THESE TERMS
1. What these terms cover.These are the terms and conditions on which we supply swimming classes to you ("the services"). They explain what you can expect from us and what we can expect from you.
2. Other applicable terms.The following additional terms also apply:
  1. Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site and making a booking you consent to such processing and you warrant that all data provided by you is accurate.
  2. Our cookie policy, which sets out information about the cookies on our site.
  3. Our terms of use of the website (paragraph 16 below) which tells you the terms of use on which you may make use of our website, whether as a guest or a registered user.
3. Why you should read them.These terms tell you who we are, how we will provide services to you, how the contract may be changed or terminated, what to do if there is a problem and other important information that you need to be aware of. If you do not understand something in these terms, you must tell us immediately and we will seek to clarify the same.
4. Acceptance of these terms.By booking or by your child attending a swimming lesson with us, you hereby accept these terms and conditions and the cost that is attributed to the lessons provided. Payment will be taken via your nominated account. These terms will form part of the contract between us and are readily available on your online account, accessible at all times when you log on. You will ensure that your child will follow general swimming pool rules and any rules that are specific to a particular swimming pool that we may use. If you do not accept these terms you must not use our website or make any booking.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are.We are Gold Strokes Swim School Limited (CRN: 11983370) and our registered office is at 11 Thornbridge, Teal Farm, Washington, United Kingdom, NE38 8TH.
2. How to contact us.Our preferred method of communication is by email info@goldstrokes.co.uk. This allows us to deal with your enquiry promptly. You can also contact us by telephone on 07939145165 or by writing to the above postal address. Please note that our office hours are between 9am and 5pm on Monday to Friday, and 9am to 1pm on Saturday. We are closed on Sundays and English Bank Holidays.
3. How we may contact you.If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provided to us when you registered at whatadoddle.co.uk.
4. Your contact details.Please ensure that your contact and payment details are kept up to date. If your details change at any time, you must update your account at whatadoddle.co.uk. We are not responsible for any incorrect contact or payment details submitted by you.
5. "Writing" includes emails.When we use the words "writing" or "written" in these terms, this includes emails.
6. You are able to amend your contact and account details through your own individual account by logging on to the booking system and making the necessary changes. If you require us to change the named account holder on the booking system, we must receive the request in writing from the original account holder. The party the account is changing to must be included in all correspondence. They must share with us their contact details, and consent to the change separately from their own contact address. Any outstanding balances must be settled prior to any change over we make by the original account holder. Any changes made by us will not be made during a term. When we have received your request, we will notify you of the date of change prior to the start of the new term. The new account holder must follow the rebooking deadline to guarantee a space for the forthcoming term. The new account holder must also accept these terms and the terms of our privacy policy. If the rebooking deadline has passed when the request is received, the account will be changed prior to the start of the next term thereafter. If there are 2 or more students attached to the account and you wish to separate the account to more than one Customer, the above procedure must be applied, giving details of which Customer will be the account holder for which Student. Any request will be for the subsequent term, as outlined above.
OUR SERVICES
1. What we do.We offer professional swimming tuition to children and adults of all ages and abilities. For more information, please visit our website at https://goldstrokes.co.uk
2. Types of lessons.Broadly speaking, we offer two types of swimming lesson courses:
  1. Group lessons for a period of 4 to 8 consecutive weeks (depending on the length of the school term). Each lesson on a course will be on the same day, at the same time and at the same pool every week for the duration of the course ("Group Lessons").
  2. 1 to 1 lessons and 2 to 1 lessons, for a period of 4 to 8 consecutive weeks (depending on the length of the school term). Each lesson on the course will be on the same day, at the same time and at the same pool every week for the duration of the course ("Private Lessons")

(together the "Courses").

The start date and end date, start time and end time and pool venue can be accessed via your online account. All lessons last for 30 minutes, unless otherwise notified, and will start promptly at the agreed start time. If your child arrives late to the pool, the lesson will not be extended and will end at the agreed end time.
Gold Strokes is the name that we give to swimming lessons for any children from school age of 4 years old.

