Terms and Conditions (Upated November 2023)

Welcome to Michelle’s Swim Stars!

 

Thank you for choosing to learn to swim with Michelle’s Swim Stars (MSS). Please read through the following terms and conditions (T&Cs) which are applicable to all swimming lessons at all venues.

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Our contact details are info@michellesswimstars.com

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Please read the following T&Cs carefully as they are the basis of the contract between you, otherwise known as the client and MSS.  They tell you, the client, who we are, how we will provide services to you and what to do if there are any problems.  For the purpose of this agreement, ‘You, the Client’ includes the person making the booking, the person attending the lesson and where relevant the parent/guardian or accompanying adults of children attending swimming lessons.

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Acceptance of Terms and Conditions

By booking or by you, the client, or your child attending swimming lessons with us you are deemed to understand and accept these T&Cs and they will form the basis of the contract between us. MSS reserves the right to vary these T&Cs at any time.

 

All clients are expected to abide by these T&Cs.  Where a client has breached these T&Cs and is asked to cease lessons a refund will not be made by MSS.

 

What we do

 

I am an independent swim teacher working under the banner MSS. I am a sole trader and your contract is with MSS.

On occasion MSS will not be able to deliver all lessons.  In such capacity MSS will introduce you to the independent teachers who provide the lessons and take payment from you for the delivery of those lessons for and on the independent teachers’ behalf.

We provide swimming lessons to customers of all ages and abilities

We operate from venues that we hire from third parties such as private operators and hotels.All of our teachers, including independent teachers providing lessons on behalf of MSS are qualified to Nationally Recognised Standards to teach our customers to swim.

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Booking

Our course dates are published on our on-line booking system, ClassForKids accessed via https://michelles-swim-stars.classforkids.io. 

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Booking and payments can only be made on-line on ClassForKids on the links above.  Your booking is not confirmed until payment has been received. 

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Once your booking and payment is in place you will receive a confirmation email detailing your order details, what class you have booked, payment details and pool information.  It is at this point that a contract will come into existence between you and MSS.

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There is a one-off annual joining fee of £20 per child. For this fee, your child will also receive the following items, success tracker so they can track their swimming journey, swimming awards and milestones including woven badges and A4 certificates twice a year. This payment is non-refundable or transferable if you cancel your lessons.

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All fees must be paid at the same time as payment for your first lessons and swimmers will not be allowed to participate in any swimming lessons until the fees are paid in full.

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All lessons will start promptly at the agreed start time. If you arrive late to the pool, the lesson will not be extended, and the lesson will still end at the agreed end time.

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As part of the booking process you must register your full details with us within ClassForKids.  It is important these are kept up-to-date as these will be used to contact you.

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We reserve the right to review prices at any time. Members will be given 14 days’ notice of any proposed change via email.

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Payment

MSS currently offers customers two ways to pay for lessons:

1.  Pay in advance: booked in blocks of lessons in advance or one-off lessons

2.  A Monthly Subscription payable by direct debit, which enables you to spread the cost of lessons over 12 months in affordable monthly payments.

For both payment methods, fees can only be paid on-line using the ClassForKids booking system that can be accessed via https://michelles-swim-stars.classforkids.io

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Different payment terms apply depending on what option you chose.These are set out below.

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Monthly Subscription

 

• All monthly subscriptions are collected on the 1st of each month.

• If you join part way through a month we will send an invoice on a pro rata basis to cover lessons for the month and then your regular direct debit will be taken on the 1st of the month.  For example, if you join on the 15th September you would pay for the remaining classes for September via an invoice issued by us.  The regular monthly amount will then be collected on the 1st October.

• If you need to update your payment details, please go to our on-line system ClassForKids.

• If payment is not made on the 1st of the month an email will be sent to you advising you of a failed payment attempt, a second payment attempt will be made on the 4th of the month and again an email will be sent advising you if the payment has failed, a 3rd and final attempt will be made on the 9th of the month and again an email will be sent if not successful.

• We will attempt to call, email and in some cases send a SMS message to check if details need updating or you are having any issues.

• If payment is not made 14 days after we’ve communicated the missed payment(s), your subscription will be cancelled and your child removed from the class register and there will be no access to lessons.  A final bill will be sent to you via email.

• We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have entered into our on-line system, ClassForKids.

• There is a minimum subscription period of two full calendar months, following the start of your subscription. You can subsequently cancel your membership at any time with written confirmation via email to the appropriate swim teacher.  All email contacts are at the beginning of these T&Cs.

• Cancellation requests must be made in writing via email to info@michellesswimstars.com. Requests made verbally or by any other method are likely to get missed, therefore these can only be accepted via email. 

