Terms and Conditions of Service

These are the terms and conditions on which ActiveSwim (“we” and “us”) provide our services to you, the customers or students (“you” and “your”).

Please ensure that you follow the general swimming pool rules and/or any rules that are specific to a particular pool. We reserve the right to vary these terms and conditions at any time.

All customers are expected to abide by the terms and conditions laid out below. In the unlikely event of failing to do so, a customer may be requested not to continue lessons with us. A refund will not be eligible under these circumstances.

Please read these carefully before booking or starting your lesson and/or course with us.

1. Organizing company

‘ActiveSwim’ is an affiliate of ‘ActiveHQ PLT’, a company registered in Malaysia. ActiveHQ’s company registration number is ‘LLP0005883-LGN’ and our registered office is at 1-21-1, Suntech @ Penang Cybercity, Lintang Mayang Pasir 3, 11950 Bayan Baru, Penang, Malaysia.

2. Risk and health

All students are obliged to disclose their health conditions which may be affected by the swimming lesson and/or course.

Any historical medical conditions/background such as previous surgeries or pregnancy must be disclosed to us prior to signing up the swimming course/lessons.

We reserve the right to withdraw you from continuing the lessons if we deem you are unfit/unsuitable to continue the swimming lessons without refund, even with or without proper disclosure of your health conditions.

It is best to seek advice from a medical professional or specialist if you have any prevailing medical conditions and to obtain a written confirmation from a qualified medical professional that you are allowed to take part in our lessons.

You are responsible for your own safety, actions and behaviors before, during and after the swimming lessons in the vicinity of our swimming lessons’ premise, including the changing area. Appropriate swimming wear (i.e. swimming suits/trunks) must be worn before entering the pool. Shoes must be removed before entering the poolside.

Safety for our students is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety.

You must not run or act inappropriately once within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of yours or other students’ negligence or failure to follow the instructions and rules.

We do not accept liability for sickness, personal injury or death of any participants. The organizers providing the facility and their servants are under no liability whatsoever in respect of personal injuries, loss or damage to personal property whilst attending any lesson and/or course.

3. Course/lessons fees and payment method

All slot reservations, including new signups and renewals, will be reserved for a maximum period of 3 days. Payments must be made within 3 days in order to confirm the reserved slot. We shall not be liable for any loss incurred if the stipulated period for reservation has ended.

If we do not receive any payments within 3 days, we reserve the right to cancel the reservation and the slots will be made available to others.

Our class runs perpetually with no fixed term. You have to commit to your classes and complete the course in the specified time upon signup and registration.

You are required to make payment to the company directly. You may make a cash deposit or transfer electronically online to the following:

Bank Name: Maybank
Bank Account Name: ActiveHQ PLT
Bank Account No.: 557045612823

Our instructor will not accept payment in any form.

Proof of payment / remittance advice must be produced to our ActiveSwim admin upon payment for verification.

4. Refund

If your first lesson has commenced, regardless of attendance, there will strictly be no refund.

In the event you decide not to continue anymore halfway into your course/lessons, there will strictly be no refund

In case you change your mind after enrolling for our course/lessons, you may request for a refund by informing us at least 5 days before the start of the first lesson, or up to 5 days after your payment is made (whichever is earlier). We reserve the right to refuse a request for refund if the above condition is not met.

In an event of not having a proper pool to conduct lessons for you after trying our best to relocate, we will prorate and refund your remaining lessons with us.

You are required to provide us with your local bank account details before we can process any refund. The accuracy of the bank account details is of essence and we shall not be held responsible for any loss/damage incurred if the information given is not accurate for our processing.

Any refund due to you will be refunded to you within twenty-one (21) working days of us agreeing to refund to you.

5. Swimming class structure

We conduct most of our swimming lessons in a group of students. A group learning class has a maximum ratio of 6 students to 1 instructor.

We believe in maximum activity time for optimum learning. Our instructor may spend more or less time according to your learning progress. As it is a group class, our instructors may not be able to spend the full lesson with you only.

The swimming class runs perpetually with no fixed term, hence each student will learn different things according to their own progress.

All genders and age groups may be present around and in the pool or in the same group class. We are not able to provide a private place with only ladies or only for a specific age group.

