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TERMS AND CONDITIONS OF ATTENDANCE AT ALL KIDS UNLIMITED PROGRAMS

The terms and conditions (Terms) relate to the Service (as defined below) provided or to be provided by Team Holiday Pty Ltd ACN 155 258 227 trading as Kids Unlimited (Kids Unlimited, we, us or our) to you. Please read these Terms carefully as your use of our services is subject to these Terms. Use of your or your children’s personal information submitted or collected during the course of the services is governed by our Privacy Policy https://ku.zone/privacy.

By ticking the “accept” box on the registration page, you agree to be bound by these Terms and our Privacy Policy. We reserve the right to change these Terms from time to time.

GENERAL

  • You approve of your child’s involvement in Kids Unlimited coaching program, Holiday Program or tournament, hereafter referred to as the “Service”, and have read all conditions in this document
  • You give permission for your children to participate in activities organised for the days your child will be attending
  • You acknowledge that the employees or contractors of Kids Unlimited (as applicable) (KU Representatives) are responsible for the supervision of your child for the duration of the session
  • If the session takes place within a school Kids Unlimited is responsible for the supervision of your child until teachers take over supervisory duties or until supervision is handed over to the adult nominated as responsible for the supervision of the child (after school hours activities).
  • You authorise KU Representatives, in the event of accident or illness, to obtain all necessary medical assistance and treatment for your child and agree to meet any expenses attached to such treatment.
  • You acknowledge that your child will not attend the Service if suffering from any infectious or communicable disease as identified by the Department of Health from time to time.
  • Except as otherwise expressly required by law, Kids Unlimited does not accept any liability for personal injury, property damage or loss sustained by any participant as a result of his or her participation at the Service due to any cause whatsoever unless caused by the proven negligence of Kids Unlimited, its Directors or employees.
  • (You may Opt-Out of this clause by advising us by email if you do not wish your child to be photographed). You provide permission for Kids Unlimited to capture photographic or video images of your child during the course of an event or class.
    • You agree that all rights to these images, sounds or text are the sole property of Kids Unlimited and make no claim over them.
    • You give permission for any images captured (with first-name identification) to be used in school and parent reporting, published on our website or in news media (newspaper, TV etc).
    • Photographic images or videos captured will NOT be used on any Social Media sites unless we obtain your prior consent.
  • You authorise KU Representatives to apply sunscreen to your child in the event that activities are taking place outdoors
  • You understand that if your child continuously demonstrates inappropriate behaviour after guidance procedures have been followed, You will be notified and your child may be removed or suspended for a period to be determined or excluded permanently from the Service.
  • All fees must be paid in advance by EFT or Credit Card.
  • You understand that Kids Unlimited may charge an Overdue Account Fee of $20.00 for each billing period (month) that your account remains unpaid.
  • No refunds will be provided once a program has commenced. Program duration is generally defined as a School Term.
  • A refund will be provided if a booking cancellation request is received in writing 7-days prior to the program starting, less a 20% administration fee. You acknowledge that the administration fee is our genuine pre-estimate of the costs incurred processing refunds and for missed bookings.
  • No refunds will be provided for bookings cancelled with less than 7-days notice, which you acknowledge is our genuine pre-estimate of our costs for the missed bookings.
  • You understand that there are minimum numbers required for a program to proceed. Kids Unlimited reserves the right to cancel a program if there are fewer than 10 enrolments.
  • In the event any government restrictions (including any related to Covid-19) require a service to be cancelled, at the discretion of Kids Unlimited, enrolment fees will be credited on a pro-rata basis for the classes being cancelled, or an alternative service (eg online delivery) will be provided.
  • In the event of inclement weather outdoor classes will not be cancelled. Safety will remain the number one priority and an alternative space will be sourced where practicable. Ideally this will allow the program to continue as planned but may involve modifications.
  • In the event of Kids Unlimited cancelling a service, enrolment fees will be refunded on a pro-rata basis considering the number of classes the child has attended.
  • You agree to pay for all of the days your child is successfully enrolled in, regardless of whether your child actually attends. See our “missed classes policy” for absences.
  • A child’s attendance at 2 or more classes during a term constitutes an enrolment and full-term fees become due.
  • If for any reason an on-site class cannot be delivered, it will be replaced with an online class.
  • You acknowledge that it is impractical for KU Representatives to collect your child from class and escort them to the activity area. This is because of the number of children involved, the time it takes and the disruption it causes to regular school classes.

