Customer Terms of Service

TrySwim Customer Terms of Service

Operated by TRY SWIM GLOBAL SDN BHD

Effective date: [EFFECTIVE DATE] Version: [VERSION / DRAFT REF] Last updated: [LAST-UPDATED DATE]

1. Who we are and how to contact us

1.1 These Terms of Service (the "Terms") are a contract between you and TRY SWIM GLOBAL SDN BHD, a company incorporated in Malaysia ("TrySwim Global", "we", "us" or "our"). TrySwim Global operates "TrySwim", an online marketplace that connects customers with independent swimming coaches at partner swimming facilities (the "Platform"), accessible at tryswim.my, tryswim.app and any associated applications.

1.2 In compliance with the Consumer Protection (Electronic Trade Transaction) Regulations 2024 (the "ETT Regulations"), our identifying and contact details are:

1.3 Customer support queries, complaints and refund requests should be sent to support@tryswim.my. Formal legal notices must be sent to legal@tryswim.my

2. About these Terms and the documents that go with them

2.1 By creating an Account, making a Booking, or otherwise using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

2.2 These Terms apply together with the following documents, each of which forms part of your agreement with us:

(a) our Privacy Policy [PRIVACY POLICY URL],

(b) the Liability Waiver and Parental Consent [WAIVER & CONSENT DOCUMENT TITLE / URL];

2.3 If there is any inconsistency relating to safety, assumption of risk or consent matters, the Waiver and Consent prevails to the extent of that inconsistency. In all other respects, these Terms prevail.

2.4 Lessons may also be subject to separate rules of the Coach and/or the Partner Facility (for example, pool rules, dress code and arrival procedures).

2.5 Nothing in these Terms limits or exclude any rights you have that cannot be excluded or modified under Malaysian law, including the Consumer Protection Act 1999 (the "CPA"). See clause 11.

3. Definitions

In these Terms, the following capitalised words have the meanings given below:

• "Account" — the account you register to access and use the Platform.
• "Booking" — a confirmed reservation for a made and paid for through the Platform.
• "Coach" — an independent swimming instructor offering Lessons through the Platform. Coaches are not employees, agents or partners of TrySwim Global.
• "Customer", "you" or "your" — the adult (18+) who holds the Account and makes Bookings, including on behalf of any Family Member.
• "Family Member" — a person (including a child under 18) whom you add to your Account and for whom you make Bookings.
• "Group Lesson" — a Lesson offered to more than one participant and subject to a stated minimum number of participants.
• "Lesson" — a swimming lesson or session delivered by a Coach.
• "Lesson Fee" — the price of the Lesson shown at checkout, excluding any separately stated Platform Fee and any applicable taxes.
• "Partner Facility" — an independent swimming pool or facility where Lessons take place.
• "Payment Processor" — third-party provider that processes payments and refunds through the Platform.
• "Platform Fee" — any service or booking fee charged by TrySwim Global for use of the Platform, as shown at checkout (if any).
• "Statutory Consumer Rights" — the rights and guarantees you have under the CPA and other Malaysian consumer-protection laws that cannot be contracted out of.
• "Total Paid" — the total amount you actually paid for a Booking, including the Lesson Fee, any Platform Fee and any taxes charged.

4. The TrySwim marketplace — what we do and do not do

4.1 We are a marketplace and intermediary. TrySwim Global operates an online platform that enables Customers to discover, book and pay for Lessons provided by independent Coaches at independent Partner Facilities, and we do not own or operate the Partner Facilities.

4.2 The contract for the Lesson. When a Booking is confirmed, a contract for the Lesson is between you and the Coach (and, where applicable, the Partner Facility). TrySwim Global facilitates the Booking and payment process only and is not a provider of the Lesson.

4.3 Our trust-and-safety role. We carry out an onboarding and vetting process for Coaches, including verification of identity, qualifications, and relevant certifications where applicable. Such checks are intended to support quality and safety and are not a guarantee of any Coach's conduct, competence or the safety of any Lesson.

4.4 No endorsement. Information on the Platform are provided by or on behalf of Coaches and Partner Facilities. While we take reasonable steps to maintain the Platform, but we do not independently verify all information not endorse any particular Coach or Partner Facility.

4.5 Independent providers. Coaches and Partner Facilities are independent third parties. Nothing in these Terms creates any employment, agency, partnership or joint-venture relationship between TrySwim Global and any Coach, Partner Facility or Customer. Except where expressly stated, TrySwim does not control the manner in which a Coach delivers a Lesson or how a Partner Facility operates its premises.

