CONDITIONS OF ENTRY

For the comfort, safety and enjoyment of all patrons, staff and participants, the following conditions of entry apply to all at Northcote Aquatic and Recreation Centre.

Patrons who fail to comply with any of these Conditions of Entry may result in refusal of entry to, or eviction from the premises without refund and any potential membership suspended or cancelled.

1. An acceptable standard of behaviour is always expected of patrons. General Behaviour that puts users and staff at risk is not permitted. Foul, abusive, or offensive language or anti-social behaviour is not permitted.
2. Patrons are not permitted to use the facilities of the venue if they are affected by any illicit drugs, alcohol or medications which may make it unsafe for them to use the facilities.
3. No child under 10 years of age is permitted to enter the premises except where the child is supervised by a responsible adult aged 16 years or older. If unaccompanied by an adult a child may be refused entry at the discretion of Centre staff. Children under the age of 5 must swim within arm’s reach of a responsible person aged 16 years or older.
4. The facility management promote a child safe environment. All patrons should adhere to the policy. If you would like more information, please contact the facility management team.
5. All facility participants must meet attire standards set by management in both gym and aquatic spaces. All culturally sensitive clothing is accepted.
6. The following items are Prohibited at Northcote Aquatic & Recreation Centre (NARC):
   1. Alcohol – Alcoholic beverages must not be taken into the venue.
   2. Smoking – This centre is a smoke-free venue – smoking (including the use of e-cigarettes) is not permitted within the venue or in the designated smoke-free areas outside.
   3. Objects considered to be a weapon.
   4. Dangerous or Toxic Substances.
   5. Illicit Drugs.
   6. Balloons, Confetti, or other decorative items without written consent from management.
7. There are risks that arise from the facility, your use of the facility, your participation in any program and your presence at the facility. You enter NARC at your own risk. Subject to any rights you may have under law, we and any of our officers, employees and agents accept no liability of whatever description for any loss, injury or death which may occur at NARC. To the full extent permitted by law, you release and discharge us from all liabilities and claims arising out of your use of the facility.
8. The use of cameras, video recorders or any other image recording device is prohibited within our facility, without written permission from Management. The use of mobile phones is strictly prohibited in change rooms.
9. In the event that you suffer an injury or illness at the Centre, you consent to any first aid treatment that Centre staff may reasonably consider necessary or desirable.
10. No pets or animals permitted in the Centre, with the exception of Guide Dogs and Assistance Dogs.
11. Only Centre staff are permitted to conduct any programs and services.
12. Secure lockers are available for your use. The Centre does not take responsibility for your personal items. If any items are left behind after your visit to the Centre, then the Centre will retain those items in its lost property area for a maximum period specified by the Centre. After the expiry of that period, those items will be considered abandoned and become the property of the Centre.
13. You may be monitored or photographed as NARC uses CCTV and alarm security surveillance systems. Management reserves the right to use these images for purposes related to venue management as per the City of Darebin Surveillance Systems policy.
14. Management reserves the right to close any part of the facility at any time.
15. If you or any children accompanying you on the premises wilfully or through negligence cause damage to the premises or any property on the premises, you will be responsible for that damage.

NARC reserves the right to update, modify or change these conditions of entry from time to time. Any changes will be posted on our website and available at entry points to the Centre.

Conditions of entry to the facility (also displayed upon entry)

To maximise your enjoyment at the facility, please be aware of the following:

• You must obey all signs displayed on the premises and follow all reasonable requests made or directions given by staff including in the event of an emergency.
• While visiting Northcote Aquatic and Recreation Centre (NARC) please show respect to all staff, other patrons and the facility.
• No child under 10 years of age is permitted to enter the premises except where the child is supervised by a responsible adult aged 16 years or older. If unaccompanied by an adult a child may be refused entry at the discretion of Centre staff. Children under the age of 5 must swim within arm’s reach of a responsible person aged 16 years or older.
• We ask you take your own safety and the safety of any person(s) in your care.
• We have a zero tolerance to violence and abuse any person behaving inappropriately or in an offensive manner towards staff or patrons will be instructed to leave with refund. We also reserve the right to suspend or cancel an existing membership.
• Visitors will be refused entry to the centre if carrying glass, alcohol, weapons or drugs.
• Visitors to the centre will be refused entry if thought to be under the influence of drugs or alcohol.
• This is a non-smoking facility; this includes vapes and other e-cigarette devices.
• All visitors within the centre need to meet attire standards set by management in both gym and aquatic spaces.
• CCTV and alarm systems are used at the facility. Please note, images are used by NARC’s management as per the City of Darebin’s Surveillance Systems policy.
• Participating in any activities in the centre is at your own risk. Staff are trained in first aid, and by entering you are consenting to receiving first aid by staff if they deem it appropriate.
• We welcome you to create memories at NARC, however the use of the use of cameras, video recorders or any other image recording device is prohibited.
• The use Mobile phones is strictly prohibited in all toilets and changerooms.
• No pets or animals permitted in the Centre, except for Guide or Assistance Dogs.

MEMBERSHIP TERMS & CONDITIONS

The following terms and conditions apply to all at Northcote Aquatic and Recreation Centre members.

1. THE AGREEMENT BETWEEN YOU AND US

2. INTRODUCTION

These Terms & Conditions, together with the Group Fitness Booking Rules, Conditions of Entry (available on this page), and Direct Debit Service Agreement and the ACL Exclusion Notice govern conditions of entry and participation within the Northcote Aquatic and Recreation Centre (“NARC”), operated by Clublinks Management Pty Ltd or any other entity nominated by the Darebin City Council as the operator of NARC from time to time (“Clublinks”) on behalf of the Darebin City Council.  It is important that you have read and understood all the terms and conditions before agreeing to this Agreement. Clublinks, on behalf of the Darebin City Council, reserves the right to amend these terms and conditions as needed in accordance with paragraph 25. Clublinks, on behalf of the City of Darebin, also retains absolute discretion to reject entry or participation at NARC for any person that does not adhere to these terms and conditions, Conditions of Entry and the Group Fitness Booking Rules.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

3. PARTIES TO CONTRACT

The organisation providing the service for which you are paying is Clublinks. The “Member” or “you” means the person accepting or signing this Agreement.  It is important that you understand that by signing or accepting this Agreement, you agree to these terms and conditions.

