1. THESE TERMS

1.1. 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. These terms apply to the weekly programme of lessons.

1.2. Other applicable terms. The following additional terms also apply:

1.2a. 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.

1.2b. Our cookie policy, which sets out information about the cookies on our site.

1.2c. 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.

1.3. 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.

1.4. Acceptance of these terms. By booking or by 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 (and any adults in the pool with them) 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, make any booking, or attend our lessons.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are PACE (trading as Nemos CRN: 08426110 and our registered office is at PaddlePod (Killingworth), Silverbirch Drive, Camperdown, Newcastle Upon Tyne, NE12 5AB.

2.2. How to contact us. Our preferred method of communication is by email hello@nemoswimming.co.uk. This allows us to deal with your enquiry promptly. You can also contact us by telephone on 0191 281 7678 or by writing to the above postal address. Please note that our office hours are between 9am and 5pm on Monday to Friday.

2.3. 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 via our online booking system.

2.4. 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 online account. We are not responsible for any incorrect contact or payment details submitted by you.

2.5. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.6. 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.

3. OUR SERVICES

3.1. What we do. We offer swimming classes to babies, toddlers and pre-school children. For more information, please visit our website at www.nemoswimming.co.uk

3.2. Types of lessons. Our swimming lessons are delivered as small group sessions. Babies and toddlers must be accompanied in the pool by a responsible adult (one per child) – these lessons are based on the age of the swimmer and, at times, there may be a mix of more than one age group in a class. Children enrolled in our pre-school lessons will attend without their grown-up in the pool – these lessons are based on the ability of the swimmer and there may be a mix of more than one stage in each class.

The start date, start time and pool venue can be accessed via your online account. Our lessons last for 30 minutes, unless otherwise notified, and will start promptly at the agreed start time. If you arrive late to the pool, the lesson will not be extended and will end at the agreed end time. To ensure our lessons run smoothly please arrive at the venue 10 minutes before your lesson start time, arriving on poolside no earlier than 5 minutes before the lesson start time. Lessons are paid for by monthly subscription. Nemo Swimming is the name that we give to swimming lessons for any babies, toddlers or pre-school children.

3.3.a. 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 9.3 very carefully to understand how your payments will be taken.

3.3.b Our acceptance of your booking. Our acceptance of your booking for the lessons 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.

3.3.c 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.

4. ONLINE ACCOUNT

4.1. 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.

4.2. 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.

4.3. When you create your account, you will be able to opt-in or opt-out of receiving marketing emails from us. Please note that, regardless of your marketing preferences, you will still receive regular emails with important information about your lesson information. You may only be unsubscribed from these when you no longer take up our services,

4.4. 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.

5. YOUR RIGHTS TO MAKE CHANGES

5.1. 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.

5.2. If you wish to make a change to your online account, you can do so by logging on to the booking system.

6. PROVIDING THE SERVICES

6.1. When we will provide the services. We will supply the services to you for the duration of your contract with us. On occasion, we may need to alter how we provide a service, based upon guidance set out by Government and governing bodies. This includes, but is not limited to, lesson capacities, entry and exit to buildings, the viewing of lessons being suspended, facial coverings being worn in and around facilities or a change of teacher. This list is not exhaustive. We will make every effort to ensure yearly term dates are offered in advance.

6.2. Cancellation by us. If we determine that there is insufficient support for a lesson, we have the right to cancel, suspend or postpone the lessons. We shall give you as much notice as possible of any of any such changes and will inform you of alternative classes available to you. In the event that we are unable to find a suitable alternative, the cost of the lesson will be credited to your online account. This credit can be used towards future lessons. If this is a permanent cancellation you will be issued with a refund of your lesson 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.

6.3. Reasons we may suspend the services. We will make every effort not to cancel lessons 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. Where we have to cancel sessions, these lessons will be credited to your online account. This credit can be used towards future lessons. This credit is non-refundable. 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.

6.4. YOUR RIGHTS TO CANCEL - You can end the contract before the services have been supplied and paid for. You may contact us within 14 days of making your original booking via your online account, to cancel the lessons ("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. Please note that section 6.4 applies to continuous swimming lessons only. Swim camps and other ad-hoc lessons are non-refundable, unless otherwise stated.

6.5.a. Missed lessons - Unless otherwise set out in these terms, if you cannot attend a 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 “Cancellation”

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 4 or more consecutive lessons (not including those cancelled by PACE and excluding Long Term illness will be contacted, via details held on their online account to confirm their future attendance to the lessons. See section 7.2.

