TriKids Terms & Conditions

(effective 1^st August 2023)

Company Information

We are;
Tri Kids Pty Ltd (ABN: 85 121 274 940)

of 30 Aughtie Drive, Albert Park, Victoria, 3206, Australia
Phone: 03 8488 8045
[email protected]

1. General

These terms and conditions are the entire terms and conditions governing your relationship with TriKids. If any provision of these terms and conditions are invalid, unenforceable, illegal, or void for any reason, then such provision shall be deleted or read down to the extent necessary to overcome the difficulty and the remaining terms and conditions shall be valid and enforceable.

These terms and conditions shall be governed by the law of the state of Victoria, Australia and each of you and TriKids submit to the non-exclusive jurisdiction of the courts of Victoria and Australia.

A waiver by TriKids of any breach by you of these terms shall not be deemed to be a waiver of any subsequent breach.

TriKids shall not be responsible for any failure on its part to perform its obligations under these terms and conditions if such failure is beyond the reasonable control of TriKids.

This website is about TriKids triathlon/fitness coaching and related products & services.

2. Registration and access

TriKids reserves the right to refuse to accept any registration or to cancel any registration at any time at TriKids’ discretion.

You must register to use the information available on our website. By completing the registration process you:-

• Acknowledge that you have read and agree to be bound by these terms and conditions;
• You promise that all the registration information you provide about yourself is true, accurate, complete and up to date, and that you will advise TriKids if any of your registration details change.

These terms and conditions may be varied from time to time at TriKids’ sole discretion and you will be deemed to have accepted such variation to the terms and conditions unless within seven (7) days of notification to you of the variation you cancel your registration.

3. Membershipand Fees

Membership and fees are described on the TriKids website and are subject to change at the discretion of TriKids.

By joining TriKids, you agree to pay the fees described elsewhere in this site, which fees are subject to change at any time.

All fees are quoted in Australian dollars and include Goods and Services Tax.

Your/Your child’s registration and access to this site may be cancelled at TriKids’ sole discretion if you fail to pay any fees by the due date for payment.

Fees are to be paid upfront, or by pre-arranged direct debit authority before product/s or service/s are provided. We reserve the right to increase your fees at any stage. We will make reasonable effort to inform you about this change at least 14 days prior by writing to the contact details you have provided. Where we have made reasonable effort to inform you about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase unless you notify in writing within the 7 days of your intention to cancel your membership.

If at any time your fees are dishonoured through your bank, then TriKids will provide 48hours in which your direct debit will then be automatically re-debited. Any time your direct debit dishonours you will incur a dishonour fee by TriKids’ Direct Debit provider as stated in their Terms and Conditions.

For more information, please refer to the terms and conditions of EziDebit Direct Debit Authority.

Fees for TriKids Services other than Membership are strictly non-refundable.
Any fees or charges that may be payable for additional services and facilities, such as Fitness testing, Replacement and Equipment Hire fees, will be set out on the TriKids website and are subject to change at the discretion of TriKids.

 

4. Membership Fee

On joining TriKids you will pay a fee of $80 per season. This is a non-refundable payment at the commencement of your/your child’s membership. This is a single payment that will be valid from the commencement of the first race of the Triathlon Series until the final race of that series.  As part of your/your child’s joining fee, you will receive a welcome pack, containing a water bottle, hat, rashie, bag and sponsors discounts on partnerships worth.

5. Pricing & Payment

Membership fees may be made via VISA, MasterCard or Direct Debit from your bank. AMEX or Diners Club will not be accepted.

Physical products purchased through our online store may be made in Visa or Mastercard via Stripe Gateway.

The pricing structure of products & services can be changed at any time without prior notice.  Pricing is determined on a per product/service basis.

We endeavour to keep our website and catalogue prices updated and accurate, but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

Prices include Australian good and service tax. If you show by your delivery address that you reside outside Australia, and are therefore exempt from GST, please give your receipt to an accountant to amend for you.

6. Cancellation & Termination

Other than as stated in the paragraph above, the Membership Fee described in your registration is non-refundable and is payable by you when you sign these Terms. If your/your child’s membership is cancelled or terminated for any reason during the season and you subsequently wish to rejoin TriKids, you will need to pay the Membership Fee and other program Fees applicable to TriKids at that time.

TriKids may terminate your/your child’s membership immediately by emailing or writing to you at the contact addresses we have on our records if:

• you commit a serious or repeated breach of these Terms and Conditions
• any part of your Membership Fees remains unpaid 28 days after falling due; or
• you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership

If we terminate your/your child’s membership for any of these reasons, we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and collect the full amount of Membership Fees for the remainder of the then current Commitment Membership Period. We will collect any Membership fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

To terminate your membership with TriKids you must:

• Request in writing for TriKids staff to cancel/manage your membership.
• TriKids holds no accountability for delayed cancellations caused by participant inaction.