4. NARC HOURS

NARC Operating Hours: Monday to Friday, 6:00am to 10:00pm; Saturday, 6:00am to 8:00pm, and Sunday 8:00am – 8:00pm, or as otherwise notified by Clublinks. Public Holiday hours may vary.

Opening hours and NARC access may vary due to public holidays and operational circumstances. Updates will be communicated promptly via the contact details you’ve provided in your Membership Application or regular social media channels.

5. ELIGIBILITY

Adult memberships are available from the age of 18.

All membership applications will be subject to a health pre-screen and may be required to have a medical clearance where necessary as deemed by Clublinks.

A person between the ages of 16 through 17 is eligible for Adult or Active Teen memberships.

A person between the ages of 12 through 17 is eligible for Active Teen memberships only.

Until the age of 18, memberships will not include access to the steam room, spa, sauna, and warm water pools. Until the age of 16, all memberships will not include access to group fitness classes.

Active Teen members are subject to the following conditions:

• Active Teen members Gym/Aquatic supervised access hours include Monday to Saturday, 6:00am to 7:00pm; Sunday 8:00am to 8:00pm, unless as otherwise notified by Clublinks. Public Holiday hours may vary.
• Active teen members must exit the Gym/Aquatic areas at the end of the advertised supervision period. Active Teen members will not be permitted access to Gym/Aquatic areas if arriving within 15 minutes or less of supervision period ending.
• Active Teen members will be administered under the name of the Member’s nominated parent/guardian until the Member turns 18 years of age.
• Prior to attending NARC for the first time as a member, Active Teens must attend a gym safety induction (“Active Teen Induction”) session as prescribed by NARC from time to time. A parent/guardian is required to attend when the Active Teen member is ages 12-16.

6. YOUR MEMBERSHIP

Upon your membership application being accepted by Clublinks, you are a member of NARC under the type of membership (“Membership Type”) stated in your Membership Application Form.  From the Membership Start Date, your membership entitles you to:

• maintain a membership account;
• book and attend group fitness classes or club visits with NARC, in accordance with visitation limits on your membership or as otherwise advised by Clublinks; and
• use the facilities available at NARC, in accordance with your Membership Type.

7. WHEN WILL YOUR MEMBERSHIP START

Your membership will start on the Membership Start Date set out on your Membership Application Form (“Membership Start Date”). You will be able attend the NARC/ and or bookings in accordance with your membership type from your Membership Start Date.

8. HOW LONG WILL YOUR MEMBERSHIP LAST

Commitment Period

Your Commitment Period includes an Initial Commitment Period of 28 days from the Membership Start Date (“Initial Commitment Period”). You are committed to the minimum initial period of membership from your Membership Start Date as set out in your Membership Application (“Commitment”).

On completion of your Initial Commitment Period, your membership will automatically renew ongoing, and be debited in accordance with paragraph 9.2 – “Membership Dues” unless your membership is terminated in accordance with paragraph 12 – “Cancellation of Membership”.

Memberships are valid for one person only, multiple people cannot share one membership.

8.1. Change of Mind (Cooling off Period)

You may notify Clublinks that you wish to cancel your membership by completing a cancellation form provided by Clublinks within 7 days starting on the date you agree to this Agreement (“Cooling Off Period”). If you do so, Clublinks will refund your Total Upfront Payment and any Membership Dues which you have paid for. If you have used your membership during the Cooling Off Period, Clublinks will refund those amounts set out above, less a Guest Fee of $5 for each visit, and the fees of any personal training, wristband fees, or other NARC services you have received.

8.2. Suspension of Membership or “Freeze” periods

All memberships with the exception of Learn To Swim are entitled to up to 12-weeks of membership freeze (per calendar year) at a cost of $2.50 per week. All freezes are available in minimum blocks of one-week periods. If you freeze your membership during the Initial Commitment Period, your Initial Commitment Period and the Initial Commitment Period end date set out in your Membership Application Form will be extended by the Freeze Period.

If you wish to suspend or “freeze” your membership, you may do so by:

• Logging in to your client portal and setting up a freeze
• Notify us of your request in writing or by contacting a member of our Customer Service team

In the event of injury or incapacity, a medical suspension can be applied at no cost to the member for a set period. A medical certificate is required for medical suspensions. Clublinks reserves the right to reject any medical suspensions if deemed necessary.

You will not be able to use NARC and its services while your membership is frozen.

Members are not eligible for freeze periods during their 28-day Cancellation Notice.

Freeze requests will not be entered retroactively.

9. MEMBERSHIP DUES AND FEES

9.1. Joining Fee

A joining fee applies to all membership types except for Learn to Swim enrolments and will be collected upon joining or added to your first direct debit payment (“Joining Fee”).

For cancelled members wishing to rejoin, a Joining Fee will not be collected within 28-days from the original cancel effective date.

9.2. Membership Dues

As a member of NARC you are personally responsible for payment to us of the Membership Dues, Joining Fee, and any other ongoing payments set in your Membership Application as they fall due. As a member, your Membership Dues are payable for the whole of your Initial Commitment Period at the cost set out in your Membership Application. If your first fortnightly period includes a partial fortnightly billing period, your Membership Dues for that period will be calculated on a proportional basis (“Pro Rata”) according to the number of days remaining in that fortnightly billing period.

