The use of this site is governed by the policies, terms and conditions below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order for product or lessons indicates your acceptance of these terms and conditions. Duck & Dive Pty Ltd t/a Duck & Play (hereby referred to as Duck & Dive) reserves the right to make changes to this site and these terms and conditions at any time.

This agreement
Online bookings can only be made if you have ticked the box agreeing to these terms and conditions. If booked over the phone, the “Welcome Pack” email sent to you prior to your first lesson states that you are deemed to be in acceptance if you have not contacted us at least one business day (24 hours) before the day/time of your first lesson.

If any changes are made to these terms within the current term, we will advise you by email. If you exercise your right to not accept the change, we ask that you advise us in writing within 14 days. After this period if you have not contacted us you will be bound by the updated version. You will be required to acknowledge a revised set of terms and conditions for each term you book on to.

Class terms and Payments
There are 4 terms per year, in line with the school holidays.

You will be notified part way through each term by newsletter and text of the re-booking window and deadline. After the deadline all classes are opened up to general sale.

Your payment guarantees your place. Payments may be made by credit card online.

If you do not wish to continue lessons at re-booking time, no action is required by you, though an email to tell us helps and will ensure we remove you from our system.

Purchases from our online store will not be sent until monies are received, similarly no access to classes will be allowed unless classes are paid for in full.

How we contact you
We will need to contact you from time to time with important operational information regarding lessons. This is done by via one primary email address and one primary mobile number. Sometimes changes are only known to us on the day therefore the mobile number that will be in use on the day of your lessons is required. We also advise clients about rebooking and other important items via quarterly Newsletter sent by email. Please keep these two important communication channels up to date.

Nappies and Changing Baby
Strict rules must be observed with your baby or toddler’s attire whether potty trained or not. All babies must wear a disposable swimming nappy and then on top a SplashAbout Happy Nappy which must be the correct size, snugly fitting and fit for purpose (i.e. keeping running poos from leaking into the pool resulting in a possible pool closure). Any child not wearing this combination or an incorrectly fitting garment will be refused entry into the pool.

We advise that you change baby on the floor using a suitable changing mat and not to use any benches or trolleys that may be in the facility. Do not use any raised areas such as benches or tables. This is to prevent babies from rolling onto the floor from high surfaces which can easily happen and is extremely distressing for all concerned. Your use of anything other than the floor for changing is at your discretion.

You are required to take all your used nappies away with you and never leave them in an open bin (including those within the facility).

Changes to classes
Occasionally class sizes reduce for example as parents repatriate or go back to work. It’s not always possible to continue with a small number and we may have to merge and/or change the time. On the positive side, it’s a great opportunity to make new friends but if this does happen we will try to keep things as similar as possible but can’t guarantee it.

If you decide to change pool or class time, again we will try but cannot make any guarantees. Please note that you will need to have completed your current course before moving up.

There are occasions when it is necessary to change your teacher. We try not to, but they are human after all and like us can sometimes fall ill or have circumstances in their life that dictate change.

Also there may be times when we occasionally need to train a new instructor to teach your class. At this point they will already be qualified swim teachers/program educators. Our Duck and Dive /Duck and Play team need to teach a series of classes before they get their “wings”. Should this happen, it will always be done under the supervision of a Duck and Dive tutor and your lesson content will not be affected. Unfortunately we cannot give advance warning when this may happen and, whilst we always try to limit it, it is a necessary part of our commitment to quality.

Refund and cancellation policy
There are no refunds in the event that you miss a lesson (part or whole) or indeed the entire course. We are unable to provide any alternative for a missed lesson other than in accordance with our make up policy (see below).

Sometimes pools “go down” and can’t be used. In such an instance we are not liable for any travel expenses incurred. When a lesson has to be cancelled we will make every effort to re-schedule your lesson. This may be done over 2 weeks for example starting your regular lesson 15 minutes early or finishing 15 minutes later.  We will advise you as soon as possible of the re-scheduled lesson by email. You have 48 hours to advise us if you are unable to make the lesson after which it is deemed you are in agreement. If, within 48 hours of this notification you have advised us that you are unable to attend the additional class, we will issue a credit against your next term’s fees. If you are not returning the following term, we will issue a refund.

