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MY SWIM TUTOR

SCHEDULE A

TERMS AND CONDITIONS

1.           DEFINITIONS

My Swim Tutor, We, Us, Our:

My Swim Tutor | ABN 67 554 217 769

You, Your, Member:

You, Your, Member refers to the name in which the Membership has been created, which at times may differ to the party paying for the Membership, and includes the parent or guardian of the Member if the Member is under 16 years

Agreement:

This is the Agreement between My Swim Tutor and you, comprising of the Schedule A Terms and Conditions, under which you will become a member of My Swim Tutor

Late Fee:

The fee payable towards our administrative costs arising as a result of any payment due by you being late or any auto-debit instruction being declined.

Pause Fee:

Pause fees are not avaiable.

Terms and Conditions:

The terms and conditions of this Agreement as contained in this Schedule A.

Website:

My Swim Tutor website at www.MySwimTutor.com or such other website and/or media channels as notified to Members from time to time

$:

Means Australian Dollars (or otherwise, as expressly reflected).

 

2.           MEMBERSHIP TERM

This Agreement commences from the date of online purchase, and continues until terminated in accordance with the terms and conditions of this Agreement.

You understand the Membership packages, costs and benefits as stipulated on the webpage upon purchase.

You agree and acknowledge the membership is auto-renewing.

3.           MEMBERSHIPS AND ENTITLEMENTS

Membership Deliverables 

Monthly Swimming Challenge

2 X Online Group Tutoring Sessions per Month

My Swim Tutor Private Community

Speed & Technique Resource Hub

As a member you also gain access to our additional paid services which include; video analysis, mentoring calls, programming and clinics.

  • You acknowledge that, due to circumstances beyond the control of the My Swim Tutor, it may become necessary or desirable to change the format of the membership and, if that occurs, you consent to the changes and you agree that each and every one of the terms and conditions will apply to that changed format.
  • You acknowledge that services do not run during public holidays and ordinary fees apply during this time.

Membership Renewal

  • Upon expiry of any fixed term membership, automatic renewal of another equivalent fixed term period will take effect if written notice is not provided within 14 days of the expiry date.
  • You authorise us to renew your membership and auto-debit your credit/ debit card on file if you do not provide any written notice.
  • If you give written notice within this 14 days, you can cancel without paying for an additional term period. 

Pausing Membership

  • You cannot pause your membership.

Cancellation & Refunds:

  • Cancellation will not be warranted for a change of mind. It requires a swimmer to fully engage in all aspects of the membership. 
  • If in 60-days upon signing, you haven't improved in your swimming, you can reach out to our team and request a refund.
  • Your engagement will be based on your participation status within your client profile across membership activities.
  • No changes will be allowed after this time. 

4.           FEES

  • The fees payable by you are in accordance with the rates stated on the webpage and outlined here:

Membership Options:

Annual Membership: $379.00 AUD

Quarterly Membership: $165.00 AUD

Additional Services:

Mentoring Calls: $240.00 AUD per 45 mins

Video Analysis: $240.00 AUD

Programming: $295.00 AUD 

Clinics: As Advertised

Pricing is subject to change at any time.

  • If you authorise auto-debit payments, you are nevertheless liable for payment of all payments under this Agreement if the auto-debit payment does not go through for any reason whatsoever.
  • A Late Fee will be charged for non-payment of any due amount under this Agreement, including any failed auto-debit instruction.

5.           AGE POLICY

  • Membership is permitted for any person below 18 years of age with the consent of the minor’s parent or legal guardian obtained upon signing up to the membership.
  • Membership for any person below 18 years of age will be under the minor’s parent or legal guardian.
  • Note:   Consent is taken to be provided if the respective apps are uploaded onto the child’s mobile device.
  • If you have any concerns, significant changes in circumstances, or wish to revoke consent, you must do so immediately in writing to the My Swim Tutor team and allow up to 5 business days for a response and action.