5. Eligibility, Accounts and Family Members

5.1 Adults only (18+). You must be at least 18 years old and have legal capacity to enter into these Terms and make Bookings. The Platform is not intended for direct use by children.

5.2 Accurate information. You must provide accurate, current and complete information when you register and keep it up to date, including information relevant to safety, swimming ability and medical conditions.

5.3 Account security. You are responsible for keeping your login credentials confidential and for all activity under your Account. Notify us promptly at support@tryswim.my if you suspect unauthorised use. We are not liable for losses arising from your failure to keep your credentials secure, except to the extent the loss is caused by us and cannot be excluded under Malaysian law.

5.4 Booking for Family Members and children. You may add Family Members to your Account and make Bookings on their behalf. By doing so you confirm that:

(a) you are the parent or legal guardian of, or are otherwise legally authorised to make Bookings and give consents for, each Family Member;

(b) you accept these Terms and the Waiver and Consent on behalf of yourself and each Family Member, and acceptance of the Waiver and Consent is a precondition to every Booking (see clause 2.2(b)); and

(c) you are responsible for each Family Member's participation, conduct, supervision to and from the Lesson, and compliance with these Terms, the Waiver and Consent, and the Coach's and Partner Facility's rules.

5.5 You acknowledge our Privacy Policy and, where you provide another person's personal data (including a child's), confirm you are entitled to provide it for the purposes described in the Privacy Policy.

6. Booking a Lesson

6.1 How booking works. Lessons may be booked through the Platform by selecting an available Lesson and completing payment through the Payment Processor. Upon successful payment, a Booking confirmation and QR Code (where applicable) will be issued.

6.2 When the Booking is confirmed. A Booking is confirmed only when payment is successfully completed and we issue a confirmation. Until then, availability is not guaranteed.

6.3 QR Code and entry. You must present the valid QR Code and any identification reasonably required by the Partner Facility to attend the Lesson. The QR Code is for the relevant Booking only and must not be shared, sold or reused.

6.4 Accurate health and safety information. You must ensure that the information relating to a participant (including swimming ability, health and medical conditions) is accurate and up to date, and you must comply all safety instructions of the Coach and Partner Facility.

6.5 Changes to a Booking. Rescheduling and cancellations are subject to availability and the Refund and Cancellation Policy in Clause 8. You are responsible for reviewing your Booking details upon confirmation and notifying us promptly of any error.

7. Prices, payments, fees and taxes

7.1 Prices and currency. Prices are shown on the Platform in Malaysian Ringgit (RM) and are payable at the time of Booking. The price applicable to your Booking is the price displayed at checkout.

7.2 Payment Processor. Payments are processed by our third-party Payment Processor. By making a Booking you also agree to the Payment Processor's applicable terms. We do not collect or store your full card or bank credentials.

7.3 What you pay. Your payment may comprise the Lesson Fee, any Platform Fee, and any applicable taxes, each as itemised at checkout before you confirm.

7.4 Receipts and records. A booking confirmation and receipt will be made available for each Booking.

7.5 Taxes (SST). Prices are stated [inclusive / exclusive — SELECT] of Sales and Service Tax (SST) and any other applicable Malaysian taxes. Any applicable taxes will be shown at checkout and on your receipt.

7.6 Pricing errors. If a Lesson is listed at an obviously incorrect price due to a pricing error, we may cancel the affected Booking and provide a full refund of the amount paid. This does not affect your Statutory Consumer Rights.

8. Refund and Cancellation Policy

This clause sets out the Platform's refund and cancellation policy and is in addition to your Statutory Consumer Rights.

8.1 How to cancel and the refund preview

You can cancel a Booking through the Platform. Before you confirm a cancellation, the Platform may display an estimated refund based on the applicable refund rules. The final refund amount is calculated when the cancellation is submitted.

8.2 Customer-initiated cancellations — time-tiers

The refund for a cancellation that you initiate depends on how far before the scheduled Lesson start time you cancel:

8.3 Group Lessons that do not meet the minimum

If a Group Lesson is cancelled because it does not reach its stated minimum number of participants you will receive a 100% refund of the Total Paid for that Booking. Where possible, we may offer an alternative Lesson.

