T&C

SWISH FACTORY

MEMBERSHIP TERMS AND CONDITIONS

THE REALLY IMPORTANT STUFF

Welcome!  These are the terms and conditions that set out how we deal with you, what you can expect from us, and importantly, what you shouldn’t expect from us.

If you are under 18 years old, then great – the Swish Factory is as much for you as for over 18s, but we will need your parent or guardian to read the information, register your membership and agree to these terms and conditions, on your behalf.

We ask a number of questions about health conditions you may have that we should know about.  It is really important that you tell us this information and keep it updated, so that we can act properly in an emergency.

That said, we aren’t doctors or physios.  We have provided what we think are pretty good facilities and programmes, but the rest is up to you.  Make sure you are in good health to take on your chosen activities and programmes.

See our full Membership Terms and Conditions below, and our full Privacy Policy here.

1. Agreement

You need to be a registered member to use the Swish Factory.  When you click [I agree to the Membership Terms and Conditions] you are confirming that:

1. you agree to comply with these Ts&Cs;

2. you agree that we can collect, store, use and disclose personal information in accordance with our Privacy Policy; and

3. you are 18 years old or more, or the parent or guardian of a Member who is under 18 years and you are able to agree to these Ts&Cs on their behalf.

If you do not agree to these Ts&Cs, you must not register as a Member and you will not be able to use the Swish Factory

2.Changes

We may change these Ts&Cs at any time by uploading the changes to the Website.  Each time you use the Swish Factory you are confirming that you agree to the updated Ts&Cs.  You are responsible for ensuring that you are aware of the current Ts&Cs. 

These Ts&Cs were last updated on:  6 April 2019.

3. Definitions

Booking Form means our online Booking Form, which you can access here.

Fees means the fees set out on our Fees page, which is found here.

Member means a registered member with the Swish Factory.

Privacy Policy means our Privacy Policy, which is set out here.

Swish Factory, we, us or our means Swish Factory Limited, a company incorporated under the laws of New Zealand, company number 6730713.

Ts&Cs means these Membership Terms and Conditions.

Website means the website at http://www.theswishfactory.com or any replacement site

4. Benefits and bookings

Your membership gives you access to the Swish Factory facilities and other benefits, as described in more detail on our Website.  Normal use of the facilities is included within the monthly Fees, but any programmes we run are at additional cost.  To use the facilities, or join any programme, you need to book your session through the Booking Form.  Sessions are subject to availability and cancellation fees apply.   

5.Code of Conduct

Actually, there isn’t one (yet).  We’d rather leave this to common sense.  In short, when you use our facilities, don’t act in a manner that could harm someone or something, interferes with any other person’s enjoyment of the Swish Factory or makes us have to write a proper Code of Conduct

6. Health and safety

By law, we have to take reasonable care to keep you safe while you use our facilities.  To do this, we do things like regular equipment inspections (including sprinkler system checks), background checks on coaches who run our kids’ programmes and have policies and procedures on what to do if someone has an accident or other incident while at the Swish Factory.

You also have a responsibility to take reasonable care while using our facilities.  Every time you use our facilities you are confirming that you are fit enough to take on the activities you have chosen to do.  If you have any concerns or questions about whether you should take on any of our activities, you should consult your doctor.

You must ensure that the information you provide to us about your health is accurate and up-to-date

7. Fees, payment and cancellation of bookings

• You need to pay the Fees monthly in advance to maintain your membership. This means you must ensure you have sufficient funds in your bank account so we receive your cleared payment by the start of the next month of your membership.  Our bank account details for setting up automatic payments is on the Fees page here.

1. You need to pay any additional Fees for our programmes at the time of booking.

2. You can cancel your booking via the Booking Form, but cancellation Fees may apply.  See the Fees page for more information. 

8. Trade marks and other intellectual property

The Swish Factory name, logos and other trade marks that we use are owned by the Swish Factory.  You cannot use any of these without our permission.

Our programmes are owned by the Swish Factory.  You can use these only as part of receiving your benefits as a Member.  You cannot use them outside of the Swish Factory for any other reason e.g. to run your own Swish Factory-type programmes.

9.Privacy

Our full Privacy Policy is here.  It sets out how we collect, store, use and disclose personal information that we collect about you, and your rights in connection with this

10. Warranties

We have provided our facilities and programmes in the hope that they are a useful and fun tool to improve your ball-shooting skills.  We do not, however, provide any warranties that our facilities or programmes are fit for any particular purpose. 

You may have rights under the Consumer Guarantees Act 1993, and our exclusions and limitations of liability do not affect these rights

11. Our liability

• While we have taken all care to ensure our facilities are safe, you are responsible for your own health and safety.  Please use common sense and let us know if you become aware of any equipment malfunctions or safety hazards.

1. We do not accept any liability for any loss, damage, cost or expense, or injury to yourself or your property, that you incur – unless the law requires us to do so.

2. Where the law requires us to accept liability, and we are able to limit our liability, our maximum aggregate liability to you is limited to the total fees you have paid to us in the last 6 months, or $500, whichever is greater.

12. Your liability

You will be liable for any loss, damage, cost or expense that we incur as a direct or indirect result of your failure to comply with these Ts&Cs or your negligence.

Please note that even if our insurer compensates us for any loss we incur from your actions, our insurer may look to recover their losses from you.  We do not have a say in this

13. Termination

You may end your membership at any time by emailing us at support@theswishfactory.freshdesk.com.  We may end your membership at any time by emailing you at the email address you have provided to us.  In either case, your membership will continue to the end of the month you have paid for and then automatically end.  You will no longer be able to use the Swish Factory.

We may terminate or suspend your membership immediately on emailing you where you:

1. have not paid any Fees by the date for payment;

2. we have reason to believe you have failed to comply with these Ts&Cs; or

3. we have reason to believe you have acted in a manner which:

   1. causes some risk to the health or safety of any person;

   2. causes some risk of damage to property; or

   3. interferes with any other person’s enjoyment of our facilities.

• General

  1. Notice:  We may contact you via email or by posting a notice on the Website, and you agree that this satisfies all legal requirements for giving notices.

1. Severability:  If any part of the Ts&Cs is unenforceable, then it is to be modified as needed so as to be enforceable.  If it cannot be made enforceable, it is to be severed, but the other Ts&Cs remain valid and enforceable.

2. Waiver:  No waiver by the Swish Factory of any right under these Ts&Cs is effective unless in writing and signed by us.

3. Entire agreement:  These Ts&Cs, our Privacy Policy and any other terms we have referred to set out all of the agreement between you and the Swish Factory in connection with your membership and your use of our facilities.

4. Laws:  These Ts&Cs are to be interpreted in accordance with New Zealand law.