Membership Dues vary depending on your Membership Type. You must pay the Membership Dues applicable to your Membership Type at the relevant time. You may only pay your Membership Dues in advance by direct debit or periodic credit card authority under your Payrix DDR Service Agreement. No other form of payment will be accepted. 

The Direct Debit Service Agreement is separate to these terms and conditions.  If your direct debit payment is declined, you will be required to pay any outstanding balance upon your next visit.  Any outstanding payment remaining on your next scheduled direct debit date will be deducted from your nominated account.

You will not be allowed to access to NARC if your Membership Dues remain outstanding. Clublinks will collect any outstanding amounts and any charges we incur from late payment through your Payrix DDR Service Agreement (if applicable). If you have a genuine dispute in relation to the collection of outstanding amounts or the charges Clublinks incur, please contact a member of Clublinks Customer Service team.

9.3. Transaction Fees and Rejections

It is your responsibility to ensure that there are enough funds in your account to allow a debit payment to be made.  If there are insufficient funds in your account to meet a debit payment you may be charged a fee and/or interest by your financial institution.  Transaction fees apply to all bank account, credit, and debit card transactions and are outlined here.

Failed transaction Fee – $10 per failed or returned transaction attempt.

Transaction fee costs are subject to change.

9.4. Changes to Membership Dues

Your Membership Dues are fixed for the Initial Commitment Period as per paragraph 8 – “How long will your membership last”. Upon the expiry of the Initial Commitment Period your Membership Dues may be varied or updated to the Membership Dues then applicable at that time.

This may result in an increase to your Membership Dues after the Initial Commitment Period. Clublinks will give you at least 28 days’ notice of any change and the date from which the change will apply by emailing you at the email address you provided in your Membership Application. After the Initial Commitment Period, if you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with paragraph 12 – Cancellation of Membership. If you do not terminate your membership, you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly and you authorise that any debits from your nominated account to also be varied. All Membership Dues include goods and services tax (GST). Clublinks reserves the right to change your Membership Dues in line with any government GST or similar taxes.

9.5. Other Membership Fees and Charges

Any fees or charges that may be payable for additional services and facilities, such as Late cancellation/Missed class Fees, Suspension Fees, Guest Fees, Replacement Membership Wrist Band Fees, Retail fees, and Creche Fees will be set out in NARC price list (and may be amended by us from time to time) and available at reception. Such fees:

• may be added to your direct debit payment; and
• you consent to and authorise such fees being added to your direct debit payment.

9.6.Upgrading or Downgrading your Membership

Upgraded memberships will not go into effect until the beginning of the next business day, whereas downgraded memberships will not be taken into effect until the following direct debit. Access will remain the same during the transition period.

10. NARC ACCESS

As a member, you must hold a valid membership wristband to access NARC’s services and facilities. A membership wrist band will be assigned to you free of charge on your first visit to NARC. Replacement wristbands can be reassigned at Reception at a cost of $10 per new band. Wristbands are unique and non-transferable. Wristbands should never be shared or lent to your friends or family members. In the event of misuse or misappropriation of your membership wristband, Clublinks reserves the right to deny facility access and/or terminate your membership in accordance with paragraph 13 – “Suspension or Termination by Clublinks”.

11. MEMBER PHOTO REQUIREMENT

For security and member identification purposes, all members are required to take/provide a profile photo upon joining as a member. The photo will be linked to your membership account and used for verification purposes upon entry and during use of NARC facilities. Your photo will also help ensure that only the registered member is using the membership and prevent unauthorised access.

Your photo will be stored securely in accordance with Clublinks’ privacy policy and the Privacy and Data Protection Act 2014 (Vic). It will not be shared with third parties except as required by law or for the operation of NARC by Clublinks or any entity engaged by Darebin City Council.

12. FACILITIES

Clublinks may need to adjust the availability of certain facilities on a temporary basis including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions, and holidays.

13. ADMISSION POLICY DURING CAPACITY LIMITATIONS

To ensure the safety and comfort of all members and guests, NARC operates under strict capacity limitations. When the facility reaches its maximum capacity, the following admission policy will apply:

• First Come, First Served:
  Admission to NARC will be granted on a first come, first served basis when the facility reaches capacity. This policy applies equally to all members and guests without preference.

• Notification:
  Members and guests will be informed upon arrival if the facility has reached capacity. Updates on capacity status may be communicated via the NARC website or social media channels where possible.

• No Preferential Treatment:
  Membership does not guarantee immediate access during capacity limitations. All individuals, regardless of membership status, will be subject to the same admission rules during these times.

• Safety and Compliance:
  These measures are in place to comply with safety regulations and to ensure an enjoyable experience for all users. NARC reserves the right to enforce these rules strictly and to make adjustments as necessary to maintain a safe environment. Members are encouraged to plan their visits accordingly, especially during peak hours, to avoid inconvenience due to capacity limitations.

14. GROUP FITNESS BOOKING RULES

For detailed information regarding class bookings, cancellations, and studio guidelines, please refer to the Group Fitness Booking Rules and Guidelines.

• Check-In Procedures:

Members must check in to their class using wristband scanners located outside each studio or by checking in with the instructor prior class commencement. If your wristband isn’t working, please contact the Reception Team or your class instructor for manual check-in.

• Missed and Late Class Penalty:

A $5.00 fee will be applied to your next direct debit period for any missed class or late cancel.

A late cancel is when a member cancels their class booking within 1 hours or less from the class commencement time. A missed class is when a member does not show up for their class booking.

Please ensure you manage your bookings to avoid penalties and allow fellow patrons the opportunity to participate in classes.

