Terms & Conditions

Last updated: 13 March 2026

Welcome to Great Waves Swimming Academy! We provide swimming lessons for swimmers of all ages and abilities.

In these terms and conditions (Terms), when we say you or your, we mean the person expressing an interest in our swimming lessons (either for yourself or as a parent or guardian on behalf of your child) on our website (Site) or the person agreeing to our swimmer sign-up form (either for yourself or as a parent or guardian on behalf of your child) (Sign-Up Form) for our swimming lessons, as particularised in the Sign-Up Form (Services). When we say we, us or our, we mean GWSA Teaching Ltd, a company registered in England and Wales with company number 16622664. These Terms are entered into between us and you, each a Party and together the Parties.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning throughout these Terms, or all together in the Definitions section near the end.

For questions about these Terms, or to get in touch with us, contact us using the details below:

Our registered VAT number is 451 8018 07.

1. These Terms

   1. What these Terms Cover: These Terms contain the terms and conditions on which we supply the Services to you. Please read these Terms carefully before you accept these Terms. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end these Terms, what to do if there is a problem with the Services and other important information.
   2. How to tell us about problems: If you have any questions or complaints about the Services, please contact us to discuss (using our contact details above).

2. Acceptance and Term

   1. You accept these Terms by checking the box when using the Sign-Up Form.
   2. If you are a parent or guardian of a child, you acknowledge and accept that the Terms of this Agreement will be accepted by you on behalf of the child. By accepting this Agreement, you will ensure that the child will comply with these Terms at all times and that you have accepted the Agreement for the child's benefit.
   3. These Terms apply from the earlier of when you submit an enquiry with us for our Services and accepting our Sign-Up Form, until the date on which these Terms are terminated in accordance with their terms.
   4. If you make a booking through the Site, and you expressly request that we start providing the Services to you within your 14-day cancellation period, you acknowledge that you will lose your right to cancel within the first 14 days under the consumer laws.

3. Use of the Site

   1. You must not use the Site and/or make a booking for our Services with us unless you are at least 18 years old.
   2. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
      1. anything that would constitute a breach of an individual's privacy or any other legal rights;
      2. using the Site to defame, harass, threaten, menace or offend any person;
      3. using the Site for unlawful purposes;
      4. interfering with any user of the Site;
      5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
      6. using the Site to send unsolicited electronic messages;
      7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
      8. facilitating or assisting a third party to do any of the above acts.
   3. All personal data that you give to us will be treated in accordance with our privacy policy.

4. Services

   1. In consideration of your Payment of the Price, we will provide the Services in accordance with these Terms and any applicable Laws, whether ourselves or through our Personnel.
   2. You agree to fill in your details on our Site and provide any other information we may reasonably require for us to provide the Services.
   3. We reserve the right to refuse providing Services if we are unable to provide the Services in accordance with our professional obligations or applicable laws.

5. Free Trial

   1. Before signing up for our swimming lessons, the first step is generally for us to undertake a free initial assessment with our students to assess the needs and abilities of swimmers (Free Trial Session). After expressing interest in our Services, we will offer you our availability for the Free Trial Session.
   2. Free Trial Sessions must be booked a maximum of 14 days in advance and are subject to availability.
   3. Each student is only entitled to one Free Trial Session.

6. Booking Lessons

   1. Following the Free Trial Session, we will consider whether our lessons are suitable and a good fit for the student and email you with the suitable lessons available to you. To confirm the student's space in the lesson, you will need to make payment of the applicable Price for the 1st month of the Services, within 48 hours of receiving our email. We will provide you with future invoices in accordance with clause 13. All lessons are subject to availability.
   2. Once you have selected the Services you wish to purchase, paid the purchase price for the Services (Price) and accepted these Terms, a binding contract will come into place for our provision of the Services to you.
   3. We cannot guarantee that the teachers will always be the same or that each class will always run.

