TERMS & CONDITIONS
PROMOTIONAL TERMS & CONDITIONS
Promotional Offer: Free Trial (Revised as at 20th February 2019)
- This promotional offer is valid for a limited time, as specified by Rhythm Factory.
- Rhythm Factory’s Free Trial is available to brand new students of each program only. A student who has already participated in a class within each of our programs, at any time, does not qualify.
- Free Trial refers to a single Rhythm Factory class, to be taken at any venue per program.
- To take up the Free Trial offer, students must preregister online at www.rhythmfactory.com.au and book in for their Free Trial class.
- In the event that you are not able to attend the free trial class you have booked, we ask that you please cancel the session in advance.
- We understand that sometimes unforeseen circumstances arise and that you may not be able to attend the trial class you originally confirmed. In this event, you are able to reschedule your free trial if you have notified us in advance.
- The Free Trial class must be age appropriate.
- Once their Free Trial Class is complete, students may enrol as a Rhythm Factory Member or alternatively attend Casual classes.
- No cash value, may not be sold.
- Limit one Free Trial per person, program.
- Rhythm Factory’s Standard Terms & Conditions apply. Further provisions may apply.
Rhythm Factory Standard Terms & Conditions (Revised as at 20th February 2019)
- Notice by email Any changes to terms and conditions will be notified in writing via email.
- 1. Membership – Ongoing – By enrolling as a Member – Ongoing with Rhythm Factory (via online, over the phone or by completing our Direct Debit Authorisation Form), you have agreed and are bound to Rhythm Factory’s regular 4 week payment cycle, which will occur automatically via direct debit. The first direct debit will serve as prepayment for the initial 4 weeks and continue on an ongoing basis, until cancellation in writing is received with 4 weeks’ notice (refer ‘5. Departure’). Student membership automatically rolls over to the next calendar year. Refer to Promotional terms of purchase at time of sale. Refunds are not provided.
- 2. Membership – Term Only – By enrolling as a Member – Term Only with Rhythm Factory (via online, over the phone or by completing our Direct Debit Authorisation Form), you have agreed and are bound to enrolment for the Term specified. Refunds are not provided.
- 3. Casual Attendance – Casual attendance is offered for every class. Every casual class attended requires a new Casual Participation Form to be completed in class, prior to payment. Payment must be before class by booking and completing payment online or by completed a Casual Class Payment form at class on the day, prior to participating in the class. Refunds are not provided.
- Sibling Discount Sibling discounts apply only to siblings i.e. brothers or sisters. This excludes cousins or other extended family members. The discount is always applied to the youngest sibling/younger siblings. The sibling discount will be amended to reflect the current number of siblings enrolled at each given time. Sibling discounts only apply to Members – Ongoing or Members – Term Only and not to casual classes.
- Participation Participation in Rhythm Factory’s program is subject to full payment being received in advance. If any amount payable for your enrolment is not paid on the due date, for example due to insufficient funds or incorrect personal details, participation in the program will not be allowed until such time as the payments are up to date, and payments will continue to be charged during this time. An administration fee of $10 may apply to each returned payment.
- Departure An enrolment can be cancelled at any time during the 4 week payment cycle, with a 4-week notice period required. Request to cancel must be received in writing via the email address on this website) and parents should expect confirmation within 4 business days. Should confirmation not be received, parents should assume the request to cancel was not received by Rhythm Factory and contact the office immediately. Following confirmation, the student’s last 4 classes after the cancellation date must be paid for.
- Enrolment Enrolment with Rhythm Factory means a student has taken up either a Membership – Ongoing or a Membership – Term Only and has nominated which Day and Venue they will be attending.
- Age Appropriate Classes Each Rhythm Factory Program has specific age groups for that program.
- Rhythm Factory Mini’s Program age groups: Pitter Patters (confident walkers from 18 months – 2 years 6 months), Roly Polys (2 years 6 months – 3years 6months years), Giggly Wigglys (3 years 6 months – school age).
- Rhythm Factory Juniors Program age groups: Boogie Bugs (5years – 7 years) , Funky Monkeys (8years – 10 years old).
- Tutu Cute Ballet Program age groups: 3.5years – school age.
Students will be allocated an age appropriate group and must only attend classes for this group until they have been accepted to move up to the next group. Rhythm Factory reserves the right to allow or restrict access to a class, if a student falls outside of the specified age bracket.
- Student Profile Each student is required to have an Online Student Profile, which includes their date of birth.
