Terms & Conditions

1.           ACCEPTANCE

1.1         This agreement is between Tateswim Pty Ltd, ATF the Tate Family Trust ABN 59 289 096 024 (we, us or our), and the person described in the Enrolment Form (you or your), together 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 these Terms.

1.3         You have requested the services set out in the program page on our website (Services). You agree that by submitting the Enrolment Form you are accepting these terms and conditions and the Enrolment Form (together, the Terms).

2.           SERVICES AND TRAINING TIMES

We agree to perform the Services set out in the program page on our website with due care and skill.

2.1         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.

2.2         In the event that a scheduled training session is cancelled, we will, where possible, attempt to notify you or the appropriate guardian of the cancellation, normally by email and/or text message.

3.           FEES, INVOICING AND PAYMENT

3.1         You agree to pay us the fees for the Services that you have requested, as set out in the fees page (Fees).

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         If you have not paid the Fees within 14 days of the due date, we will charge you a late payment charge of $25 and we may suspend the provision of the Services until you make payment.

3.6         You agree that we may change our pricing structure (including if the swimmer moves to a different squad), payment methods and these Terms by providing written notice to you. If you do not agree to the change, you may terminate these Terms.

3.7         To the extent permitted by law, the Fees are non-refundable.

4.           PAYMENT OF FEES BY DIRECT DEBIT

4.1         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).

4.2         When you submit the completed Ezidebit Direct Debit Request to us and provide the Direct Debit Request to us, you are authorising us to debit funds from your nominated account for the payment of the Fees, and any other amounts payable to us under these Terms.

4.3         Tuition fees are debited monthly on the first business day of each month (12 months of the year) until these Terms are terminated unless otherwise agreed between the Parties.

4.4         Competitive swimmer fees are debited in March and September each year and only apply to swimmers who are current competitive members of M1 Swimming Club.

4.5         There are no set up or termination fees but there are fees payable depending on your payment method (which may be subject to change from time to time) and there is also a failed payment fee. All additional fees are set out in the Direct Debit Request.

5.           YOUR OBLIGATIONS AND WARRANTIES

5.1         You warrant that throughout the term of these Terms 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; and

(c)     the information you provide to us is true, correct and complete.

5.2         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.

6.          ABSENCES

6.1         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 by providing notice to us. For details please refer to the absences policy available on our website.

6.2         To extent permitted by law, you will not be provided with a refund or credit if you do not give notice of your absence as outlined on the absences policy page.

7.           TERMINATION AND CANCELLATION

7.1         You can cancel the Services at any time by providing 30 days’ notice via email to info@tateswim.com.au .

7.2         We may cancel the Services at any time by providing you with 14 days’ notice. Where we cancel the Services for convenience, we will we will provide you with a pro rata refund for any Services paid for but not provided.

7.3         These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party), if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.

7.4         Upon expiry or termination of these Terms:

(a)     we will immediately cease providing the Services;

(b)     without limiting your Statutory Rights, you agree that any payments made by you to us are not refundable to you; and

(c)     you are to pay for all Services provided prior to termination, including any Services which have been performed and have not yet been billed to you, and all other amounts due and payable under these Terms.

8.           CONSUMER LAW AND LIMITATION OF LIABILITY

8.1         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).  Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services is governed solely by the ACL and these Terms.

8.2         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 12 month period prior to the event giving rise to the liability, or AUD$100 if no such payments have been made, as applicable. Neither Party will be liable for any consequential loss under these Terms.

8.3         This clause will survive termination of these Terms.

9.           GENERAL

9.1         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.

9.2         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.

9.3         Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

Contact details:

Tateswim Pty Ltd ATF The Tate Family Trust ABN: 59289096024

PO BOX 2293 Blackburn South VIC 3130

info@tateswim.com.au

Last update: 25 August 2022