6.5.b. CATCH UPS - When you are unable to attend

- you are now able rearrange your own lessons through your DoDays portal- https://www.dodays.co.uk/sign-in From the 1st September 2025

From the 1st September 2025 catch ups will NO longer be able to be booked via email or over the phone, you will only be able to do this through your DoDays account

Below is a link that will direct you to the DoDays support page which gives you a step by step guide on how the process will now work, we have tried to make this as easy and intuitive as we can.

https://support.dodays.co.uk/families/catch-ups/

CHANGES TO NOTE:

Catch ups will be capped at 6 catch ups per 12 months (rolling). This is an automated process through the system.

Catch ups will have the same “rules” as before and these will not be changing.

Catch up’s can ONLY be booked for AFTER your ‘missed’ lesson has taken place and not before your scheduled lesson, you can bank it up until the time of your lesson then you have 14 days to book in a catch-up, once the 14 days have passed your catch up will expire and it will not be able to be used.
You will not be able to book a catch up on the same day as your scheduled lesson.
Once a catch up is booked, it CANNOT be rearranged
To use your banked catch-up session, your child MUST have an active booking with us
We reserve the right to change the catch up process at any time

7. OUR RIGHTS TO END THE CONTRACT

7.1. 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.

7.2. If you fail to attend 4 or more consecutive lessons (not including those cancelled by PACE and excluding Long Term illness) and have not informed us of your absence. The account holder will be contacted, via details held on their online account to confirm their future attendance to the lessons and the potential that we are withdrawing our lesson offer to them. The support team will reconcile the account and any credit will be returned via the nominated card held on their account. It is therefore imperative any potential long term absences are brought to the attention of the pool coordinator and support team via hello@nemoswimming.co.uk as soon as possible. PACE is not responsible for any lessons being withdrawn due to insufficient communication from customer. Please ensure the Long Term illness policy is followed. All communication of this nature must be communicated directly by the customer directly to hello@nemoswimming.co.uk. An instructor is not responsible for communicating this message to us and they are not an alternative method of communication.

8. IF THERE IS A PROBLEM WITH THE SERVICES

8.1. Complaints. If you are at all unhappy with the service we provide please follow our complaints procedure:

8.1.a Speak to the poolside assistant (if present) or teacher, telephone or email a written complaint to the office. The pool or office team member will try to resolve the matter to your satisfaction.

8.1.b If the response is not satisfactory a written complaint should be submitted for the attention of Office Manager at the head office at PACE @ PaddlePod (Killingworth), Silverbirch Drive, Camperdown, Newcastle Upon Tyne, NE12 5AB.

9. PRICE AND PAYMENT

9.1. Where to find the price for the services. The price of the services 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 via our online booking system. We use our best efforts to ensure that the prices of services advised to you are correct.

9.2. 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.

9.3. 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 4.0% +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.

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

Please note that bookings made for Swim Camps and ad-hoc lessons are to be paid for in full at time of booking, the above continuous payment does not apply

9.4. 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 the online booking system 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

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.

9.5. Payment queries

If there are any issues regarding payments please contact us on 0191 2817678 or at hello@nemoswimming.co.uk.

9.5.1. If you wish to query a payment please contact us at hello@nemoswimming.co.uk. 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.

9.5.2. Delayed subscription. At times we may delay a subscription due to credit on your account or if there are changes to your lessons which affect the monthly subscription price.

9.6. 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 4 weeks’ notice of any increase and you may cancel your lessons and your continuous payment authority with us by giving us 28 days’ written notice prior to the increase taking effect.

9.7. 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 lessons, we will not give refunds or credits. We try to arrange that your child has the same teacher for each lesson 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.

10. Cancellation

10.1. 28 Days Notice Should you wish to cancel your recurring payments and therefore future lessons, we ask that you give us 28 days’ written notice (by email at hello@nemoswimming.co.uk) 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. In the event of business suspension, your notice period can not be served, therefore will only be valid during business operation. You will receive information regarding your notice period from us, should this be affected by business suspension.

10.2. Reconciliation Your account will be reconciled. Any money owed will be deducted from your current payment method at the point of reconciliation, 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. All refunds or credits of any nature may be subject to a fixed administration fee of £20.

10.3. Failure to give 28 days’ written notice before your next payment is due to be taken may incur another monthly payment being taken. If you have not contacted us to cancel, your place will be automatically continue and you authorise us to use the card details you have logged with us to debit the money due.