15. CANCELLATION OF MEMBERSHIP

A 28-day cancellation notice is required for all Membership Types including Learn to Swim Accounts other than Term Based Memberships. Cancellation notice period begins on the date of initial request. You are responsible for payment to Clublinks of the Membership Dues that fall within the 28-day cancel period. Freeze requests are not permitted during the 28-day cancellation period. Payment of any past due balance is required prior to a cancellation request being actioned.

If you wish to cancel your membership, you may register notice by:

• Dropping by in person and completing a Cancellation Form with a member of our customer service team; or
• Requesting a cancellation form be sent via email

Upon receipt of your cancellation form, a member of our customer service team will be in contact to confirm the details of your cancellation.

Term Based Memberships where memberships are valid for a set period of time will end on the specified end date and cannot be cancelled, frozen, or refunded.

16. Suspension and Termination by Clublinks

Clublinks may terminate or suspend your membership by emailing or writing to you at the contact addresses Clublinks have on our records:

• If you commit a serious or repeated breach of these terms and conditions and / or Conditions of Entry/Use.
• If you otherwise breach this Agreement, the Conditions of Entry/Use and the breach, if capable of remedy, is not remedied within 14 days of Clublinks giving you notice to do so and informing you that your membership will be terminated if you fail to do so.
• If any part of your Membership Dues remains unpaid 28 days after falling due.
• If you provide Clublinks with details which Clublinks know to be false when applying for membership and these false details may have affected Clublinks reasonable decision to grant you membership.
• If you engage in inappropriate behaviour which is deemed by management of Clublinks likely to lead to injury, harassment or embarrassment to any member or employee of Clublinks or the Darebin City Council, or damage to any equipment or building belonging to Clublinks or the Darebin City Council.

If Clublinks terminate your membership for any of the above mentioned reasons Clublinks may (without limiting any other right or remedy) recover any other reasonable costs and expenses Clublinks incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current fortnightly billing period any arrears.

17. COLLECTION OF FEES

Clublinks will collect any Membership Dues and fees that are outstanding when your membership is terminated. Clublinks may use a third party to assist in the collection of outstanding fees.

18. LOCKERS USEAGE

As part of your membership, you receive complimentary access to NARC lockers on a first come, first served basis. Members may use one (1) locker for a maximum reservation time of 2 hours. After 2 hours, all locker reservations are pre-programmed to expire and will automatically open. Members are advised not to leave valuables in lockers and to check their belongings at their own risk. Clublinks is not responsible for lost or stolen items.

19. LOST PROPERTY

Lost items discovered in lockers or around NARC premises will be placed in our lost and found. All items in the lost property will be kept for a maximum of 7 days before being donated or disposed of. Patrons must provide detailed descriptions of lost items to facilitate identification. NARC reserves the right to request proof of ownership before returning any lost items.

20. SECURITY

NARC premises have CCTV security cameras recording 24-hours a day (except bathrooms) and may have remote video guarding services.  This system is used for security purposes but does not guarantee against harm.  You should contact Clublinks if you have questions on this.

21. PARKING ACCESS

Members and guests are provided with limited parking access for up to 2 hours per visit. Electric Vehicle (EV) charging stations are also available for use for up to 2 hours per visit. Please note that parking spaces are subject to availability and there is no guarantee of a space being available at any given time. Parking limits and zones are enforced by Darebin Council, and failure to comply with these regulations may result in ticketing.

22. ENTITLEMENT

Provision of services provided by Clublinks may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By agreeing to this Agreement, you are agreeing to be bound by the rules and conditions of Clublinks. The management at the Northcote Aquatic Recreation Centre reserve the right to cancel the rights of any member not complying with the conditions of membership or rules of Clublinks at any time.

23. PROVISION OF SERVICE

Change of management, location or ownership or the name of Clublinks does not absolve you of your responsibilities under the terms and conditions of this Agreement.

24. SMOKING, DRUGS, AND ALCOHOL

Smoking of any kind, including the use of cigarettes, e-cigarettes and vaping devices, is prohibited in NARC. The consumption of, or being under the influence of, alcohol within NARC or its grounds is not permitted and may result in the cancellation of membership. You acknowledge that the distribution or use of any drugs, including illegal drugs and performance-enhancing drugs, is prohibited and promise that you will not use or distribute these substances in the Facilities.

25. COMMERCIAL ACTIVITY

You acknowledge that engaging in any commercial or business activities in NARC, such as offering training services or selling goods in NARC is prohibited unless Clublinks grant you written permission to do so.  If Clublinks do give you written permission, Clublinks can revoke this at any time.

26. ENTIRE AGREEMENT

This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between you and Clublinks relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

27. LIABILITY

Clublinks is not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use NARC at your own risk in accordance with the Conditions of Entry.

Under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), Clublinks guarantees that the services Clublinks supply:

• are provided with due care and skill;
• are reasonably fit for any purpose you have told Clublinks you are using the services for or told Clublinks you wish to achieve; and / or
• are supplied in a reasonable time.

Under certain legislative provisions, however, Clublinks can ask you to accept some limitations to the ACL guarantees.

You agree, to the extent allowed by section 139A of the Competition and Consumer Act 2010 (Cth), to exclude or modify Clublink’s liability to you for death or injury from Clublinks failure to comply with ACL guarantees.  This exclusion does not apply if your death or injury is caused by Clublinks “reckless conduct” (as defined in the CCA).

State based notices. Victoria Only

The ACL Exclusion Notice “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you.

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified.  Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded.  In particular, but subject to above, Clublinks are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.  This does not exclude Clublinks liability for reckless conduct.

