Kingswim Terms and Conditions
- Account means the account held at your financial institution or your credit card facility (as relevant) from which we are authorised to arrange for funds to be debited.
- Business day means a day other than a Saturday or a Sunday or a public holiday in Victoria, Australia.
- Debit day means the day that payment by you to us is due.
- Debit payment means a particular transaction where a debit is made.
- Direct debit request means your signed direct debit request form which is attached to the front of these Terms and Conditions.
- Terms and Conditions means these Direct Debit Request Terms & Conditions.
- Us or we means YMCA Aquatic Education Ltd ABN 88 151 552 322, the Debit User (number 403053) you have authorised by signing a direct debit request.
- You means the authorised party who signed the direct debit request.
- Your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.
- Debiting your account
1.1 By signing a direct debit request, you have authorised us to arrange for funds to be debited from your account. You should refer to the direct debit request and these Terms & Conditions for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the direct debit request.
1.3 If the debit day falls on a day that is not a Business Day, we may direct your financial institution to debit your account on the following Business Day.
1.4 If you are unsure about which day your account has or will be debited you should ask your financial institution.
- Changes by us
2.1 We may vary any details of these Terms & Conditions or a direct debit request at any time by giving you forty five (45) days’ written notice. Notices will be sent to the email address listed on your direct debit request.
- Changes by you
3.1 Subject to 3.2, you may alter the arrangements under a direct debit request by contacting us on 1300 054 647 or updating your details through the Kingswim Customer Portal.
3.2 You may cancel your authority for us to debit your account at any time by giving one (1) months’ notice. This must be given in writing using the “Cancellation Form”. Forms are available at Kingswim.com.au/cancellation.
- Your Obligations
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account, by the due date, to allow a debit payment to be made in accordance with the direct debit request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you will incur a dishonour fee from us in the amount of $5 per transaction that is dishonoured; and
(c) to enable us to process the debit payment, you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account within five (5) days of the date on which we were unable to process the debit payment.
(d) should fees remain outstanding after five (5) business days, fees will processed again from your nominated account.
(e) any lesson that has outstanding fees after ten (10) business days will be cancelled.
4.3 You acknowledge and agree that the dishonour fee referenced in clause 4.2(b) above is fair and reasonable and a genuine pre-estimate of the expense we incur in circumstances where we cannot process your direct debit request.
4.4 You should check your account statement to verify that the amounts debited from your account are correct.
4.5 We may immediately cancel your account if you fail to comply with clause 4.2(c).
5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1300 054 647 and confirm that notice in writing with us as soon as possible so that we can resolve your query quickly. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6.1 You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting through BECS is not available on all accounts offered by financial institutions;
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) your credit card details which you have provided to us are correct (as relevant).
8.1 Any notifications to us relating to these Terms & Conditions or your direct debit request must be sent by email to firstname.lastname@example.org
8.2 We will contact you at your nominated email address set out in the direct debit request if we need to contact you. It is your responsibility to notify us if your email address or contact details change.
8.3 Emails will be deemed to be received once sent, unless an email notification is received by the sender indicating that the email has not been successfully sent.
Kingswim Conditions of Entry
All patrons 15 years and younger must be actively supervised by either a parent, guardian or other responsible person, 16 years of age or older whilst anywhere on or within the Kingswim premises. Supervision by Kingswim personnel is in addition to and not in lieu of this condition.
All swimmers must check in at Reception or the self-serve kiosks to mark themselves present at each lesson
Inappropriate behaviour, physical, verbal or otherwise may result in removal from the premises.
Glass or other breakable objects must not be brought onto the premises.
Kingswim is a drug and alcohol free venue. Any customer suspected of being under the influence or use of the above will be refused entry.
Kingswim is a smoke free venue.
Personal property should not be left unattended. Kingswim accepts no liability for any loss or damage to your personal property on the premises
Please observe all signage within the facility and note the following rules apply:
– No Diving
– No Running
Students who are not yet toilet trained must wear a suitable swim nappy while swimming. Please see reception if you would like to purchase a swim nappy.
No swimmer(s) are to enter class teaching areas, whether being used or not, prior to or after their class
In case of emergency, follow Kingswim staff instructions.
Teacher and class changes
While we strive to provide your swimmer with a consistent teacher and class, at times this may not possible due to unavoidable circumstances.
We access each swimmers progress on an ongoing basis and you may request an assessment of your swimmers skills at any time.