You may cancel your booking up to 1 business day before term starts (i.e. the day before your first scheduled lesson) when we will issue you a refund less a $40 administration charge. If the term has started, then Duck and Dive is under no obligation to refund any part of the course fee. This applies to new clients and existing.

It is not possible to transfer payments made from one term to another. If a booking is relinquished prior to term starting then a refund will be made less any administration charge.

Sometimes a class which you may have booked onto does not fill before term starts. If there are insufficient numbers then we reserve the right to cancel the class and refund you if we are unable to offer an alternative.

Make Up/Missed lessons
There are no make up lessons available.

Photography
There is no photography or use of mobile phones allowed during Duck and Play sessions.

No part of our lessons, logos or photography may be reproduced in any form

We reserve the right to use any underwater images or surface shots for our promotional purposes. Duck and Dive are not liable for the actions of third parties or any liability arising from a breach of these terms and conditions.

OH & S
ILLNESS:
Children or carers feeling unwell or suffering from any infectious ailment either known or suspected should not attend swim lessons and consult a doctor prior to re-joining classes. Similarly with any conditions developed, you should consult a doctor. (See also sub section “Medical Conditions”)

Never attend lessons if:
You or your child have any illness such as an ear infection, sickness/diarrhoea (unless clear for 14 days), chicken pox, impetigo, conjunctivitis or a bad cold. We advise that you get approval from your doctor before re-joining classes.

Any open sores should be covered adequately at all times.

ADULT INFECTIONS:
We encourage carers to wear thongs to prevent the spread of any infections. Water quality is important to us, you and people swimming after you. With this in mind, showering to remove lotions, perfumes and deodorants will help this.

MEDICAL CONDITIONS:
You need to declare any medical conditions for you, baby or any carer who may swim in our classes. Any uncertainties in this regard must be addressed with a health care professional (Paediatrician, Health Visitor, Doctor etc). Your acceptance and acknowledgement of these terms (see section “This Agreement”) means that you take responsibility for ensuring that anyone attending classes who has an injury or medical condition etc has consulted a health care professional and will also advise their teacher before entering the pool. You (or the carer bringing your child) take full responsibility for any medical condition or injury and will be deemed by Duck and Dive to have been given approval by a health professional or in not receiving approval is doing so at their own risk. Informing Duck and Dive of a medical condition or injury does not relinquish this responsibility. The following information must be disclosed to us:

– Full name of child/carer
– Full name of the medical condition of child/carer

Also you are required to advise us of any changes such as pregnancy as soon as you are aware of them. All information is handled with complete confidence.

POOLSIDE:
Any swimming parents (only 1 per baby is allowed in the pool per lesson) and their child or spectating parents, friends, relatives or their children are your responsibility. You are responsible for the safe supervision of any children you bring at all times: on the poolside, in the changing rooms and on the pool premises. They should always be under the direct supervision of an adult who is not taking part in the lesson and never be left unattended. Children running on wet surfaces can very easily slip and hurt themselves. Our teachers are responsible for and focussing on the safety, well being and lesson quality of the people in the pool. They have absolute authority to ask anyone that compromises this to leave the spectating area.

No persons may enter the pool (no matter how inviting or quiet the current lesson is) without express permission from the teacher. This is an important OH&S requirement. Whilst you are waiting for your class, please keep poolside noise down to a minimum so that all lessons can take place in a calm and peaceful atmosphere.

JEWELLERY:
All jewellery should be removed (wedding rings are OK). See also “Personal Property” section.

PRAMS AND PUSHCHAIRS:
Please refer to the “Welcome Pack” for guidance on pram and pushchair policy for each site. There are strict criteria which must be observed and which we are required to uphold by the pool owners.

Personal property
Anything left anywhere is done so at your own risk with no liability held by Duck and Dive. If we find anything of value we will do our best to return this as soon as possible. Small items we find such as clothing or apparel (yours or baby’s) will be held in lost property for the remainder of term and then sent to Vinnies.

Pool / Studio closure

FORCE MAJEURE EVENTS:
Duck and Dive are not liable for, nor will refund lessons against any force majeure event.

ADVERSE WEATHER/TRAFFIC ETC:
If the pool is operational then we are not responsible if you are unable to reach classes. No refund or reschedule of lessons is made in this regard.