PICKUP AND SIGN-OUT POLICY

  • This policy applies to all services which conclude outside of school hours. It does not apply to before-school or lunchtime classes where children are released from our supervision into the supervision of your child's school. It applies to all holiday-program or afterschool sessions.
  • At the designated service finishing time, all children must be signed out by a parent or guardian.
  • You understand a late pick-up charge of $20.00 per 15 minutes (or part thereof) per child, applies after the Service finishing time.
  • You agree that any late-fees may be charged automatically to your account.
  • Kids Unlimited will attempt to make contact with parents, or the designated emergency contacts for a child, for 1 hour after the designated service finishing time. If Kids Unlimited cannot make contact during that time and a child remains uncollected after 1 hour, Kids Unlimited should contact the Police and You agree that we may release your child into the supervision and care of the local Police.

FINANCIAL INFORMATION

  • In order to maintain an active account with Kids Unlimited we require an active authorisation over a credit card.
  • Your credit card details will be stored by an industry leading Secure Payment Gateway.
  • Kids Unlimited has access only to partial information of your card (e.g. last 4 digits) and retains an authorisation to make further charges.
  • You may remove this card authorisation at any time through the ku.zone Parent Portal.
  • You will be notified by email every time a charge is added to your account or a payment applied. Your entire transaction history will be accessible from your KU.zone login.
  • Term fees will be automatically deducted after your child attends their first session in a term.
  • This is NOT an auto-debit; if your child does not attend their first session in a new term, you will not be charged.

MISSED CLASSES

  • We will endeavour to provide ‘make-up’ classes for students whose parents or guardians provide us with at least 24-hours notification prior of absence. Our preferred notification method is to email to [email protected].
  • A maximum of 3 ‘make-up’ classes can be provided in any school term.
  • Make-up classes will only be available online through our Virtual Centres and are subject to availability.
  • If no suitable times can be found or there is no availability in classes, then make-up classes will not be provided.
  • All make-up classes must be authorised, verbally or in writing, by a Kids Unlimited Representative prior to attending. If your child attends a session un-announced we reserve the right to refuse your attendance.
  • Absence from a class can be for any reason.
  • No ‘make-up’ classes will be provided for an un-notified absence.
  • No discounts will be provided or refunds given for missed classes.

TRIAL CLASS

  • We encourage students who are uncertain about their interest in a program to book a “Trial Class” prior to enrolling, given that enrolment fees are generally non-refundable.
  • There is no cost or obligation for attending a Trial Class.
  • In order to attend a Trial Class, parents must have an active KU.zone account, including providing us an authorisation over a credit card.
  • Kids Unlimited must approve your attendance at a class as a “Trial Class”.
  • Only one “Trial Class” per child, per calendar year is allowed.
  • Attendance at a second class is deemed as your agreement to an enrolment in that class and full fees will become due immediately.

EVENTS

  • All our event bookings are final, non-refundable and non-transferrable.
  • We do not accept duty-of-care over students at our events. We will endeavour to provide event organisers with a safe environment for students to participate, however, the full responsibility for the supervision and care of students remains with parents, carers or teachers.
  • Without limiting the above, parents who leave students unsupervised at events do so at their own risk.

PRIVACY

  • Please refer to our privacy policy at https://ku.zone/privacy (Privacy Policy) for information about our collection, use and disclosure of personal information. The terms of our Privacy Policy form part of these Terms.
  • You consent to Kids Unlimited collecting personal information about you and/or your children, including information that is considered to be sensitive. You consent and permit Kids Unlimited to use and disclose such personal information in accordance with the Privacy Policy for the purpose of carrying out its services (including the Service) and any related secondary purposes.

PRIVACY POLICY

This Privacy Policy provides you with information about how we collect, use and disclose your or your child’s Personal Information.

Definitions

Capitalised terms in this Privacy Policy have the meanings given below:

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable. It includes information such as a person's name, address, financial information, marital status, or billing details.

Privacy Laws means the Privacy Act 1988 (Cth) and all other laws in Australia (including without limitation in a State or Territory) that protect Personal Information about individuals handled by organisations.

Sensitive Information means a type of Personal Information that is considered sensitive under the Privacy Act 1988 (Cth). It includes an individual’s racial or ethnicity, religion and certain health information, such as an illness, disability or injury of an individual or a health service provided or to be provided to an individual.

Events, Classes and Tournaments

Who is collecting your Personal Information?

Team Holiday Pty Ltd trading as Kids Unlimited (Kids Unlimited, we or us) is the company collecting your or your child’s Personal Information. Our ABN is 18 155 258 227 and you can contact us by phone on 1300 424 377 or email [email protected] .

What Personal Information does Kids Unlimited collect?

The types of Personal Information that Kids Unlimited collects will depend on the events, classes and tournament enrolled.

We may collect Personal Information such as:

  • your and your child’s name
  • your child’s age and date of birth
  • your child’s gender
  • your contact details
  • your child’s attendance records
  • your child’s medical conditions and details of medical care needs

We will collect your and your child’s Personal Information directly from you, unless it is unreasonable or impractical to do so. Some of the ways in which we may collect the Personal Information, include through our Websites, via email, over the phone, in direct conversation with you, through a third person (such as a parent or guardian).