8.4 Cancellations by a Coach, a Partner Facility or by us

If a Lesson is cancelled by the Coach, the Partner Facility or TrySwim Global — you will receive a 100% refund of the Total Paid. Where reasonably possible, we may assist with rebooking, but rebooking is not guaranteed.

8.5 No-shows and late arrival

(a) No-show. If a participant does not attend the Lesson and the Booking was not cancelled in time under clause 8.2, no refund is due.

(b) Late arrival and grace period. A participant who arrives more than [10 minutes] after the scheduled start time may be refused entry or allowed to participate for the remaining duration of the Lesson at the Coach's reasonable discretion, with no refund and no obligation to extend the Lesson.

(c) This clause 8.5 does not apply where the lateness or non-attendance is caused by the Coach, the Partner Facility.

8.6 How refunds are paid

(a) Approved refunds are made through the Payment Processor to the original payment method used for the Booking. We are not able to refund to alternative payment method.

(b) We will initiate approved refunds within [X business days]. The time for the refund to appear in your account then depends on the Payment Processor and your financial institution.

8.7 Failed or stuck refunds

If a refund cannot be processed automatically, please contact support@tryswim.my and we will work with the Payment Processor to complete the refund.

8.8 Chargebacks

Nothing in these Terms limits your right to dispute a charge with your bank or card issuer. We encourage you to contact us first so that we can attempt to resolve the issue promptly.

8.9 Fees outside this policy

Bank charges, currency-conversion costs or similar third-party fees that we do not receive may not be refundable, to the extent the law allows. Where the cancellation is under clause 8.3 or 8.4, or results from our error, we will make you whole for any such fees that we are able to control or recover.

8.10 Your statutory rights are preserved

This clause 8 is in addition to your Statutory Consumer Rights. Nothing in this clause limits any rights or remedies you may have under applicable consumer protection laws.

9. Acceptable use and anti-circumvention

9.1 General. You must use the Platform lawfully and only for genuine personal Bookings for yourself and your Family Members. You must not misuse the Platform, interfere with its operation, attempt to gain unauthorised access, or use it to harass any Coach, Partner Facility staff or other user.

9.2 No off-platform booking / anti-circumvention. The Platform's value depends on Bookings and payments being made through it. You must not intentionally use the Platform to identify a Coach or Partner Facility and then arrange Lessons outside the Platform for the purpose of avoiding Platform fees or circumventing these Terms.

9.3 Prohibited content and conduct. You must not submit false, misleading or unlawful content impersonate others, or upload anything that infringes a third party's rights.

9.4 Consequences. If you breach this clause 9, we may suspend or terminate your Account in accordance with clause 12 in addition to any other rights we have. We may remove content or take action that we reasonably consider necessary to protect the Platform, our users or third parties.

10. Intellectual property

10.1 The Platform, including the TrySwim name, logos, software, text, graphics and design, is owned by or licensed to TrySwim Global and is protected by Malaysian and international intellectual-property laws.

10.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for the purpose of making and managing Bookings in accordance with these Terms. You must not copy, modify, distribute, reverse-engineer or create derivative works from the Platform except as permitted by law.

10.3 If you submit content to the Platform, including reviews or photographs, you grant TrySwim Global a non-exclusive, royalty-free, worldwide licence to use, host, display and distribute that content on and in connection with the Platform. You confirm you have the rights to grant this licence and that the content does not infringe any third-party rights. We may remove any content that breaches these Terms or that we reasonably consider inappropriate.

11. Risk, disclaimers and limitation of liability

11.1 Assumption of risk (water activity)

Swimming and aquatic activities carry inherent risks, including the risk of serious injury or death. Detailed risk disclosures and consents are contained in the Waiver and Consent, which forms part of these Terms.

11.2 Disclaimers specific to our role as intermediary

To the extent permitted by law, and without limiting your Statutory Consumer Rights:

(a) we do not provide the Lessons and do not warrant the acts, omissions, competence, conduct or safety of any Coach or Partner Facility;

(b) we do not warrant that the Platform will be uninterrupted or error-free, or that listings, availability or ratings are complete or accurate; and

(c) our Platform and Platform-related services are otherwise provided on an "as is" and "as available" basis, except for guarantees that apply to our own services under the CPA and cannot be excluded.

11.3 What we are responsible for

We are responsible for providing the Platform with reasonable care and skill and for our own negligence, fraud or wilful default.