Regretfully there are no refunds or part thereof in the event there is an evacuation eg fire alarm etc

Withdrawal of service
Duck and Dive reserve the right to exclude entry to any clients wishing to participate in any of our services entirely at our discretion.

Exclusion of Liability
In the absence of any proven negligence, lack of due diligence or breach of duty by the instructor(s); Duck and Dive; its employees, the participation of you; your spouse/partner; child or those in whose care you have placed your child for the purpose of attending or observing Duck and Dive activities is done so entirely at your and their own risk.

Copyright
This site is owned and operated by Duck & Dive. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Duck & Dive.

All software used on the site is the sole property of Duck & Dive or those supplying the software.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Duck & Dive’s prior written permission.

All rights not expressly granted herein are reserved.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

* * * * * * * * * * IF YOU ARE ONLY PURCHASING ITEMS FROM THE ONLINE SHOP  * * * * * * * * * *

By ordering or registering with Duck & Dive you grant us the right to add your contact details to our database. From time to time we may contact you about offers and new products. You can easily be removed by contacting us at swimming@duckanddive.com.au and we will remove you from marketing communications.

Australian Sales Only
We only sell and ship products within Australia. We will not make deliveries outside of Australia.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Duck & Dive reserves the right at any time after receipt of your order to accept or decline your order for any reason or supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Pricing
Prices are subject to change without notice. All credit cards are charged in Australian Dollars.

Typographical Errors
Duck & Dive makes every reasonable effort to present accurate information on our website however, in the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Duck & Dive shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Duck & Dive shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is cancelled, Duck & Dive shall immediately issue a credit to your credit card account in the amount of the charge.

Delivery
Generally, all our product is for existing clients only and we do not deliver. Items purchased are delivered pool-side. In the event that you wish to have something delivered, the following applies:

  • We use Australia Post satchels for deliveries Australia wide.
  • Please allow 3-10 working days for delivery of your order.
  • Duck & Dive does not ship outside of Australia.
  • Standard delivery charge is $20.00 for product with combined weight of 500g. If weighing more than this, Duck and Dive reserve the right to request further postage from you.

The delivery times provided by Duck & Dive are estimates only. Duck & Dive will not be held accountable for late deliveries or loss or damage relating to late deliveries.

In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Duck & Dive cannot be held responsible for incorrectly entered delivery addresses.

Change of Address
Duck & Dive Baby cannot be held responsible for an incorrect address being entered on your order. Address Confirmation is given on the review & buy page in the checkout
section of the site. If this is not noticed until after your order is finalised, please contact Duck & Dive immediately.

We will attempt to update any incorrect order details, however due to the fast turnaround some orders cannot be adjusted. In the case that your order is processed and cannot be updated, please refer to our returns and exchange section for more information.

Warranties
All warranties offered are the manufacturer’s warranties and not that of Duck & Dive.

Refunds and Returns
Duck & Dive are committed to customer satisfaction and would like your online shopping experience with us to be as simple as possible. If you receive any full price merchandise that you are unhappy with for any reason, simply return it to us along with the invoice within 14 days of purchase, in the condition that you received it and we will happily exchange or refund.

*REFUNDS ARE NOT AVAILABLE FOR SALE ITEMS*

We are more than happy to offer an exchange on sale items purchased online. However, please note that we do not allow refunds for change of mind. If the item is faulty, normal refund conditions apply.

  • Returns must be in as new condition with tags attached unless faulty
  • Faulty goods will be dealt with as per the manufacturer’s warranty.
  • Due to health regulations, we are unable to exchange or refund on any underwear or swimwear.
  • We recommend sending returns via registered post as we do not accept responsibility for lost items.

Upon return of faulty goods, we will assess and forward on to the manufacturer. If the item is being repaired we will inform of the estimated date of completion via email. The repaired item will then be posted back to you free of charge. If the item cannot be repaired or replaced, you will be refunded as soon as possible after the assessment.

Please return faulty goods along with your invoice to the following address:

Duck & Dive Pty Ltd
PO Box 7014
Bondi Beach NSW 2026

Order Cancellations
If notified before goods have been dispatched, Duck & Dive can accommodate order cancellations. If items have been shipped, normal Refunds & Returns conditions apply.

Liability
Duck & Dive is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.