These Terms and Conditions (“Terms”) govern your use of the CSCP services, including the Swimming Certification platform, Instructor Licensing, and Facility Licensing. By accessing or using the Service, you agree to be bound by these Terms.

1. General Provisions and Acceptance

1.1 Scope of Agreement

These Terms apply to all users globally, including:

• Individuals seeking Swimming Certification (Tier 1).
• Individuals seeking or holding Instructor Licenses (Tier 2).
• Businesses or entities holding a Facility License (Tier 3).

1.2 Amendments

CSCP reserves the right to modify or replace these Terms at any time. We will provide at least 30 days’ notice before any new terms take effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

2. Tier 1: Swimming Certification Terms

2.1 Certification and Renewal

A Swimming Certification is valid for a period of two (2) years from the date of issuance and requires renewal at the expiry date within – (minus) 30 days. Renewal requires payment of the renewal fee and successful completion of the required annual safety review module.

2.2 Disclaimer of Fitness

CSCP certifies that an individual has passed an online knowledge test related to basic pool safety and compliance. CSCP does not certify physical swimming ability or fitness for water activities. All individuals assume personal risk for water-related activities regardless of their certification status.

2.3 Verification

CSCP maintains a digital registry for the purpose of verifying certification status. By obtaining a certification, you consent to CSCP sharing your Name and Certification Status (Valid/Expired) with any Licensed Facility (Tier 3) for legitimate safety and compliance verification purposes.

3. Tier 2: Instructor Licensing Terms

3.1 License Grant and Use

Upon successful completion of the certification course and payment of the applicable fee, CSCP grants the individual a non-transferable, revocable license to teach the CSCP curriculum. This license is subject to annual renewal and adherence to all CSCP teaching standards.

3.2 Professional Conduct

Instructors must maintain the highest standard of professional conduct and safety. Any conduct deemed unsafe, unethical, or non-compliant with local laws or CSCP standards will result in the immediate revocation of the Instructor License without refund.

3.3 Training Materials

All training manuals, presentation slides, and curriculum documents provided to Instructors are the exclusive Intellectual Property (IP) of CSCP. The Instructor is granted a limited right to use these materials solely for the purpose of teaching the CSCP curriculum. Unauthorized reproduction, distribution, or commercial use of these materials is strictly prohibited.

4. Tier 3: Facility Licensing Terms

4.1 License Scope

The Facility License (Bronze, Silver, or Gold) grants the Licensee the right to use the CSCP name, logo, and safety standards within the licensed facility for the purpose of promoting safety and compliance. This license is site-specific and non-transferable to other locations or entities.

4.2 Compliance Obligation

The Licensed Facility agrees to adhere to the CSCP Minimum Operational Safety Standards as defined in the provided Operations Manual. Failure to maintain these standards may result in a review and potential revocation of the Facility License.

4.3 Indemnification by Facility

The Facility agrees to indemnify, defend, and hold harmless CSCP, its officers, and agents from and against any and all claims, damages, liabilities, and expenses arising out of or related to the operation and maintenance of the Facility, including, but not limited to, any accidents, injuries, or deaths occurring at the Licensed Facility.

4.4 Consulting Services (Gold Tier Only)

For Gold Tier Licenses that include on-site consulting, the Licensee acknowledges that CSCP’s recommendations are advisory. The Facility retains sole responsibility for the implementation of any advice and the ultimate safety of its premises and patrons.

5. Data Protection and Global Privacy

5.1 Privacy Commitment

CSCP is committed to protecting your privacy and personal data in accordance with the General Data Protection Regulation (GDPR), which sets a high standard for data protection globally, as well as any other relevant local data privacy laws applicable to your jurisdiction.

5.2 Processing Details

• Data Controller: CSCP acts as the Data Controller for all data collected directly for the official certification and licensing registry.
• Further Information: For full details on data collection, lawful bases for processing, data storage, and your rights (including access, rectification, and erasure), please refer to our separate, comprehensive Privacy Policy.

6. Billing and Payments

6.1 Payment Processing

All fees (certification, renewal, licensing) are processed through third-party payment providers. You agree to abide by the terms and conditions of that provider. CSCP is not liable for errors or security breaches caused by the third-party payment provider.

6.2 Refunds

All initial certification fees (Tier 1 and Tier 2) are non-refundable once the associated training or testing materials have been accessed. Facility Licensing fees are non-refundable after the 30-day commencement period, irrespective of facility usage or closure.

7. Limitation of Liability and Warranties

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSCP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Limitation of Liability

In no event shall CSCP, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use the Service;
• Any conduct or content of any third party on the Service (including Licensed Facilities or Instructors);
• Unauthorized access, use, or alteration of your transmissions or content.
• Nothing in these Terms excludes or limits CSCP’s liability for death or personal injury arising from negligence, fraud, or any liability which cannot be excluded or limited under the applicable law of your jurisdiction.

8. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law.

8.2 Jurisdiction

Any dispute or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be submitted to the exclusive jurisdiction of the courts of Ireland.

8.3 Consumer Protection

Notwithstanding Section 8.2, if you are a consumer residing outside of Ireland, nothing in these Terms shall limit your rights to bring a claim in the courts of your country of residence, where such protection is mandated by the local laws of that country.

9. Contact Information

Questions about these Terms and Conditions should be sent to us at: [Insert Support Email Address, e.g., legal@cscp-safety.org].