TERMS AND CONDITIONS OF THE PURSUIT MUAI THAI / DEBIT SUCCESS  MEMBERSHIP AGREEMENT  

1. INTRODUCTION 

This document outlines the rights and responsibilities relating to the Member’s entitlements  during the Membership Period to use of the Centre’s facilities. It also relates to the member’s  authority to Debitsuccess Pty Ltd to directly debit the nominated bank account or credit card for  any instalments or fees due under the terms and conditions of this Membership Agreement and  DDR overleaf. The set terms are stated below.  

2. DEFINITIONS 

In this Agreement unless the contrary intention appears:  

2.1 The singular includes the plural and vice versa.  

2.2 A reference to a party includes that party’s legal personal representative heirs and assigns.  2.3 “Member” includes the parent or guardian of the Member if the Member is under 18 years.  2.4 “Card” means the Pursuit Muay Thai membership card. 

2.5 “Centre” means the Pursuit Muay Thai Centre named on the Direct Debit Request (DDR) and  Contract that this booklet refers to  

2.6 “Debitsuccess” is Debitsuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149, Phone: 1800  267 916, E-mail: Memberservice@Debitsuccess.com. All queries and comments about the  fitness club services provided under this Membership Agreement should be directed to the  Centre. All queries and comments about the direct debit billing service should be directed to  Debitsuccess. The Member acknowledges that Debitsuccess has been engaged by the Centre  to collect the due under this Membership Agreement if paying by way of direct debit and  acknowledges that all rights of the Centre under this Membership Agreement are able to be  forced by Debitsuccess as if it were the Centre without any involvement on the part of the  Centre or the consent of the Member.  

2.9 “Tailgate Fee” means the fee payable by a Member for admitting a guest to any Pursuit Muay  Thai Centre in breach of rule 25.2 of this Agreement. This fee will be set by Pursuit Muay Thai on  a case by case basis up to the amount $250 per guest per instance.  

3. LEGALLY BINDING AGREEMENT 

The Member acknowledges and agrees that:  

3.1 The Direct Debit Request (DDR) and Contract is legally binding whether the use of the  Centre and its services is determined and paid on a yearly, monthly, weekly or individual basis.  

3.2 The membership must remain current in order to avoid paying the joining fee again.  

3.3 They declare that they are physically and medically fit and capable to engage in exercise and  fitness programs at the Centre, and have and will inform instructors of any condition or risk that  may have an effect on their ability to participate in any exercise or fitness program prior to  commencement.

3.4 They are 18 years of age or older at the time of signing, and not under any other legal  disability. If not, a parent or adult guardian will sign also.  

3.5 The Pursuit Muay Thai adult pre-exercise screening tool does not provide advice on a  particular matter, nor does it substitute for advice from an appropriately qualified medical  professional. No warranty of safety should result from its use. The screening system in no way  guarantees against injury or death. No responsibility or liability whatsoever can be accepted by  Pursuit Muay Thai for any loss, damage or injury that may arise from any person acting on any  statement or information contained in this tool.  

3.5.1 If you answered “YES” to any of the health concern questions, please seek guidance from  your GP or appropriate allied health professional prior to undertaking physical activity/exercise.  

3.5.2 If you answered “NO” to all of the health concern questions, and you have no other  concerns about your health, you may proceed to undertake light-moderate intensity physical  activity/exercise.  

3.5.3 The member acknowledges and agrees to the best of my knowledge, all of the information  I have supplied to Pursuit Muay Thai is correct.  

4. RECEPTION AND ACCESS 

4.1 All members must swipe or present their Card at reception every time they attend the  Centre including outside staffed hours if provided.  

4.2 At no stage are you permitted to give your Card to non-members to allow them to access the  Centre.  

4.3 If a member would like to train with a non-member they must attend within staffed hours  and the non-member must pay the casual membership rate.  

4.4 When scanning your Card upon entry outside staffed hours (if provided) you will have a  limited amount of time to enter. If this opportunity is missed a second scan will not be able to be  done for a period of 5 minutes.  

