All membership conditions have been established to ensure maximum enjoyment and usage of the Centre by all aquatic and fitness club members. On acceptance by the Centre of this agreement you will be referred to as the ‘member’ and have the usage rights and obligation as detailed below.
1. Legally Binding Agreement
I understand that this agreement is legally binding whether my use of the facility and its service is determined and paid on a yearly, monthly, fortnightly or individual basis. I acknowledge that increases in periodic payments may occur however members will be a given a minimum of 30 days written notice. I understand that my membership agreement is with Belgravia Leisure. Belgravia Leisure or its management provider may change direct-debit providers upon providing me with 30 days’ notice.
2. Membership Access
Membership commences on the date stated on the membership agreement. A member must present their membership card for admittance to the Centre. Admittance may be refused if a member fails to provide their card on request of Centre staff. An administration fee will be charged to replace lost/damaged or stolen cards. Membership is personal to the ‘member’ and the membership card cannot be assigned or transferred to another person unless authorised by the Centre. 360 Members need to register at reception when visiting a site within their membership, outside of their home site for the first time. For consequent visits to a facility the customer has already registered at, they may swipe through as usual. Members will be required to swipe their membership cards to gain entry to the gym and group fitness areas, where access points have been allocated. All members are required to have their photo taken for membership identification purposes.
3. Refunds
Membership fees are not refundable and non-transferable.
4. Membership Cancellation
The Centre reserves the right to cancel this membership agreement and request return of membership cards at its discretion. The member may cancel their membership giving the Centre a minimum of 14 days notice in line with the members regular payment cycle after the completion of the contract minimum term. The member will be requested to fill out a membership amendment form in Centre for purposes of financial administration and ongoing customer service. The member also holds a 7 day ‘cooling off period’ as of the date of signing this agreement. Admin fees and fees for services provided will be deducted prior to issuing refund in relation to ‘cooling off period’. Cancellations will not be processed while the membership is suspended or if the account is in arrears.
5. Membership Suspension
A member may suspend their membership up to 6 weeks per year. All suspensions must be a minimum of 7 days and cannot be back-dated at any time. Members will be required to fill out a Membership Amendment form in Centre to confirm dates, ensure all membership payments are up to date with a minimum of 14 days notice. The member payments will be reactivated after their suspension period has been completed. Suspensions will not be processed if the account is in arrears.
6. Direct Debit
Our facility uses third-party Debit Success to manage the Direct Debit payment system. All debits are processed every 2nd Friday from the account/credit card that you nominate upon setting up your membership. Please check all Direct Debit documentation for further information. We do not accept American Express, Diners or Non-Australian accounts.
7. General Rules
8. Unavailability of facility or services
9. General Gym Rules
10. Exclusions
The rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. The management reserves the right to remove patrons who disobey the Conditions of Entry, refuse to follow the direction of staff or who display inappropriate or anti-social behaviour. In the case of serious offences or criminal activity, police will be notified and management reserves the right to refuse entry in the future.
11. Release
Customers enter the facility at their own risk and accept that management; its employees, contractors, agents, Belgravia Leisure and the City of Sydney will not be liable for any injuries that may be sustained whilst at the facility. Customers consent to receiving any medical treatment that staff consider necessary.
12. Child Protection
Our facility will uphold practices that promote the safety, welfare and wellbeing of children and young people. All members and guests must behave accordingly.
13. Family Membership
All members must be living at the same residential address and provide appropriate documentation as proof as of such.
Membership for children in Learn to Swim is subject to availability and is limited to one lesson per week. Additional costs apply for further lessons.
Members who are enrolled in Learn to Swim as part of a Family Membership are obliged to adhere to the Learn to Swim Terms and Condition and as such cancellations may only be processed at the end of a block when a minimum 14 days notice has been provided.
Family Membership only includes children's Learn to Swim and does not include enrolment into Squads or Adults Learn to Swim.
All family membership fees must be paid via direct debit from one account.
If a suspension is requested it applies to the entire membership (two adult fitness memberships and two learn to swim kids enrolments) and we must receive 2 weeks written notice in-centre.
Family programs are subject to availability and some programs will require a booking.
1. Direct Debit
Our centres use a third-party provider to facilitate the Direct Debit payment system. This system is managed by Debit Success to debit payments each fortnight from your nominated bank account or credit card. As a requirement of commencing this membership agreement, Debit Success terms and conditions must also be consented to.
2. Cancellation
Cancellation of a Learn to Swim Direct Debit Agreement may only occur after 6 successful fortnightly payments. Any cancellation requires a 14-day notice period. Cancellation outside these terms will only be considered as a result of relocation or serious illness or injury.
