Terms and Conditions
Last updated: 7 December 2020
All Kelly Sports clinics, Kelly Sports Holiday Programmes and Kelly Club Programmes may be referred to as a 'Kelly Group Programmes' in the following Terms and Conditions
1. PAYMENT REGISTRATION:
1.1 Kelly Sports Clinics: Enrolling in a Kelly Sports Clinic secures a booking for the duration of the whole programme. Irrespective of attendance, payment is on a per programme basis and is expected by the date due on the invoice. Parents/caregivers and children are responsible for programme attendance.
1.2 Kelly Group Programmes: Enrolling in a Kelly Group Programme secures a booking for the days/times selected at the time of booking. Irrespective of attendance, unless prior notice that a child will be absent is given (minimum 24 hours), payment is still required and is expected by the date due on the invoice. Parents/caregivers and children are responsible for programme attendance.
1.3 Programmes Length: All Kelly Group Programmes may vary in duration depending on location and programme type.
1.4 Late payment: Late payment constitutes default under this agreement and Kelly Group may withdraw children from programmes at their discretion. Additional administration fees may be charged to overdue accounts.
1.5. Early drop-offs and late pick-ups: Children arriving earlier or collected later than the booked session will incur extra charges (for example: charged for a full day as opposed to a school day / charged for a full session as opposed to a half session). Late collections after the conclusion of the programme, will incur a late pick-up fee of $15 per 15 minutes or part thereof.
1.6 Indemnity: The parent/caregiver agrees to indemnify Kelly Group Programmes against all costs, whether commissions, legal fees or otherwise, incurred by Kelly Group Programmes or their duly Authorised Agents relating to the recovery of any monies that may be outstanding from time to time pursuant to the terms of this agreement.
1.7 Discontinued sessions: Kelly Group Programmes reserve the right to discontinue any child for reasons including, but not limited to, inappropriate behaviour and non-payment of fees.
1.8 Note: Programme costs are reviewed annually, or as reasonably required, and at least one month’s notice, where possible, will be given of any change in price.
1.9 Programme Policies and Procedures: By booking your child into an OSCAR Kelly Group programme, you are agreeing to all terms and conditions set out in the Kelly Group Programme Policies and Procedures Manual. The Kelly Group Programme Policies and Procedures Manual has been approved by the Ministry of Social Development and is available at all OSCAR Kelly Group programme venues.
1.10 Work and Income Oscar subsidies: Applying for an Oscar subsidy is the responsibility of parents/caregivers. Kelly Group takes no responsibility for ensuring documents are completed or sent to Work and Income. Parents/caregivers are responsible for paying full fees if they are unsuccessful with receiving a subsidy.
2.1 Kelly Sports Missed Sessions: No refund will be given where session is missed or for early withdrawal from sessions during the term.
2.2 Kelly Sports Cancelled Sessions: If a session has to be cancelled and a catch-up session is not available, that fee will be carried forward and credited to the next term.
2.3 Kelly Club and Kelly Sports Holiday Programme Missed Sessions: No refund will be given where a session is missed unless Kelly Club/Kelly Sports has been contacted and advised of a child’s absence a minimum of 24 hours (or as set out in programme specific booking information) before the session commences.
3.1 Website: Children/Parents/Caregivers will have access to the online content of the websites www.kellysports.co.nz and www.kellyclub.co.nz for the period of time they are enrolled into Kelly Group programmes.
4. CHILD HEALTH AND SAFETY:
4.1 Medical information: In the interests of the child’s well-being, whilst in the care of Kelly Group programmes, the programme must be informed of any medical or other condition affecting the child. This information should be included in your ‘Child’s Details’ in your online account, and updated if conditions develop or change.
4.2 Kelly Group is not responsible for children outside of the agreed programme time or for a child making their way to and from a programme venue. Where a child is attending any Kelly Group programme, the ‘Drop Off/Pickup of Children’, ‘Children Not Arriving at the Programme When Expected’ and ‘Children Not Collected at the End of the Programme’ Policies & Procedures will apply.
4.3 Health and Safety Emergencies: In an emergency situation where your child needs medical attention, staff will ensure that every effort possible is made to get hold of the parents/caregivers/emergency contacts. If contact is unsuccessful, I authorise any person (acting through the staff and employees of Kelly Group Programmes) in the event of any accident or illness to my child, to take all such steps as may be necessary for the proper treatment and care of my child (as advised by a duly qualified and registered medical practitioner).