Your booking.In order to ensure your place we ask you to grant us a continuous payment authority and take part on our re-booking scheme. Please read section 10.3 very carefully to understand how your payments will be taken.
Our acceptance of your booking.Our acceptance of your booking for the Course will take place once you have submitted the correct information in your online customer account including payment card details. You will receive notification that it has been successfully completed. If you place a booking and do not receive confirmation of successful completion within 2 hours of placing your booking, please let us know.
If we cannot accept your booking.If we are unable to accept your booking, we will inform you via your online account or by email and will not charge you for the services.
ONLINE ACCCOUNT
1. Creation of Account.In order to book our services, you will have to create an account. You will log into your online account with the email address that you gave us as part of your registration process. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
2. You must keep your contact details in your online customer account up-to-date because we use this information for our re-enrolment process and to contact you if lessons are cancelled.
3. We will send you newsletters, re-enrolment letters and updates via the email address provided to us on your online account. You may only be unsubscribed from these notifications when you no longer take up our services..
4. We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.
YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the services, please contact us. We will let you know if the change is possible. If it is possible, we will let you know what effect this will have on the price, timing or anything else which would be necessary as a result of your requested change. We will also ask you to confirm whether you wish to go ahead with the change.

If you wish to make a change to your online account, you can do so by logging on to the booking system. Reference 2.6 for more information.

PROVIDING THE SERVICES
1. When we will provide the services.We will supply the services to you for the duration of the Course as set out in the booking.
2. Cancellation by us.If we determine that there is insufficient support for a Course, we have the right to cancel, suspend or postpone the Course before the date of the first lesson. We shall give you as much notice as possible of any such cancellation and we will provide you with a full refund of your Course fee. Our liability for any such cancellation shall be limited to this refund and we shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
3. Reasons we may suspend the services.We will make every effort not to cancel lessons once a Course has started but on rare occasions pool closures or other unforeseen circumstances may force us to do so. We shall give you as much notice as possible of any such cancellation. Our liability for any such cancellation shall be limited to this credit and we shall not be liable for any losses of any kind incurred by you as a result of such cancellation. The credit will be made within 14 days of the date on which we agree that you are to be credited to your online account.
YOUR RIGHTS TO CANCELYou can end the contract before the services have been supplied and paid for. You may contact us within 14 days of receiving confirmation of your booking via your online account, to cancel the Course ("Cooling off Period"). Please note that if your scheduled lessons have started within the Cooling off Period (whether or not you have attended them) you are only eligible for a refund of all future lessons.

Group Lessons. Unless otherwise set out in these terms,if you cannot attend a Group Lesson you will be charged for non-attendance and we cannot offer a refund or credit for the lesson fee. All cancellations must be made in accordance with clause 10 headed “Re-enrollment and Cancellation”

Private Lessons. In respect of Private Lessons, you can cancel the lesson by notifying us via email at info@goldstrokes.co.uk of your wish to cancel no less than 24 hours before the start time of the lesson without incurring cancellation fees. The lesson fee will remain payable if cancellation is notified to us less than 24 hours before the lesson is due to start. If you are in a 2 to 1 lesson and 1 student cancels please note the student attending the lesson will be subject to an uplift in addition to their normal weekly payment. This uplift will meet the difference in the cost requirement of a 1 to 1 lesson. Payment will be taken once the lesson has occurred.

We are unable to cancel private lessons if you have not activated your account and subscription with Doddle as your space is unconfirmed. Once lessons have been booked any lesson cancellations that have fallen within the correct notification period will be credited within 14 days of the resolved payment issue.
All other cancellations must be made in accordance with clause 10 headed “Re-enrollment and Cancellation”.
You may use the model cancellation form set out at the end of these terms, but it is not obligatory.

