Welcome to Craigie Leisure Centre. As a valued customer, we aim to offer you the highest quality and standards in service, safety and facilities while you are with us.
The following terms and conditions are applicable to the Swimming WA Squad Program Facility Access Agreement at the Craigie Leisure Centre. Your agreement is referred to as a ‘Facility Access Agreement’.
Definitions
In this document the following definitions are used:
You, your means the customer of the City of Joondalup, or if a child, their parent or guardian or responsible person.
We, us, our means the City of Joondalup.
Direct Debit Request means the written, verbal, or online request between us and you to debit funds from your account.
Facility Access Agreement means your agreement with us for a ‘Facility Access Agreement’ at our Craigie Leisure Centre comprising of this document, the Craigie Leisure Centre Conditions of Entry and the other terms and conditions located on the Website from time to time.
Website means www.joondalup-leisure.com.au or any replacement website.
Swimming WA Squad Program means the squad swimming program delivered by Swimming WA referred to as Swimming WA Squad Program (‘SWASP’).
SWASP Training Session(s) means the scheduled squad swimming training session(s) provided by SWASP.
1. General
1.1 Your Facility Access Agreement is valid from the commencement date set out in your Facility Access Agreement confirmation email from us (or if no date is set out, the date we accept your application for enrolment).
1.2 This agreement is only available to customers who are enrolled in the Swimming WA Squad Program conducted by Swimming WA (SWASP) and who can show evidence of their enrolment with SWASP upon request.
1.3 You, and children in your care, must adhere to the Leisure Centre conditions of entry, displayed at the entrance and throughout the facility.
1.4 Your Facility Access Agreement provides you access to the Leisure Centre only during your SWASP training sessions.
1.5 Your Facility Access Agreement includes access for one parent or guardian to spectate the SWASP training sessions but does not include access for the parent or guardian to access the facilities.
1.6 Your Facility Access Agreement does not include access to the Spa Lounge.
1.7 No concession or student discounts are applicable to this agreement.
1.8 We will communicate with you via email, SMS and if subscribed, our monthly e-newsletter.
2. Ongoing Agreement
2.1 Our Facility Access Agreement is an ongoing Agreement and will continue until either you or we terminate it as set out in section 4 of this document. If an automatic debit arrangement is in place, agreement fees will continue to be debited from your credit card or account until you or we cancel the arrangement by notifying your bank or credit provider. If you terminate the arrangement or stop the automatic debit arrangement in a manner not described in the Facility Access Agreement, then you may be liable to us for damages for breach of contract.
2.2 If you do not use the facility during any SWASP training sessions, you must still continue to meet the responsibilities under your Facility Access Agreement, including the payment of your agreement fees.
2.3 Any scheduled breaks in the SWASP will be pre-determined by Swimming WA. We will automatically make the necessary financial adjustments to your direct debit payment during these scheduled breaks and your Facility Access Agreement will automatically be frozen and you will not have access to the facility during this time.
3. Cooling Off Period
3.1 After entering into a Facility Access Agreement, you have a seven (7) day cooling off period if you change your mind, in which you can cancel your Facility Access Agreement. A refund of your pro-rata payment will be provided upon a written cancellation request provided to us (as set out below), less the cost of any facilities attended during this cooling off period.
3.2 To cancel during your cooling off period, you must complete the online request form on the Website. Refunds will be paid within seven days after the day on which the termination takes effect.
3.3 Any cancellations outside the seven (7) day cooling off period are to be completed as set out in section 4 of this document.
4. Cancelling your Facility Agreement
4.1 You must provide seven (7) days’ notice if you wish to cancel your agreement. To cancel your agreement, please complete the online request form available on the Website.
4.2 Any fees due within your seven (7) day notice period will be charged as normal and any outstanding fees must be paid at the time of cancellation. Cancellations will be processed from the date of receipt of your request, or from the date you request on the online form, whichever is later. Cancellations will not be processed retrospectively.
4.3 It is your responsibility to notify us that you wish to cancel your agreement. SWASP will not contact us on your behalf.
5. Changing your Facility Access Agreement
5.1 SWASP will notify us if your Facility Access Agreement needs to be changed to reflect new SWASP Training Session times. Direct debit fees will be adjusted accordingly.
6. Account Credits
6.1 If, due to circumstances outside of our control the facilities are unavailable for a SWASP Training Session to take place, and is not rescheduled, we will issue a credit to your account.
6.2 All account credits will expire after 12 months from the date of issue.
6.3 Account credits are non-refundable after expiry.
7. Outstanding Fees
7.1 We will suspend your agreement as soon as the bank has informed us that a payment has defaulted. We will notify you by SMS and/or email when a payment has defaulted.
