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Waterbabies.ie terms of use
Legal notice
The terms and conditions set out below (the “Terms of Use”) apply to the entire contents of this website under the domain name “waterbabies.ie” (the “Website”) and to any e mail correspondence between us and you (“you”, the “user”). Please read these Terms of Use carefully before you start to use the Website. By using our Website you are confirming that you accept the Terms of Use and agree to abide by them. If you do not accept the Terms of Use, please leave the Website immediately.
1. About us
The Website is operated by Water Babies Limited, a company registered in England and Wales, whose registered office is at 205 High Street, Honiton, Devon EX14 1LQ. Our company registration number is 04322357.
Our VAT registration number is 857 1095 11. Our contact details are as follows:
Address:
205 High Street
Honiton
Devon
United Kingdom
EX14 1LQ
General email: info@waterbabies.co.uk
Telephone number: +44 1404 548 348
2. Access and information about you
2.1 Access to this Website is provided on a temporary basis and we reserve the right to withdraw or amend the whole or any part of the Website at any time without notice and without incurring any liability. From time to time we may restrict access to some parts or all of the Website to all users.
2.2 You are responsible for making all arrangements necessary for you to have access to our Website.
2.3 Any use of this Website or any materials provided on it other than in accordance with these Terms of Use is prohibited. If you breach these Terms of Use, your permission to use the Website terminates automatically and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Please see our Privacy Policy for details about what information we collect and how we will use and protect it. By using the Website you consent to such information processing and warrant that all data provided by you is accurate.
3. Registration
3.1 You will be able to access most areas of this Website without registering your details with us. You may however be offered the opportunity to subscribe and/or register to receive additional restricted access to the Website or information. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or cancel your registration or terminate access at any time for any reason e.g. if your continued use is believed to prejudice us or other users or if you breach these Terms of Use.
3.2 To register on the Website you must be over eighteen years of age.
3.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
3.4 If you subscribe to any e mail services (such as newsletters) your use of the content received through the e mail service will be subject to these Terms of Use.
4. Transactions with us
4.1 Unless otherwise stated, orders of goods placed through the Website are subject to the Webshop Terms and Conditions and you should read them carefully.
4.2 Lessons are provided subject to the Lesson Terms and Conditions which should also be read carefully.
5. Ownership of materials and licence terms
5.1 We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by laws and treaties around the world. All such rights are reserved.
5.2 Subject to 5.3, you are permitted to download and print materials from this Website for your personal use on the following basis:
(a) no material is modified in any way;
(b) no graphics are used separately from any accompanying text;
(c) our copyright, trade mark or other proprietary notices are not removed and appear in all copies;
(d) materials or the Website itself are not used for commercial purposes without our prior written consent;
(e) you do not do anything which may interfere with or disrupt the Website or our services.
5.3 No photographs in the Website may be reproduced for any purpose without our prior permission which must be obtained in writing.
5.4 Subject to clause 5.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent.
6. Visitor material and conduct
6.1 Other than information covered by the Privacy Policy, any material you send, contribute or post to this Website will be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be entitled to copy, adapt, disclose, distribute, publish, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes. You warrant that you have obtained all necessary licences and/approvals in order to allow us such use.
6.2 You are prohibited from sending, contributing or posting to or from or via this Website any material:
(a) which is unlawful, harmful, threatening, defamatory, libellous, obscene, indecent, offensive, pornographic, abusive, harassing or racially or ethnically offensive, in breach of confidence or in breach of privacy;
(b) which discriminates based on race, gender, colour, religious belief, sexual orientation or disability;
(c) for which you have not obtained all necessary licences and/or approvals;
(d) infringes the intellectual property rights or other rights of any third party;
(e) which constitutes or promotes illegal activity or gives rise to civil liability; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You must not misuse the Website or attempt to gain unauthorised access to it, the server on which the Website is stored or any server, computer or database connected to our Website.