• A notice period is required for cancellation. If notice is received by the 15th of the month, then your subscription will be cancelled at the end of that current month and you are able to attend classes until then. If your cancellation request is received after the 15th of the month your subscription will be cancelled at the end of the following month, with your final monthly payment taken on the 1st of that month. You will be able to attend classes until the end of the month in which your subscription ends. For example, if your cancellation is received on 15th May (or before), you will be able to attend until the end of May and no further payment will be taken. If your cancellation is received on 16th May (or after), payment will be taken for June and you will be able to attend classes until the

end of June.

 

Block Booking

 

• With the block payment option, you commit to being a customer and paying the fees for a full term of lessons for at least one full term.

• All course fees must be paid in full in advance of the start date of the course.

• Payment deadline dates will be confirmed by us via email.  If payment is not made by the deadline date, we are unable to guarantee your place and it will be opened to other bookings.

• Swimmers may not be allowed to participate in any swimming lessons until the fees are paid in full.

 

Cancellations/Refunds

There is a 14-day window after payments have been received for a refund to be requested provided this is more than 14 days before the start of the course. This allows a reasonable opportunity to resell the space. If you wish to cancel a booking for a course after payment has been made and it is within these timelines, this request must be made to info@michellesswimstars.com.

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Refunds will be processed as soon as possible and, in any event within 14 days of receipt of your request and appropriate details being provided.

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Block Payment Cancellation Policy and one-off lessons. If you cancel your lessons before the block has finished then no refund will be given.  No refund will be offered for one-off lessons.

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To cancel your monthly subscription, you must send your notice to info@michellesswimstars.com. We cannot accept cancellations via facebook, telephone or verbally at our lessons. When we receive your written notice we will send you an acknowledgement letter or email to confirm the date that your subscription will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.

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Lessons are non-transferable and we do not issue refunds for missed lessons due to your own circumstances including for any illness, injury or holidays as we have a commitment, in advance, to the teacher and pool hire. 

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However, if there is a space available on another day that suits you and if you give us at least a week’s notice, we will try and offer another lesson e.g. you are on holiday one week, we will see if we can arrange another lesson on another day the week after.  This will be limited to one per term and cannot be guaranteed.  Or if a learner suffers a serious illness or injury which affects their participation for more than 4 weeks (such as a broken bone or prolonged hospitalisation) we may offer a refund for lessons missed provided you notify us at least 48 hours before the first lesson missed, provide us with a medical note detailing the illness or medical condition and you accept that we may offer the space to another learner; we will endeavour to offer you another suitable lesson when you are ready to return.

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Refunds will not be given for lessons missed due to adverse weather conditions in your locality if the venue and environment are accessible and the lessons go ahead.

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Cancellation by us

On rare occasions classes may be cancelled at short notice if the pool is not fit for teaching purposes.

 

Any cancellations due to force majeure, power failure, adverse weather conditions, disasters, terrorism, war and pandemics will not be refundable, as these are out of our control.

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If we need to cancel a lesson then we shall make every effort to email and/or text the details supplied by you when booking on ClassForKids. We cannot be held responsible for being unable to give prior warning of cancellations or closures, as it could be dependent on very late notice or problems with the pool and mobile networks delivering the text message on time. Please ensure your contact details on ClassForKids are up to date and correct with no typos.

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If we determine that there is insufficient support for a lesson, we have the right to cancel, suspend or postpone the lesson before the date of the first lesson. We shall give you as much notice as possible of any such cancellation and we will provide you with a full refund of your lesson fee if no suitable alternative lesson is found.  Our liability for any such cancellation shall be limited to this refund and we shall not be liable for any losses of any kind incurred by you because of such cancellation.

 

If you notify us that you are unable to attend the substitute lesson in advance of the date scheduled for the substitute lesson, then you will receive a refund for the cancelled lesson.

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Medical conditions and sickness

All pre-existing medical conditions of the child attending swimming lessons and the parent/guardian adult (if they are coming into the water) must be disclosed as part of registration and in any event prior to starting lessons on ClassForKids.  Please ensure any changes to medical conditions are kept updated on ClassForKids.

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Where relevant additional needs of all those entering the water should be disclosed prior to starting lessons and kept updated as above.  This is entered when booking on ClassForKids.

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All information disclosed is kept confidential and is maintained only for the purposes of keeping those entering the water safe.

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Please bring any medication such as inhaler and auto-injector to lessons.

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If anyone entering the water has a contagious illness such as an ear infection, flu, diarrhoea, vomiting, chicken pox, impetigo, conjunctivitis or a bad cold, please wait until your doctor has given the all clear to swim. In instances of vomiting or diarrhoea, you must have been clear of the symptoms for 48 hours before attending a lesson.