6. Private swimming lesson

We charge a minimum fee of RM1,200 to start a new private class for 1-to-1 lesson or 1-to-many lesson at your desired location.

Private swimming lessons require a lot of arrangement and resources, hence are highly subjected to our instructors’ availability.

The entire course of 8 swimming lessons must be completed within 8 weeks.

You may arrange for a flexible class time depending on our instructor’s and your availability, pending approval from ActiveSwim. You must inform us promptly of any changes in the class time.

7. Attendance

The course/lessons are considered to have commenced regardless of attendance during the first class. The first class date stated in the confirmation email sent to you upon registration will be the reference date used by us, unless confirmed otherwise.

Your first time there at the pool will be equally exciting for us and our instructors are usually at the pool area or in the pool waiting for you. Make sure to get your instructor’s name in the confirmation email. In the case if your original instructor could not make it on the day itself, we will notify you accordingly prior to the start of the class.

The lessons will start accordingly to the stated time. We will not be liable nor compensate for lost time due to the students arriving late. If the instructor is late to the class, we will extend the class or arrange another time to make up for the lost time accordingly.

You are required to inform us via WhatsApp or email if you cannot attend the swimming lessons for any reason, in order to utilize the complimentary replacement class.

The students are responsible for attending the lessons on the fixed day and time in a timely manner. We shall not refund, compensate nor be liable for any loss/damage if the student does not finish their course/lessons by the end date of their course/lessons.

8. Class replacement policy

You are entitled for free replacement lessons when you sign up for our course/lessons. The number of free replacement lessons will be stated in the confirmation email.

We will always try to be as flexible as possible within our operational constraints. You can request for your replacement lesson and we will endeavour to accommodate your request, subject to a slot being available.

We will not open up a new class slot solely for your replacement purposes other than our existing classes. All replacement lessons need to be completed in one of our existing classes.

We are unable to promise you the same instructor for your replacement class. But rest assured, all of our instructors are well trained to conduct their lessons professionally through our standardized teaching methods.

Any remaining uncompleted lessons need to be replaced with replacement lessons before the course’s end date. Any replacement lesson needs to be arranged and scheduled with us in written form at least 24 hours before the actual date and time of the replacement lesson. Replacement lessons are subjected to availability of the slots.

ActiveSwim reserves the right to reject any request to arrange for a replacement lesson if we do not get sufficient time of notice for the replacement lesson. We also will not be responsible if slots are not available with any request less than 24 hours’ notice.

It is your responsibility to contact our admins for replacement lessons before your course ends, any incomplete lesson or lessons after the course will be deemed expired and invalid. No refund or extra classes will be given. However, you can always renew your course/lessons to extend the duration.

9. Cancellations

We will make every effort not to cancel a lesson but the management reserves the right to alter the time of a lesson when necessary in the case of bad weather, unfit environment, timely pool maintenance or pool closure or any other unforeseen circumstance.

We shall give you as much notice as possible in a reasonable time of any such class cancellation. We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.

In the event of any class cancellation or shutdowns due to any unforeseen circumstances or major public holidays, we will notify you accordingly and extend another week into your course end date so that you will have sufficient time to complete all the lessons.

The number of replacement lessons will remain the same if such cancellations or shutdowns by the management occur.

10. Public and school holidays

Our class continues to continue regardless of public or school holidays, unless decided otherwise by the management. ActiveSwim reserves the right to cancel any class due to any major public holiday. In the case we cancel the classes, we will notify you accordingly and extend another week into your course end date so that you will have sufficient time to complete all the lessons.

11. Entrance Fee

It is free to enter our premises to attend swimming lessons unless stated otherwise. Your family and friends may also accompany you during your lessons.

As our pool is located inside a private property, the security might request for you to leave your details or to register when entering the premises.

You should park your car outside the premise as we do not provide parking spaces inside the premise unless stated otherwise.

12. Swimming attire and equipment

Students are required to bring the necessary swimming equipment such as swimming goggles and swim caps and wear appropriate swimwear during the class. Swimming goggles are highly recommended to help you in your lessons.