28. CHANGES TO THESE TERMS OR CONDITIONS OF ENTRY OR GROUP FITNESS BOOKING RULES

Clublinks may sometimes make changes to this Agreement, the Conditions of Entry and / or Group Fitness Booking Rules at any time.  If Clublinks does this, Clublinks will try to do this fairly and by giving you a chance to cancel you membership if you are adversely affected by the change and do not agree to it.

Clublinks will make reasonable efforts to tell you of any change in advance and when it will take effect.  Subject to other terms and conditions, the effective date will generally be at least 14 days from the date Clublinks tell you about the change unless it is not practical for us to tell you at this time.  Your membership will be amended from the effective date.

You cannot cancel under this clause if Clublinks have to make the change to comply with a law or a direction of a relevant authority.

29. PRIVACY AND PRIVACY DISCLAIMER

From when you apply for membership, you will need to provide Clublinks with, and Clublinks will have access to personal information about you, including information relating to your health and finances.  Your personal information may be transferred to amongst other persons, the Darebin City Council and any other person from time to time who is engaged to manage and operate NARC.

Clublinks from time to time will send you news and information regarding NARC. You can unsubscribe at any time using the link at the bottom of Clublinks emails or by contacting Clublinks. Clublinks will only keep on file personal information that is needed to provide the requested updates or service to you. You may request to see your personal information held on file by Clublinks will not sell or give your personal information to any third parties without your express consent, unless Clublinks must do so to provide the requested service or as required by law. The data provided may be provided to Darebin City Council or any other person from time to time who is engaged to manage and operate NARC. If you do not wish to receive these updates, you may unsubscribe at any time. This data will not be used for any marketing or communication purposes not directly related to this event, and will be used in accordance with the Privacy and Data Protection Act 2014 (Vic)

30. SEVERABILITY

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

31. WAIVER

If Clublinks do not enforce our rights under this Agreement at any time, it does not mean that Clublinks may not do so in the future.

ACL EXCLUSION NOTICE

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

SUPPLIER:  CLUBLINKS MANAGEMENT PTY LTD

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees means 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
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, 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”, in relation to an act or omission, means doing the act or omitting to an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

MEMBERSHIP TERMS & CONDITIONS

The following terms and conditions apply to all Swim Bright Learn To Swim members at Northcote Aquatic and Recreation Centre.

1. Introduction

These terms and conditions (Conditions) govern participation in the Swim Bright Learn to Swim Program, delivered by Clublinks Management Pty Ltd (Clublinks) on behalf of the Darebin City Council at the Northcote Aquatic Recreation Centre (NARC).  NARC is owned by the Darebin City Council and operated by Clublinks.  Clublinks may amend these Conditions from time to time by giving you 28 days’ notice.   Clublinks may terminate participation in the Swim Bright Learn to Swim Program or any NARC program conducted by Clublinks (Program) for any reason. 

You apply, either yourself or on behalf of a participant under the age of 18 as their parent/guardian (referred to as “you”), for approval to participate in the Program.  In consideration of the application being accepted, you (or you and the participant(s)) acknowledge and agree to the Conditions below. You agree to these Conditions on your own behalf, or where relevant also on behalf of the participant.

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY.  BY SUBMITTING YOUR APPLICATION / ENROLMENT FORM COMPLETED THROUGH THE ONLINE CLIENT PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE CONDITIONS.

2. Cooling Off Period

Cooling Off Period: There is a 7-day cooling off period for all membership types. If membership is cancelled during this period, the regular 28-day cancellation period will be waived, and all future fees after the cooling off period will be cancelled. Any charges for lessons attended during this the cooling off period will not be refunded. You must let Clublinks know in writing of the cancellation of your membership at any time during the cooling off period. Your written cancellation can be emailed to Clublinks at aquatics@northcoteaquaticreccentre.com.au.

3. Access to Facility & Programs

3.1. Facility Access: Swim Bright members can use the aquatic areas for casual use any day and time outside of their enrolled lesson during operational hours of NARC. One parent/guardian of a Swim Bright member who is under the age of 5, will also have casual access into the facility, when accompanying the child, free of additional charge.

3.2. Watch Around the Water Guidelines: Adherence to the Watch Around the Water guidelines is mandatory.

• All children under 5 must be “within arm’s reach” of their Responsible Adult.

• All children Under 10 must be constantly and actively supervised by their Responsible Adult.

Note – A “Responsible Adult” must be aged 16 years or older and able to enter the water in the event of an emergency.  When the “within arm’s reach” condition exists, the Responsible Adult must enter the water with their child and be ready to rescue their own child should they come into difficulty.  When the “constant and active supervision” condition exists, the Responsible Adult must maintain the ability to provide immediate assistance should their child come into difficulty.

3.3. Facility Hours: Opening hours and facility access may vary due to public holidays and operational circumstances. Updates will be communicated promptly through SMS and email. Ensure your contact details are up to date via your Online Client Portal.

3.4. Usual Facility Operating Hours:

• Monday to Friday, 6 am to 10 pm

• Saturday, 6 am to 8 pm

• Sunday 8am – 8pm

• Public Holiday: Program closed

4. Enquiries & Lesson Information

4.1. Contact Information: All enquiries should be directed to aquatics@northcoteaquaticreccentre.com.au.

4.2. Child’s Progress: For information regarding your child’s progress, contact the Learn to Swim Coordinator or Pool Deck Supervisor in person at the on-deck desk or via email.

4.3. Instructor Communication: To speak with an instructor or teacher, please speak to the Pool deck supervisor, who can relay any relevant information to the staff member, please refrain from long conversations with the teaching team.

4.4. Swim Bright Lessons are of 30 minutes duration.

4.5. Murray and Darling Lessons require a parent or guardian in the water. The Bells classes are considered transitional lessons, and a parent/guardian is expected to enter the water with their child or sit on the poolside until the child shows independence and emotional confidence to participate alone or to the discretion of the instructor.