4.5 Members must advise any changes of address and phone number.  

4.6 The facilities are available to the general public and not exclusively for members.  

4.7 To use the Centre your account must be valid and up to date, Overdue payments can be  made directly at the Centre or by calling Debit Success after which the Centre may be used.  

4.8 All Pursuit Muay Thai clubs but not limited to those clubs, require constant video  surveillance whilst in the Centre except in the changerooms.  

5. GENERAL CONDITIONS OF ENTRY 

To ensure the Centre is able to provide a high level of service in a safe, healthy and pleasant  environment for all, members must comply with the following conditions: 

5.1 Entry will be refused, or a person requested to leave the Centre if the person: 5.1.1 Is  abusive or uses offensive language or whose behaviour is threatening, or 5.1.2 Is under the  influence of drugs or alcohol. 

5.2 No smoking is permitted in the Centre. 

5.3 No chewing gum permitted in the Centre.  

5.4 Sweat towels must be used at all times.  

5.5 Weights and training equipment (for example but not limited to gloves, pads, safety gear,  skipping ropes, etc.) must be returned to their correct place after use.  

5.6 Correct training attire must be worn in the Centre – no jeans, work clothes, boots, sandals,  thongs, or clothing that is likely to cause offence to others are permitted.  

5.7 No person under the age of 16 is allowed in the Centre unless accompanied by a guardian or  qualified instructor. Members between the age of 16 and 18 may train in the facility without a  parent guardian during staffed hours, if outside staffed hours the must be accompanied by a  guardian or qualified instructor.  

5.8 No food allowed in the gym or group classes.  

5.9 No entry to a group exercise class 10 minutes after it starts.  

6 LOCKERS/STORAGE (where provided)  

6.1 All items stored in the lockers/storage area provided are at your risk and we do not accept  responsibility for items lost, damaged or stolen.  

6.2 Bags are not permitted in the Centre unless placed in the lockers/storage area provided.  7 CANCELLATION / TERMINATION 

7.1 Direct Debt Membership  

7.1.1 Cooling Off Period  

The Direct Debit Request (DDR) and Contract is subject to a 7-day cooling off period:  

7.1.1.1 The cooling off period commences at the close of business on the “Commencement  Date”.  

7.1.1.2 The cooling off period ends at close of business on the 7th day after the  “Commencement Date”.  

7.1.1.3 New members have the right to cancel their membership within the cooling off period if  they are not completely satisfied with the services and programs.  

7.1.1.4 All monies will be refunded on a pro rata basis with the exception of an Administration  Fee.  

7.1.1.5 All cooling off cancellations must be in writing to the Centre via our website portal.  www.pursuitmuaythai.com 

If the website portal is unavailable, please email membersupport@pursuitmuaythai.com  7.1.2 Permanent Disability  

7.1.2.1 Upon providing written advice of a permanent disability or serious illness, along with a  letter from a medical practitioner detailing the disability or illness, the Centre may agree to  cancel the membership effective from the day of notice for an Administration Fee of up to 10%  of the Membership Fee. If the medical condition is deemed not to be a permanent disability or 

serious illness and membership is within minimum term the standard cancellation terms and  fees apply as outlined in 7.3.  

7.1.2.2 All monies will be refunded with the exception of charges for services already delivered.  7.1.3 Cancellation procedure  

7.1.3.1 All cancellation requests must be in the first instance be directed in writing to the Centre  via our website portal. If the website portal is unavailable, please email Member Support. 

7.1.3.2 Cancellations inside the Minimum Term – The Member may terminate their Membership  Agreement before the expiry of the minimum term or payment if all the instalments and fees  due up to the date of termination (which outstanding fees remain owing to the Centre), by  paying the cancellation fee specified on the front of the Direct Debit Request (DDR) and  Contract to Debitsuccess. The Direct Debit Request DDR and Contract may be cancelled upon  payment of either:  

1. the costs the Centre has incurred in establishing and operating the Membership which the  Centre assesses as $150.00, or 

2. the payment of the balance of the Membership Fees, whichever is the lesser. 30 days’ notice  is required for cancellation of all memberships including cancellations inside Minimum Term. 