7. Training Sessions

TriKids has the right to cancel or postpone any advertised session times or groups for any reason whatsoever. Group structure, age groups and session times/ dates are subject to change at any time. TriKids will do its utmost to notify you of any changes posted via email, on our website and Facebook page, as applicable. Any changes made are at the discretion of TriKids. Participants must follow all reasonable instructions of the coach and are required to wear appropriate sporting attire.

8. Partner Benefits

The TriKids Partnerships Program has been formulated to support TriKids athletes. TriKids reserves the right to modify the structure, benefits and other features of the TriKids Partnerships Program including these terms and conditions at any time. Although TriKids will use reasonable efforts to notify participants of material changes, it is the responsibility of participants to keep themselves up to date in respect of all the terms and conditions of the Partnership Program.

Redemption of benefits through the TriKids Partnership Program is not transferable and may only be used by each member to whom the membership is issued to.

TriKids partners from time to time may offer limited specials related to products and/or services provided not specified within the Partnerships Program. These offers are to the discretion of the partner and may be limited by number and/or time. The following terms and conditions will be enforced.

Purchases and sales made as a result of the TriKids Partnership Program are solely between the member, as a consumer, and the participating partner, as a seller of the product or service. TriKids has no responsibility or obligation with respect to purchases or sales (including no responsibility or obligation for disputes between an individual member and any participating partner). Accordingly, members and participating vendors who make sales or purchases through the TriKids Partnership Program acknowledge and agree that under no circumstances shall TriKids be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the purchase, sale or use of any products or services purchased or sold.

9. Digital Images & Media

TriKids reserves the right to use any photographs, digital images or film taken at training sessions, programs or events for the purposes of advertising, publicity, marketing or promotion. Unless written advice is received by TriKids indicating that participants do not wish to appear in such material, or that parents/guardians do not agree to this term, then TriKids may use this material as described.

10. Risk and your health

Training and exercising may involve the risk of injury and you/your child will exercise and train using our facilities at your/their own risk. You/they also abide to subscribe to the terms and conditions of entry to our third-party training facilities. Please always monitor your/their physical condition and train to a level that is appropriate given your knowledge of your/their health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you/they are doing and notify a TriKids Coach or staff member. If you believe there is a risk to your/their health from doing any TriKids activities, you must tell us in writing. If your/their medical condition changes after you/they join you must also notify us in writing.
On the day you/your child joins TriKids and each time you/they use our services, you promise us that:

• You/They are in good physical health.
• You/They know of no medical or other reason why you/they cannot do active or passive exercise.
• Exercise will not damage your/their health, safety, comfort or physical condition.

We may choose to refuse your/their membership application, until: Your/Their Doctor agrees in writing that you/they are fit to participate, or you show us proof that you/they have received medical advice on an appropriate exercise program

11. Liability Recreational Activities

In the course of training or engaging in any Recreational Activities while using any TriKids facilities, if you/they are killed or injured, we will not be liable except to the extent caused by our gross negligence.
In this paragraph:

• recreational activities, means your/their participation in a sporting activity or a similar leisure time pursuit or your/their participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
• gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission;

Please refer to the warning notice below which we are required to provide to you if you are in Victoria under the Fair Trading Act 1999 (Victoria) in relation to this limitation on our liability.

12. WARNING UNDER THE FAIR TRADING ACT (1999)

Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that TriKids is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and

as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

13. Liability for supply of other services

Without limitation to information supplied in these terms and conditions and any other terms which are implied into this agreement by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you/your child are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limitation unless we have breached these obligations, we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

14. Personal Details

You must keep us up to date with your contact details by notifying TriKids staff as soon as possible to amend your profile in the members section of the TriKids database. In the event that you do not notify us of your change in contact details the records we have for you will constitute valid notice to you under these Terms.

We may transfer our rights and obligations under this Agreement to a third party without notice and you/your child will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us, you may terminate your membership upon giving Notice of Termination. Please refer to the Cancellation and Termination section of these Terms & Conditions.
We take the privacy of our members seriously and our Privacy Policy explains the ways in which we use and protect your personal information.