3. Cooling Off Period
A 7-day Cooling Off Period is available for all new Learn to Swim Memberships, granting full cancellation waiving any costs or obligations. This provision will not be relevant for any cancellations received after 7 days from joining.
4. Suspensions
All members are eligible to apply for suspension of their account. A notice period of 14-days is required for any suspension request.
Minimum suspension: 1 week per year
Maximum suspension: 6 weeks per year
Learn to Swim suspensions are restricted to a maximum of 3 weeks at any one time, unless subject to approval. Management reserves the right to cancel or reallocate class space for extended suspensions without approval.
5. Missed Lessons
No refund or make up lessons are available for missed lessons. In the event of extended illness, injury or ailment arising, please contact centre management.
Please respect our precautionary health rules available in the full terms and conditions and avoid bringing your child to lessons if they present with contagious illness.
6. General Rules & Pool Surrounds
Parents and Guardians agree to supervise their children appropriately per the Keep Watch Policy. Please respect the General Rules and Conditions of Entry when visiting the pool displayed in centre.
Centre Management reserve the right to remove patrons not in compliance with any of these rules.
All membership conditions have been established to ensure maximum enjoyment and usage of the Centre by all aquatic and fitness club members. On acceptance by the Centre of this agreement you will be referred to as a ‘member’ and have the usage rights and obligations as detailed below.
1.Legally Binding Agreement
I understand that this agreement is legally binding whether my use of the facility and its service is determined and paid on a yearly, monthly, fortnightly or individual basis. I acknowledge that increases in periodic payments may occur however members will be a given a minimum of 30 days written notice.
I understand that my membership agreement is with Belgravia Leisure. Belgravia Leisure or its management provider may change direct-debit providers upon providing me with 30 days notice.
2.Membership Cancellation
The Centre reserves the right to cancel this membership agreement and request return of membership card at its discretion.
Cancellations of a Learn to Swim direct debit agreement can only occur after 6 successful fortnightly debits.
Members who are enrolled in Learn to Swim as part of a Family Membership are obliged to adhere to the Learn to Swim Terms and Conditions and as such cancellations can only occur after 6 successful fortnightly debits. minimum of 14 days notice has been provided.
Upfront membership fees are not refundable.
Members may only cancel membership prior to completing 6 debits in the following circumstances:
Cancellations will not be processed while the membership is suspended or if the account is in arrears.
3.Membership Suspension
Suspension privileges are available depending on your type of membership. All eligible members must apply in writing for suspension by completing a membership amendment form in Centre. Suspensions cannot be back-dated at any time.
A member cannot submit a suspension request and cancellation at the same time. Learn to Swim members are entitled to suspend their enrolment for a minimum of a 1 week and a maximum of 6 weeks per year with 14 days notice. This is in addition to the 4 week program closure during December/ January period.
Suspensions will not be processed if the account is in arrears.
4.Unavailability of Facility or Services
The centre reserves the right to amend change or cancel lessons at any time with no notice. The centre reserves the right to change instructors at any time with no notice. I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
5.Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time any of the particular facilities or services provided by the Centre. Please refer to current operational information displayed within the Centre.
6.Missed Lessons
No refund is given for missed lessons and make up lessons are not provided. In the event of long term illness or injury, suspension of direct debit payment may occur upon presentation of a medical certificate or at the Centre Manager’s discretion, any suspension or cancellation will not be granted retrospectively.
Please respect our precautionary health rules and refrain from lessons if your child or you (including aqua baby program) are suffering from the following:
7.Pool Surrounds
For hygiene reasons, all patrons are asked to shower before using the pool.
Parents and Guardians must ensure that children 5 years and under are within arms reach of an adult at all times.
Children under the age of 10 years must be supervised by an adult at all times and will not be admitted to the Centre without an accompanying adult.
Parents and guardians must abide by the swim school hand over policy. Any negligence in this will result in a written warning.
Appropriate swimwear must be worn at all times. This includes the ‘Happy Nappy’ for babies in our Learn to Swim classes.
Ball games, rough or dangerous play (pushing, back flips, bombing, etc) are prohibited.
Glass or other dangerous items are not permitted in the pool or around the pool grounds.
Eating or drinking in the pool is prohibited.
Diving is only permitted in a depth greater than 1.8m. Please check signage to ensure depth is adequate.
8.Exclusions
The rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. The Management reserves the right to remove patrons who disobey the Conditions of Entry, refuse to follow the direction of staff or who display inappropriate or anti-social behaviour.