7.1.3.3 Cancellations after completion of the Minimum Term - After the expiry of the minimum  term or payments, and after all instalments and fees due have been paid in full, should the box  on the front of the Direct Debit Request (DDR) and Contract requesting termination at minimum  term be marked then the Direct Debit Request (DDR) and Contract shall automatically  terminate. Should the box on the front of the Direct Debit Request (DDR)and Contract  requesting termination after the minimum term not be marked, then the Direct Debit Request  (DDR) and Contract shall continue indefinitely until such time as the Member makes a request,  after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of  termination (including instalments/ fees which fall due during the notice period) will remain a  debt owed to and recoverable by Debitsuccess. There will be a period of notice of 30 days  unless otherwise specified by the Centre between the date of request and the date of actual  termination during which any payments due must still be paid in full. The Member should  contact Debitsuccess if they have not received written confirmation of the termination within  the 30-day period. The Member shall not consider that the Direct Debit Request (DDR)and  Contract has been terminated until such time as this is confirmed in writing to the Member by  Debitsuccess (not more than 14 days after the termination date). Termination of the Direct Debit  Request (DDR) and Contract will also terminate the Direct Debit Request Authority.  

8 TRANSFER OF MEMBERSHIP BY THE MEMBER  

8.1 Transfer of membership will be by agreement of the Manager of the Centre and will incur a  Transfer Fee of $70. This fee is payable to the Centre.  

8.2 Transfers between Centres will be by agreement of the Manager of the Centre to which the  Member wishes to transfer.  

9 REPLACEMENT CARD FEE 

If a Card is lost, destroyed or damaged and requires replacement a replacement card fee of $50  is payable to the Centre. 

10 ADDITIONAL FEES FOR SPECIAL SERVICES  

Some services require an additional fee, and these include but not limited to group personal  training, one-on-one sessions, events, access additional information/programs, etc.)  

11 DAMAGE TO THE CENTRE  

Any Member who wilfully or through their negligence damages the Centre or its property will pay  for the damage. Members are responsible for damages caused by their guests and children.  

12 SAFETY, MAINTENANCE & SERVICE DEMAND  

The Centre may from time to time as reasonably necessary:  

12.1 Close off any part of the Centre or isolate any piece of equipment for maintenance or  safety reasons; or  

12.2 Change the hours of opening and closing or alter class timetables in accordance with  demand; or  

12.3 Vary Centre rules. Where this occurs, the Centre will provide reasonable notice on the  Centre notice boards or at reception.  

13 DAMAGE & PERSONAL INJURY - DISCLAIMER  

To the extent permitted by law, the Centre and Debit success exclude any liability to the Member  in the Membership Agreement, tort, statute or in any other way for any injury, damage or loss of  any kind whatsoever (including, without limitation, any liability for direct, indirect, special or  consequential loss or damage), sustained by the Member and/or any other person, or for any  costs, charges or expenses incurred by the Member, arising from or in connection with the  Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre  and/or Debit success, and/or any act or omission of the Centre and/or Debit success.  

Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships  only) 

A. If you participate in these activities your rights to sue the supplier under the Australian  Consumer Law and Fair Trading Act 2012 if you are killed or injured because the  activities were not supplied with due care and skill or were not reasonably fit for their  purpose, are excluded, restricted or modified in the way set out in or on this notice. 

B. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the  supply of certain goods and services. These guarantees mean that the supplier named  on this form is required to ensure that the recreational services it supplies to you: 

• are rendered with due care and skill; and 

• are reasonably fit for any purpose which you, either expressly or by implication,  make known to the supplier; and 

• might reasonably be expected to achieve any result you have made known to the  supplier. 

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is  entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this 

form, you will be agreeing that your rights to sue the supplier under the Australian Consumer  Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not  in accordance with these guarantees, are excluded, restricted or modified in the way set out in  this form.  