Proper swimwear (i.e. polyester fabric) must be worn by the students before entering the pool. Other fabrics such as cotton shirts or denim shorts are not allowed to enter the pool.

Muslimah swimwear is allowed.

You may bring your own equipment such as kicking boards or floats but it is up to our instructors’ discretion to use it or not. Our teaching culture and methods rarely use any equipment to assist in your learning.

We may provide or use any equipment as appropriate during the class to help with your progress as our instructors see fit.

13. Course/lessons renewal

You are required to inform us if you wish to extend or renew the course before your course end date as stated in the confirmation email sent to you. Thereafter, we will communicate with you via email or Whatsapp for the necessary process and payment.

Our swimming classes are always in high demand. As you are our loyal existing customer, we will hold your existing time slot and priority will be given to you to renew your course/lessons. However, informing us too late on your decision to renew might result in you losing your desired time slot for the class and also the instructor.

14. Relief instructor

We reserve the right to replace or relieve an instructor anytime during the course/lessons due to any unforeseen circumstances or any reason. We also reserve the right to cancel or postpone the class if we cannot find a replacement or relief instructor. You will be formally notified in written form of such events prior to your class in a reasonable time.

All our instructors are trained to conduct swimming lessons in a professional standardised way, ensuring the hand-over and relief instructor is as professional and good as your current instructor.

15. Child’s safety

Regardless of the child’s swimming ability, a child should always be under adult supervision at all times. Our instructors are not responsible for supervising your child’s whereabouts before and after the class.

Children and adults are not allowed to run or act inappropriately once within the pool vicinity before, during and after the class. We shall not be responsible or liable for any injury/accident caused as a result of disobeying the rules around the pool.

We do not accept liability for any personal injury or death of any participants. The organizers providing the facility and their servants are under no liability whatsoever in respect of any personal injuries and loss/damage to any personal property whilst attending any lesson and/or class.

16. Personal belongings and valuables

We will not accept liability for the loss of or damage to any personal valuables brought to the lesson and you are therefore requested to ensure that no valuable items are brought to the swimming lessons or done so at your own risk.

All property left at any of our premises whether it is in the changing room, poolside, entrance halls or outside, is done so at your own risk. We do not accept any responsibility or liability for the loss, damage or theft of any personal belongings.

We highly encourage you to remove all jewelleries before entering the water or before you attend the class to avoid loss or damage to the jewelleries.

17. Privacy and media release

ActiveSwim complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia in protecting the personal data of our customers.

All personal information of our students will be treated with respect to privacy and will not be shared with any third party unless we are to provide otherwise according to any law or authorities.

Occasionally, our instructors or media team may take photographs and/or videos at our premises which may be used for our marketing and promotional purposes on, including but not limited to, our website and/or Facebook page.

By attending our lessons, you agree to allow us to fully utilise all forms of media taken at our premises for our marketing and promotional purposes. All rights are reserved for ActiveSwim.

18. Rules of conduct

ActiveSwim and its students are guests at each of the hired locations at all times. All students must follow the rules of the premise and the use of the facilities, including but not limited to the swimming pool, and have to comply with all instructions given by the staff of the premise.

All other guests, staff and our instructors at the premise should be treated with respect and should not be disturbed with any inappropriate act by the students’ presence before, during or after the classes.

In the event of a student, parent, guardian, family, friends or any other associate refusing to obey an instruction from a member of staff, behaving in an unruly manner towards a member of staff or any other person, or causing damage to pool premises or any of the furniture fixtures or equipment in those premises, the student shall not be permitted to continue with the lessons.

We shall then have the right to terminate the course without further notice and without being required to offer any refund to the student and the student shall not be accepted for any future course/lessons organized by the company.

We reserve the right to be compensated for any loss or damage caused by you to any property or equipment in our premises.

19. Complaints

We are fully committed to delivering the highest standards of teaching and coaching. If you are not entirely satisfied with the service we provide to you, we would like to hear about it through our appropriate channel.

If we become aware of any problem while you are still attending a course or lesson, we will aim to resolve this at the earliest stage possible. You can be assured that any complaint will be taken very seriously and treated with the utmost professionalism.

ActiveSwim and/or ActiveHQ PLT reserves the right to change these terms and conditions at any time without prior notice.