We ask that you commit to your lessons as improvement is most often seen in lessons that are regularly attended. Attendance is monitored by our pool coordinators, any customers that have missed 3 or more consecutive lessons (not including those cancelled by Gold Strokes and excluding Long Term illness) will be contacted, via details held on their online account to confirm we are withdrawing our lesson offer to them. It is therefore imperative any potential long term absences are brought to the attention of the pool coordinator and support team via info@goldstrokes.co.uk as soon as possible. Gold Strokes is not responsible for any lessons being withdrawn due to insufficient communication from customer. Please ensure the Long Term illness policy is followed (See section 12.2 for further information). All communication of this nature must be communicated directly from customer to pool coordinator and support team. An instructor is not responsible for communicating this message to us and they are not an alternative method of communication. The support team will reconcile the account and any credit will be returned via the nominated card held on their account. To ensure our lessons run smoothly please arrive 10 minutes before your lesson start time. Lessons will run every 30 minutes. Lessons are paid for by monthly subscription.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due.

IF THERE IS A PROBLEM WITH THE SERVICES
1. Complaints. If you are at all unhappy with the service we provide please follow our complaints procedure:
2. Speak to the poolside assistant (if present) or teacher, telephone the office or email a written complaint to the office. The pool or office team member will try to resolve the matter to your satisfaction.
3. If the response is not satisfactory a written complaint should be submitted for the attention of Office Manager at the head office at 11 Thornbridge, Teal Farm, Washington, United Kingdom, NE38 8TH.
PRICE AND PAYMENT
1. Where to find the price for the services.The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your booking unless we have agreed another price in writing. You can access our price list online at whatadoddle.co.uk. We use our best efforts to ensure that the prices of services advised to you are correct. However please see clause 10.2 to see what happens if we discover an error in the price of the services you book.
2. What happens if we get the price wrong.It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service's correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service's correct price at your booking date is higher than the price stated in our price list, we will contact you for your instructions before we accept your booking.
3. How you pay.

Continuous Payment Authority – how it works

In accepting these terms and conditions you will be entering into a Continuous Payment Authority arrangement with us and your bank. This gives us permission to take an agreed amount every month from your bank account to pay for your lessons. We will always agree the amount to be collected with you in advance and this will be based on your projected lessons with us during the year.

Each time a payment is made you will be charged a booking fee which will be calculated as 3.9% +20p of the fee being charged.

You will sign up to this system of payments in your online account. Your account will be credited by your direct payment, and your account debited by enrolment at the lessons based on the current class price, reduced by any credits that are on your account. This will show on your online customer account.

In order for us to take the regular payments we will ask you for your card details from which you wish us to collect your payments. By providing your card details you are allowing them to be stored on a secure payment gateway operated by a third party, details of which are set out in our privacy policy.

The start date when your payments will begin will depend on when you sign up the services and thereafter the recurring payment will be taken on the first of each month or the next business day thereafter.

Insufficient funds or invalid card details

If sufficient funds are not available from your account on the agreed date, your card issuer may decline the continuous payment authority request. If your card issuer declines a payment, we will inform you by email that Doddle will make further attempts to take the payment at a later date. You should also contact us to agree an alternative repayment option.

You are responsible if you do not update your debit credit card details and they have changed. You can change your debit or credit card details at any time through your online account at whatadoddle.co.uk.

After the payment due date, if a recurring payment has failed, places are not guaranteed and will be offered to any customers waiting for a place in that class.

If a recurring payment has failed we may charge interest to you on the overdue amount at the rate of 1.5% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

Re-enrollment and Cancellation

Should you wish to cancel your recurring payments and therefore future Group Lessons and/or Private Lessons, we ask that you give us 28 days’ written notice (by email at info@goldstrokes.co.uk or by post) and we will cancel the direct payments. Based upon the credit accrued on your account we will then inform you of your final lesson date. You may use the model cancellation form set out at the end of these terms, but it is not obligatory. Your notice will only be valid when you receive written confirmation back from us.

Your account will be reconciled. Any money owed will be deducted from your current payment method, any money owed back to you will be credited. If you wish for this money to be credited to the bank account from which it came, please also state this in writing.

Failure to give 28 days’ written notice before your next payment is due to be taken will incur another monthly payment being taken. In addition to this you may also cancel your payments directly with your card issuer. If you have not contacted us to cancel, your place will be automatically re-booked on to the next Course and you authorise us to use the card details you have logged with us to debit the money due.

