Direct Debit Terms and Conditions

Direct Debit Request Service Agreement

Definitions

  • 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.

1. 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.

2. 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.

3. 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.

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.

4. 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.

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. Dispute

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. Accounts

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).

7. Privacy

7.1 We will collect, store, use and disclose your personal information in accordance with our privacy policy available at: https://www.kingswim.com.au/privacy

We (YMCA Aquatic Education Ltd) are collecting the personal information requested in the direct debit request in order to establish direct debit arrangements for you and to set up, manage and maintain an account for you relating to swimming lessons for the swimmers listed on the direct debit request. If you don’t provide this information, we may not be able to establish direct debit arrangements for you, and set-up, manage and maintain your account. We may disclose the personal information (excluding any personal banking information) we collect to third party service providers for the purposes of programs and service provision, research and development purposes as well as marketing and promotion of our services to you. Some of the service providers that we use to provide the services described in this Form are located outside of Australia, and your personal information may be stored by (and, in limited circumstances, accessible to) some of these service providers. Our privacy policy is available at https://www.kingswim.com.au/privacy and states how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint. We can be contacted at: info@kingswim.com.au

8. Notice

8.1 Any notifications to us relating to these Terms & Conditions or your direct debit request must be sent by email to info@kingswim.com.au

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.