6.4 You access the Website and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or otherwise.
7. Links to and from other websites
7.1 Where the Website contains 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Links to third party websites are provided solely for your convenience. If you use these links, you acknowledge that you are leaving this Website.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page of this Website, and subject to the following conditions:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not remove, distort or otherwise alter the size or appearance of any Water Babies brand, trade mark or logo;
(c) you do not create a frame or any other browser or border environment around this Website;
(d) you do not in any way imply or suggest any form of association, approval or endorsement on our part where none exists;
(e) you do not misrepresent your relationship with us or present any other false information about us; and
(f) you do not otherwise use any Water Babies brand, trade mark or logo without our prior written consent.
7.3 We expressly reserve the right to withdraw linking permission without notice.
8. Accuracy of information
8.1 We take care to ensure that the information on the Website is accurate and up to date. However, it may occasionally be inaccurate or out of date. We have no liability for any inaccurate information and reserve the right to correct it at any time.
8.2 The Website and all material available on it is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Website is provided to you on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.
9. Liability
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with:
including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in these Terms of Use shall exclude or limit our liability for:
10. Applicable law and jurisdiction
10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any aspect relating to use of your data under the Privacy Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
10.2 These Terms of Use and the Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
11. Variation
11.1 We reserve the right to change these Terms of Use at any time. The new version will be posted on the Website and will take effect immediately upon posting. If you use the Website after the new Terms of Use have come into effect any further use of the Website indicates your agreement to be bound by the new Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.
1. Placing an order
1.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
1.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
1.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment; or
(c) if there has been a pricing or product description error.
2. Pricing
2.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
2.2 Where we charge separately for packing, delivery and insurance and other relevant charges, the appropriate rates are set out in the Shop.
3. Cancellation and returns policy
3.1 If you wish to cancel your order:
(a) you can notify us by email to orders@waterbabies.ie before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 3.2 below.
3.2 Provided that the goods are unused and remain in a re-saleable condition in their original packaging, you can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
3.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
These conditions do not affect your statutory rights if the goods are damaged or faulty in any way.
Privacy Policy
Speed Read: this is what you need to know
We always recommend that our customers read this privacy policy in full. It explains who we are, how and why we collect personal data from you, how and why it will be processed by us, and our commitment to protecting your data. But, just in case you do not have time to read it in full, we have summarised the key points for you in our 'speed read' section below.
This section sets out who we are. It provides some useful information about us including our UK company number, registered address and data controller registration number (provided by the UK Information Commissioner’s Office).
This section tells you when this privacy policy applies (e.g. when you use our website or communicate with us). It also lets you know how and when we will communicate updates of this privacy policy to you.
This section informs you of exactly what personal data we collect about you and why. This includes information that is provided to us directly by you as well as information that we gather from your visits to our website and information that we receive from other sources.
This section explains how we will collect, store and use personal data that you provide to us. This is to enable us to carry out the activities relevant to the provision of our services to you.
This section explains how we will ensure that you only receive marketing communications that you wish to receive. We will ensure that you have total control over the information that you receive.
This section explains who will have access to your personal data. It also explains the reason for them accessing your personal data.
This section informs you of who we share your personal data with. It also explains the reason for sharing; this is largely so that we can provide our services to you.
This section explains how we keep your personal data safe and where it will be held.
This section explains the length of time that we will retain your personal data. It also explains why we hold your personal data for such time periods.
This section explains that you have rights in relation to your personal data. It also explains what these rights are and how you can go about exercising them.
This section explains how our website uses cookies. It explains what cookies are, why they are used, the different types of cookies used and how you can block or restrict cookies from being stored on your device.
This section provides you with contact information should you have any questions or concerns about the way we handle your personal data. It also explains how you can contact the UK Information Commissioner’s Office or the Data Protection Commission should you be unsatisfied with our response to your data protection issues.
This privacy policy sets out how we collect, use and protect the personal data that you provide to us. It also explains what we do with your data. We also set out details about your rights in relation to the personal data we hold about you, and how to contact us if you have any questions or comments.
We are Water Babies Limited (Water Babies, we, our or us), a company registered in England and Wales under company number 04322357 whose registered office is at The Bubble, 205 High Street, Honiton, Devon, UK, EX14 1LQ.
We are registered as a data controller with the Information Commissioner's Office and our registration number is Z98515333. We are not required to register as a data controller in the Republic of Ireland as of May 25 2018.
The Water Babies business is operated by our franchisees who, for the purposes of this privacy policy, will also be referred to as Water Babies, we, our or us. For more information about these franchisees, for example their ICO registration numbers, please contact us using the details provided in section 12.
This privacy policy applies to the personal data we collect about you through our website (www.waterbabies.ie) (Website), by post, by telephone and when you otherwise communicate with us.
This privacy policy may change from time to time and, if it does, the up-to-date version will always be available on our Website. We will also tell you about any important changes to our privacy policy.
This section informs you of what information we collect about you and why.
We collect personal data about you if you fill in forms on the Website or correspond with us by phone, email or otherwise. This includes information you provide when you register with us, place orders for goods or services, attend classes or photo shoots, voluntarily complete customer surveys, enter competitions, provide feedback and when you report a problem with our Website. We may also ask you to share your personal data with us if it is necessary for us to provide our services to you – for example, we may ask if you require mobility assistance when planning or scheduling our swimming lessons.
Personal data we may process about you:
Personal data we may process about your child/children:
Where we collect gender, biometric or medical data about your or your child/children, we do so on the basis that we require this data in order to safely and efficiently provide you with our services: for example, to ensure your child is old enough and of sufficient weight to safely swim at particular temperatures; to allow our teachers to appropriately communicate with your child; or to ensure the appropriate changing facilities are available to you.
No automated decision-making or profiling will take place using your personal data.
If you use our Website:
If you use our Website, we automatically collect the following information:
Where we collect information about you in the ways described above, we do so on the basis that it is in our legitimate interests to collect and process this data. Where possible, this data will be anonymised. We collect and process this data to ensure that our Website is functioning properly and that our customer experience is to the standard that you and we expect.
The Website may, from time to time, contain links to and from the websites of advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We also use cookies on our Website. Please see section 11 on cookies for more information.
Information we receive from other sources:
We are also working closely with third parties, (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
When we receive information from other sources, we rely on them having the appropriate provisions in place telling you how they collect data and who they may share it with. We carefully check our sources to ensure that we only receive your information when it is lawful for us to do so.
This section explains how we will collect, store and use personal data you provide to us in order to carry out the activities relevant to the provision of our services to you.
We use the information held about you in the following ways:
We must have a legal basis for processing your personal data. We consider that we have a legal basis where:
Where we process your personal data on the basis of our legitimate interests, these are our (or our third party’s) interests in providing our services to you in an efficient and secure manner.
This section is to explain how we will ensure that you only receive marketing communications that you wish to receive.
We want to ensure that you are informed and aware of the best products, services, competitions, promotions and events that we can offer you. We may also want to gather your support by communicating information about any industry awards that we are nominated for. By consenting to receive additional communications (by mail, telephone, text/picture/video message or email) from us in respect of such information, we will process your personal data in accordance with this privacy policy.
If you prefer not to receive any marketing communications from us, you can change your preferences and unsubscribe at any time by clicking on the unsubscribe link on any marketing email from us, by logging into your WaterWorld account or by contacting us at data@waterbabies.co.uk. If you choose not to receive this information we will be unable to keep you informed of new services, competitions, events and promotions that may interest you.
This section is to explain who, within Water Babies, will have access to your data. Your personal data will only be seen or used by our employees, volunteers or assistants who have a legitimate business need to access your personal data for the purposes set out in this privacy policy.
We take your privacy seriously and have implemented appropriate physical, technical and organisational security measures designed to secure your personal data against accidental loss, destruction or damage and unauthorised access, use, alteration or disclosure.
This section will inform you of who we share your personal data with and why. Except as explained in this privacy policy, we will not share your personal data without your consent unless required to do so by law.
We may share your personal data with the following third-party service providers who assist us with administering the provision of our services to you:
We may also pass aggregate information on the usage of our site (e.g. we might disclose the median ages of visitors to our site, or the numbers of visitors to our site that come from different geographic areas) to third parties but this will not include information that can be used to identify you personally.
This section explains how we keep your personal data safe and where it will be held.
We take your privacy seriously and are committed to maintaining the privacy and security of the personal data you provide to us, and the choices you have regarding our collection and use of your personal data.
We follow strict security procedures as to how your personal data is stored and used, and who sees it, to help stop any unauthorised person getting hold of it. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. You should not share this information with anyone.
