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Last updated: 13 Mar 2020
Last updated: 10 March 2020
All Kelly Sports clinics may be referred to in the following Terms and Conditions;
1. PAYMENT REGISTRATION:
1.1 Kelly Sports Clinics: Enrolling in a Kelly Sports Clinics secures a booking for the whole term. Irrespective of attendance, payment is on a per term basis and is expected by the date due on the invoice. Parents/ guardians and students are responsible for lesson attendance.
1.2 Kelly Sports Programmes: Enrolling in a Kelly Sports Programme secures a booking for the days/times selected at the time of booking. Irrespective of attendance, unless prior notice that a student will be absent is given (min 24 hours), payment is still required and is expected by the date due on the invoice. Parents/ guardians and students are responsible for lesson attendance.
1.3 Programmes Length: All Kelly Sports Programmes may vary in duration depending on location and programme type.
1.4 Late payment: Late payment constitutes default under this agreement and Kelly Sports may withdraw students from programmes at their discretion.
INSERT LATE PICK UPS: 1.5. Late pick-up fees will be charged at the discretion of the Programme Manager: Late pick-ups will incur a late pick-up fee of $15 per 15 minutes or part thereof.
1.6 Indemnity: The parent/guardian agrees to indemnify Kelly Sports Programmes against all costs, whether commissions, legal fees or otherwise, incurred by Kelly Sports Programmes or their duly Authorised agents relating to the recovery of any monies, goods or services that may be outstanding from time to time pursuant to the terms of this agreement.
1.7 Discontinued sessions. Kelly Sports Programmes reserve the right to discontinue any student for reasons including but not limited to inappropriate behaviour and non-payment of fees.
1.8 Note: Programme costs are reviewed annually, or as reasonably required, and at least one month’s notice, where possible, will be given of any change in price.
1.9 Programme Policies and Procedures. By booking your child into a Kelly Sports programme, you are agreeing to all terms and conditions set out in the Kelly Sports Programme Policies and Procedures Manual, which is available on request.
2.1 Kelly Sports Missed Sessions: No refund will be given where session is missed or for early withdrawal from sessions during the term.
2.2 Kelly Sports Cancelled Sessions: If a session has to be cancelled and a catch-up session is not available, that fee will be carried forward and credited to the next term.
2.3 Kelly Sports Missed Sessions: No refund will be given where a session is missed unless Kelly Sports has been contacted and advised of a student’s absence a minimum of 24 hours before the session commences.
3.1 Website. Student/Parent/Guardian will have access to the online content of the websites www.kellysports.com.au for the period of time they are enrolled into Kelly Sport programmes.
4. STUDENT HEALTH AND SAFETY
4.1 Medical information: In the interests of the child’s well-being, whilst in the care of Kelly Group programmes, the programme must be informed of any medical or other condition affecting the child. This information should be included in your ‘Child’s Details’ in your online account, and updated if conditions develop or change.
4.2 - Asthma and/or Anaphylactic Health Conditions. In the interests of the Students well being If you have stated that your child/children have Asthma and/or Anaphylactic health conditions then you agree that you must provide the Kelly Sports Franchisee/Manager in charge of the program with their Action Plan and Medication at the start of every Kelly Sports session. Failure to do so means the child/children cannot partake in the Kelly Sports session and Kelly Sports cannot be held accountable/liable for any incident that may occur without their Action Plan and medication.
4.3 Parents understand that Kelly Sports coaches do not carry spare Epipens and/or Asthma Emergency packs at all Kelly Sports programs.
4.4 Parents must inform Kelly Sports Franchisee if their child/children have Asthma or are Anaphylactic on enrolment into a Kelly Sports program. You are required to submit an action plan before your child can participate in any programme., You must provide an updated action plan annually or on any change. Not all Kelly Sports coaches are Anaphylactic and Asthma trained. Once informed about medical conditions, Kelly Sports can endeavour to ensure the correctly trained coach is in charge of the program.
4.5 Student care: Kelly Sports is not responsible for students outside of the agreed programme time or for a student making their way to and from a programme venue.