Why are we collecting Personal Information?

Kids Unlimited collects and uses Personal Information about you and your child primarily to supply you and your child with the products and services you order from us and our related companies (Team Holiday Companies). Kids Unlimited also collects and uses Personal Information for related (or secondary) purposes including:

  • billing and account management;
  • business planning, service improvement and product development; and
  • to provide you with information about promotions, as well as the products and services of Team Holiday Companies and other related organisations.

What are the consequences of not providing the information requested?

It is a condition of using Kids Unlimited’s products and services that you provide information requested and consent to our partial disclosure as detailed in this document. If you wish to participate in any of our events, activities or purchase a product or service, but have concerns about the collection or use of your or child’s Personal Information please contact us on 1300 424 377 – wherever practical we will try to address those concerns to enable your use of our products and services.

Who will we disclose this information to?

Kids Unlimited may disclose Personal Information (which may include Sensitive Information) about you or your child (for the purposes set out in this document) to:

  • any of the Team Holiday Companies;
  • Kids Unlimited’s employees, agents, dealers, contractors and franchisees;
  • Kids Unlimited suppliers who need access to the Personal Information to provide us with services, enabling Team Holiday Companies to supply you with the products and services you have ordered;
  • joint venture partners of the Team Holiday Companies or any of them; and
  • If required by law, to any person or body authorised by such law.

Some of Kids Unlimited’s employees, agents, dealers, contractors and franchisees may be based overseas or use overseas infrastructure to perform services for us.

Unless you have given us your consent, Kids Unlimited will only disclose your and your child’s Sensitive Information for the primary purpose for which the Sensitive Information was collected, or for a secondary purpose that is directly related to purpose of collection.

Unless you advise us otherwise by email, player lists and results of our events, including your child’s name, the school your child attends and possibly an implied year of birth, will be released to the public domain via print publications and/or one of our websites.

We (or a 3rd party authorised by us) may capture photographic or video images of you or your child at the event you participate in. Unless you advise us by email that you do not wish your child to be photographed, you agree that all rights to these images, sounds or text are the sole property of Team Holiday and you make no claim over them and these images, photos or text (perhaps with first-name identification) may be published on our website or in news media (newspaper, TV etc). By entering this event you consent to our disclosing your Personal Information in this way.

Financial Information

We use third party payment processing companies ("Payment Processors") who collect and store financial information, such as your payment method (valid credit card number, type, expiration date or other financial information), and their use and storage of that information is governed by the Payment Processors' applicable terms of service and privacy policies. Collected billing information is used for the purposes of processing billing payments and fraud detection.

When and how can you opt out?

If you:

  • do not wish to receive communications other than account-related or legally required (eg. promotional materials); or
  • do not wish for us to collect your or your child’s Sensitive Information;

you may make a request to opt-out at any time by contacting our customer service line on 1300 424 377. If you provide Kids Unlimited with an opt-out request, we will activate your request as soon as reasonably possible after receiving it. Kids Unlimited will not charge you for processing a request to opt-out. You acknowledge that if you request to opt-out, we may not be able to provide you or your child with the same type or quality of products or services that we would otherwise be able to provide with the opted-out information, and you accept all liability for any risks associated with us not being able to collect such information from you. If you do not contact us to opt-out, by using our products and services, you consent to our collection, use and disclosure of your and your child’s Personal Information, including any Sensitive Information.

This Privacy Policy may change from time to time particularly as new regulations are introduced. You are advised to review http://ku.zone/privacy periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted.

Websites

Please read for information on privacy safeguards on our web sites. This includes information as to how we collect, use and disclose information gathered on our web sites, including the use of cookies.

What Personal Information does Kids Unlimited collect?

The types of Personal Information that Kids Unlimited records will depend on your usage of our sites www.kidsunlimited.com.au and www.ku.zone (Websites). If you carry out a transaction online or send us an email, we will record information that may differ from the information collected if you simply visit our Websites.

i) Purchasing products or services.

If you purchase products or services or apply to become a Kids Unlimited customer, Kids Unlimited requires you to provide certain details so that we can establish an account and provide you with the product or service. To establish an account, we will request details including your name, your child’s name, contact information and details of an emergency contact, or in the case of businesses, information about the company, department or association making the purchase or setting up the account. Kids Unlimited requires this information to help us process and manage your account. To be enrolled in our services, Kids Unlimited will also collect details of the child to be enrolled, including the name, gender, date of birth and year level and the school attended. Kids Unlimited may also collect Sensitive Information about the child including any medical conditions and details of any medical care needs. We collect this information because it is necessary for delivering our services and ensuring the well-being, protection and development of the child. We may also need to collect this information when required or authorised under national or state laws relating to the regulation of education, child protection and care services in Australia. If you purchase a product or service Kids Unlimited also requires your credit card details in order to process the purchase. We may also request information about you in order to help you decide which product or service would best suit your needs.

ii) Paying your account online or making other enquiries about your account.