6. CLINIC CONDITIONS

Cancellation & Refunds:

If you can't attend the clinic:

  • You will receive a 50% refund if you cancel anywhere from 14-28 days out from the start of the clinic.
  • You are not entitled to a refund or credit if you cancel less than 14-days out from the start of the clinic.

No changes will be allowed after these times. 

7.  PAID & GROUP VIDEO ANALYSIS

All video analysis is subject to these terms and conditions, not excluding the overarching terms denoted in Schedule A.

Given technical changes take time (i.e., 10,000 repetitions), and it is important in the progression of a stroke not to overwhelm a swimmer which leads to a negative impact on their results.

In a paid or when directed for group video analysis, you may upload a maximum of 4 videos consisting of a single stroke each.

You cannot send a video which consists of different strokes (backstroke, breaststroke, freestyle, and butterfly).

Group Video Analysis  does not form part of the membership offering. While it may be incorporated from time to time during the live calls, it is entirely at the My Swim Tutor team's discretion. Additionally, the selection of videos for group video analysis is not guaranteed, and is at the sole discretion of the team. While you may upload your videos to the Group Video Analysis folder on the drive, there is no guarantee your videos will be selected at all.

 

PRIVACY POLICY, COLLECTION AND SHARING OF INFORMATION 

8.           PRIVACY POLICY, COLLECTION AND SHARING OF INFORMATION

  •  Imagery and Videos
  • (i) We collect details (videos, location, age etc.) for the purpose of providing you with the services stipulated in the membership. Our purpose is for swim-education and online tuition to improve you/ your child's swimming, to improve our membership and platform, and to communicate with you about our products and services.
  • (ii) This is an online group membership. Hence, when signing up, you accept that we may share any of you/ your child’s videos or images with the wider swimming community for the purposes of instructional and demonstrative videos.
  • (iii) By uploading videos in the Drive which you acknowledge is visible and accessible to all members, you consent to the recording of the videos and dissemination to the wider My Swim Tutor team, and wider community. This includes the sharing and uploading of a sample technical feedback video from a member of the community to be distributed internally for all members to revise and learn from.
  • (iv) By joining the respective online calls, you consent to the recording and livestream of all participants, including you, your children, their chatbox contributions, name, club, results etc. If you would not like your video shared, it is your responsibility to upon joining the call, to turn off your camera, and amend your name each call.
  • (v) Additionally, we reserve the right to utilise all imagery, video content, results, and messages for our own marketing purposes to promote the furtherance of the program.

Membership serves as an acknowledgement to use any images for the purposes of promotional material, media or other purposes without further permission being necessary. If Members do not want images to be used in any promotional material, the Member must provide timely, written notice as denoted in these Terms & Conditions.

  •  Card Information

We collect and store information from you when you sign up as a member on our platform. This information includes your name, email address, and other personal information, including card details. The purpose of doing so is to facilitate your membership, and any additional services you may choose to engage (e.g., additional one-on-one mentoring calls, video analysis, programming etc.), or charges you may incur (e.g., pause fee).

  •  Security

We take reasonable measures to protect your personal information from unauthorised access, disclosure, or alteration (e.g., SSL security, Stripe Checkout etc.). However, no data transmission over the internet can be guaranteed to be 100% secure. We take no liability for a breach of security.

  •  Cookies

We use cookies to enhance your experience on our platform. Cookies are small text files that are stored on your device.

  •  User Conduct

As a member, you agree to use our services for lawful purposes only. You agree not to use the platform to upload, post, or otherwise distribute any content that is illegal, obscene, defamatory, or otherwise objectionable. Additionally, you must not distribute any program or group content, including but not limited to images and videos of other swimmers and minors.

  •  Intellectual Property

Our platform and all content and materials on it are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, modify, or distribute any content or materials from our platform without our prior written consent.

