You consent to us including your image on such photographs and film, but you have the right to ask not to be included. However, please note that if you exercise your right for your image not to be used, we do not guarantee being able to remove images already in circulation. 

Variation

28. We reserve the right to vary these terms and conditions where the variations are reasonable, and it is in our legitimate interests to do so. We will notify you of any changes in writing and they will become binding on you from the date of that notification.

29. We take data protection seriously. Your personal information will be stored safely by us in accordance with the Data Protection Act 2018 and the General Data Protection Regulation. Any medical information that you provide to us will be used solely for the purposes of assessing your / your child’s suitability for participation in, or adapting, our sessions. For more information about how we store and use your personal information, or exercising your statutory rights, please see our Privacy Policy

Third Parties and Assignment

30. Only the parties to this contract may enforce these terms and conditions. This agreement is personal to you and may not be assigned or transferred to any third party. 

Whole agreement

31. This is the entire agreement relating to its subject matter. You acknowledge that you have not been induced to enter into this agreement based on any representation that we or anybody else has made. No other terms apply. 

Feedback

32. We hope you have an enjoyable and rewarding time with us, but if you do have any feedback, please get in touch.  If you are unsure about or disagree with, anything in these terms and conditions, do not agree to them. Please talk to us first – we are here to help. 

Law and Jurisdiction

33. These terms and conditions are governed by the laws of England and any dispute about them shall only be dealt with by the courts of England. 

 

Website terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website aqua-bumps.co.uk (our site).

Who we are and how to contact us.

aqua-bumps.co.uk is a site operated by Kerry Ansell(“We”).

By using our site you accept these terms.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you.

These terms of use refer to the following additional terms, which also apply to your use of our site:

  1. Our Privacy Policy 
  2. Our Cookies Policy which sets out information about the cookies on our site.

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our site from time to time.

We may suspend or withdraw our site.

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

How you may use material on our site.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our site.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users.

If you wish to complain about content uploaded by other users, please contact us.

Our responsibility for loss or damage suffered by you.

Whether you are a consumer or a business user:

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  3. use of, or inability to use, our site; or
  4. use of or reliance on any content displayed on our site.
  5. In particular, we will not be liable for:
  6. loss of profits, sales, business, or revenue;
  7. business interruption;
  8. loss of anticipated savings;
  9. loss of business opportunity, goodwill or reputation; or
  10. any indirect or consequential loss or damage.

If you are a consumer user:

  1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

Uploading content to our site.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with content standards.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We are not responsible for viruses and you must not introduce them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.