If you pay your account online, Kids Unlimited requires you to provide your account details and credit card details in order to process the payment. If you make an online query about your account, you will be required to provide your account details, password and contact details so that your inquiry can be resolved as soon as possible.

iii) General requests.

You can use the online forms for a number of other purposes such as to request further information about other products and services. In order to process your request, we will require you to provide us with certain Personal Information. This includes such details as your name and contact information and information about any existing account. If you send us an email request, we will ask for similar information. We require this information to process your request and to improve the services we provide to you.

When you are carrying out a transaction or simply making a query, Kids Unlimited may also ask for information such as details about yourself or your company so that we can better tailor services to your needs and provide you with information about a range of services you might be interested in.

Kids Unlimited may also conduct voluntary surveys or request other voluntary information from time to time. These surveys provide us with important information that enables improvement in the types and quality of services offered and the manner in which those services are offered.

iv) Navigation Information

Each time you visit the Websites, anonymous navigation information is collected by our servers. This information includes:

  • the type of browser and operating system you are using;
  • the address of the referring site (i.e. the previous site you had visited) and the website you leave our site to visit;
  • the date and time of your visit;
  • your server’s IP address (a number which is unique to the machine); and
  • the address of the pages you accessed.

This provides Kids Unlimited with information about how the Websites are used and navigated, including the number of hits, the frequency of visits and the duration of visits to each web page on the site. It does not personally identify individual users.

In addition, the Websites, like many others, uses cookies. A cookie is a piece of information that the website sends to your browser and which is stored on your hard disk. A cookie helps to identify your browser to the website when you return to visit the site and identifies the previous requests your browser has made. This allows the site to be tailored to you on your return visits. Cookies cannot identify you personally. If you do not wish to receive cookies it is likely that you can disable their use by altering the security settings on your web browser however this may impede your ability to use parts of the site. Your web browser might also contain a mechanism that warns you that a site you are visiting makes use of cookies.

What Happens with Your Personal Information?

The Personal Information collected from you is or may be used:

  • for billing purposes;
  • to maintain your account;
  • to notify you about other or new services or promotions from time to time;
  • to provide customer support;
  • in order to provide you and your child with the products, services or information you have requested.

Aspects of these functions may be outsourced to third parties who are only authorised by Kids Unlimited to use this information for these purposes. Kids Unlimited may also use its customer database, including information provided by you, to distribute information about other related services and other organisations’ services to you.

Information collected on the Websites may also be combined and de-identified to provide Kids Unlimited with anonymous demographic and usage information. Kids Unlimited can then use this aggregated information to develop new and/or more appropriate services and products to offer to customers and may also be provided to third parties.

In addition, anonymous navigation information may be used for statistical analysis of the Websites, for marketing purposes and to tailor the content of the Websites to the needs of our customers. Statistical information is not disclosed in connection with your Personal Information.

Access, Correction and Complaint

Once you have registered as a Kids Unlimited customer, you may access your account details and correct your and your child’s Personal Information, by contacting our customer service team. If you are not a customer of Kids Unlimited, you may still request access to any Personal Information we may have collected from you. You can lodge an access request with customer service at any time as per the details at the end of this Policy.

If you believe we have breached our privacy rights at any time, please send us an email as per the details at the end of this Privacy Policy so our we can investigate and respond to you. All such enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.

Are personal account details safe when being transmitted?

We strive to protect your and your child’s Personal Information during its transmission. Customer account information provided through the Websites is held in a secure server environment behind appropriate security and firewall protection.

Kids Unlimited’s secure server software (SSL) encrypts all of the Personal Information, including your name and address, so that it cannot be read as the information travels over the Internet. However, while Kids Unlimited maintains high standards in protecting your security, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secure.

Are personal account details stored safely?

Kids Unlimited takes reasonable steps to ensure the security of Personal Information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure of data. Kids Unlimited only permits your details to be accessed by authorised personnel.

Links to other sites

Kids Unlimited provides links on its Websites to other sites. These sites may have different privacy policies than those of Kids Unlimited and you are advised to check the privacy policies on those sites.

Contacting Kids Unlimited

We are concerned to ensure that your Internet experience is a safe and enjoyable one. If you have any questions or comments about this Privacy Statement you can contact Kids Unlimited at:

Kids Unlimited customer service on:

Telephone: 1300 424 377

By email: [email protected]

By mail: 1-3 Lakewood Boulevard, Braeside, Victoria 3195.

Changes to this Privacy Policy

This Privacy Statement may change from time to time particularly as new industry codes are introduced. You are advised to review http://ku.zone/privacy periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted.

This Policy was last updated on 7 June 2023.

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