- Enrolled Class At the time of enrolment, every student must select the class they wish to attend attend every week. Students can change their Enrolled Class at any time (subject to availability in the new Class) by notifying us via the email address on this website.. As classes attended must be age appropriate, a student’s Enrolled Class must change once they fall outside of that class’s age bracket.
- Make-up policy If a student misses their enrolled class (and a suspension is not in place), they are able to attend a makeup lesson at one of our other classes (must be age appropriate) Ideally notice of which class you would like to attend as your makeup class will be given either via the email address on this website or by calling us on the phone numbers provided on this website. Refunds are not provided for missed classes.
- Cancelled classes On occasion, Rhythm Factory may need to cancel a class (e.g. due to staff illness). If this occurs and your Enrolled Class if effected, you will have the option to attend another class with us at an alternatively venue/day or we will apply a full class credit to your next direct debit. Credits or refunds will not be provided under any other circumstances.
- Suspension policy for Members – Ongoing In the case of a planned leave of absence (e.g. family holiday), students may suspend their direct debit payments for a specified period of time (up to a maximum of 6 weeks). 4 weeks’ notice is required prior to the start of suspension and direct debits will automatically be reinstated after the duration of the suspension.
- Class timetable Every effort will be made to adhere to the published timetable, however Rhythm Factory reserves the right to change, consolidate or alter sessions as necessary.
- Class Size Rhythm Factory reserves the right to restrict the size of a class and close it to additional students
- Teacher changes Rhythm Factory reserves the right to alternate teachers when required. Every effort will be made to provide a regular teacher for each specific class, however this cannot be guaranteed and replacement teachers will be used as necessary.
- Venue changes Rhythm Factory reserves the right to relocate classes to different venues as required, from time to time.
- Change of details You must keep Rhythm Factory informed of any change of address or email, contact numbers, bank account and credit card details for payment and any other information relevant to your enrolment.
- No refunds All payments are non-refundable and non-assignable, except where required by your statutory rights.
- Supervision and personal injury Children must not be left at the venue without active parent or guardian supervision. Parents and guardians are responsible for the well being and care of their child and must administer any first aid they may require. Although Rhythm Factory will take all due care, in the event of accidents no responsibility will be accepted.
- Communication Rhythm Factory will communicate with you primarily via digital means (such as mobile text, digital media or email). Should a Home Class be cancelled or delayed for any reason, a text message will be sent to the contact mobile phone number provided. Should a customer opt out of marketing communication this message cannot be sent. It is members’ responsibility to refer to the Rhythm Factory website for any timetable changes which may occur.
- Photography By attending our classes, you give permission for the staff or those authorised by Rhythm Factory, to photograph or video your child for training and promotional purposes. These photos and/or footage may be used in future advertising and posted on digital media. Parents and friends of students present in class are also permitted to take photos or video footage. Should a parent not wish for their child’s image to be featured by Rhythm Factory in promotional campaigns, the parent must notify us in writing via the email address on this website. Casuals are not eligible to opt out.
- Public Holidays, School holidays and Company Holiday Classes will not be held during public holidays, school holidays (unless otherwise stated) and Rhythm Factory closes over the Christmas/New Year period. End of years dates of closure will normally be published by end September. On occasion, venues may be closed for a week due to staff annual leave, in the event that a substitute teacher cannot be found. Every effort will be made to give 4 weeks’ notice of this occurring and your direct debit payment will be adjusted accordingly.
- The Ezidebit DDR Service Agreement (Ver 3.1) forms part of these Terms & Conditions.
DDR Service Agreement (Ver 1.3)
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User 10 number 165969) (herein referred to as “Ezidebit” to make periodic debits on behalf of the “Business” as Indicated on the attached Direct Debit Request (herein referred to as “the Business”).
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit request and this DDR Service Agreement) and has no express Of implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.
Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit jf:-
(1) there Is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request Is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
l/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Buslness. l/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement Including varying any of the terms of the debit arrangements between us.
I/We acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements.
I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. lf no resolution is forthcoming, I/We agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. l/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re -process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain in fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
You appoint Ezidebit as your exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement). You irrevocably authorise Ezidebit to take all necessary action (which we deem necessary) to protect your personal information, including (but not limited to) prohibiting the release to or access by third parties without our consent.
You hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on our written request.
Credit Card Payments
I/We acknowledge that “Ezidebit”- will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. IMe acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse
Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
- a) Ezidebit to verify details of my/our account with my/our financial institution; and
- b) my/our financial Institution to re lease information allowing Ezidebit to verify my/our account details
Po Box 3327
Newstead, QLD 4006
Ph: (07) 31245500 Fax: (07) 3124 5555