5. Applications and Enrolment

5.1. Parent/Guardian Signature: Application/Enrolment forms must be completed through the Online Client Portal and signed by a parent or guardian over 18 years old.

5.2. Swim Assessment: Except for preschool and non-swimmer participants, all Swim Bright participants must undergo assessment or complete the online questionnaire before beginning their first lesson. If the questionnaire was completed a supplemental assessment may be required of some participants.

5.3. Availability: Places in swim classes depend on availability and on behalf of Clublinks’ discretion. Make up spots are dependent on other students signing out of classes. Clublinks accepts no responsibility for providing make up times or finding slots for students.

5.4. Medical Information: All relevant medical information for each participant must be declared during application.

6. Payments & Concession Eligibility

6.1. Direct Debit: NARC Swim Bright payments will be processed fortnightly through direct debit, following the fortnightly payment cycle. Direct Debit is charged in advance for future bookings. Public Holiday lesson bookings will still incur a Direct Debit charge.

6.2. Rolling Basis: NARC Swim School operates on a rolling basis. The Direct Debit will continue over any LTS shut down periods. In the event of a facility closure, the Direct Debit will be paused.

6.3. Membership Wrist band: All participants will receive a NARC facility membership wristband for lesson attendance recording and access to facility outside lesson times.

6.4. Fee Changes: NARC Swim School Program Fees are subject to change at any time.

6.5. Concession Eligibility require one of the following identifications for those requesting a concession rate:

• Tertiary Student Card

• Government issued Health Care Card

• Government issued Pension Card

• Veterans Affairs Card

• Government issued Carers Card

The concession is applicable to both the account holder and any linked family members. The card must be presented at reception prior to the enrolees first lesson.

7. Transaction Fees and Rejections

It is your responsibility to ensure that there are enough funds in your account to allow a debit payment to be made.  If there are insufficient funds in your account to meet a debit payment you may be charged a fee and/or interest by your financial institution.  Transaction fees apply to all bank account, credit, and debit card transactions and are outlined here.

Failed transaction Fee – $10 per failed or returned transaction attempt.

Transaction fee costs are subject to change.

8. Discounts

No Other Discounts: No other discounts apply, and discounts cannot be combined.

9. Non-Attendance

9.1. Notice Requirement: Non-attendance must be reported at least 8 hours before the lesson’s start via signing out from a specific class booking via the Online Client Portal.

9.2. Refunds/Credits: No refunds or credits are provided for missed lessons. Marked non-attendance in line with 9.1 allows one (1) Make-Up session, which is automatically applied.

9.3. Freeze Option: Swim Bright Members are eligible for a 4-week suspension option instead of non-attendance. See Suspension below.

10. Make-Up Lessons

10.1. Make-Up Lesson: Members receive one (1) Make-Up Lesson per marked non-attendance.

10.2. Expiry: Make-Up Sessions expire one (1) month from the date of non-attendance.

10.3. Booking: Make-Up lessons should be booked via the Online Client Portal, not exceeding 7 days in advance, and can only be applied where there is availability.

10.4. Forfeiture: All Make-Up lessons are forfeited upon cancellation of your membership.

10.5 Make up lesson extension is at the discretion of the Learn to Swim Coordinator or Aquatics Manager.

11. Credits

11.1. Credit: Swim Bright members receive credits for charged sessions if the class is cancelled by the business.

11.2. Public holidays: Swim Bright members will receive a make-up token for any cancelled lessons that fall on a public holiday. Credits can be applied at the discretion of the Aquatics Manager. 

12. Freezes (suspensions)

12.1. Complimentary Freezes: Swim Bright members can have up to 4 weeks of complimentary freeze per calendar year. Freezes must be a minimum of 7 days.

12.2. Freeze Request: Submit Freeze request to aquatics@northcoteaquaticreccentre.com.au   Backdating Freeze is not allowed.

12.3. Timing: Freezes must be submitted before the next Direct Debit is processed. Please refer to the Northcote Aquatic and Recreation Centre website for the Direct Debit Calendar and notice periods. Cancellation during a suspension period is prohibited.

13. Cancellation

13.1. Cancellation Notice: Swim Bright enrolments can be cancelled by you at any time by giving Clublinks a minimum of 28 days’ written notice by email to aquatics@northcoteaquaticreccentre.com.au.

13.2. Fees During Notice Period: All fees are payable during the 28-day notice period and cannot be cancelled during suspension periods.

13.3 In the event of a medical cancellation, and with a doctor’s medical certificate, the 28-day notice period may be waived by Clublinks.

13.4  Cancellation notice period begins on the date of initial request. You are responsible for payment to us that fall within the 28-day cancel period. Freeze requests are not permitted during the 28-day Cancellation period. Payment of any past due balance is required prior to a cancellation request being actioned.

13.5  If you wish to cancel your membership, you may register notice by:

Requesting a cancellation form be sent via email to  aquatics@northcoteaquaticreccentre.com.au

13.6 Upon receipt of your cancellation form, a member of our Aquatics Team will be in contact to confirm the details of your cancellation.

13.7  Term Based Memberships where memberships are valid for a set period of time will end on the specified end date and cannot be cancelled, frozen, or refunded.

14. Refunds

14.1. Refund Requests: All refund requests must be made in writing via email to aquatics@northcoteaquaticreccentre.com.au  and are at the discretion of the Aquatic Manager.

14.2. Processing Time: Refunds may take a minimum of 14 days from Aquatic Manager approval.

15. Swim School Closures

15.1. The Swim Bright Swim Program is closed on public holidays and noted holiday periods as advised by NARC staff. Clublinks will update Swim Bright members on holiday closures both in person and via online correspondence. A make-up token will be credited to the account to allow for the missed class.