If there are any issues regarding payments please contact us on 0191 2817678.

Payment cannot be made by cheque or cash or accepted at any swimming pools or lesson venues.

Apart from those refunds referred to at paragraphs 6, 7 and 12 you shall not be entitled to any refunds. If your child refuses to get into the water or you decide you no longer want your child to attend the Course, we will not give refunds or credits. We try to arrange that your child has the same teacher for each lesson within the Course but we cannot guarantee this due to illness or holidays of the teacher and any unforeseen circumstances. You may not claim a credit or a refund due to a change in teacher or venue.
If you wish to query a payment or seek a refund please contact us at info@goldstrokes.co.uk. We are able to review payment queries for terms which immediately precede the term we are currently in. If we are within our holiday dates then we will review payment queries for the term immediately preceding this. Reviews of payments are done on an individual basis and we will provide a written decision to you within 7 days of your original request or notify you if we expect the decision to be longer than this and therefore providing a revised response date. If a refund is deemed appropriate this will be processed within 14 days of written confirmation a refund is owed.
Increase in Prices. We may have to increase our prices but any such increase will not occur more than once in every 12 months. We will give you at least 6 weeks’ notice of any increase and you may cancel your lessons and your continuous payment authority with us by giving us 14 days’ written notice prior to the increase taking effect.
HOLIDAYS

When you are on holiday - In respect of the Group Lessons only, if you wish to take holiday during a Course so that your child misses a lesson or lessons within the Course, you must still pay for the entire Course. You shall of course retain your place on the Course for the duration of the Course.