7. Cancellations and Rescheduling

   1. As we operate from up to 6 different swimming pools, your lesson is subject to change in timings or locations.
   2. In the unlikely event that we need to cancel a lesson due to no fault on your part, such as where the swimming pool cannot be used for a short-term period or our team is unwell or issues due to adverse weather conditions, we will aim to provide you with as much notice as possible. Depending on the circumstances of changes, we will contact you via email or text message using the contact details you provide when signing up. You will be offered a refund, an alternative lesson (including at an alternative location), offer you a credit or we can rollover your payment to the following month.
   3. Where you need to cancel or reschedule a lesson with us, the following provisions apply:
      1. if, for any reason, you need to cancel a lesson with us, we are unable to provide a credit or refund. We may offer you a replacement lesson (Catch-Up Lesson) for last minute absences, which must be applied for no later than 48 hours after your missed lesson. To book a Catch-Up Lesson, please follow the procedure outlined in clause 8.
      2. you are entitled to 6 Catch-Up lessons at Keston Primary School, St Giles School, The Beach, The Hayes Primary School and Woldingham School. For Thomas More Catholic School, you are entitled to 8 Catch-Up lessons, in accordance with clause 10;
      3. rescheduling lessons are subject to availability and subject to clauses 8 and 11, depending on the circumstances of your absence;
      4. without limiting your consumer law rights, we are unable to refund or credit your missed lesson in any event, for example, where you are unable to attend due to adverse local weather conditions, where the swimming pool and location is accessible and safely operating and where you have used your quota of Catch-Up Lessons and Holiday Allowances;
      5. if you are more than 15 minutes late to your lesson and do not contact us in advance to let us know, the lesson will be considered cancelled by you without notice;
      6. where you do not provide us with notice to cancel a lesson, or you are more than 15 minutes late to the lesson, the Price will constitute the cancellation fee. No refunds will be provided. You acknowledge and agree that this is a genuine pre-estimate of our loss arising as a result of your failure to give us notice of your unavailability, or attend your lesson on time;
      7. if a student is unable to attend lessons for an extended period of time, for example, where the student is suffering from long-term illnesses or for discretionary/compassionate leave, we may temporarily suspend lessons, and hold the student's space. If the absence is due to long-term illnesses, we will require written confirmation from a medical practitioner of the condition and prognosis; and
      8. we offer 3 Holiday Allowances, per student, at Keston Primary School, St Giles School, The Beach, The Hayes Primary School and Woldingham School. For Thomas More Catholic School, you are entitled to 5 Holiday Allowances. Holiday Allowances are per Academic Year as defined in clause 11.
   4. In case of illness or any health-related issues, you agree that:
      1. if you or your child develop or have any known or suspected medical conditions, we require you to consult a medical practitioner before bringing them to a lesson;
      2. as soon as you are aware of any known or suspected medical conditions, it is your responsibility to promptly notify us and we will require written confirmation from your medical practitioner that the student is fit to participate in lessons. We will require this to evaluate whether it is safe for a student to swim;
      3. in the event any illnesses are contagious, we may need to disclose information to others benefiting from our Services due to the potential risks posed to them. We will disclose such information in accordance with clause 17;
      4. children must not attend any lessons under any circumstances if they are suffering from ear infections, diarrhoea, chicken pox, impetigo, conjunctivitis or a bad cold. We require confirmation from a medical practitioner that confirms the child is fit and well before returning to lessons;
      5. in cases of sickness and diarrhoea, your child must have been clear of all symptoms for 48 hours before attending a lesson, this is at the discretion of the local swimming pool's rules at the time;
      6. we can refuse entry to the swimming pool if it is believed your child is not well enough to participate or a medical issue presents itself; and
      7. we can require written confirmation from a medical practitioner that your child is well enough to participate.