15.2. The Swim Bright Swim program at NARC may be closed due to unforeseen circumstances including government restrictions, air and water quality or weather events. Credits will be applied for classes missed due to cancellation.

16. Photography and Video Recording

No Photography or Video Recording by participants within the NARC, except with a manager’s prior written approval. Unlawful recording will result in legal action.

17. Aquatic Area Conditions of Use

17.1  You must abide by the following conditions of use when swimming at NARC to promote a safe environment and positive experience for all.  

• Children under 10 years of age must be constantly and actively supervised by a Responsible Adult at all times. If unaccompanied by a Responsible Adult a child may be removed from water at the discretion of NARC staff.   The Responsible Adult must position themselves to have a clear view of the child with no physical or structural barriers between them and the child/children.

• Children under the age of 5 must be accompanied by and swim within arm’s reach of a Responsible Adult at all times.

• Please ensure you (and your children) shower in the designated pre-rinse areas prior to entering any body of water.

• Please always follow the direction of centre staff including in the event of an emergency. 

• No food or drink (except water) is to be consumed in or near pools.  

• Please observe all signage within the facility and please note the following rules apply:

(i)   no bombing or flips; 

(ii)  no balls or similar item;  

(iii) no running;  

(iv)  no rough play or shoulder rides; and  

(v)   no photography (including video & mobile phone cameras) without Clublinks management’s prior written consent. 

17.2  Lap lane etiquette is to be always followed; Pick a lane that suits your speed, keep to the left and keep the ends of lanes clear for turning. 

17.3  Please wear appropriate swimming attire, underwear, see-through clothing, nappies, boxer shorts and cotton outerwear are not permitted. Culturally sensitive clothing is accepted. 

17.4  NARC does not take responsibility for your personal items. Secure lockers are available for your use.

17.4  The use of cameras, video recorders or any other image recording device is prohibited within our facilities.

Note – Responsible Adult must be aged 16 years or older and able to enter the water in the event of an emergency. Responsible Adults must not supervise a total of more than 4 children under the age of 10 and no more than 2 children under the age of 5.  When “within arm’s reach” condition exist, Responsible Adults must enter the water with their child and be ready to rescue their own child should they come into difficulty.  When “constant and active supervision” conditions exist, responsible adults must maintain the ability to provide immediate assistance should their child come into difficulty.

18. Hygiene Standards

18.1  Please ensure you (and your children) shower in the designated pre-rinse areas prior to entering any body of water. 

18.2  Don’t swim if you (or your child) have suffered diarrhoea or vomiting in the past two weeks. 

18.3  Infants and toddlers and incontinent patrons must wear close fitting swimwear and nappies designed to prevent contamination of the swimming pools.

18.4  Please wash your (and your child’s) hands with soap and water after visiting the toilet or changing a nappy. 

18.5  Please ensure dirty nappies are disposed of in sanitary bins provided. Please use designated changing rooms for changing nappies. 

18.6  All swimming attire is to be tight fitting. Saggy or loose-fitting garments will not be permitted. Underwear, see-through clothing, nappies, boxer shorts and cotton outerwear are not permitted. 

18.7  Avoid drinking or swallowing pool water.

18.8  Please notify a staff member immediately if a faecal incident does occur. 

19. Privacy and Privacy Disclaimer

From when you apply for membership, you will need to provide Clublinks with, and Clublinks will have access to personal information about you, including information relating to your health and finances.  Your personal information may be transferred to amongst other persons, the Darebin City Council and any other person from time to time who is engaged to manage and operate NARC.

Clublinks from time to time will send you news and information regarding NARC. You can unsubscribe at any time using the link at the bottom of Clublinks emails or by contacting Clublinks. Clublinks will only keep on file personal information that is needed to provide the requested updates or service to you. You may request to see your personal information held on file by Clublinks will not sell or give your personal information to any third parties without your express consent, unless Clublinks must do so to provide the requested service or as required by law. The data provided may be provided to Darebin City Council or any other person from time to time who is engaged to manage and operate NARC. If you do not wish to receive these updates, you may unsubscribe at any time. This data will not be used for any marketing or communication purposes not directly related to this event, and will be used in accordance with the Privacy and Data Protection Act 2014 (Vic)

20. Assessments

Assessments are ongoing throughout the term. Provide feedback on your child’s progress by contacting the pool deck supervisor or emailing aquatics@northcoteaquaticreccentre.com.au.

21. Parking

21.1.  One vehicle is permitted per NARC Swim Bright Swim School member and parking is limited to a maximum of 2 hours, on the day of your scheduled lesson.  Clublinks accepts no responsibility for fines or other sanctions incurred by a member for exceeding this 2-hour limit.

21.2. Car parking access is subject to availability and there is not guarantee that a parking space will be available for a Swim Bright member at a given time. During major events it is likely that car space for Swim Bright members will be limited.

22. Lost Property

Efforts will be made to ensure the safety of Swim Bright members’ personal belongings, but NARC does not take responsibility for your personal items. Secure lockers are available for your use. If any items are left behind after your visit to the Centre, then Clublinks will retain those items in its lost property area for a maximum period specified by Clublinks. After the expiry of that period, those items will be considered abandoned and become the property of Clublinks.

23. Public Health

23.1. Swim Bright membership is subject to the Public Health and Safety measures put in place by Clublinks and Darebin City Council, and the ‘Hygiene Standards’ section of the Conditions of entry to NARC.

23.2. You must comply with relevant public health and safety regulations set by the Victorian Government, as well as the instructions/directions set by Clublinks staff.

24. Communicable Diseases

Please respect our precautionary health rules and refrain from lessons if your child is suffering from any of the following: any contagious disease e.g., COVID-19, conjunctivitis, rubella, flu, gastro, fever, common cold, runny infected noses, sore throats, cold sores, ringworm, head lice or urinary tract infection.