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is  due to gross negligence on the supplier's part. Gross negligence, in relation to an act or  omission, means doing the act or omitting to do an act with reckless disregard, with or without  consciousness, for the consequences of the act or omission. See regulation 5 of the Australian  Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian  Consumer Law and Fair Trading Act 2012.  

14 SEVERABILITY  

In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or  unenforceable then that part shall be severed from the Direct Debit Request (DDR) and  Contract with the intention that the balance of the Direct Debit Request (DDR)and Contract  shall remain in full force and effect, unaffected by the severance.  

15 SUSPENSION  

Suspension may be possible under the terms of the Direct Debit Request (DDR) and Contract.  You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within  a 12-month period does not exceed 8 weeks. In order to suspend you must contact the Centre  Manager in writing with reasonable notice (at least 7 days) prior to the date of suspension. There  is a charge of $5.00 per week dependant on the type of membership while the Agreement is  suspended. Any time spent on suspension will be added onto the minimum term of the  Agreement so that the amount payable shall still be payable regardless of any suspension or  suspension charges made.  

16 BREACH OF TERMS & CONDITIONS  

Any breach of the set terms and conditions will result in a warning and any further breach will  result in a second warning and your membership may be suspended or terminated. A proven  serious breach of the general conditions of entry under Clause 5 may result in immediate  termination of your membership without warning. The Member, Debit success and the Centre  each hold reciprocal rights of termination for a material breach of any term or condition of this  Membership Agreement. The Membership Agreement will be terminated upon receipt of written  notice outlining the relevant breach.  

17 TRANSFER OF MEMBERSHIP BY THE CENTRE  

17.1 The Centre will have the right to assign or novate the Membership Agreement to a third  party in the event of the sale of the business.  

17.2 The Centre may relocate to another premise within a 5-kilometre radius and the location at  which the services are provided may change during the term of this Membership Agreement.  

17.3 In the event of clauses 17.1 or 17.2 occurring you agree that the Direct Debit Request  (DDR) and Contract will continue with the new third party and/or at the new location. 

18 PAYMENTS BY DIRECT DEBIT 

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed  payment frequency until the Direct Debit Request (DDR) and Contract is terminated in  accordance with Clause 7 above. Should there be any arrears in payments the Member  authorises Debit success to debit the outstanding balance in order to bring the account up to  date.  

18.1 Dishonoured Payments  

It is your responsibility to ensure that on the due date clear funds are available in your  nominated account to meet the direct debit payment. Should your payment be dishonoured  Debit Success will debit you an additional $14.95 with your next payment and may, if we have  not received instructions to the contrary from you, debit both the current due payment and the  now overdue payment(s) on the same day. Debit Success may debit other fees or costs involved  with debt collection in accordance with the terms and conditions of the Membership  Agreement (refer to clause 21 Credit/Debt Reporting Agencies).  

19 ADMINISTRATION FEE (DIRECT DEBIT)  

If paying by Direct Debit, a one-off Administration Fee of the value indicated on the face of this  Contract is payable to Debitsuccess by the Member on signing of the Direct Debit Request  (DDR) and Contract. This fee is split, $7.50 to Debit success, the remainder to the Centre.  

20 PRIVACY  

20.1 A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth))  will only be used by the Centre or Debit success to provide you with the services contemplated  by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to  the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract.  

Debitsuccess’ Privacy Statement is to be found on its website debitsuccess.com. The Centre’s  Privacy Statement can be obtained from the Centre.  

20.2 Unless you indicate to the contrary, you agree that we may use your personal information  for internal marketing purposes. We may use your personal information to develop marketing  lists and other programs for internal use only so that we may offer you goods and services by  mail, telephone, facsimile, email or SMS. If you do not want to be contacted in this manner,  please notify your Centre or reply “STOP” to any email or SMS.  

21 CREDIT/DEBIT REPORTING AGENCIES  

If paying by Direct Debit, upon default by the Member in regard to any obligation under the  Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by  Debit success, the Member authorises Debit success to notify any debt collection/credit  reporting agency of the default. Should this occur then at Debit success’ sole discretion it may  terminate the Membership Agreement at which time the full outstanding balance for the  remainder of the minimum term or payments (including any current arrears) shall be due in full.  The Member authorises Debit success to add an amount equivalent to 25% of the full  outstanding balance  

(being Debit success’ expenses reasonably incurred in collecting the debt) upon initial referral  to the debt collection/credit reporting agency. 