4.5 Kelly Sports is not responsible for children outside of the agreed programme time or for a child making their way to and from a programme venue. Where a child is attending any Kelly Sports programme, the ‘Drop Off/Pickup of Children’, ‘Children Not Arriving at the Programme When Expected’ and ‘Children Not Collected at the End of the Programme’ Policies & Procedures will apply.
4.6 Health and Safety Emergencies: In an emergency situation where your child/ren needs medical attention, staff will ensure that every effort possible is made to get hold of the caregivers/emergency contacts. If contact is unsuccessful, you authorise any person (acting through the staff and employees of Kelly Sports Programmes) in the event of any accident or illness to your child, to take all such steps as may be necessary for the proper treatment and care of your child (advised by a duly qualified and registered medical practitioner that it is necessary) and to authorise a general anaesthetic.
4.7 In the event of an incident that requires us to call an ambulance Kelly Sports is not responsible for the costs. You agree to indemnify Kelly Sports against all costs of obtaining appropriate treatment for your child.
4.8 Kelly Sports is a Child Safe organisation, our Child Safe Policy is on the website.
5. PRIVACY AND COPYRIGHT:
5.1 Advertising: Kelly Sports programmes will occasionally video / photograph sessions and may use video footage or pictures for promotional or training purposes. You agree to your child’s image/s being used, unless written notification to the contrary is provided at enrolment. If any images are going to be used more widely you will be contacted and an agreement arranged.
5.3 Copyright. The Student/Parent/Guardian undertakes not to make photocopies of any Kelly Sports programme material.
and/or use our intellectual property rights and content unless authorised to do so by Kelly Sports Head Office in writing.
6.1 I consent to my child participating/attending activities arranged by Kelly Sports Programmes as well as travel by private vehicle or public transport to advertised programme outings.
7. ONLINE STORE:
7.1 Delivery information: Where applicable all deliveries will be couriered and expected delivery is within 5 business days within Australia. We don’t ship internationally.
7.2 PCI Statement: Kelly Group uses SSL, does not store credit card details, and all payments are handled by a secure, PCI compliant, third party.
7.3 Currency: All transactions are processed in Australian dollars
7.4 Physical Address: 152 Melville Road, Brunswick West, Victoria, 3055
1.Information we collect and how we use it
• We do not need any personal information if you simply browse the Site, we’ll just check out some pretty basic information, including the computer IP, browser and country. This really helps us improve your experience and our services to you.
• We may also contact you to seek your comments about our services and notify you about important changes made to the Site or our services.
2.Storage, access and correction
• As required by the Privacy Act 1988, we follow strict procedures when storing and using the information you provide. We are dedicated to keeping personal information secure.
• You have rights of access to, and correction of, personal information that we hold about you. You may correct or change the information collected at any time and as often as necessary. To do so, simply log in and update your online account, or alternatively get in touch using the “Contact Us” option on the Site.
• You can also make choices about whether you receive promotional communications from us by following the ‘unsubscribe’ instructions included in our communications.
3.Use of your information
• We may use your personal information:
a) To share with our employees, and the employees of the service you use, to help administer your account and to communicate with you as required for the use of the services.
b) To monitor your use of our service, for the purpose of improving all aspects of our services, and ensuring that our service is not abused nor used wrongfully.
c) To provide you with news, updates and promotional material that we believe may be useful or of interest to you.
d) To comply with any statutory or regulatory obligations or applicable rules or guidelines requiring disclosure or use of the information. This includes, but is not limited to, the following government organisations: the Department of Education and Training, and state based Worksafe departments.
e) To assist any law enforcement or governmental agency in the performance of their proper functions, if we reasonably consider disclosure or use of the information to be necessary for that purpose.
f) In consultation with the school or pre school the programme or session booking is connected to, if we consider it necessary to assist the health and safety or wellbeing of an individual or others.
g) For any legitimate purpose in connection with our business.
h) To compile statistical and analytical reports for marketing purposes on the use of our service by all of our customers and end users, provided that such reports do not identify individual customers and end users.
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