These terms and conditions on which ActiveSwim (the “Company”) provide subscription plans to the customers (the “Subscribers”) for the purpose as stated below.
These terms and conditions apply to all subscription plans (i.e. monthly, quarterly, annual, etc.) (the “Subscription”).
All Subscribers must abide by the terms and conditions as laid out below. In the unlikely event of failing to do so, the Company reserves the right to terminate, revoke or suspend the subscription of the Subscriber.
The Company reserves the right to vary these terms and conditions at any time with or without notice.
- Purpose of Subscription
The purpose of the Subscription is to provide the Subscribers entry and usage of the swimming pools and its related facilities located in Relau Sports Complex, Lebuh Relau 4, 11900 Bayan Lepas, Penang, Malaysia (the “Swimming Pools”).
The related facilities are as follows ONLY:-
- Main Olympic-sized swimming pool;
- Diving pool;
- The area surrounding the pools (including spectators stand); and
- Changing and shower rooms.
The Subscription does not include entry and usage of any other facilities located at Relau Sports Complex. However, entry into Relau Sports Complex is free of charge.
- Subscription plan subscription and payment
Subscribers may subscribe to subscription plans and pay via the following methods:-
- Auto-recurring payment via credit card or debit card at the beginning of the period of subscription; or
- Electronic transfer via bank online transfer to the following bank account:
Bank Name: Maybank
Bank Account Name: ActiveHQ PLT
Bank Account No.: 557045612823
Proof of payment / remittance must be produced to our admins upon payment for verification.
- Cancellation of Subscription
For cancellation of Subscription via auto-recurring payment by the Subscribers, the Subscriber should notify the Company via email (billing@activehq.com.my) at least seven (7) days before the next payment cycle date.
The Company shall not be obliged to refund the Subscriber if he/she is charged by the auto-recurring system due to informing the Company less than seven (7) days.
The Company will not refund any Subscriber if he/she cancels the Subscription before the expiry date of the Subscription.
- Subscription for patrons under 18 years old
Patrons under 18 years old require a parent/guardian to register and subscribe the Subscription on their behalf.
The parent/guardian shall represent and warrant that he/she is the parent or legal guardian of the Subscriber and shall also be binded to the terms and conditions of the Subscription.
- Subscription is non-transferable
Subscriptions are non-transferable to any other party than the intended Subscriber.
The Company reserves the right to ask for any form of verification from the Subscriber before permitting entry into the premises. Failure to do so may result in denial of entry into the premises.
- Rules and Regulation of Swimming Pools
Subscribers are expected to follow all rules, regulations, Standard Operating Procedures (“SOP”) of the Swimming Pools. The Subscribers are also to follow any instructions from the management of the Swimming Pools or any authorised personnel in charge of the Swimming Pools.
The management or authorised personnel reserves the right to deny entry and usage of the Swimming Pools and its related facilities if the Subscribers are found to violate any rules, regulations, SOP and instructions.
- Prohibited Conduct
Subscribers are prohibited from doing the following:-
- Share, transfer or resell the Subscription to any other person;
- Provide any false personal information during registration for the Subscription;
- Purposefully violate any rules, regulations, SOPs or instructions at the Swimming Pools;
- Engage in activities that violate applicable laws or is fraudulent, obscene, offensive or defamatory while using the Swimming Pools;
- Act in an offensive manner to other users of the Swimming Pools;
- Endanger the lives of other users of the Swimming Pools;
- Damage any items or property within the premises while using the facilities; and
- Conduct any swimming coaching or classes within the premise.
In the event that the Subscribers are found to breach the prohibited conduct, the Company and/or any authorized personnel reserve the right to remove the Subscriber from and deny entry into the premises. The Company also reserves the right to terminate, revoke or suspend the Subscription of the said Subscriber without further notice and without being required to offer any refund to the Subscriber.
The Company reserves the right to claim for compensation for any loss or damage to any items or property caused by the Subscriber.
- Termination, Revocation or Suspension of Subscription
The Company reserves the right to terminate, revoke or suspend the Subscription of any Subscriber due to the following:-
- any breach in the terms and conditions of the Subscription;
- any breach in the rules, regulations, SOPs or instructions set by the management or any authorized personnel when using the facilities;
- any irregularity or fraudulent transaction in paying for the Subscription.
The Company shall not be obliged or liable to refund in any amount to the Subscriber in the event of any termination, revocation or suspension of Subscription.
- Operating Hours and Days
The usual operating hours and days for the Swimming Pools are as follows:-
Days: Mondays to Sundays
Time: 8am – 11am (morning session)
4pm – 9pm (evening session)
The Swimming Pools may be closed with or without notice for the public and Subscribers due to any of the following reasons:-
- Major public holidays; or
- Any private events conducted at the premises; or
- Any major reparation works for the Swimming Pools and/or its facilities; or
- Any major dysfunction in the Swimming Pools and/or its facilities; or
- Any directives to close the facilities from the government or authorities; or
- Any natural disasters or any event that may put the users at risk of injury or death.
In the event of any closure of the Swimming Pools, the Company will not refund in any amount to the Subscribers for any loss suffered due to the closure.
- Liability and Disclaimer
The Subscribers (for Subscribers aged 18 and below, refers to the parents/guardian of the Subscriber) shall agree to indemnify and hold harmless the Company, its management or any authorised personnel of the Company against any liability resulting from any injury or death that may occur to any Subscribers while using the facilities at the Swimming Pools.
The Subscribers (for Subscribers aged 18 and below, refers to the parents/guardian of the Subscriber) shall also agree to indemnify the Company for any damage incurred arising from any claims, demand, action or cause of action by any Subscriber.
- Privacy and Media Release
The Company complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia in protecting the personal data of all Subscribers.
All personal information of the Subscribers will be treated with respect to privacy and will not be shared with any third party unless required otherwise according to any law or authorities.
Occasionally, the Company’s media team may take photographs and/or videos at the premises which may be used for our marketing and promotional purposes on, including but not limited to, the Company’s website and/or Facebook page.
In subscribing to the Subscription, the Subscribers agree to allow the Company to fully utilise all forms of media taken at the premises for the Company’s marketing and promotional purposes. All rights are reserved for the Company.