8. Safeguarding

   1. We may be required to disclose confidential information (including any Personal Data) of a child who is receiving the Services without your consent where we have reasonable concerns about the safety or welfare of the child, including where:
      1. we reasonably believe a child is at risk of significant harm, abuse, or neglect;
      2. we become aware of information that suggests a child's safety or wellbeing is at immediate risk; or
      3. we are required to do so under statutory safeguarding obligations or guidance.
   2. In the circumstances listed in clause 8.1, we may disclose information to the relevant local authority children's services, the police, other relevant safeguarding authorities or designated safeguarding professionals.
   3. Subject to clause 8.4, where reasonably practicable and safe to do so, we will endeavour to discuss our concerns with you before making any disclosure, and/or seek your consent to the disclosure.
   4. You acknowledge and agree that there may be circumstances where seeking your consent or discussing our concerns with you in advance could place a child at increased risk of harm, could prejudice any investigation or is not practicable due to the urgency of the situation. In such instances, we shall make the safeguarding disclosure without your consent.

9. Communication

   1. We may contact you by text message, email or telephone to provide you with operational information relating to the Services, including but not limited to notifications about instructors or other students running late, swimming pool closures, traffic delays, lesson changes, rescheduling or other matters that may affect your scheduled lessons.
   2. We may contact you by text message, email, telephone or post to provide you with information about future events, courses, offers, promotions or other services that we believe may be of interest to you. You may opt out of receiving marketing communications at any time by contacting us using the contact details set out at the beginning of these Terms or by following any unsubscribe instructions contained in our communications to you.

10. Catch-Up Lessons

    1. The following procedure must be followed when booking a Catch-Up Lesson:
       1. to organise a Catch-Up Lesson, you must complete our online catch-up request form. We do not accept requests over the telephone, via email or any other means of communication;
       2. you must provide reasons for the absence (in case we need to monitor the spread of any infection or viruses) as well as your preferred times, dates and locations;
       3. we cannot guarantee your preferred location. If we are unable to meet your preferred days, timings or location, we will offer an alternative lesson that is as close as possible to your online form request;
       4. once you have submitted the online request form, you will receive a response via email within 5 Business Days. Please note that our office is closed on weekends. You will receive an email from the team who will accommodate you for one lesson at the next available date;
       5. we will require your written confirmation of the suggested date within a certain timeframe, which will be specified in our email response. If we do not receive written confirmation from you by the date specified in our email, the lesson will be offered to another customer;
       6. if you are unable to attend any of the lessons offered, we are unable to accommodate you further;
       7. Catch-Up Lessons cannot be rolled over to the next School Year;
       8. unused Catch-Up Lessons cannot be saved for future use; and
       9. if the Catch-Up Lesson request is submitted more than 48 hours after the missed lesson, we are unable to offer you a Catch-Up Lesson.

11. Holiday Allowances

    1. You are entitled to Holiday Allowances for planned absences due to a holiday or family event, or where a Catch-Up Lesson would not be suitable, by providing us with advance notice, and we may offer you a replacement lesson in accordance with this clause 11 (Holiday Allowances).
    2. The following applies to any Holiday Allowances:
       1. Holiday Allowances can be taken at any point during the Academic Year;
       2. our agreement must be obtained via email 3 days before the end of a month in order for us to deduct the payment for the missed lesson;
       3. requests for Holiday Allowance lessons will not be accepted via telephone, in person, or any other forms of communication. Requests must be submitted in writing via email; no retrospective requests for Holiday Allowances will be accepted. Prior notice must be given to us in accordance with this clause 11.1; and
       4. Holiday Allowance make up lessons cannot be rolled over to a new School Year.

12. Exercising your right to change your mind (Consumer Contracts Regulations 2013)

    1. You have 14 days after the date you accept a Sign-Up Form to cancel the Services and terminate this Agreement. We agree not to commence the provision of the relevant Services during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted this Agreement, if you instruct us to provide the relevant Services within the cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant Services are fully performed by us. If you exercise your right to cancel under this clause you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel, which will be proportionate to the full Price for the relevant Services for the Term.
    2. When you don't have the right to change your mind: You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.
    3. Tell us you want to cancel this Agreement: To exercise your right to cancel this Agreement under this clause please let us know by contacting us using the contact details provided within this Agreement.
    4. When your refund will be made: Where you are exercising your right to change your mind pursuant to this clause, we will make any refunds due to you as soon as possible and within 14 days of you telling us that you have changed your mind.