25. Disclosure of Medical Conditions

25.1. You warrant that prior to utilising NARC and its facilities and services that the participant:

• is and must continue to be medically and physically fit and able to utilise NARC’s facilities and services;

• is not a danger to itself or to the health and safety of others; and

• is not presently receiving treatment for any condition, illness, disorder, or injury which would render it unsafe for you to utilise NARC’s facilities and services.

25.2  You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that the Clublinks relies on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during use of NARC and its facilities and services to Clublinks before you leave the facilities.

26. Non-Transferable

A right to participate in the Program (if granted) is non-transferable to other programs or to other people. Any attempt to transfer to another person without the knowledge of NARC’s Swim Bright Program may result in the cancellation of any rights granted to you by Swim Bright Program without refund and you may not be permitted to again participate in the Program.

27. Safety

You agree to follow any rules set by Clublinks in connection with use of the NARC facilities or services. If you fail to comply with the Venue and/or NARC’s rules and/or directions, you or the participant will not be permitted to use or to continue to use the NARC facilities or services and no refund will be given. If you or the participant suffer any injury or illness, you agree that Clublinks may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these Conditions constitutes your consent to such evacuation, first aid and/or medical treatment.

28. Risk Warning

Your and the participant’s participation in the recreational activities supplied by Clublinks may involve risks which can result in personal injury, death or property damage.  Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you or the participant may have. By submitting this membership application, you acknowledge, agree, and understand that participation in the recreational services provided by Clublinks may involve risk. You agree and undertake any such risk voluntarily and at your own risk.

29. Waiver

29.1  A supplier of recreational services or recreational activities may ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services of activities).

29.2.  If you submit an application form / enrolment form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as follows:

For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

By submitting an application form / enrolment form, you agree that the liability of Clublinks in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

1. death;

2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

3. the contraction, aggravation or acceleration of a disease;

4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
   – that is or may be harmful or disadvantageous to you or the community;
   – that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities,

is excluded and the application of any express or implied term or guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.

For recreational services to which the Australian Consumer Law (Victoria) applies:

Warning under the Australian Consumer Law and Fair-Trading Act 2012:

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, are requested to ensure that the recreational services supplied to you:

1. are rendered with due care and skill: and

2. are reasonable fit for any purpose which you either expressly or by implication, make known to the supplier; and

3. might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you submit an application form / enrolment form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.

Note: The change to your rights, as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Exclusion of rights under the Australian Consumer Law (Victoria):

By submitting this membership application, you agree that the liability of Clublinks for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.

30. Release & Indemnity

30.1  In consideration of Clublinks accepting your membership application you, to the extent permitted by law:

1. release and forever discharge Clublinks from all Claims that you may have or may have had but for this release, but only where such Claims result from your death or personal injury, arising from or in connection with your membership of Clublinks, whether caused by the negligence or breach of contract by Clublinks or in any other manner whatsoever; and

2. release and indemnify Clublinks against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death or personal injury whether caused by:

(i)       the negligence or breach of contract by Clublinks or in any other manner whatsoever; or

(ii)      any breach by you of the warranties given in clause 25,

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of Clublinks.

30.2  In consideration of Clublinks accepting your membership application you, to the extent permitted by law, release and forever discharge, and indemnify and will keep indemnified and hold harmless Clublinks in respect of any Claim by any person:

1. arising as a result of or in connection with your membership or undertaking the recreational activities provided by Clublinks, whether caused by the negligence or breach of contract by Clublinks or in any other manner whatsoever;

2. against Clublinks in respect of any injury, loss or damage arising out of or in connection with your failure to comply with Clublinks’ rules and/or directions, whether caused by the negligence or breach of contract by Clublinks or in any other manner whatsoever; and

3. arising out of or in connection with any breach by you of the warranties given in clause 25,

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of Clublinks.

30.3  For the purposes of this clause 30, “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with your membership of NARC, but does not include a claim against Clublinks by any person expressly entitled to make a claim under a Clublinks insurance policy.

31. Exclusion of Liability

31.1  All express or implied guarantees, warranties, representations or other terms relating to these Conditions or their subject matter not expressly set out in these Conditions, are excluded from these Conditions to the maximum extent permitted by law.

31.2  Nothing in these Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be lawfully excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.

31.3  If any guarantee, warranty, term or condition is implied or imposed in relation to these Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Clublinks is able to limit your remedy for a breach of the Non-Excludable Provision, the liability of Clublinks for breach of the Non-Excludable Provision is limited to one or more of the following at the option of Clublinks:

1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again

3. Subject to paragraphs 31.3(a) and (b), the parties agree that the total liability of Clublinks to you for loss or damage of any kind whether arising in tort (including negligence), contract, under statute or otherwise is limited to the total amount of fees paid by you under these Conditions

32. General

32.1  The governing law of these Conditions is the law of the State of Victoria. You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of Victoria and waive any right to object to the exercise of such jurisdiction.

32.2  These Conditions (and the documents to which they refer) constitute the entire agreement between the parties in respect to your Clublinks membership application and participation in the Program and supersedes all other agreements, understandings and representations and negotiations with Clublinks in relation to Clublinks’ services and facilities. To the extent that any clause of these Conditions is void or unenforceable it is severable and does not affect the remaining provisions of the Conditions.

32.3  Any provision of these Conditions that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, voidable or unenforceable.   If it is not possible to read down a provision as required by this clause, part or all of the clause of these Conditions that is unlawful or unenforceable will be severed from the Conditions and the remaining provisions continue in force.

32.4  The failure of a Party at any time to insist on performance of any provision of these Conditions is not a waiver of the party’s right at any later time to insist on performance of that or any other provision of these Conditions.