11. SICKNESS AND MEDICAL CONDITIONS

11.1. When the named student on your account is sick. If your child is ill, you must contact us via the office 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. PLEASE REFER TO 6.5.b

11.2. If you are self-isolating or shielding we are not liable for the cost of missing a/several lesson(s). We will not provide refunds or credits for absence from booked lessons due to self-isolation or shielding.

11.3. Long term illness. If the swimmer has 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:

11.3.a. you inform us of the condition and prognosis no less than 48 hours before the first lesson to be missed;

11.3.b. you provide us with a doctor's note detailing the illness or medical condition;

11.3.c. we are able to find a replacement swimmer for the place in the lesson.

11.4. You must declare to us in writing by logging into your customer account all medical conditions affecting the swimmer, regardless of the severity.

11.4.1 You must let us know when the swimmer is ready to return to lessons and we will review whether their original class is still suitable or whether they may be better suited in another class. IF you return to lessons we will use the credit on your account.
11.4.2. If you do not return to lessons, then credit may not be used for future bookings and will be lost. this credit has been used to secure your place in a class in absence.
11.4.3. We will normally hold a space in a class for no more than 2 calendar months. At which point we reserve the right to remove you from the class.

11.5. Common illnesses
Please refer to the NHS guidance for when it is appropriate for the user to return to swimming lessons after being unwell. By following the guidance you are protecting the other swimmers in the class, the instructor and anyone else the user may come into contact with.

11.5.a. Chicken Pox

If the user 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, the skin may still be sensitive and therefore chlorine may or may not aggravate this.

11.5.b. Sickness and Diarrhoea

As recommended by the NHS if the user 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 the user has experienced any vomiting or stomach upset.

11.6.c. Ear or Eye infection

If the user experiences an ear or eye infection we suggest you seek professional medical advice on when they are able to return the pool.

11.6.d.Covid

You must follow the up-to-date Government advice to protect others that you may come into contact with.

12. PARENTAL/GUARDIAN RESPONSIBILITIES

12.1. 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.

12.2. 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 swimmers 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 take your shoes off at the entrance to the pool.

12.3. Mobile phones and tablet devices. Swimmers must NOT use mobile phones or tablet devices on poolside or in the changing areas at any time and swimmers should leave mobile phones and tablet devices in their swimming bags or at home. We will not take responsibility if phones or tablet devices are lost or stolen. Please note that PACE staff (including instructors) may need to use mobile phones or tablet devices on poolside to check class or student details. This is covered by a staff mobile phone policy.

12.4. You must not leave the premises whilst your swimmer is in the swimming pool.

12.5. Personal swimming attire. It is advised that females wear a full one-piece swimming costume and males wear swimming trunks. Please avoid baggy shorts such as surfing/board shorts and bikinis. Babies and toddlers MUST wear a double nappy while in the pool. This comprises:

- A swim nappy (reusable or disposable

- A neoprene nappy cover over the top which provides a snug fit/seal around your child’s tummy and legs. We highly recommend the Splash About Happy Nappy.

We recommend that pre-school swimmers bring their own goggles if they wish but they are not mandatory. We do not provide goggles or neoprene nappy covers to borrow due to hygiene reasons but do stock a range of products for you to purchase.

Long hair must be tied up while in the pool. This should be done before entering poolside. Make sure the user goes to the toilet and showers before the start of the lesson.

13. OUR LIABILITY

13.1. 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.

13.2. 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.

13.3. 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.

13.4. Our instructors undertake comprehensive training which may include teaching alternative lessons. You therefore may have a different instructor for lessons in a term due to training. We will endeavour to inform you in advance of this should your course be affected.

13.5. 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 PACE. As a result all damage caused will be paid for by the individual concerned and PACE 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.

14. OTHER IMPORTANT TERMS

14.1. 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

14.2. 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.

14.3. 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.

14.4. 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.

14.5. 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.

14.6. 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.

15. TERMS OF USE OF SITE

15.1. Our sites. http://nemoswimming.co.uk is a site operated by PACE.

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.

15.2. 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.

15.3. 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.

16. Limitation of Liability.

16.1. 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.

16.2. 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.

16.3. 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:

16.3.a. use of, or inability to use, our sites; or

16.3.b use of or reliance on any content displayed on our sites.

16.4. 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.

16.5. 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.

16.6. 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.

16.7. 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.

16.8. 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.

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

16.10. 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.

16.11. We reserve the right to withdraw linking permission without notice.

17. 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.

18. 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 : PACE @ PaddlePod (Killingworth), Silverbirch Drive, Camperdown, Newcastle Upon Tyne, NE12 5AB

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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