9.           LEGAL RESPONSIBILITY

  • Your responsibilities, including payment of Membership fees, do not depend on how often you use your membership.
  • You must tell us about anything that affects your Membership, and any changes to your contact information and bank details.
  • You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

10.           DAMAGE & PERSONAL INJURY

  • You consent and note that the advice provided by the My Swim Tutor team and associated parties will be utilised in conjunction with your existing coaching program, coach and respective medical professionals. Additionally, you certify my good health and verify that my fitness if of a standard that I am able to complete the activities.
  • To the extent permitted by law, My Swim Tutor excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services provided by My Swim Tutor and/or any act or omission of My Swim Tutor.

11.        INDEMNIFICATION

You agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our platform or any content or materials you post or share on it.

12.        FORCE MAJEURE

  • Neither party will be liable for any delay or failure to perform its obligations other than payment of monetary sums owing to the My Swim Tutor under this Agreement if such failure or delay is due to Force Majeure.
  • ‘Force Majeure’ is defined as any event or circumstance that:
  • is outside the parties’ reasonable control;
  • cannot reasonably be prevented by a party taking reasonable precautions and cannot reasonably be avoided by that party without incurring significant costs; and
  • prevents, hinders, or delays its performance of any of its obligations required under or in connection with this Agreement,

includes but not limited to:

  • acts of God,
  • system outages or shortages, and
  • strike or other labour difficulty whether or not involving employees of the party concerned, sector wide industrial disputes involving key maintenance staff;

but excludes instances of injury or retirement from swimming.

  • Neither party will be liable for any delay or failure to perform its obligations owing to the other party if such failure or delay is due to Force Majeure.
  • A party must promptly notify the other party as soon as practicable of any anticipated delay due to Force Majeure and disclose the commencement date of the Force Majeure event, the likely duration and scope of impact on the performance of obligations being met under the contract.
  • The performance of a party’s obligations under the Agreement will be suspended for the period of delay due to Force Majeure, and extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
  • If a delay due to Force Majeure exceeds 1 month, you may terminate this Agreement by giving 14 days written notice to the My Swim Tutor team.

13.        OUTSIDE PROVIDERS

We may engage duly qualified staff, employees, contractors and/or agents (Outside Providers) to provide any of the services which are covered by your membership benefits.

14.        OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS

  • All entitlements and entry into any Membership may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
  • If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
  • We will attempt to contact you about retrying the debit.
  • If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply. If you fail to pay us the fees by the due date, we are entitled to suspend your membership benefits.
  • If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your debt may be forwarded to a collection agency for further action.

15.        TERMINATION

Termination by Member

  • You must provide 14-days written notice of the expiry date to terminate your membership. Please review the Auto-Renewal conditions outlined above.
  • If a member seeks to terminate their membership prior to expiry, no refund or compensation is payable.

Termination by My Swim Tutor:

  • We reserve the right to terminate this Agreement in any of the following circumstances:
  • You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by My Swim Tutor or you continue to breach this Agreement;
  • In our reasonably opinion, you have failed to abide by the terms; and/or
  • If we reasonably believe that you have engaged in conduct that infringes on the safety or wellbeing of any other members or staff.

16.        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.

17.        ELECTRONIC COMMUNICATION

The parties agree that all notices and other communication will be by way of electronic communication via email.  Our email address is as stated in our webpage or as updated/communicated to you by us from time to time.  We will send all emails to you at the email address stated by you during your registration process.  You will need to inform us if there is any change in your email.  Any change of your email will have to be acknowledged by us before it is considered as effected.

18.        TIME OF THE ESSENCE

Time is to be of the essence in this Agreement.

19.        ENTIRE AGREEMENT

This Agreement and its Schedules constitute the entire agreement, understanding and arrangement (express and implied) between the Member, My Swim Tutor relating to the subject matter of this Agreement and supersedes and cancels any previous agreement for memberships commencing from 15 August 2024, understanding and arrangement relating thereto whether written or oral.

20.        LAW AND JURISDICTION

This Agreement shall be subject to the laws of Queensland and to the non-exclusive jurisdiction of the Courts of Queensland.

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