Terms and Conditions

Welcome to SwimAway Pty Ltd ABN 12 149 436 304 (“we”, “us”, or “our”). Please read these Terms and Conditions (Terms) carefully before making a purchase or using our services. By using our website and services you agree to comply with and be bound by the following Terms.

1. Acceptance of Terms

By accessing or using our website, you agree to these Terms, as well as our Privacy Policy. These Terms apply to all users of the website, including visitors, customers, and any others who access or use our services.

2. Eligibility

By using our website, you confirm that you are at least 18 years old or have the consent of a parent or guardian, and that you are legally capable of entering into a binding contract. You are also confirming that you are not a person barred from receiving the services under Australian law or other countries including the country in which you are resident or from which you use the Services.

3. Account Creation

To make a purchase or access certain features on our website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account details, including your username and password. We are not liable for any unauthorised access to your account due to your failure to secure these details.

4. Change and Discontinuation of Services

All descriptions, images, and pricing of services are subject to change without notice. We reserve the right to discontinue any service at any time. 

5. Initial Enrolment and Pro-rata Charge
   1. Initial enrolment
      1. Enrolments are held for 48 hours from the time of booking. If the initial payment is not received within this period, the enrolment will be cancelled.
   2. Class selection
      1. Class selection is based on the enrolee’s age and ability.
      2. If an enrolment is made in the incorrect class level, SwimAway staff reserve the right to adjust the enrolment to the appropriate level.
   3. Pro-rata charges
      1. A pro-rata charge will be applied to your account upon initial enrolment to cover the initial weeks of lessons.
      2. Pro-rata fees will reflect the start date of your enrolment in accordance with the payment structure.
   4. Enrolment fee
      1. A one-off enrolment fee per family will be applied upon the family’s first enrolment at SwimAway.
      2. Families paying pro-rata fess at the time of booking will have the enrolment fee waived.

6. Payment and Fees
   1. Fees
      1. Class fees are outlined in the ‘Welcome to Lessons’ email.
      2. All prices are in Australian Dollars (AUD) and inclusive of any applicable GST.
      3. We reserve the right to change prices at any time.
   2. Payment Schedule
      1. Class fees are processed fortnightly in advance (paying for weeks 3 and 4 in advance).
      2. A list of upcoming invoice payment dates can be requested via emailing accounts@swimaway.com.au
   3. Payment method
      1. All payments are processed via direct debit through Integra Pay (Pay Rix). This is a secure payment gateway, but we are not responsible for any errors or losses caused by third-party payment providers.
      2. Direct debit payment information must be entered through your online SwimAway account. 
      3. Accounts not updated with direct debit information must pay via bank transfer, or cash or card at reception. 
      4. Payments must be made on or before the due date if direct debit information is not updated.
   4. Rejected payments and late fees
      1. Unsuccessful direct debit payments will incur a $10 rejection fee.
      2. Invoices not paid on, or prior to, their due date will incur a $10 late fee.
      3. Late payment fees will be applied to the account on the Tuesday proceeding the invoice date. 
   5. Vouchers and Credits
      1. Vouchers can be redeemed at reception or sent to accounts@swimaway.com.au
      2. Active Kids and First Lap vouchers must be sent to accounts@swimaway.com.au to be applied to your account.
      3. All vouchers and credits need to be received no later than 12pm Friday before the next scheduled payment date.
   6. Discounts and Promotions
      1. First-time clients entitled to the promotion advertised at the time will have the promotional credit applied to their SwimAway Account within 48 hours of booking the enrolment.

7. Class Schedule and Attendance – Group and Squad Lessons
   1. Scheduled Classes
      1. Scheduled class enrolments will remain as the enrolee’s regular class unless changed by the responsible person or SwimAway Staff.
      2. Changes can be made via your online account, at reception, or by emailing reception@swimaway.com.au
      3. SwimAway reserves the right to remove an enrolee from an enrolled class if enrolment in that class/level is unsafe/unsuitable for the enrolee, others in the class, or the instructor running the lesson.
      4. SwimAway reserves the right to change, move or cancel lessons as a one-off or permanently if the lesson is unable to be provided.

2. Notice of Non-Attendance
   1. Notice must be given at least 2 hours before the class to receive a makeup lesson.
   2. Failure to provide notice will result in the loss of the lesson.
3. Makeup Lessons
   1. Makeup lessons are not credits but additional classes with a 6-month expiry.
   2. Makeup lessons not used before the last enrolment date will be forfeited.
   3. Makeup lesson can be booked via your online account, call or visit reception, or by emailing reception@swimaway.com.au
   4. Once a makeup lesson is booked it cannot be changed or cancelled. If unable to attend the makeup lesson, the lesson will be forfeited and not reinstated to the enrolee’s account.

8. Class Schedule and Attendance – Private and Additional Support Lessons
   1. Policy Information
      1. SwimAway prides itself on supporting all individuals requiring more assistance. Please see the reception team to be issued with an individualised policy relating to all private and additional support classes. 