13. Payment

    1. You must pay us the purchase price of the Service you order, as set out in the Sign-Up Form (the Price) in accordance with this clause. All amounts are stated in pounds sterling, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the UK), where applicable.
    2. You will not be entitled to any part of the Services until the Price has been paid in full.
    3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
    4. The payment methods we offer are set out in our Sign-Up Form. We may offer payment through a third-party provider, for example, GoCardless. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
    5. We solely offer direct debit as a Payment method. Direct debits must be set up 3 Business Days prior to your first swimming lesson. You will receive an email from our third-party provider to set up the direct debit mandate. Unless the Services are suspended or terminated in accordance with these Terms, your access to the Services will roll over on an ongoing monthly basis, and you will be charged the Prices on an ongoing monthly basis on the 1st day of each calendar month (Payment Date). Without limiting your rights at law including your right to cancel these Terms under clause 12, you can cancel the Services in accordance with the notice requirements set out in clause 20.2 of these Terms. For the avoidance of doubt, cancellation will only take effect at the end of the calendar month in which the required notice period expires, and you will remain liable for all Prices due up to and including the effective date of cancellation. Your first Payment will be authorised 1 Business Day prior to your first chargeable swimming lesson.
    6. You will be invoiced 7 days prior to each new month. Prices are subject to review by us in April each year. We provide you with 30 days' notice prior to increasing our Prices. If you are not happy with the increases, you may terminate these Terms in accordance with clause 20.
    7. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

14. Warranties and Representations

    1. You represent, warrant and agree:
       1. to comply with these Terms and all applicable Laws;
       2. that all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
       3. to comply with our reasonable requests or requirements;
       4. that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
       5. that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for any particular purposes), unless expressly stipulated in these Terms and without limiting your consumer law rights;
       6. to notify us immediately if you become aware of any matter which may impact the health or safety of us or our Personnel in connection with the Services;
       7. that you will treat us and our Personnel with respect, and will not engage in abusive or inappropriate behaviour towards us or our Personnel. You acknowledge and agree that we may immediately terminate this Agreement and cease providing the Services without notice where you fail to comply with this clause 14.1(g). To the maximum extent permitted by law, you will not be entitled to a refund of any portion of the Price where we terminate this Agreement as a result of your breach of this clause 14.1(g);
       8. that you are solely responsible for making and implementing your own decisions, choices and actions arising out of or resulting from the Services and your interactions with us;
       9. participation in the Services may expose students to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, physical fitness level, undisclosed illnesses and medical conditions, tiredness or overexertion, strenuous exercises, training techniques, equipment supplied by us or any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm or personal injury may arise from your or another party's acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services;
       10. in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Services, you must immediately notify us, cease to use the Services and contact your medical provider;
       11. that you are solely responsible for determining the suitability of any Services, and your reliance on any information that is provided to you is at your own risk;
       12. that you are 18 years or older, or if you are under 18 years, you have the consent of a parent or guardian to use the Services and your parent or guardian must be present at lessons, at all times;
       13. if you are signing on behalf of a child, you have informed the child of the rules of participating in any Services and acknowledge and accept that you have accepted the Terms of this Agreement on behalf of them. You also acknowledge and accept that you will ensure the child will comply with all the Terms within the Agreement;
       14. there are no legal restrictions preventing you from agreeing to these Terms;
       15. that you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Services, as requested by us from time to time, and will comply with these requests in a timely manner;
       16. that you will at all times comply with the rules of conduct set out in clause 18;
       17. that you will comply with the rules in the documents that you receive when you initially onboard with us (Welcome Pack), as well as each swimming pools' localised rules;
       18. any information you provide to us is true, correct and complete;
       19. that you will not use the Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel or other students;
       20. where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in the Services you will inform us and either:
           1. you will not participate in those Services; or
           2. you have received consent from a medical professional to participate in the Services;
           3. you will follow our reasonable instructions;
           4. you will inform us if you have reasonable concerns relating to our provision of the Services under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns; and
           5. you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for the Services to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require to safely carry out our Services.