22 INCREASE IN FEES  

If paying by Direct Debit, Debit success may at any time AFTER the end of the minimum term,  upon sending notice to the member’s last known address and giving 14 days’ notice, increase  the instalment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and  Contract as a result of the increase in the instalment amount, the Member must notify Debit  success in writing within 14 days of the date of the written notice sent by Debit success. The  Membership Agreement will be terminated upon receipt of this notice. If the Member does not  notify Debit success of its intention to terminate the Direct Debit Request (DDR) and Contract  within such specified time period, then the Direct Debit Request (DDR) and Contract will remain  in force and the increase in the instalment amount will be deemed to be accepted by the  Member.  

23 ENTIRE AGREEMENT  

The Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding  and arrangement (express and implied) between the Member, the Centre and Debit success  relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes  and cancels any previous agreement, understanding and arrangement relating thereto whether  written or oral.  

23.1 Updating Terms and Conditions  

Pursuit Muay Thai may update these terms and conditions from time to time (including if  Debitsuccess changes its terms of business with us). In the event that we do update terms and  conditions Pursuit Muay Thai will give you 14 days' notice of the change.  

If we reasonably consider that any change to the terms and conditions is likely to benefit you or  be of no, or immaterial, detriment to you, we can make the change immediately and do not need  to notify you.  

For all other changes, we give you at least 14 days' notice of any changes, for instance by: 

• Publishing them in our newsletter or on our website; or 

• Placing a notice in the Club; or 

• Calling you or writing to the address (post or email) you last gave us. 

24 STATE SPECIFIC CONDITIONS APPLICABLE TO WESTERN AUSTRALIAN MEMBERSHIPS  ONLY  

Clause 7.1 is amended as follows:  

The Direct Debit Request (DDR) and Contract is subject to a 7-day cooling off period.  Clause 7.1.2.1 is amended as follows:  

If the Member suffers a permanent sickness or incapacity the Agreement would be amended to  a month-to-month agreement upon notification and provision of supporting documentation to  the satisfaction of the Club to allow for a cancellation. In this instance the Member agrees to  pay $150 plus a 30 days’ notice period as outlined in the Agreement. 

Clause 7.1.3.2 is amended as follows:  

If you wish to cancel for any reason (excluding special circumstances, such as permanent  sickness/incapacity) within the minimum term of your ongoing membership agreement, the  following fees will apply: 

If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of  the Agreement = $485.00; or 

If there is less than 12 months but 6 months or more left of membership fee equivalent  remaining on the Minimum Term of the Agreement = $425.00; or 

If there are less than 6 months of membership fee equivalent remaining on the Minimum Term  of the Agreement = $300.00 or the total remainder of the Agreement – whichever is the lesser 

Clause 7.1.3.3 is amended as follows:  

Cancellations after completion of the Minimum Term - After the expiry of the minimum term or  payments, and after all instalments and fees due have been paid in full, should the box on the  front of the Direct Debit Request (DDR) and Contract requesting termination at minimum term  

be marked then the Direct Debit Request (DDR) and Contract shall automatically terminate.  Should the box on the front of the Direct Debit Request (DDR) and Contract requesting  termination after the minimum term not be marked, then this is an ongoing membership  agreement. The agreement will continue until either you or the supplier terminates it in the way  described in the agreement. If an automatic debit arrangement is in place, membership fees will  continue to be debited from your credit card or account until you or your fitness Centre cancels  the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop  the automatic debit arrangement in a manner not described in the agreement, then you may be  liable to the fitness Centre for damages for breach of contract. Any instalments/fees due at the  date of termination (including instalments/fees which fall due during the notice period) will  remain a debt owed to and recoverable by Debit success. There will be a period of notice of 30  days unless otherwise specified by the Centre between the date of request and the date of  actual termination during which any payments due must still be paid in full. The Member should  contact Debit success if they have not received written confirmation of the termination within  the 30-day period. The Member shall not consider that the Direct Debit Request (DDR) and  Contract has been terminated until such time as this is confirmed in writing to the Member by  Debit success (not more than 14 days after the termination date). Termination of the Direct  Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.  