If your swimmer is enrolled in our Core program in Levels K1 to K9 and has remained in the same level for 32 lessons or more with regular attendance, the swimmer will be eligible for additional lesson until they progress to the next level. This excludes Parent Child, Squad and Private lessons
You confirm that your swimmer(s) have no medical condition that may affect their ability to participate in swimming lessons. If the student does have such a medical condition, you confirm that the condition has been assessed by a medical practitioner, who has advised that it is safe for the student to participate in the swimming lessons.
You also confirm that you consent to your swimmers receiving emergency medical treatment in case of an emergency by Kingswim staff.
Make-Up for missed lessons
- One (1) Make-Up lessons in the form of a token will be offered per swimmer, per calendar month, if Kingswim is notified of an absence, for any reason, one (1) hour prior to the start of the swimmers lesson for that day.
- Make-Up tokens for absenteeism must be taken within ninety (90) days of the missed lesson. Make-Up lessons can be carried over a break or be redeemed in a Fast Track program.
- A Make-up lesson token will be provided within the Customer Portal once notification is confirmed and the missed lesson has been passed.
- Swimmers must have an active enrolment to take a Make-Up lesson and have no outstanding fees against your account. Make-Up lessons cannot be exchanged for a refund or credit, and expire after ninety (90) days if not taken.
- Any accrued make-ups will be forfeited if not used prior to cancelling your students booking(s)
- Make-Up lessons can only be offered where a suitable place is available, either due to a notified absence or suspension and cannot be guaranteed.
- Accrued Make-Ups apply to the individual swimmer only and are not transferrable.
- If the Make-Up lesson is unattended, the make-up lesson will be forfeited.
- Make-Up lessons will not be given if a lesson is missed during the Fast Track Holiday program.
- If Kingswim cancel a lesson due to unforeseen circumstances at the Centre, we will issue you with a credit for the swimming lesson to be applied to a future direct debt.
Suspension of Lessons
- Lessons can be suspended, in advance, for a minimum of two (2) weeks and a maximum of eight (8) lessons per year.
- Suspended lessons will be charged at $5.00 per lesson.
- Suspended lesson charges will be added to the monthly payment run in which the lesson falls.
- If an absence is due to a medical reason, families can either use Make-Ups as a replacement lesson for short periods missed or apply a suspension fee for extended periods missed to hold the suitable lesson time.
Cancellations and Refunds
- As per 3.2 and 3.3 of the Kingswim Direct Debit Request Service Agreement, families may cancel their enrolment by giving us one (1) months’ notice.
- Direct debits are paid up until the end of the calendar month and Kingswim can cancel enrolment from this date in lieu of one (1) months’ notice.
- No refunds will be given for cancelled lessons as spaces are reserved for as long as you are enrolled, there are no refunds for any classes missed.
- Refunds will only be issued if Kingswim is responsible for an error, e.g. have overcharged an account.
- Credits given at Kingswim’s discretion will be valid for twelve (12) months from the cancellation date.
- Credits can only be used for our Learn to Swim programs at our centre.
- Cancellations must be made in writing by filling in the Cancellation form. The form is available at Kingswim.com.au/cancellation.
Legislative and Industry Requirements
- This policy has been developed and is supported by the following documents; Consumer Affairs Victoria – Australian Consumer Law Guide – Avoiding unfair business practices – Refunds and Credit Notes.
- Notified absence – a one-off notification of the inability of a swimmer to attend a lesson
Cancelled lessons – permanently cancelled from all classes within Kingswim programs
- Enrolment – an active booking in a perpetual lesson
- Make-Up lesson – an additional lesson for a notified absence
- Replacement lesson – an additional lesson for an unplanned cancellation or closure
- Suspended lessons – active enrolment has been placed on hold for a period of time at a cost per lesson
I grant to YMCA Aquatic Education Pty Ltd (trading as Kingswim Australia), its representatives and employees the right to take or use self-produced photographs and videos of the specified swimmer(s) and my property in connection with the above-identified subject. I authorise Kingswim Australia, its assigns and transferees to copyright, use and publish the same in print, film, electronically and on Kingswim Australia owned digital channels.
I agree that Kingswim Australia use such film, photographs or images of me with or without the swimmers first name and for any lawful purpose, including for example such purposes as publicity, multimedia production, illustration, advertising i.e. brochures, billboards and newspapers, and web content across YMCA managed centres and channels.
I agree that Kingswim Australia may use such film, photographs or images in a broad variety of projects, including for the above-identified subject, for as long as it feels appropriate. I have read and understand the above: