Terms and Conditions of Learn-to-Swim Promotion
1. Any Active Kids Voucher is non-transferable and non-refundable. That is, the Active Kids Voucher must be used only by the child on the voucher and for our learn-to-swim program only.
2. Any Active Kids Voucher must be used for term 3 or term 4 in 2020. The voucher expires December 31, 2020.
3. The Active Kids Voucher is a credit towards the Learn to Swim program for Term 3 or 4 specifically for the child named on the Active Kids voucher then it is compliant. It is in effect an early registration or resumption of that eligible child’s swim program.
4. The promotion must comply with all terms and conditions of the Active Kids Program (see below)
Active Kids Recipient Terms and Conditions
Terms and Conditions for application and use of an Active Kids Voucher
1.1 The following definitions apply to these Terms and Conditions:
a. Authorised Agent means a person over the age of 18 who has been authorised by the parent, guardian or carer of the Eligible Child to provide required personal information and apply for a voucher on behalf of the Eligible Child.
b. Department means the Office of Sport NSW
c. Eligible Child means a person who at the time of application:
· is between the ages of 4.5 and 18 (inclusive);
· is enrolled in K-12 school, is home-schooled or secondary school education at TAFE NSW or equivalent;
· is a resident of NSW; and
· holds or whose parent, guardian or carer holds a valid Medicare Care Card with the child’s name on it.
d. Eligibility Criteria means the criteria to be eligible to apply for a Voucher as outlined in clause 3.1.
e. Parent, guardian, carer means the parent, guardian or carer of the Eligible Child (also referred to as 'you' in these terms and conditions).
f. Program means the Active Kids program administered by the Department.
g. Registered Provider means a sport or recreation organisation that has been approved and is currently listed as a registered provider for the Program.
h. Registered Activity means an approved sport or physical activity being delivered by a Registered Provider for the Program.
i. Voucher means a voucher issued to an Eligible Child under the Program for a value of up to $100, for membership and/or participation fees which can be redeemed with a Registered Provider or Active Recreation Provider.
2.1 These Terms and Conditions apply to the application for and use of a Voucher under the Program.
2.2 An Eligible Child’s eligibility to participate in the Program is subject to the parent, guardian, carer or Authorised Agent’s compliance with these terms and conditions.
2.3 These terms and conditions apply without limitation to or from the Terms and Conditions applicable to a Registered Provider.
3. Eligibility Criteria
3.1 To be eligible to receive a Voucher, a child or young person must:
a. be an Eligible Child with a valid Australian Medicare Card;
b. not have been issued with two Vouchers in the current calendar year; and
c. have complied with the terms and conditions of any Voucher issued in the previous and current calendar year, if any.
4. Obligations for parent/guardian/carer applicants
4.1 In applying for a Voucher, you agree that:
a. you are the parent, guardian or carer of the Eligible Child;
b. the Eligibility Criteria are met;
c. all the information provided in the application process is true and correct; and
d. you will comply with these Terms and Conditions.
4.2 You can only redeem a Voucher with a Registered Provider. The Department will not honour Vouchers redeemed with an individual or organisation that is not a Registered Provider.
4.3 If you receive a Voucher, you agree to only use the Voucher to pay costs towards membership and/or participation fees of the Eligible Child with a Registered Provider. The Vouchers must not be used for the costs of any other individual or associated items not covered by the membership and/or participation fees, including but not limited to jerseys, boots, playing equipment and travelling costs.
4.4 You acknowledge and agree that:
a. if the membership and/or participation fees are more than $100, the Department will not be required to pay the difference to the Registered Provider;
b. if the membership and/or participation fees are less than $100, the Department will reimburse the Registered Provider for the membership and/or participation fees only. Any balance is not redeemable in cash or towards the membership and/or participation fees for another Registered Activity;
c. the Vouchers are not exchangeable or redeemable for cash;
d. the Voucher is not transferable under any circumstance and can only be used for membership and/or participation fees for the Eligible Child named on the Voucher prior to the expiry date;
e. if the Voucher is not redeemed with a Registered Provider by the expiry date stated on the Voucher, then the Voucher expires;
f. the Department may, at its absolute discretion, permit redemption of vouchers beyond the expiry date as specified on the Voucher;
g. notwithstanding clause 4.4.f, the Department will not permit any redemption beyond 30 January of the year following the expiry date as specified on the Voucher.
h. that you will only use one Voucher per Eligible Child against a single program of activity by a Registered Provider.