25 ADDITIONAL TERMS IF ACCESS PROVIDED OUTSIDE STAFFED HOURS 

If the Membership type provided includes access to the Centre outside staffed hours, then the  provisions of this clause 25 apply to the membership:  

25.1 Pursuit Muay Thai Centres are unmanned facilities for periods of time and as such if you  participate in activities in these facilities, you are exposing yourself to the potential for serious  injury including death. As such you should take note that your rights to sue the supplier if you  are killed or injured because the activities were not supplied with due care and skill or were not  reasonably fit for their purpose, are (subject to clause 13) excluded, restricted or modified in the  way set out in or on this Membership Agreement including: 

25.1.1 the Member expressly indicates an understanding of the risks associated with  undertaking activities in an unmanned and unsupervised Centre and hereby releases,  indemnifies and holds harmless Pursuit Muay Thai, their respective owners, officers’ affiliates,  agents and employees in the event that I suffer personal loss, an injured or killed in the Centre;  and  

25.1.2 further, the Member provides this release whether it arises from the negligence of the  Centre or otherwise and does so with the intention that this release shall be as broad and  inclusive as the laws of the state allow.  

25.2 Subject to clause 4.3, the Member acknowledges and agrees that they may not admit  guests at any time to the Pursuit Muay Thai Centre. Furthermore, the Member agrees that if this  clause is breached then the following provisions shall apply:  

25.2.1 Upon a first breach the Member's access to the Pursuit Muay Thai Centre may be  immediately suspended for a period of 14 days and/or the Member may be notified that our  billing provider will debit an initial Tailgate Fee of up to $250 from the Member’s nominated  account.  

25.2.2 Upon any subsequent breach the Member may incur another Tailgate Fee of up to $250  and the Centre may immediately cancel the Member’s membership. In the event that the  membership is cancelled, the Member shall also be liable to and agrees to pay an appropriate  Cancellation Fee (dependant at which State is the Centre located) or 50% of the remaining  membership fees due and payable under the terms of the agreement, whichever is the lesser, in  addition to any Tailgate Fee payable.  

25.2.3 Some areas of the Centre will be locked off outside staffed hours and Members will not  have access. These general areas may include but are not limited to swimming areas, spa,  sauna, childcare areas and office areas. Please check with your facility to confirm. 

Direct Debt Request (DDR) Service Agreement  

DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT  

This DDR Service Agreement is designed to explain what your obligations are when undertaking  a direct debit arrangement involving Debitsuccess. It also details what our obligations are to you  and forms part of the terms and conditions of your Direct Debit Request and should be read in  conjunction with your Direct Debit Request.  

INITIAL TERMS  

I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) (Debitsuccess) APCA User ID  184534 to make periodic debits on behalf of the “Business” as indicated on Direct Debit  Request.  

I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set  out in the Direct Debit Request, administration/setup, variation, reversal, dishonour, or  processing fees may also apply and be debited under the Direct Debit Request as instructed by  the Business.  

RELATIONSHIP  

I/we acknowledge that Debitsuccess has been contracted by the Business to collect the  payments due under the agreement that I/we have entered into with the Business pursuant to 

which I/we have agreed to pay for goods/services provided by the Business (Agreement). All  payments due by me/us to the Business shall be made to Debitsuccess.  

I/We acknowledge that Debitsuccess is acting as an agent of the Business and that  Debitsuccess does not provide any goods or services, and has no express or implied liability in  relation to the goods and services provided by the Business or the terms and conditions of any  agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to  make periodic debits as set out in the Direct Debit Request  

CLEARED FUNDS  

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds  in the nominated account by, and at all times on, the due date of the payment (Day to Debit) to  enable the direct debit to be honoured on the Day to Debit. 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 when the debit is  attempted, I/we agree that I/we will be responsible for any fees and charges that may be  charged by my/our Financial Institution and by the Business.  