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People with symptoms of cryptosporidiosis should not use a swimming pool for 14 days after the symptoms have cleared.

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You must ensure that you follow Government guidance at all times in relation to covid or any other contagious illnesses or diseases. If you are advised not to attend swimming lessons or public spaces by the Government you must not attend.

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People with athlete’s foot are not allowed in the swimming pool or surrounding area unless their feet are suitably covered.

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Verrucae socks must be worn if a person is suffering from verrucae(s).

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We appreciate your help with minimising lesson disruption and instances of children being sick during lessons. Maintaining hygiene standards and cleaning up after these problems often results in lessons being rescheduled, a costly inconvenience for other swimmers, us and our venues that can easily be avoided.

Before the class only feed your child a light snack, no later than an hour before lesson start (no large meals) and take them to the toilet. If your child feels unwell, however minor, do not bring them to the pool and they should not swim again until fully recovered.

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If your child has an open wound please do not attend until fully healed. All minor cuts and grazes must be covered with a waterproof plaster.

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In case of illness or injury during lessons, by agreeing to these T&C’s you authorise and desire medical care for your child at the discretion of the attending First Aider and/ or competent medical authorities.

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Loss/Injury suffered by you

We take no responsibility for any incident resulting from anything, which is outwith of our control relating to the facilities used including the pool, showers and the water. Full liability in such cases, is with the facility in which the lesson takes place.

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Whilst you are at the venue, we ask you to respect all property. All access to any site and any surroundings will be at your own risk. Any other facilities that may be available at venues we hire are only available to be used by authorised people of the property owner and must be used in accordance with their rules.

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MSS or any of the independent teachers are not responsible for any loss or injury during the lesson.  We do not accept any responsibility for any death, injury or loss suffered nor damage to any part of the swimming pool or building in which the pool is located, or any adjoining lands, buildings or boundaries caused by you, your child or those in whose care you have placed your child for the purpose of lessons, with or observing lessons resulting from your conduct or conditions under your or their control, which amounts to contributory negligence whilst attending any lessons.

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MSS will not accept liability for loss or damage to any personal belongings brought by a swimmer to any lesson. You are therefore requested to ensure that no valuable items are brought to the swimming lessons.

We take no responsibility for anyone, in a parent and child lesson holding their child incorrectly or doing any activities that they are not instructed to do by the teacher throughout the lesson.

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We also take no responsibility for the risks of submerging your child underwater which has obvious inherent risks including, and not limited to drowning. This is done entirely at the parents / guardians’ own risk.

In the absence of any proven negligence, lack of due diligence or breach of duty by the teacher we, the participation of you, the client, your spouse / partner, child or those in whose care you have placed your child for the purpose of attending or observing lessons is done so entirely at your own risk.

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Behaviour/General Responsibilities

Given the inherent dangers with swimming all those attending a lesson, including the responsible adults and those attending with the responsible adult, must obey all instructions and commands issued by the pool staff and instructor.

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We reserve the right to remove from lessons, without refund, anyone who is found to be bullying, misbehaving or displaying disruptive behaviour.

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The use of mobile phones on the poolside is strictly prohibited. If you need to take or make a phone call please do so off poolside.                  

                                                

You must not leave the pool whilst your child is in the pool. In the event that your child needs to go to the toilet during a lesson, the teacher will ask you to supervise them.

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You are responsible for your child until the teacher collects them at the start of the lesson and you must collect your child, promptly, at the end of the lesson.

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Parents or guardians are responsible for children and siblings that they bring to lessons from arrival on site, supervision in the changing rooms and in any part of the facility.

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Please refrain from communicating with or distracting the teacher during lessons.

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Please dispose of nappies in the bins provided in the toilets. Please encourage children to use the toilet before their lesson starts.

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Long hair must be tied back, or a swim cap must be worn.

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Goggles may be used but we reserve the right to remove them if they are hindering the swimmer or class.

Jewellery including earrings should be removed prior to the lesson.

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Double nappy policy for babies and pre-schoolers who are not yet fully toilet trained must be adhered to. The inner layer can be either a disposable or reusable swim nappy, and the outer layer must be a Splashabout Happy Nappy, or similar. This still applies if even if baby is wearing a wetsuit. We reserve the right to refuse entry into the pool without the appropriate swimwear.

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Swimming Teachers

While we endeavour to ensure you always have the same teacher there may be times when another teacher may step in to cover during illness and holidays.

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All MSS teachers have up to date qualifications including so you know you're in safe hands. Copies are available upon request.

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Customers accept that at times there will be physical contact between the teacher and their child, in a professional, caring manner. By agreeing to these T&C’s your permission is assumed for this to take place. If you have any concerns in this regard, please let us know immediately.

