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Direct Debit Terms & Conditions
Direct Debit Terms & Conditions
ACN 096 902 813 | AFSL 315388
DDR Service Agreement (Ver 1.8)
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (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 or 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 if:-
there is a public or bank holiday on the day of the debit, or any day after the debit date;
a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.
I/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 Business. I/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. If 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 of up to $11.90 is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my/our 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 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.
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.
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.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and
my/our financial institution to release information allowing Ezidebit to verify my/our account details.
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555
DDR Service Agreement (Ver 1.8)
Zap Memberships Terms & Conditions
Membership Terms and Conditions - SOUTH AUSTRALIA
Terms & Conditions
The Member agrees to abide by all membership regulations, this agreement and to comply with expressed and/or customary rules for participation and use of equipment and the facility. Unless cancelled, as provided in this agreement, the Member will be responsible for all payments due and owing under this agreement, even if there is no use of the facilities and services. In the event of death or disability, liability for fees will terminate at the date of death or disability. If the facility becomes temporarily unavailable due to events such as fire, flood, loss of lease or the like the Proprietor will extend the Member’s privileges for the same period as the facilities were unavailable.
Assumption of Risk and Release
The Member acknowledges that there may be a significant risk of injury arising from the use of Club Facilities and/or equipment and/or other activities of the Proprietor and that such injury may include significant disablement or harm and paralysis. The Member acknowledges and freely accepts all such risks both apparent and non apparent and acknowledges that the facility is an unsupervised fitness club. The Member agrees to assume all risks associated with using exercise equipment and exercising without supervision and without the aid or presence of staff members on the premises. The Member hereby releases, indemnifies and hold harmless the Proprietor, its employees and officers and affiliates and agents and other Members in respect of any injury, disability, death, loss or damage occasioned to the Member or to the Member’s property whether arising from the negligence of any of the releasees or otherwise that may arise out of or in connection with the Members’s use of the equipment and/or the facilities or any incident that occurs while the Member is using the Club’s facilities or engaging in Club activities whether on or away from the premises of the Proprietor or otherwise related to this membership except in regards to any rights the Member may have arising under the Trade Practices Act 1974.
The Member expressly agrees that the release is intended to be as broad and inclusive as permitted by the laws of Tasmania and if any part of this release and indemnity is held invalid the balance of the release and indemnity shall remain in full force and effect. The Member agrees that the release shall apply to his/her heirs and assigns and in the case of any family membership to any minor included in the membership application on whose behalf the Member signs as parent and/or guardian. The Member acknowledges that the Proprietor is relying on this release in agreeing to enter into this agreement.
This facility is under 24 hour recorded video surveillance. Member access to the facility by use of the key is logged.
Members may not bring guests into the facility at any time without prior written consent of the Proprietor. If the Member breaches this condition the Proprietor may charge the Member a guest fee and/or may suspend or cancel the membership of the Member and may impose a penalty of up to $250.00.
The Member must not allow any other person to use the Member’s key and must advise the Proprietor immediately the Member’s key is lost or stolen, in breach of which the penalties as referred to above apply.
A Member who does not have a key at the time of entry into the facility is not entitled to enter the facility during non-staffed hours and must not expect any other person to permit the Member entry.
Personal training services provided in the facility may be provided either by the Proprietor or it employees or independent contractors in operation of that contractors own business. No other personal training may be conducted on the premises.
All Members have access to a free orientation session including advice on the proper use of facility and equipment. It is the Member’s responsibility to request this orientation service.
Each Member must wipe down equipment and rack up any weights used.
Members are required to use the safety facilities provided on equipment. Any Member unsure of the use of equipment must obtain instruction from the Proprietor or a personal trainer. The Member is responsible understanding how to operate the Police and Ambulance emergency buttons in the facility and agrees to use the Police and Ambulance emergency buttons only in the case of emergency. A $250.00 penalty may be imposed for misuse of the emergency buttons.
Unruly behaviour, vulgar language or improper use of equipment in the facility or being present in the facility while intoxicated, whether as a result of alcohol or drug ingestion, or other inappropriate behaviour is not permitted and may result in the suspension or cancellation of the Member's membership without any entitlement for refund.
No Member is permitted to photograph or video any person or activity in the facility.
Persons under the age of 18 years are not permitted to use the facility, unless a parent/guardian has assumed personal and financial responsibility requiring both parties' signatures on the time of signing the membership agreement form. Minimum entry age is 16 years & above.
The Member permits the use of personal details.
Right to Cancel
A Member may cancel this agreement by giving four (4) weeks notice and completing and signing a "Notice of Cancellation” form in person at the relevant ZAP Club during staffed hours. A phone call or email is not considered an acceptable form of notice of cancellation. To take effect the cancellation must be received no later than 6pm on the Tuesday before the fortnightly direct debit.
In the event that the Proprietor operates additional facilities of this type the Member may request and the Proprietor may permit the usage of membership to such other permitted facility on the same terms and conditions as this agreement provided that there are no outstanding payments due by the Member under and by virtue of this agreement. Key Access to other ZAP clubs may be available after a four (4) week qualifying period.
Prior to any exercise, any complimentary usage of the facility needs to be at the discretion of the Proprietor. All complimentary time at the facility must be during staffed hours. It is the Member’s responsibility to complete a casual waiver form prior to any exercise.
Transfers are not permitted.
Appropriate gym attire must be worn in the facility at all times. Sports shoes are compulsory. Work boots, street shoes, thongs and open-toed sandals are not acceptable. Jeans and drill trousers are not permitted. No hoods are to be worn over the head or face on entry or in the Club. The Proprietor and staff have the right to refuse entry to any Member inappropriately dressed.
Members may not affix any advertising nor otherwise advertise in the facility.
Membership Direct Debit
The Member is liable to pay an additional fee of $10 in the event that details provided are incorrect, including change of account, insufficient funds or otherwise. The Proprietor reserves the right to deactivate the Member's access key until payment is made. In the event of default of the membership payments, the Member agrees to pay all costs of collection including agency fees and any legal costs incurred in the recovery of the outstanding amount.
The access key remains the property of the Member in the event of cancellation. The access key is able to be reactivated subject to a fixed fee within a year of deactivation. Access keys are non-refundable.
Any dispute arising under this agreement shall be for determination pursuant to the provisions of the Commercial Arbitration Act 1986.
The Proprietor reserves the entitlement to close the facility and not permit access thereto by a Member for two weeks in each calendar year for maintenance purposes.
Consent to charge fees.
By providing a credit card number or bank account at the time of joining, the Member expressly consents to the Proprietor charging all fees and charges in respect to the membership to the provided credit card or bank account.