9. Class Schedule and Attendance – Infant Play Classes
   1. Scheduled Lessons
      1. Infant Play lessons continue until the enrolee is 6 months old. SwimAway staff will contact the responsible person when the enrolee is 6 months old to discuss regular classes.
   2. Notice of Non-Attendance:
      1. Makeup lessons are not issued for missed Infant Play classes.

10. Cancellation and Termination Cancellation of classes
    1. Notification of cancelation
       1. Notification of cancellation must be received 3 days prior to payment. (By Friday 12pm for payments direct debited on the following Monday).
       2. Notification of cancellation are to be sent to accounts@swimaway.com.au
       3. Confirmation of cancellation, including details of last payment and classes, will be emailed on processing.
       4. Cancellation received less than 1 working days before the next payment will result in the payment being processed.
    2. Cancellation of prepaid classes
       1. No refunds will be issued for prepaid classes.
       2. Prepaid classes are non-transferrable between enrolees.
    3. Termination of enrolments
       1. SwimAway reserves the right to terminate any enrolment in the event of outstanding fees or threatening/unsafe behaviour.

11. Health and Safety
    1. Health Requirements
       1. Any health conditions relating to the enrolee that may affect their enrolment in lessons should be informed to office staff or added to their personal information through your online SwimAway account.
       2. If a child is diagnosed after their lesson with a contagious infection/illness that may have been in the incubation stage at the time of their lesson, their parent/carer must inform SwimAway either by phoning reception or emailing reception@swimaway.com.au as soon as they become aware.
    2. Pool Safety
       1. SwimAway reserves the right to close the centre if an incident in the pool could cause sickness to those in the water. SwimAway staff will notify any potentially affected enrolees as soon as possible by email and text.
       2. SwimAway reserves the right to close the centre if chemical levels are at a level that could potentially harm those in the water. SwimAway staff will notify all potentially affected parties as soon as possible by email and text.
       3. In the event of a pool closure, enrolees in classes affected will be issued a makeup lesson on their account. This will be booked as an additional lesson during their enrolment, with an expiration date of 6 months. If circumstances prevent the makeup from being used within that time, it will be reissued to ensure flexibility for our families.
    3. Safety Rules
       1. Parents and carers must maintain pool safety and follow safety signs.
       2. Those disregarding safety rules will be asked to leave and forfeit their lesson.
       3. Safety rules also apply to the car park. Please follow NSW Road safety rules when walking/driving within the car park.

12. Conduct and Behaviour
    1. Respectful Conduct
       1. Discriminatory language, harassment, offensive jokes, threats, or aggressive behaviour will not be tolerated and will result in forfeiture of the lesson.
       2. Clients are NOT to address another client’s child regarding an issue; instead, they should address the matter with reception/management, and appropriate action will be taken.
       3. Respecting the privacy and confidentiality of others is crucial. Clients must not share sensitive information or speak about other clients or staff without explicit permission.
       4. Images of clients are not to be shared without prior consent from their parents or guardians.
       5. Use, possession, or distribution of illegal substances is prohibited. Clients under the influence will be asked to leave.

13. Communication
    1. SwimAway will promptly communicate any changes or cancellations of lessons via email, text, or phone call. We will send notice as soon as we become aware of any issues.
    2. Communication of concerns in relation to any matter can be addressed in writing to reception@swimaway.com.au. All matters will be directed to the best person to deal with the concern. We will respond in a timely matter.  
    3. Clients may also communicate with SwimAway by personally speaking to reception.

14. Privacy and Confidentiality
    1. All information provided to SwimAway will be kept private and confidential. We do not sell or trade your personal information to third parties. We may disclose your information to:
       1. Service Providers: Third-party vendors who assist us in operating our website, processing payments, shipping orders, and providing services (e.g., payment gateways, shipping companies).
       2. Legal Authorities: Where required by law, regulation, or court order.
       3. Business Transfers: If our business undergoes a merger, acquisition, or sale.
       4. Please see our Privacy Policy for further information.
    2. All payment information inputted into your online account will be provided to Integra Pay (trading as Pay Rix) in accordance with their terms of service. 

15. Order Processing

Once you place an order, you will receive an email confirmation. We reserve the right to refuse or cancel any order for reasons such as service availability, errors in the price or service description, or fraudulent activity.

16. Limitation of Liability

To the fullest extent permitted by law, SwimAway and its affiliates, directors, employees, and agents will not be liable for any direct, indirect, incidental, or consequential damages resulting from your use of our services.

This includes but is not limited to loss of data, profits, or business, whether based in contract, tort, or otherwise.

17. Indemnification

You agree that by continuing with the enrolment of the enrolee, you agree to the above terms of service and release SwimAway, its employees, and agents from any liability or responsibility for accidents, injuries, or illnesses occurring during swim lessons or on the swim school premises.

18. Governing Law

These Terms and your use of our services are governed by the laws of the State of NSW, Australia, and you submit to the exclusive jurisdiction of the courts of that State.

19. Changes to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on the website. Your continued use of our services following any changes constitutes acceptance of the updated Terms.

20. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

SwimAway
accounts@swimaway.com.au
(02) 4647 4788

8-10 Ironbark Ave
Camden, NSW, 2567, 

18 Porrende St,
Narellan, NSW 2567