Terms & Conditions
1.1 This Agreement is between Tateswim Pty Ltd, ATF the Tate Family Trust ABN 59 289 096 024 (Tateswim) its successors and assignees, (referred to as “we”, “us” or “our”), and the person described in the Enrolment Form (referred to as “you” or “your”), and collectively the Parties.
1.2 If you are a minor, your parent or guardian is responsible for signing your Enrolment Form and meeting the obligations under this Agreement.
1.3 You have requested the services set out in the attached Enrolment Form (Services). You agree that by submitting the Enrolment form you are accept these Terms and Conditions (Terms). Please read the Terms carefully. Please contact us if you have any questions.
2.1 We agree to perform the Services set out in the Enrolment Form with due care and skill.
3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us the Fees for the Services that you have requested, as set out in the Enrolment Form (Price). All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
3.2 If you are unable or unwilling to pay by direct debit, you will be invoiced on a quarterly basis. Invoices will be emailed to you. Full payment will be required by the due date, stated in the Invoice.
3.3 If you do not pay the Invoice by the due date your enrolment may be discontinued and the pool entry card deactivated until we receive payment of the Invoice.
3.4 If Invoices are unpaid for 7 days after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.5 Our pricing structure, payment methods and these Terms may be amended from time to time in our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
4. TRAINING TIMES
4.1 Training and classes shall take place as outlined in the training calendars on our website, are subject to availability and may vary from time to time.
4.2 In the event that a scheduled training session is cancelled, Tateswim shall, where possible, attempt to notify you or the appropriate guardian of the cancellation, normally by text message and/or email.
5.1 Our Fees may change from time to time, and are available on our website.
6. PAYMENT OF FEES BY DIRECT DEBIT
6.1 The standard method of payment of Fees is by direct debit from a nominated savings or credit card account. Payments are debited by Ezidebit (www.ezidebit.com. au) as per instructions from Tateswim.
6.2 A transaction fee applies if paying by credit card, as amended from time to time. No transaction fee for payments from savings accounts.
6.3 Fees are debited monthly on the first business day of each month (12 months of the year).
6.4 There are no set up or termination fees.
6.5 Fees are debited on an ongoing basis until notified in writing of discontinuation.
6.6 Ezidebit Direct Debit Request Service Agreement form part of these Terms (www.ezidebit.com.au).
7. DISHONOURED PAYMENT
7.1 A dishonour fee, as amended from time to time is charged by Ezidebit if a payment is dishonoured.
7.2 It your responsibility to ensure that bank/credit card details are correct and up to date.
7.3 Tateswim should be advised of any changes to such details. Tateswim will not be responsible for Bank charges incurred, such as an overdrawn fee or a dishonour fee.
7.4 In the event that a payment is dishonoured Tateswim will advise you of the situation and may request that you complete a ‘Change of Bank Details’ form.
8. YOUR OBLIGATIONS AND WARRANTIES
8.1 You warrant that throughout the term of this Agreement that:
(a) you will cooperate with us and provide us with any information we require to enable us to perform the Services;
(b) you will comply with our policies including our Guidelines for Parents available on our website;
(c) the information you provide to us is true, correct and complete; and
(d) you consent to the use of your name in relation to the Services in a way which may identify you.
8.2 Your obligations when receiving the Services:
(a) you and/or your parents/guardians must advise the swimmer’s coach (or coaches) of any significant and/or relevant medical conditions prior to commencement of training with that coach (or coaches); and
(b) you and/or your parents/guardians must act in a responsible and respectful manner towards other swimmers, parents, Tateswim representatives and pool patrons.
9.1 In the event of a short or planned absence, or absence due to illness or injury you may be able to place classes on hold or attend a make-up session. For details please refer to the Tateswim missed class policy available on our website.
10. FEEDBACK AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.
10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to meet in good faith to seek to resolve the dispute by agreement between them.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
11. TERMINATION AND CANCELLATION
11.1 You can cancel the Services at any time by providing 30 days’ notice via email to firstname.lastname@example.org. Tateswim will acknowledge the request by email.
11.2 Tateswim may cancel the Services at any time by providing you with 14 days’ notice.
11.3 We may terminate the Terms immediately, in our sole discretion, if:
(a) we consider that a request for a Service is inappropriate, improper or unlawful, or your behaviour inappropriate;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe;
(e) payment for Fees has not been received by the due date; or
(f) you fail to pay an Invoice within 30 business days of the payment date.
11.4 On termination of these Terms you agree that any Fees made are not refundable to you, and you are to pay all invoices for Services rendered to you.
11.5 If you terminate this Agreement early, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been billed to you.
12. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
12.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
12.2 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
12.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
12.4 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12.5 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
12.6 Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
12.7 This clause will survive termination of these Terms.
13.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
13.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you. Your photo may be placed on our website, social media, newsletters and promotional materials.
13.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you.
13.4 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
13.5 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
13.6 Force Majeure:We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control including closure of the pool due to weather or contamination.
13.7 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
13.8 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Tateswim Pty Ltd ATF The Tate Family Trust
PO BOX 2293 Blackburn South VIC 3130
Last update: 19 May 2016