In the case of serious offences or criminal activity, police will be notified and management reserves the right to refuse entry in the future.
9.Direct Debit
Our facility uses DebitSuccess to manage the Direct Debit payment system. All debits are processed every fortnight from the account/credit card that you nominate upon setting up your membership. Please check all Direct Debit documentation for further information. We do not accept American Express, Diners or Non-Australian accounts.
10.General Rules
It is the responsibility of the participant to advise staff or any serious or pre- existing injuries or medical conditions before exercising.
Smoking and/or the consumption of alcohol is not permitted in this facility.
Where lockers are provided, all care and no responsibility is taken for items contained within the lockers.
Bikes are not permitted within the facility. Bike racks are available at the front entrance. You will require your own lock.
Pets or animals are not permitted in the Centre with the exception of guide/ companion dogs.
The use of cameras and mobile phones are not permitted in change rooms. Any use of photography, audio or video equipment must be authorised by management.
11.Family Membership
All members must be living at the same residential address and provide appropriate documentation as proof of such.
Membership for children in Learn to Swim is subject to availability and is limited to one lesson per week. Additional costs apply for further lessons.
Members who are enrolled in Learn to Swim as part of a Family Membership are obliged to adhere to the Learn to Swim Terms and Conditions and as such cancellations may only be processed at the end of a block when a minimum of 14 days notice has been provided.
Family Membership only includes children’s Learn to Swim and does not include Squads or Adults Learn to Swim.
All family membership fees must be paid via direct debit from one account.
If a suspension is requested it applies to entire membership and we must receive 2 weeks written notice in Centre.
Family programs are subject to availability and some programs will require a booking.
12.Release
Patrons enter the facility at their own risk and accept that management; its employees, contractors, agents, Belgravia Leisure and the City of Sydney will not be liable for any injuries that may be sustained whilst at the facility. Patrons consent to receiving any medical treatment that staff consider necessary.
13.Child Protection
Our facility will uphold practices that promote the safety, welfare and wellbeing of children and young people. All members and guests must behave accordingly.
Ongoing payment Terms
Payment
When paying via direct debit the responsible member must complete 6 successful debits before they are allowed to request cancellation from swim school, all cancellations must be submitted as per the Direct Debit Terms and Conditions. If debits are unsuccessful on an ongoing basis the student will be removed from their lessons. Members who choose to pay upfront will be committed for a 12 week period, or the remainder of the block in which they are attending. Full payment for each block to be attended is required on commencement of this membership type and re-enrolment into each block is required before commencement.
1. Introduction
This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract. All communication relating to this Contract are to be sent directly to Debitsuccess. All queries regarding the provision of the Services should be directed to the Facility.
2. Definitions
In this Contract, the words and phrases referred to below are defined as follows:
3. Term
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Facility. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by Debitsuccess and/or the Facility to the last address of the Customer that Debitsuccess has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
6. Payments
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract. The Customer may alter the payment frequency and/or day to debit by requesting a change with Debitsuccess. However, any changes shall not affect the total amount of money the Customer would otherwise be required to pay. Should there be any payments in arrears, the Customer authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to Debitsuccess by the Customer on signing this Contract. The Customer authorises Debitsuccess to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as Debitsuccess may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated on the front of this Contract is payable by the Customer to Debitsuccess for each reversal of a payment initiated by Debitsuccess in accordance with this Contract. The Customer authorises Debitsuccess to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
9. Privacy
The Customer acknowledges that:
10. Liability
The Customer agrees that, to the extent permitted by law, neither the Facility, Debitsuccess or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
11. Debt Collection Action
The Customer:
12. Contracts Privity
The Customer acknowledges that Debitsuccess has been contracted by the Facility to collect the instalments due under this Contract and the Customer acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess as if it were the Facility, without any involvement on the part of the Facility or the consent of the Customer.
13. Entire Agreement
This Contract and the Facility Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Facility and Debitsuccess relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Facility Membership Agreement that specifically relate to the rights and obligations of the Facility (other than any right to unilaterally vary fees payable), the terms of the Facility Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
TERMS AND CONDITIONS OF THE DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
1. INITIAL TERMS
Debitsuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess DDR Contract, authorised and accepted by you.
2. CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable the new amount, new frequency and next debit date.
3. DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact Debitsuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of Debitsuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit, contact Debitsuccess and we, at our discretion, may be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting Debitsuccess on 1-800 148 848). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5. SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Facility Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend payments you should contact Debitsuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the contract is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of Debitsuccess or your bank. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
7. DISPUTES
If you dispute any debit payment, you must notify Debitsuccess immediately. Debitsuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. NON WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. DISHONOURED PAYMENTS
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, Debitsuccess will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Debitsuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
10. ENQUIRIES
All enquiries should be directed to Debitsuccess and should be made at least 1 working day prior to the next scheduled debit date.
11. YOUR OTHER RESPONSIBILITIES
In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Debitsuccess with a new account number.
DEBITSUCCESS’ PRODUCT DISCLOSURE STATEMENT
ABOUT DEBIT SUCCESS
This Short-Form Product Disclosure Statement (Short-Form PDS) is prepared by Debitsuccess Pty Ltd ABN 32 095 551 581 (Debitsuccess, We, Us). We are a wholly owned subsidiary of TSG Holdings (AUST) No.2 Pty Ltd ABN 89 608 821 281 and a related company of Transaction Services Holdings Limited ARBN 125 664 860 (‘TSHL’).
HOW TO CONTACT DEBIT SUCCESS
You can contact Us by telephone (1800 148 848), by fax (1800 777 084), via our website (www.debitsuccess.com.au) or by writing to us at PO Box 577, Mt Waverley Victoria 3149.
PRODUCT ISSUER
Debitsuccess is the issuer of the Debitsuccess Direct Debit Payment Product (the Product) under an intermediary authorisation with THSL. THSL hold an Australian Financial Services Licence (No. 338256) and We are an authorised representative of THSL (AR 407894) authorised to provide financial product advice about and deal in the Product.
THE PRODUCT
The Product is a non-cash payment facility which allows you to enter into an arrangement with us for the payment of reoccurring amounts to a single merchant by direct debit from your nominated bank account or credit card ('Account'). We can only provide the facility to you if we have received a completed Direct Debit Request that you have agreed to.
UPDATED INFORMATION
Some information might change from time to time. We will issue a supplementary or replacement Short-Form PDS to you if there is a materially adverse change to or omission from the information. For other changes, you can obtain up to date information by contacting us. We will send you updated Information free of charge on request.
DISCLAIMER
All information in this Short-Form PDS is general only and does not take account of your individual objectives, financial situation or specific needs. You should consider how the information in this Short-Form PDS meets your needs before deciding to apply for the Product.
OTHER INFORMATION THAT FORMS PART OF THIS SHORT-FORM PDS
The following documents are incorporated into, and form part of, this Short-Form PDS:
1. The Terms and Conditions of the Debitsuccess Contract and/or your customer/service contract; and
2. The Terms and Conditions of the Debitsuccess Direct Debit Request (DDR) Service Agreement.
You should read these documents as they include important information about the terms and conditions that apply to our provision of the Product to you, including information about cancellation and termination rights, breach of contract, liability and privacy. They are printed on the back of our Direct Debit Request (DDR) which you will be given by the merchant you require your payment to be made to. The documents are also publically available to view or download from our website or you can ask us for a copy.
SUMMARY OF FEATURES AND BENEFITS OF THE PRODUCT
The Product allows you to make recurring payments from your Account to a single merchant - for example a club or organisation you have membership to. It has many benefits, the key ones are summarised below:
Certainty - you can align payments to your income stream by nominating the day payments are to be deducted from your Account and the frequency.
Flexibility - nominate payments to continue or stop on expiry of the minimum term.
Responsiveness - you can elect to pay more over a shorter term (paying off your liability earlier) or if your circumstances change you can arrange to make 'catch-up' payments in special circumstances.
Security of Data - we have in place security systems of a very high standard which comply with the Payment Card Industry Data Security Standards to ensure that your personal information is secure from unauthorised access.
SUMMARY OF RISKS OF USING THE PRODUCT
The Product is designed to provide you with a simple and easy to use payment solution. The Product is not 100% risk free and there are some risks associated with use of the Product. We cannot debit your account if you give us incorrect Account Detail or if you have insufficient clear funds in your Account and in the unlikely event that our systems or service providers are temporarily unavailable we may not be able to debit your Account on the nominated day.
DISPUTE RESOLUTION
If you are not satisfied with our services, please telephone our internal dispute resolution service on 1800 148 848 or write to us. We will acknowledge your complaint in writing within 7 days and endeavour to resolve it promptly. If you are not satisfied with our response, we are a member of the Financial Ombudsman Service, an external dispute resolution body who you can contact by telephone (1300 780 808), fax (03 9613 6399), in writing (GPO Box 3, Melbourne VIC 3001) or via their website ().
COSTS AND OTHER AMOUNTS PAYABLE