Victoria University Sport & Fitness direct debit request service agreement & membership – terms & conditions

Direct Debit Request Service Agreement 

By signing a Direct Debit Request, you have authorised Victoria University to arrange for funds to be debited from your account for centre membership. 

1. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.

2. Direct debit payments are made in advance for the coming month. The amount is charged or debited from your nominated account monthly unless it is a public holiday. In this case it will be taken on the next business day. Payments will be taken each month until you tell us in writing that you wish to cancel your enrolment with the Centre. Swim school direct debit will run on a 4 weekly schedule and debited on the Monday of that 4 week period. The amount to be debited appears on the Centre price list each year. The debit amount may be increased annually to reflect increases in costs to provide the service to you and will be available at Reception in December each year. Changes will be automatically adjusted starting at the first payment in February of that year.

3. Changes - We may vary any details of this enrolment at any time by giving you at least 30 day’s written notice. You may change the arrangements under this Direct Debit Request by contacting us in writing at least 5 business days before the next debit

4. Your obligations - It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.

5. If there are insufficient clear funds in your account to meet a debit payment you may be charged a fee and/or interest by your financial institution. Any costs incurred by Victoria University in the processing or recovering your overdue fees will be passed on to you. You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process 
the debit payment. Access to the facilities and services may be suspended until all outstanding fees are paid.

6. You should check your account statement each month to verify that the amount debited from your account is correct.

7. If we are liable to pay goods and services tax (GST) on a supply made in connection with this Agreement, then you agree to pay Victoria University on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.

8. Dispute - If you believe that there has been an error in debiting your account, you should notify us directly on (613) 99194460 and confirm with us in writing in accordance with clause 10 of this Agreement. If we conclude investigations that your account has been incorrectly debited, we will arrange for financial restitution (including interest and charges) accordingly. If we conclude 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.

9. Privacy - Any information you have provided us in your Direct Debit Request will be handled in accordance with University’s Privacy Policy at http://www.vu.edu.au/privacy (including disclosing information in connection with any query or claim about a direct debit transaction).

10. Notice - If you notify us in writing about anything relating to this Agreement, you should write to: Victoria 
University Sport Department, PO Box 1448 Melbourne City MC, VIC 8001

11. We will notify you by sending a notice in the ordinary post or via email to the address you have given us.

12. Any notice will be deemed to have been received on the third banking day after posting.
 

Terms and Conditions of Centre Enrolment

1. Membership term enrolments must be paid for in full at the time of joining. Part Payments will not be taken.

2. The fees are charged on direct debit enrolments for the month ahead. This must be paid for at the time of joining.

3. VU Staff Salary Packaged Memberships require a VU In House Benefits form to be completed in addition to this enrolment form. No upfront payment is required. Payments are deducted from your university wages during each pay period (fortnightly) from the date of joining.

4. Cancellation - Notification of cancellation must be provided in writing stating your full name, address, contact number and membership number. A cancellation form is available for your convenience at the Centre reception. Cancellations must be received at least 5 business days prior to the end of the fortnight, or the following months fees may be deducted. Enrolments in this case will cease at the end of the month that has been debited for.

5. Suspension – Gym memberships can be suspended at no cost for a minimum of 2 weeks and a maximum of 4 weeks per calendar year for fixed term memberships; and up to 16 weeks per year for Direct Debit or Salary Packaged memberships. Suspension requests must be in writing on the Suspension form or done through the client portal and must be made in advance unless a medical certificate is supplied. Suspension forms are available for your convenience at the Centre reception. There are no suspensions available for Swim School enrolments.

6. Refunds - Refunds on enrolments will only be provided in the case where you would be entitled to a refund under non-excludable warranties in consumer protection legislation that the services will be provided with due care and skill and be reasonably fit for their purpose, as detailed at clause

7. You are entitled, at your option, to a refund or the re-supply of the services for a breach, and to compensation for any other loss (part refunds may apply for short service interruptions) or the service is significantly different to those advertised or shown to you. Changing your mind or not partaking in the services does not relieve you of any liability for payment or entitle you to any refund.

8. Changes to Personal Details - Personal details must be kept up to date to ensure important information about services can be conveyed to members. Personal details can be altered at any time by producing photo identification to the Centre reception or logging into the client portal and updating them.

9. Membership Cards are issued to all new enrolments. This card must be brought to each session and scanned to gain entry. A fee will be charged to re-issue a membership card.

10. Conduct - A code of conduct is displayed in each area and must be adhered to by all members. Centre staff have the right to expel any person if their actions are considered prejudicial to the proper use of the Centre. Any misconduct may result in a cancellation of your membership with no refund.

11. Attire - Correct attire must be worn at all times, in accordance with the Code of Conduct.

12. Services and Changes – You are entitled use of the Centre for the service that your enrolment allows. Uses of other services provided by the Centre are at an additional cost.

13. The University may change services offered, opening hours or schedule one off events that limit public access throughout the year. Notification of any change to services offered will be displayed at reception and other prominent places within the Centre prior to the scheduled change/event. Public holiday closure days will be advertised at the reception desk when applicable. Closure dates are included in the enrolment price, and no refunds or credits are given for those days.

14. Privacy - Personal information will be handled in accordance with University’s Privacy Policy at http://www.vu.edu.au/privacy. Centre staff may contact you with information or specials from time to time.

15. Lockers and Valuables - There are casual lockers for use while engaging in an activity at the Centre. All belongings must be removed at the end of each day.

16. Swim Lesson Credits - Credits are only issued for students who have incurred either a major illness, hospitalisation or if the family relocates more than 20km from the Centre. Credits will not be granted due to any other reason. This includes absences due to going away on holidays, exams or clashes with other activities. All applications for credit must be received prior to the completion of the current term. Proof will be required prior to any credit being issued. Credits will only be considered for 3 or more consecutive absences from lessons. A credit, when granted, will be deducted from the amount owed on the next Direct Debit run/s.

17. Make Up Swim Lessons – A maximum of two make up lessons are available when a class has a vacancy if a student has missed a lesson with notification prior to the start of the scheduled lesson. The make-up must be taken in the term the lesson was missed. No credit will be carried forward into a following term and no refund will be given if there is no space available in a particular lesson to service the make-up lesson.

18. Supervision - Children under 5 years must be actively supervised and within arms reach of a parent/guardian at all times. If they are swimming before or after the lesson the parent/guardian is required in the water. Children under 12 years must be actively supervised by a parent or guardian (that is 16 years or older) and must position themselves to have a clear view of the child with no physical or structural barriers between them and the child. For children over 12 years parents must use their knowledge of the child's swimming ability to determine the level of accompaniment required. Parent /guardians are not required to be present in the centre for children 12 years or older.

19. Disclaimer – Sport and Health will not be responsible for any injury or loss suffered by a member while using the Centre unless required by law.

Warning under the Fair Trading Act 2012 

20. Under the provisions of the Fair Trading Act 2012 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. In the Fair Trading Act 2012, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 2012 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form. 

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2012