VARIATIONS TO DEBIT TERMS  

I/We authorize Debitsuccess to vary the amount of the payments upon instructions from the  Business, and where such instructions from the Business are received by Debitsuccess, I/we do  not require Debitsuccess to notify me/us of such variations to the debit amount.  

I/We acknowledge that Debitsuccess/or the Business is to provide 14 days’ notice if varying the  terms of the debit arrangements otherwise than as provided for herein.  

I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be  directed to the Business.  

CANCELLING THESE DEBIT TERMS  

I/We understand that I/we are able to cancel this DDR Service Agreement by requesting this of  the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the  authority to debit my/our account will not terminate my/our agreement with the Business or  remove my/our liability to make the payments I/we have agreed to.  

NON WORKING DAY  

When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next  working day.  

DISHONOURED PAYMENTS  

I/We acknowledge that:  

a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible  for any fees and charges charged by the Business as a result, in addition to any Financial  Institution charges and collection fees; and 

b) Debitsuccess may attempt to re-process any unsuccessful payments as advised by the  Business and/or add such unsuccessful payment to any future payments.

ACCURACY OF INFORMATION  

I/We acknowledge that it is my/our responsibility to ensure that the details entered on the Direct  Debit Request are correct and that Debitsuccess is not liable to the extent that any such details  are incorrect and this causes a required payment to be missed. In addition, where I/we are  paying the required payments by credit card and have entered the details of the credit card on  the Direct Debit Request, I/we agree that Debitsuccess may continue to debit from the credit  card in accordance with the terms of this DDR Service Agreement to the extent that the credit  card has expired, and that it is wholly my/our responsibility to provide details of any  replacement credit card to Debitsuccess via the Business.  

DISPUTES  

I/We acknowledge that any disputes regarding debit payments will be directed to the Business.  If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to  my/our Financial Institution.  

OTHER AUTHORISATIONS  

I/We authorise:  

a) Debitsuccess to verify details of my/our account with my/our Financial Institution; and b) The Financial Institution to release information allowing Debitsuccess to verify my/our  account details. 

c) Any notices to be given to me/us by electronic mail to the email address on the Direct  Debit Request (or any other email address notified in writing by me/us). 

I/we acknowledge that: 

a) This DDR Service Agreement will remain in force and effect in respect of all direct debits  passed to my/our account in good faith notwithstanding my/our death/bankruptcy or  other revocation of this DDR Service Agreement until actual notice of such event is received by the bank. 

b) Any dispute as to the correctness or validity of an amount debited to my/our account  shall not be the concern of the bank except in so far as the direct debit has not been  paid in accordance with this DDR Service Agreement. Any other dispute lies between  me/us and the Business. 

INFORMATION SECURITY 

We are collecting your personal information for the sole purpose of completing this direct debit  arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information  contained in the Direct Debit Request (including account details) and any other information that  we have about you confidential and secure, and will ensure that any of our employees or agents  

who have access to information about you do not make any unauthorised use, modification,  reproduction or disclosure of that information. You may request access to, and correction of,  any personal information held by Debitsuccess by writing to Debitsuccess at the address below.  You acknowledge that your personal information will be collected, used, held and disclosed in 

accordance with the Debitsuccess Limited Privacy Policy found at  

https://www.debitsuccess.com.au/privacy-policy 

Debitsuccess will only disclose information that we have about you: 

a) to the extent specifically required by law; 

b) to Financial Institutions participating in the direct debit payment system in connection  with a claim made on it relating to an alleged incorrect or wrongful debit; or c) for the purposes of this Agreement (including disclosing information in connection with  any query or claim). 

Should you have any queries in relation to these terms and conditions contact Debitsuccess Pty  Ltd.  

P.O. Box 577 Mt Waverley, VIC, 3149 

Phone: 1800 148 848  

E-mail: customerservice@debitsuccess.com