15. Intellectual Property

    1. You agree that all intellectual property developed, adapted, modified or created by or on behalf of us or our Personnel, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. This includes our photography, logo, and illustrations. As between the Parties, any intellectual property created in the provision of the Services and our Site will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such intellectual property rights in any new intellectual property and/or improvements to the new intellectual property or our intellectual property do not automatically vest in us, you agree to do all things necessary or desirable to assure our title to such rights.
    2. Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights.

16. Filming and Photography

    1. We may from time to time take photographs for marketing and training purposes if prior consent has been gained.
    2. Photographs will only be taken once we have written consent from the parent or guardian responsible for the child.
    3. Spectators, parents, or guardians are strictly forbidden from taking any form of photography or videography at lessons.
    4. You must not reproduce any of our lessons in any form (for example, by posting videos on the internet). We will exercise our right to remove anyone from the lesson and enrolment altogether if we discover any form of photography or videography being taken by you.
    5. You acknowledge and agree that we may use any photographs taken in accordance with clause 16.2 for our promotional and marketing purposes.

17. Privacy and Confidential Information

    1. Subject to clause 17.4, each Receiving Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
    2. We agree to comply with the Data Protection Act 2018, and we will handle your personal data in accordance with our privacy policy.
    3. Subject to the exclusions set out below, we agree to keep all confidential information (including any personal data and health data) that you share with us in the course of providing the Services, private and confidential, in accordance with our professional obligations.
    4. The obligations in clause 17.1 do not apply to Confidential Information that:
       1. is required to be disclosed in order for the Parties to comply with their obligations under these Terms;
       2. is authorised to be disclosed by the Disclosing Party;
       3. is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
       4. must be disclosed by Law or by a regulatory authority, including under any legal duties.
    5. We may be required to disclose the confidential information (including any Personal Data) you share with us in the course of providing the Services where:
       1. you provide us with consent to provide the confidential information to a third party (for example, another healthcare practitioner, lawyer, family member, third party funder, or other third party you consent to); or
       2. we form the reasonable belief that there is an immediate and specific risk of harm (to life, health, or safety) to you, your child or another identifiable person or persons that can be avoided only by disclosing the confidential information.
    6. You acknowledge and agree that our sharing of confidential information as described in clause 17.4 will not be considered a breach of clause 17.1.
    7. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause.
    8. This clause will survive the termination of these Terms.

18. Rules of Conduct

    1. You acknowledge, agree and accept to comply with the following rules of conduct:
       1. to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;
       2. to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;
       3. to refrain from causing disruption to other members or other people in the lessons;
       4. to not harass, bully, threaten, menace and engage in hostile behaviour towards other students, members, spectators or people at our venues;
       5. to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;
       6. to respect all Personnel, fellow members, students, spectators, equipment and facilities and ensure you leave equipment (if any) as you found it;
       7. to keep any belongings and valuables you bring into the Premises safe;
       8. to wear suitable swimwear and a swimming hat at all times when using the Services. We reserve the right to refuse entry to anyone who is not wearing appropriate swimwear;
       9. no shoes or footwear are to be worn at the swimming pool;
       10. no forms of glass (i.e. glass bottles) are to be brought or used at the swimming pool;
       11. to ensure babies and toddlers that are not potty trained must wear a usable cotton nappy or a disposable paper swim nappy, with a neoprene 'happy nappy' on top. You must take all nappies with you when leaving the Premises;
       12. to ensure that we are provided with all medical information before commencing lessons and kept up to date with any changes to a student's medical information, as well as providing us with written confirmation from a medical practitioner to confirm the student is fit to participate in lessons;
       13. to ensure that a parent or guardian accompanies the child at their lessons. All children are to be directly supervised by their parent or guardian at all times during lessons. This includes the swimming pool, general premises and changing rooms;
       14. to adhere to all localised swimming pool rules and rules contained within the Welcome Pack;
       15. to cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Services, as requested by us from time to time, and comply with these requests in a timely manner; and
       16. that you will remain solely responsible for all and any activities you or your child undertakes through the use of the Services.