4.4 Parents/caregivers are expected to be able to collect their child at any time if they become unwell, jeopardise the safety of other children or staff at the programme, or are identified as a health risk to other children or staff at our programme.
4.5 Kelly Club and Kelly Sports OSCAR programmes are committed to the recognition and prevention of abuse of children within our programmes and the community and supports the roles of statutory agencies such as the Police and the Ministry for Children (Oranga Tamariki).
5. PRIVACY AND COPYRIGHT:
5.1 Advertising: Kelly Group programmes will occasionally video / photograph sessions and may use video footage or pictures for promotional or training purposes. You agree to your child’s image/s being used, unless written notification to the contrary is provided at enrolment. If any images are going to be used more widely you will be contacted and an agreement arranged.
5.3 Copyright: Children/Parents/Caregivers undertake not to make copies of any Kelly Group Programme material, and/or use our intellectual property rights and content unless authorised to do so by Kelly Group Head Office in writing.
6.1 I consent to my child participating in/attending activities arranged by Kelly Group Programmes, as well as travel by private vehicle or public transport/alternative transport services as may be used from time to time to advertised programme outings.
6.2 Travelling by private car: If there is a need for children to travel by private car, parents/caregivers will provide booster seats or the appropriate required child restraint for the age and size of their child. Parents/caregivers of children seven years or older are encouraged to provide booster seats for their children until they reach 148cm tall, or eleven years old. A separate written authorisation will be required from parents/caregivers before travelling.
6.3 Belongings: Kelly Group takes no responsibility for any loss or damage to children’s property while in our programmes.
7. ONLINE STORE:
7.1 Delivery information: Where applicable all deliveries will be couriered and expected delivery is within 5 business days within New Zealand. We don’t ship internationally.
7.2 PCI Statement: Kelly Group uses SSL, does not store credit card details, and all payments are handled by a secure, PCI compliant, third party.
7.3 Currency: All transactions are processed in New Zealand dollars
7.4 Physical Address: Level 1, 2 Milner Avenue, Silverdale, Auckland 0932
1.Information we collect and how we use it
• We do not need any personal information if you simply browse the Site, we’ll just check out some pretty basic information, including the computer IP, browser and country. This really helps us improve your experience and our services to you.
• We may also contact you to seek your comments about our services and notify you about important changes made to the Site or our services.
2.Storage, access and correction
• As required by the Privacy Act 2020, we follow strict procedures when storing and using the information you provide. We are dedicated to keeping personal information secure.
• You have rights of access to, and correction of, personal information that we hold about you. You may correct or change the information collected at any time and as often as necessary. To do so, simply log in and update your online account, or alternatively get in touch using the “Contact Us” option on the Site.
• You can also make choices about whether you receive promotional communications from us by following the ‘unsubscribe’ instructions included in our communications.
3.Use of your information
• We may use your personal information:
a) To share with our employees, and the employees of the service you use, to help administer your account and to communicate with you as required for the use of the services.
b) To monitor your use of our service, for the purpose of improving all aspects of our services, and ensuring that our service is not abused nor used wrongfully.
c) To provide you with news, updates and promotional material that we believe may be useful or of interest to you.
d) To comply with any statutory or regulatory obligations or applicable rules or guidelines requiring disclosure or use of the information. This includes, but is not limited to, the following government organisations: the Ministry of Social Development, Oranga Tamariki, Worksafe, the Ministry of Primary Industries, the Ministry of Education, the Ministry of Health, Inland Revenue Department.
e) To assist any law enforcement or governmental agency in the performance of their proper functions, if we reasonably consider disclosure or use of the information to be necessary for that purpose.
f) In consultation with the school the programme or session booking is connected to, if we consider it necessary to assist the health and safety or wellbeing of an individual or others.
g) For any legitimate purpose in connection with our business.
h) To compile statistical and analytical reports for marketing purposes on the use of our service by all of our customers and end users, provided that such reports do not identify individual customers and end users.
i) We may not disclose your personal information to overseas third parties unless the jurisdiction of that third party provides similar safeguards to those in the Privacy Act 2020.