We do not transfer your personal data outside of the European Economic Area.
Unfortunately, the transmission of your personal data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us over the internet and you acknowledge that any transmission is at your own risk.
This section explains the length of time that we will retain your personal data.
We will keep your personal data for no longer than necessary, for the purposes we have set out above. We will retain your information for as long as needed in order to provide the relevant services to you or perform any contract we have with you, and for a maximum of five years from the date of our last interaction in order to deal with any queries, provide you a continuous service should you start swim lessons with another child, or to refer back to your child’s swimming history should you leave and re-join.
If you and your child/children attend a photo shoot, we will retain the professional photographs of your child/children for a maximum of three years from the date of the photograph unless you purchase the image or consent to our using the images for other purposes.
During the three year retention period we may request your permission to use the photograph for:
Should you consent to either of these, personal data will be kept alongside the photograph to enable us to contact you, or to enable you to withdraw consent. Should you wish to withdraw consent or have your photographs deleted sooner than the three year retention period as referred to above, please contact us using the details provided in section 12.
If you give us permission to use a photograph for promotional or marketing purposes or you purchase a photograph during the three year retention period as referred to above, we will retain a copy of that photograph for the length of time Water Babies owns the copyright relating to that image in order that we can properly exercise our rights under copyright law. This will also allow you to return to us and purchase further copies of the image should you wish to do so.
Photographs taken at a photo shoot may be used for training and quality assurance purposes and we may share them within our group and franchise businesses for those purposes. If we retain photos for these reasons, they will not be used for any other purpose without your explicit consent.
Any third parties that we engage will keep your data stored on their systems for as long as is necessary to provide the relevant services to you or us. If we end our relationship with any third party providers, we will make sure that they securely delete or return your personal data to us.
We may retain personal data about you for statistical purposes (for example, to help us better advertise our services). Where data is retained for statistical purposes it will always be anonymised, meaning that you will not be identifiable from that data.
This section explains that you have a number of rights in relation to your personal data. There are circumstances in which your rights may not apply. You have the right to request that we:
For more information on your rights and how to use them, or if you would like to make any of the requests set out above, please contact us using the details provided in this section [insert link to section 12]. We will respond to all such requests within the time period required by law.
As explained in the section on Marketing Communications above, even if you consented to the processing of your personal data for marketing purposes (by ticking the relevant box or by requesting information about services), you have the right to ask us to stop processing your personal data for such purposes. You can exercise this right at any time by contacting us at data@waterbabies.co.uk or by calling us on +44 (0)1404 548348.
This section explains how the Website uses cookies. Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website.
Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device.
Cookies in themselves do not identify you, just the computer or device you are using. Cookies do lots of different jobs, like making it easier for you to log on to and use our Website during future visits, letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They also allow us to monitor traffic on our Website and can also help to ensure that adverts you see online are more relevant to you and your interests.
Cookies themselves only record which areas of our Website have been visited by your computer or device and for how long. Allowing us to create a cookie does not give us access to the rest of your computer.
All the cookies that we use are persistent cookies. These cookies remain on your device for the period of time specified in the cookie. They are activated each time that you access the Website from the same device. You can see how long a cookie will be left on your device. To find out how, you can visit www.allaboutcookies.org/ which contains further information about how to manage cookies.
We use three different sets of cookies:
With most Internet browsers, you can erase or block cookies or ask to receive a warning before a cookie is stored. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.youronlinechoices.eu or www.allaboutcookies.org which contain comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies.
You are under no obligation to accept our cookie statement. Please be aware that restricting cookies may have a negative impact on the functionality of the Website.
If you have any questions or concerns about how we handle your personal data, you can contact us using any one (or more) of the following:
Post:
Data Protection Team
Water Babies Limited
The Bubble
205 High Street
Devon
UK
EX14 1LQ
Email: data@waterbabies.co.uk
Telephone: +44 (0)1404 548348
If you are unsatisfied with our response to any data protection issues you raise with us, you have the right to make a complaint to the Information Commissioner’s Office (ICO) or the Data Protection Commission. These are the authorities in the UK and Republic of Ireland, respectively, which are tasked with the protection of personal data and privacy.