11.4 What we are not responsible for

To the maximum extent permitted by law, TrySwim Global is not liable for loss or damage arising from:

(a) the provision or non-provision of a Lesson, or any act or omission, of a Coach or Partner Facility;

(b) injury, illness or death occurring during, before or after a Lesson, except to the extent caused by our own negligence and not excludable by law (see clause 11.6);

(c) a participant's failure to follow safety instructions or to disclose accurate health information; or

(d) matters outside our reasonable control, including force majeure events (clause 15).

11.5 Limitation of liability (cap)

Subject to clause 11.6 and to the extent permitted by law, TrySwim's total liability arising out of these Terms shall not exceed the Total Paid for the affected Booking. TrySwim is not liable for indirect or consequential loss to the extent permitted by law.

11.6 Liabilities we do not exclude

Nothing in these Terms excludes or limits our liability that cannot lawfully be excluded, including liability for fraud or any rights that cannot be excluded under the Consumer Protection Act 1999.

11.7 Your indemnity

To the extent permitted by law, you agree to be responsible for loss we suffer arising from your breach of these Terms or the Waiver and Consent, your misuse of the Platform, or your or a Family Member's breach of a Coach's or Partner Facility's rules.

12. Suspension, termination and your right to close your Account

12.1 You may close your Account at any time. Closing your Account does not cancel a confirmed Booking or change the refund position under clause 8.

12.2 We may suspend or terminate your access to the Platform, or cancel a Booking, if: (a) you breach these Terms; (b) we reasonably suspect fraud, unlawful use, or a risk to safety; or (c) we are required to do so by law.

12.3 Where we suspend or terminate for a reason that is not your fault or breach, and a paid Booking is affected, clause 8.4 applies. Where we act because of your breach or fraud, refunds will be determined in accordance with clause 8.

12.4 We may withdraw or discontinue the Platform (or part of it) on reasonable notice; confirmed Bookings affected by a withdrawal are treated under clause 8.4. We may suspend access to the Platform temporarily for maintenance, updates or security reasons.

13. Changes to these Terms and to the Platform

13.1 We may change these Terms from time to time. If a change is material, we will give you reasonable notice by email and/or in-app notice or other appropriate means before the change takes effect.

13.2 Changes do not apply retrospectively to Bookings already confirmed before the change takes effect; those Bookings are governed by the Terms in force when they were made. Continuing to use the Platform after a change takes effect means you accept the updated Terms. If you do not accept a change, you may stop using the Platform and close your Account. Minor changes that do not materially affect your rights or obligations may take effect immediately upon publication on the Platform.

14. Complaints, dispute resolution and governing law

14.1 If you have a complaint or dispute relating to a Booking, please contact us first at support@tryswim.my and we will try to resolve the matter within a reasonable time.

14.2 Tribunal for Consumer Claims. Nothing in these Terms prevents you from bringing a claim before the Tribunal for Consumer Claims Malaysia or from exercising any other Statutory Consumer Right.

14.3 Governing law. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of Malaysia.

14.4 Forum. Subject to clause the courts of Malaysia have non-exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.

15. Force majeure

15.1 We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, severe weather, flooding, epidemics or pandemics, fire, acts of government, power or network failures, or pool closures for safety reasons (a "Force Majeure Event").

15.2 Where a Force Majeure Event causes a Lesson to be cancelled, clause 8.4 applies.

16. General

16.1 Severability. If any provision of these Terms is found to be invalid, unlawful or unenforceable that provision is severed or read down to the minimum extent necessary, and the remaining provisions continue in force.

16.2 Entire agreement. These Terms, together with the Privacy Policy and the Waiver and Consent, are the entire agreement between you and TrySwim regarding the Platform, and replace any prior arrangement on that subject. This clause does not exclude liability for fraud or misrepresentation.

16.3 Waiver. A delay or failure to enforce a provision is not a waiver of it.

16.4 Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may assign or transfer our rights and obligations in connection with a merger, restructuring or sale of our business, provided your rights are not materially affected, and we will notify you of any such transfer.

16.6 Notices. We may give you notices by email to your Account address or by in-app message. Formal legal notices to TrySwim must be sent to legal@tryswim.my.

16.7 Language. These Terms may be made available in more than one language. In the event of any inconsistency, the English version shall prevail unless applicable law requires otherwise.

16.8 Survival. Any provision which by its nature is intended to survive termination shall continue in effect after termination of these Terms

16.9 Electronic Communications. You agree to receive communications and notices electronically through email, the Platform or in-app notifications.