SICKNESS AND MEDICAL CONDITIONS
1. When the named student on your account is sick.If your child is ill, you must contact us via your online account by 9am on the day of the lesson, so that we can inform the teacher that your child will not be attending your lesson. We will not provide refunds or credits for absence from booked lessons due to illness, regardless of the number of lessons missed as a result.
2. Long term illness.If your child suffers a serious illness affecting him or her for more than 4 weeks, we may at our discretion offer you a credit for all lessons missed if:
  1. you inform us of the condition and prognosis no less than 48 hours before the first lesson to be missed;
  2. you provide us with a doctor's note detailing your child's illness or medical condition;
  3. we are able to find a replacement pupil for your child's place in the lesson.
3. You must declare to us in writing by logging into your customer account all medical conditions affecting your child, regardless of the severity.
4. If your child is experiencing chicken pox they must not attend lessons whilst they are still infectious. We suggest you are guided by a medical professional as to when it is safe to return to the pool. Please bear in mind that although the infectious stage may be over, your child's skin may still be sensitive and therefore chlorine may or may not aggravate this. As recommended by the NHS if your child has experienced diarrhoea please ensure that they do not return to the swimming pool for two days after the last episode of diarrhoea. This is a safe way to maintain cleanliness and hygiene in public swimming pools and to limit the spread of infection. We would also advise a period of 48 hours break from the pool if your child has experienced any vomiting or stomach upset. If your child experiences an ear or eye infection we suggest you seek professional medical advice on when your child is able to return the pool.
PARENTAL RESPONSIBILITIES
1. Photographs and videos.Taking photographs and/or videos are NOT permitted at any point during the lessons. If you do take pictures you will be asked to delete the pictures and videos (witnessed by a member of staff). Please do not take offence at this as we have a duty of care to all of our customers. As a company we may require occasional pictures or videos of lessons, staff and the facility. We will always ask for permission to take these and the pictures or videos used will be readily available for you to view, please just ask.
2. Make sure you are spectating in the areas provided at your pool and that you do not interfere with the lessons taking place. If you are on poolside please keep the noise levels to a minimum allowing the best communication to the class. Please avoid gesturing to the children during a session i.e. using your arms to show them how it is done or indicating to them you wish them to move in a certain way. This can place unnecessary pressure on them and have an adverse effect. If you need to go on poolside please make sure you wear the pool shoe covers provide. If these are not provided please take shoes off at the entrance to the pool.
3. Mobile phones.Mobile phones should NOT be used on poolside at any time and children should leave mobile phones in their swimming bags or at home. We will not take responsibility if phones are lost or stolen.
4. You must not leave the premises whilst your child is in the swimming pool.
5. Personal swimming attire.It is advised that girls wear a full one-piece swimming costume and boys wear swimming trunks. Please avoid baggy shorts such as surfing/board shorts and bikini's. We would recommend children bring their own goggles if they wish but they are not mandatory. We do not provide goggles to borrow due to hygiene reasons but do stock a range of goggles for you to purchase. Long hair must be tied up or hats are to be worn. This should be done before entering poolside. Make sure the child goes to the toilet and showers before the start of the lesson.
OUR LIABILITY
1. We are not liable for damage to your property.We shall not be liable for any loss or theft of your or your child's personal possessions and all property left by you on the property is done so at your own risk.
2. We will take every reasonable precaution to ensure security and safety at our swimming lessons, but we are not liable in any way for any loss or damage arising from our swimming lessons or the swimming pools that we use. However, nothing in these terms shall limit the liability of any person for death or personal injury caused by negligence.
3. As part of our structured lesson programme our Instructors use a variety of teaching methods to deliver our message. By accepting these Terms and Conditions you are agreeing to our Instructors being in the water with your child and at times where applicable may need to be in physical contact with them. The reasons for this are not exhaustive but do include, demonstration, guidance on how to deliver swimming technique or safety. All of our Instructors are trained in line with statutory and company guidelines. This includes manual handling pertinent to the safe delivery of our lessons as well as an adherence to child protection policies and guidelines.
4. Our instructors undertake comprehensive training which may include teaching alternative lessons. This is restricted to once per term. You therefore may have a different instructor for 1 lesson in a term due to training. We will endeavour to inform you in advance of this should your course be affected.
5. Venues including their property.It is your responsibility when you visit your designated pool to be mindful and respectful of its structure and contents. Please ensure if you notice any damage to the venue or its property that you notify the relevant party immediately. Any damage caused to the venue is not the responsibility of Gold Strokes. As a result all damage caused will be paid for by the individual concerned and Gold Strokes will not be liable for this. If the damage is due to fault by the property then they themselves will be liable for the cost of repair.
OTHER IMPORTANT TERMS
1. 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
2. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
3. If a court finds part of this contract illegal, the rest of it will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
6. How we will use your personal information. We will use the personal information you provide to us (about you and those of your child/children) to supply our services to you and process your payment for such services. We will need to pass your personal information to other third parties to process your payments. Any payment card details that you choose to save within our payment system will be held 100% securely by our payment processor ‘Stripe’. Your email address will be used to create your online account and for all communications. By providing us with an email address you are agreeing to receive communication from us by email.
TERMS OF USE OF SITE
1. Our sites.https://goldstrokes.co.uk is a site operated by Gold Strokes Swim School Limited (CRN: 11983370).
2. Access to our sites are permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice. We will not be liable if for any reason our sites are unavailable at any time or for any period.
3. Intellectual Property Rights.We are the owner or the licensee of all intellectual property rights in our sites, 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 must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of our sites (including content, images, designs, look and feel) without our prior written consent. If you print off, reproduce, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. No reliance on Information.The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites are accurate, complete or up-to-date.
5. Limitation of Liability.
  1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites or any content on them, whether express or implied.
  3. We will not be liable to any user 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:
    1. use of, or inability to use, our sites; or
    2. use of or reliance on any content displayed on our sites.
  4. If you are a consumer user, please note that we only provide our sites for domestic and private use. You agree not to use our sites 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.
  5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
  6. We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  7. 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.
  8. 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.
  9. You must not establish a link to our sites in any website that is not owned by you.
  10. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.
  11. We reserve the right to withdraw linking permission without notice.
6. Third Party Links.Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
7. Applicable Law.If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract in accordance with clause 7)

To : Gold Strokes Swim School Limited (CRN: 11983370) 11 Thornbridge, Teal Farm, Washington, United Kingdom, NE38 8TH

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service [*],

Ordered on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

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