We will collect personal information from you that may relate to your/your child’s physical health or condition, including through the Membership Registration process, a Change of Circumstances notification and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information, please email [email protected]

You must tell us about anything that affects your/your child’s membership, including:

Postal address
Email address
Contact numbers
You must also notify EziDebit immediately of anything that affects your billing of your membership including your:

Nominated bank account details
Email address
Contact numbers

15. Intellectual Property Rights – Website

You acknowledge and agree that TriKids owns all rights, titles and interest in the content, layout, design, concept and organisation of this site and copyright, and all material created for or by TriKids in forming part of this site. You agree that you will not copy, upload, transmit, reproduce, distribute or any other way exploit any of TriKids’ intellectual property rights nor do anything to hinder, impede, invalidate or challenge TriKids’ intellectual property rights.

Whilst you remain a registered user of this site, you are granted a non-exclusive and non-transferable right to view, download, print or otherwise reproduce in unaltered form a single copy of any material contained within this site.

This web site and the products, technologies or processes described in this web site may be the subject of other intellectual property rights owned by TriKids Pty Ltd or by third parties. No licence is granted in respect of those intellectual property rights. Your use of this web site must not infringe the intellectual property rights of any person.

Except where you obtain the prior written consent of TriKids Pty Ltd:

• trade marks (unregistered or registered) and logos must not be used or modified in any way; and
• you must not link to this web site.

The intellectual property rights for code, design and social media online strategy of www.trikids.com.au retain copyright to FEM Productions; and must not be duplicated or modified in anyway except where you obtain the prior written consent of FEM Productions.

16. Disclaimer of liability

The content of this site is for educational and informational purposes only.
Your use of this site and its contents is at your own risk. The information contained in this site is not intended to be a substitute for professional medical advice or treatment and you are encouraged to seek medical advice in respect of any questions you have regarding a medical condition. TriKids shall not accept responsibility for any medical condition or illness or injury arising from the provision of information within this site.

TriKids makes no representation or warranty about the accuracy, reliability, completeness or timeliness of the information contained within this site or that information contained within this site is appropriate for any one individual.

TriKids hereby excludes to the maximum extent permissible by law any and all conditions and warranties that may be expressed or implied by statute, common law or otherwise, whether such conditions or warranties be as to quality, outcome, fitness, care, skill or otherwise. To the extent permitted by law, the liability of TriKids for breach of any express or implied warranty shall be the re-supply of the services or reimbursement of the cost of having those services supplied again.

To the full extent permitted by law, you hereby release TriKids from any claim of any nature arising from your/your child’s registration with TriKids or use of this site.

17. Indemnity

You hereby indemnify TriKids and its Directors, officers, employees, partners, and any other associated persons from any loss or damage you or any third person suffers or incurs as a consequence of your/your child’s registration with TriKids and use of its website. On acceptance of your/your child’s membership, you agree that TriKids will not be liable for:

• Any loss, damage or theft of property belonging to, or brought into a training session by you or your guest in promotional activities such as “Bring a friend” or “One-week free trial” unless caused by our gross negligence.
• Any death, personal injury or illness during training sessions or membership activities including the use of facilities, equipment except where this results from our gross negligence.

18. Feedback and Complaints

Your feedback is important to us, and we take your concerns seriously. We will endeavour to answer your feedback and suggest solutions to any problems. If you make a complaint, you will be contacted by a staff member of TriKids within one week to discuss your concerns. If you feel your complaint has not been fully resolved the staff member will raise your complaint with a Director of TriKids who will request your concern to be in writing to [email protected] in order for it to be fully investigated. A panel will review your concern and write back within 21 days of your written letter.

19. Email

We receive and reply to emails from users on a regular basis. For record-keeping purposes, we retain copies of all incoming and outgoing emails. Information in the email we receive or send will not be disclosed to any third party without the permission of the sender, either express or implied, unless required by law.

20. Changes to the Privacy Policy

We may change our Privacy Policy from time to time at our discretion and without notice. If we do, an updated version of this Privacy Policy will be made available on this site so that you remain aware of the data we collect, how we use it, and under what circumstances we disclose.

21. Security Policy

When purchasing from our website via Stripe, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard. If you have any questions regarding our security policy, please email us.

Privacy Policy

In order to provide our services, we need to collect, use and dispose of certain personal information about individuals, in particular our customers. We respect those individuals’ privacy and will ensure that we deal with the information in accordance with the National Privacy Principles under the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.

We will take all reasonable steps to ensure that all personal information we collect is only used for the reason it was given. We will make all reasonable efforts to store this information in a secure environment and to ensure that it can only be accessed by authorised personnel for permitted purposes. We will not sell, spam, or swap any personally identifiable information that you give us with any other third party, except with contractors and related companies where they require your information to perform a business service on our behalf.

By using this site, you agree that you have been adequately informed of our privacy policy and that you consent to us collecting, using, and disclosing your personal information in accordance with this Policy.

We reserve the right at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Please check this Privacy Policy periodically for changes. Continued use of this site after any changes will mean that you have accepted those changes.