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Photography & Recording

You may not take photographs or video recordings during lessons unless this has been pre-agreed with Michelle. In addition, consent from everyone who is in the photo or video is required.

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We reserve the right to ask for any photos and videos taken to be deleted. Under no circumstances will photography be permitted in the changing facilities or toilet areas of the pools.

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We also use photographs for social media and marketing purposes.  Consent is asked of the parent and the child as well as on ClassForKids, if the child does not give consent and the parent does, we do not use the photos as the child’s consent overrides the parents.  If consent is given to MSS to use your photos for digital marketing and advertising, MSS will continue to use the photographs in all future work, unless you directly notify us otherwise. You can withdraw your consent by emailing info@michellesswimstars.com.  Please bear in mind that if consent is withdrawn it may not be possible to delete images that have already been shared or published.  We will never exclude a child from an activity because we do not have consent to take their photograph.  For further information please refer to our Photography policy on our website https://www.michellesswimstars.com/

 

Privacy and Data Protection (UK General Data Protection Regulations) (UK GDPR)

By providing information to us, you:

• Give permission for the personal and contact information to be held by MSS (via ClassForKids) for use where necessary to contact you and oversee your safe attendance at MSS.

• The first names of your children are printed on lesson registers which the teachers use at the pool, and therefore this data is visible to pool staff in the office. Registers are taken at the beginning of each class and are used in the event of an evacuation.

• Give permission for your contact email address and or mobile phone number to be used to provide all necessary information for future events, promotions and advertisement purposes relating to MSS.

• Agree to update ClassForKids should any of the contact or medical information you have provided change and need updating.

• Understand that ClassForKids and MSS will retain my information until your ‘membership’ has elapsed for one calendar year.

• Please let us know or ClassForKids if you would like your data permanently deleted from ClassForKids or MSS records at any time.

• For further information please on data processed please refer to our Privacy Policy on our website www.michelleswimstars.com

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Additional Information for Nairn Hydrotherapy Pool

Please do not arrive more than 10 minutes before your lesson where possible. 

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When parking your car, please park in the allocated Hydrotherapy Pool Parking if a space is available. Please do not park in the hydrotherapy delivery spaces as this must be kept clear for access for staff and deliveries.

Buggies must be kept in the office and not brought onto poolside or in the changing rooms.

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Children are not the responsibility of MSS or our swimming teachers until the child enters the swimming pool at the start of a lesson. You must NOT leave the premises whilst your child is in the pool. Swimmers should not enter the pool until instructed by the teacher and must tell the teacher if, for any reason, they need to leave the pool before the end of the lesson.

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MSS will advise you if your child has reached a stage where they are too old or advanced for our lessons due to the length of the pool.  They will offer some advice on the best way forward.

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We understand families are keen to come and view lessons., We will support this where practical, however there are times when it is too crowded in the reception area and it becomes a safety issues. We will allow extra family members, for example Grandparents, for 10 minutes at the beginning of class but for the rest of the class could we please request that there is one adult per child in reception.

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Shoes must be removed before going on poolside (or overshoes must be worn).

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Please wait at the changing area to be welcomed to your class. Baskets are provided for your clothes and belongings. Please hand to poolside assistant for safekeeping.

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Poolside etiquette must be adhered to whilst waiting for your class or if you are watching the lesson, please talk quietly and stay in the reception or changing area of the pool. This helps to keep the atmosphere calm and relaxed especially for the young and nervous swimmers.

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Entry to the pool is via steps only. Children who are not able to walk the steps independently must be passed to the teacher.

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We encourage customers to come "swim ready" with costumes on under clothes and to shower at home.

Showers are available but are limited for quick pre and post rise only. Please dry and exit the changing rooms as quickly as possible to avoid cross over with the next class.

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You can sit in the reception area to have a drink, snack or feed your baby. Please take all rubbish home.

 

Safeguarding  

MSS is committed to providing good child safeguarding practice for all our swimmers and we have adopted the STA Safeguarding Policy – a copy of which is held by the MSS Office or can be viewed and downloaded from https://www.sta.co.uk/policies/safeguarding-policy/. Our MSS policy is one where we accept that good safeguarding and fair play is paramount for all our swimmers.

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Queries & Complaints

We hope you will be delighted with your MSS experience. However, if you have any questions or complaints, please speak to Michelle by emailing info@michellesswimstars.com.  Please do not try and talk to the teacher while lessons are taking place.

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Changes to Terms & Conditions

From time to time, we may update these Terms and Conditions by sending you either an updated version or notification of minor changes. You are free to not accept these changes, but we would ask you to notify us in writing of your non-acceptance within 14 days of your receipt, failing which we will be entitled to treat our agreement with you as being subject to the updated version.

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