i. you may request in writing to the Department for a Voucher to be withdrawn in extenuating circumstances. 'Extenuating circumstances' may include injury, illness or where the Registered Provider has not fulfilled their obligations under the Terms and Conditions of the Program. 'Extenuating circumstances' does not include change of mind, preference or availability of, a particular program. You may be asked to provide the Department with evidence to determine if 'extenuating circumstances' exist;
j. you will receive notification from the Department whether your request to withdraw a Voucher is approved and if approved, you will retain the confirmation provided by the Department;
k. if approved under 4.4j. above, after receipt of the written confirmation and within the calendar year the request to withdraw a Voucher is made, you can submit a request for a replacement Voucher.
l. you are responsible for making your own enquiries with the Registered Provider to discuss membership and/or participation with the provider you are interested in joining to find out team availability, any additional costs, times for training/playing, membership restrictions, and other membership requirements;
m. you will still be required to complete and comply with the Registered Provider's membership/participation processes, rules and regulations;
n. Vouchers can only be used to pay for membership and/or participation fees of a Registered Provider joined after the date of issue of the Voucher;
o. once a Voucher has been collected by the Registered Provider, the parent, guardian, carer or Eligible Child is not entitled to a refund of the membership and/or participation fee equivalent to the Voucher amount;
p. where a Registered Provider redeems a Voucher and the Eligible Child requests a transfer to another Registered Provider, then it is the decision of the Registered Provider whether to transfer the Voucher amount to the new Registered Provider; and
q. where the Registered Provider agrees to a transfer of the redeemed Voucher amount, you are not entitled to a refund of or any part of the Voucher amount if the membership and/or participation are less than the Voucher amount, and you will be required to pay any difference in the membership and/or participation fees of the new Registered Provider, if the redeemed Voucher amount being transferred is less than the membership and/or participation fees of the new Registered Provider.
4.5 The Department may, in its absolute discretion, create a Voucher for an Eligible Child in circumstances where the parent, guardian, carer or Authorised Agent is not able to complete the application process due to circumstances outside of the control of the parent, guardian, carer or Authorised Agent.
5. Parent/Guardian's/Carer’s sole responsibility
5.1 In applying for and presenting a Voucher, you agree that you are solely responsible for:
a. ensuring that you understand these Terms and Conditions, including the Eligibility Criteria;
b. decisions taken in relation to costs, expenses, obligations or liabilities incurred in relation to, or as a result of joining, a Registered Provider; and
c. confirming with the Registered Provider prior to presenting the Voucher: the membership rules; participation opportunities available to the child or young person at the organisation; membership and/or participation fee inclusions and exclusions; attendance requirements; and additional costs and/or requirements with participating in the sport or recreation activity.
5.2 Without limiting anything elsewhere in these Terms and Conditions, the Department will not be responsible or liable to you as the applicant or to the Eligible Child, to the maximum extent permitted by law, for any of the matters described in clause 5.1.
6. Obligations for Authorised Agent applicants
(this clause 6 applies to Authorised Agents completing the application form (and clauses 4 and 5 do not apply)
6.1 In applying for a Voucher, you warrant and agree that:
a. you have permission as an Authorised Agent from the parent, guardian or carer, and are applying on behalf of the Eligible Child;
b. the Eligibility Criteria are met to the best of your knowledge;
c. all the information provided in the application process is true and correct to the best of your knowledge;
d. you have discussed with the parent/guardian/carer of the Eligible Child that they are responsible for meeting any membership and/or participation fees above $100, and that if the membership and/or participation fees are less than $100, the balance is not redeemable in cash or towards the membership and/or participation fees for another Registered Provider;
e. you have discussed with the parent/guardian/carer of the Eligible Child that they will need to confirm with the Registered Provider prior to presenting the Voucher: the membership rules; participation opportunities available to the child or young person with the Registered Provider; membership and/or participation fee inclusions and exclusions; attendance requirements; and additional costs and/or requirements with participating in the sport or recreation activity; and
f. you have discussed with the parent/guardian/guardian of the Eligible Child how their information and the Eligible Child’s information collected as part of the application process, will be used by the Department.
6.2 Without limiting anything elsewhere in these Terms and Conditions, the Department will not be responsible or liable to you as the applicant to the maximum extent permitted by law, for any of the matters described in this clause 6.1.
7.1 Your privacy is important to us. Please read the Active Kids Program Privacy Statement ("Privacy Statement") which forms part of these Terms and Conditions. The Privacy Statement describes the types of data collected by the Department and its program delivery partner Service NSW, including information supplied by a parent/guardian/carer or Authorised Agent) as part of the participation by that person and the Eligible Child in the Program (for example, applying for and redeeming Vouchers, or any feedback or survey responses in relation to the Program). The Privacy Statement also explains how we may use and disclose personal information for the purposes of the Program, including disclosures to Registered Providers, research partners and contracted service providers. By agreeing to these Terms and Conditions, you acknowledge and agree to the collection, use and disclosure of personal information relating to you and your child, as described in the Privacy Statement.