19. Limitations on and Exclusions to our Liability

    1. Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
    2. The restrictions on liability in this clause apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
    3. Nothing in these Terms limits any Liability which cannot legally be limited, including liability for:
       1. death or personal injury caused by negligence;
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
       4. defective products under the Consumer Protection Act 1987.
    4. Subject to clauses 19.1 (no limitation in respect of deliberate default), and 19.2 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:
       1. we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
       2. a Party's liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
       3. if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
    5. We have given commitments as to the compliance of the Services with these Terms and applicable Laws in clause 4.1. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
    6. This clause will survive the termination or expiry of these Terms.

20. Termination

    1. Nothing in this clause limits any right you have to change your mind under clause 12. If you want to cancel or terminate these Terms, you should use the Model Cancellation Form referenced in your Welcome Pack.
    2. Either Party may terminate these Terms by providing written notice to the other Party no later than the 1st day of a calendar month, with termination taking effect at the end of that same calendar month. Notice received after the 1st day of a calendar month will take effect at the end of the following calendar month. For example, if you wish to terminate these Terms with effect from 30 April 2026, you must provide written notice to us no later than 1 April 2026.
    3. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
       1. the other Party (Defaulting Party) breaches a material provision of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
       2. the Defaulting Party is unable to pay its debts as they fall due.
    4. Upon expiry or termination of these Terms:
       1. we will immediately cease providing the Services;
       2. to the maximum extent permitted by law, you agree that any payments made by you to us are not refundable to you; and
       3. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms.
    5. We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
    6. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
    7. This clause will survive the termination or expiry of these Terms.

21. General

    1. Assignment: Subject to clause 21.2 below, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
    2. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
    3. Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
    4. Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at cedr.com. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
    5. Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
    6. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
       1. as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
       2. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
    7. Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    8. Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    9. Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.
    10. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause, the Parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
    11. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third-party website linked on the Site, such third party provides the products to you, not us.

22. Definitions

    Academic Year

    means the year in which Schools in England and Wales run, usually between September to July.

    Business Day

    means a day on which banks are open for general banking business in England and Wales, excluding Saturdays, Sundays and bank holidays.

    Confidential Information

    includes information which:

    1. is disclosed to the Receiving Party in connection with these Terms at any time;
    2. is prepared or produced under or in connection with these Terms at any time;
    3. relates to the Disclosing Party's business, assets or affairs; or
    4. relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

    whether or not such information or documentation is reduced to a tangible form or marked in writing as "confidential", and howsoever the Receiving Party receives that information.

    Disclosing Party

    means the party disclosing Confidential Information to the Receiving Party.

    Dispute

    has the meaning given in clause 21.4.

    Force Majeure Event

    means any event or circumstance which is beyond a Party's reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

    Intellectual Property

    means any copyright, registered or unregistered designs, patents or trademarks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

    Intellectual Property Rights

    means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.

    Laws

    means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

    Personnel

    means, in respect of a Party, any of its employees, consultants, subcontractors or agents, but in respect of you, does not include us.

    Premises

    means the 6 different locations at which we provide the Services, depending on the student's ability and subject to availability.

    Receiving Party

    means the party receiving Confidential Information from the Disclosing Party.

    School Term

    means each relevant schooling term in a calendar year for the School, where the commencement and end dates of each term is determined by the school.

23. Interpretation

    In these Terms, unless the context otherwise requires:

    1. a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
    2. a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
    3. a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
    4. no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
    5. a reference to a party (including a Party) to a document includes that party's executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
    6. a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
    7. any obligation on a Party not to do something includes an obligation not to allow that thing to be done;
    8. a reference to time is to local time in London; and
    9. a reference to £ or pounds refers to the currency of the United Kingdom from time to time.