7.2 You will be charged a failed payment fee of $15.00 for each time a payment defaults. This is in addition to your outstanding fees.
7.3 If you fail to contact us to bring your account up to date within seven (7) days of receiving notification, we have the right to take action to recover your outstanding fees.
7.4 If your fees remain unpaid for longer than fourteen (14) days, we have the right to cancel your agreement with your outstanding fees and the remaining balance owed.
8. Price Increases and Changes to Agreement
8.1 You will be given a minimum notice of 14 days of any changes to the price or structure.
8.2 All efforts will be made to notify you in writing dependent on current database contact details, as well as email, the Website and facility signage.
8.3 If you do not agree with a material change to the price or structure of the relevant membership, you may terminate your membership as outlined in section 4.0 without incurring a cancellation fee.
8.4 You have 14 days from the notification of the fee change to submit a request to cancel, otherwise you will be considered to have accepted the updated prices.
9. Changes to Rules, Terms and Conditions
9.1 We reserve the right to change, modify or update rules and/or terms and conditions relating to your agreement or use of the Leisure Centre.
9.2 You will be given a minimum notice of 14 days of any changes to the rules and/or terms and conditions.
9.3 All efforts will be made to notify you in writing dependent on current database contact details, as well as email, the Website and facility signage.
9.4 If you do not agree to a material change, modification or update to the rules and/or terms and conditions relating to your membership or use of the facilities, you may terminate your membership by following the cancellation procedure outlined in section 4.0 without incurring a cancellation fee.
9.5 You have 14 days from the notification of the fee change to submit a request to cancel, otherwise you will be considered to have accepted the updated terms and conditions.
10. Access Card
10.1 You will be issued with a standard access card, which can be collected from the Leisure Centre. If you lose or damage your card, you will be charged a replacement fee for each replacement access card.
10.2 You cannot lend your card to allow anyone else to use it. If you are found to be lending your card to others a fine will be applied to your account. Section 11 may also apply.
10.3 You must present your card at the Craigie Leisure Centre to gain entry each time you visit.
11. Termination of Facility Acess Agreement By Us
11.1 We may terminate your Facility Access Agreement in the following circumstances:
- If you commit a serious or repeated breach of your Facility Access Agreement or Conditions of Entry;
- If any part of your agreement fee remains unpaid 14 days after its due date for payment as set out in section 8
- If you provide us with details which you know to be false when applying for your membership and the false declaration would have reasonably affected our decision to grant you a Facility Access Agreement.
12. Privacy
12.1 Your personal information will only be used in accordance with our general business objectives and to provide you with our services, including to facilitate direct debit payments as set out the Direct Debit Request below..
13. Direct Debit Request Terms and Conditions
13.1 By signing this Facility Access Agreement and by providing us with a valid instruction, you have authorised us to arrange, through our own financial institution, for funds to be debited from your nominated account.
13.2 We will only arrange for funds to be debited from your nominated account as authorised in your Facility Access Agreement application, or if we have sent to the address nominated by you in your agreement, a billing advice which specifies the amount payable by you to us and when it is due. We will deduct the relevant amount from your nominated account on every second Wednesday.
13.3 If the direct 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. If you are unsure about which day your account has or will be debited you should ask your financial institution.
13.4 We may vary any details of this agreement or the Direct Debit Request at any time by giving you at least fourteen (14) days written notice sent to the preferred email/address you have given us in the Direct Debit request.
13.5 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a direct debit payment to be made in accordance with the direct debit request. If there are insufficient clear funds in your account to meet a debit payment:
(a) You may be charged a fee and/or interest from your financial institution;
(b) You may also incur fees or charges imposed or incurred by us; and
(c) You must arrange for the debit payment to be made by another method.
13.6 You should check your account statement to verify that the amounts debited from your account are correct.
13.7 If you believe that there has been an error in debiting your account, you should notify us directly in writing as soon as possible so that we can resolve your query. Alternatively you can speak directly with your financial institution.
(a) 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.
(b) 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.
You should also check:
(c) With your financial institution whether direct debiting is available from your account, as direct debiting is not available on all accounts offered by financial institutions.
(d) Your account details which you have provided to us are correct by checking them against a recent account statement; and with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
13.8 You can cancel your Direct Debit Request at any time by giving at least seven (7) days’ notice and in accordance with section 4.
13.9 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
13.10 We will only disclose information that we have about you to the extent specifically required by law or for a purpose related to your Facility Access Agreement (including disclosing information in connection with any query or claim).
13.11 If you wish to notify us about anything relating to your Facility Access Agreement, including to submit a complaint, you should do so in writing. We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request, via email, SMS or any other address or contact details you provide. Any notice will be deemed to have been received on the third banking day after posting, or on the day it is sent, if via email.