7.2 If you do not provide information requested in the Voucher application process, we may not be able to process your application and issue a Voucher.
7.3 Information collected by the Department and Service NSW as part of the Active Kids program is subject to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act), the Health Records and Information Act 2002 (NSW) and other relevant laws. The Privacy Statement explains how you may access and correct your personal information, how you can lodge a complaint relating to the handling of your personal information, and how we will deal with your complaint.
8.1 The Department reserves the right, at its discretion, to verify any information provided as part of the application for a Voucher. Verification may include, without limitation, any or all of the following:
a. requesting the provision of additional information;
b. making enquiries with the relevant Registered Provider;
c. making enquiries with the relevant Authorised Agents; and
d. confirmation that the Eligibility Criteria have been met.
8.2 Parents/guardians/carers must retain copies of all documents associated with receiving and redeeming a Voucher under the Active Kids program for 12 months after redeeming the Voucher, to allow for post-redemption verification if required.
8.3 Notwithstanding any other provision of these Terms and Conditions, the Department reserves the right to require additional information or clarification from the parent/guardian/carer of the Eligible Child, the Authorised Agent or anyone else before proceeding to make a decision about whether to issue a Voucher or accept redemption of a Voucher.
9. Voucher Cancellation and Repayment obligations
9.1 The Department may cancel a Voucher and void its use in circumstances where the Department believes the Voucher was not redeemed in accordance with these terms and conditions.
9.2 The Department may require a parent/guardian/carer to repay the Voucher amount redeemed, in the event that any information provided as part of, or accompanying, the Voucher application process is untrue, false, misleading or deceptive.
9.3 The Department may, in its absolute discretion, decide that due to the existence of exceptional circumstances an amount repayable under clause 9.2 of these Terms and Conditions is not repayable. In making such a decision, the Department may require the parent/guardian/carer to provide satisfactory evidence about the existence of exceptional circumstances.
10. Closure, suspension or variation of Active Kids program
10.1 The Department reserves the right, at any time, to:
a. vary these Terms and Conditions including, without limitation, the maximum Voucher amount, the number of Vouchers available, the Eligibility Criteria, process for redeeming the Vouchers and Active Kids program requirements;
b. suspend the operation of, or close, the Program;
c. alter or change the number of rounds per year or the opening and closing date for voucher application; or
d. reduce or extend the period of the Program.
10.2 The impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, may be considered before or as part of any such action that is taken. Any changes to these Terms and Conditions or action taken to suspend or revoke the Program will be notified on the Office of Sport website: Active Kids.
11.1 Registered Providers will deliver activities under the Program entirely at their own risk. An Eligible Child participates in activities under a program delivered by a Registered Provider entirely at their own risk.
11.2 The Department is in no way responsible or accountable for any decisions made by the Registered Provider at any time, nor is the Department liable for any injuries that may be sustained by an Eligible Child while participating in the sport or recreation activity. The Department expressly disclaims all liability, to the extent permitted by law, for any loss, damage or other consequence whatsoever whether direct or indirect, which may arise from the Eligible Child joining the Registered Provider and/or participating in the sport or recreation activity.
11.3 A You and any Authorised Agent acknowledges and agrees that they and the Eligible Child are:
a. not covered by any Department insurance and Registered Providers are not covered by any Department insurance;
b. responsible for enquiring as to the insurance carried by, or covering, each employee, officer or volunteer of a Registered Provider in connection with the Program conducted by the Registered Provider; and
c. responsible for ensuring the adequacy and validity of the insurance carried by or covering the Eligible Child.
11.4 A parent, guardian, carer or Authorised Agent, respectively, indemnifies the Department, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with any breach of any of these terms and conditions by the parent, guardian, carer or Authorised Agent, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of the Department, its officers or employees.
11.5 A parent, guardian, carer or Authorised Agent must not assign or subcontract their rights and obligations under these Terms and Conditions or in relation to a Voucher, without the Department’s written consent.
11.6 No rights under these Terms and Conditions will be waived except by notice in writing signed by the parent, guardian, carer or Authorised Agent and the Department.
11.7 The Program and all related documents are governed by the laws of the State of New South Wales. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.
11.8 Where the Department has issued a notice to the email address provided as part of the Voucher application process, the notification will be deemed to have been received by you immediately upon receipt of electronic transmission confirmation.
11.9 A parent, guardian, carer or Authorised Agent must provide any information requested regarding the application for and use of a Voucher under the Program required by the Department.
11.10 If requested at any time (including after the completion of its participation in the Program), the Eligible Child, parent, guardian, carer or Authorised Agent is encouraged, but not obligated to, participate in research and evaluation undertaken by the Department or its contractors in relation to the Program.
11.11 The parent, guardian, carer or Authorised Agent consents to receive information, including marketing and promotional material, from the Department in relation to the Program.