TERMS AND CONDITIONS
The following conditions of sale (“Conditions”) will apply to and bind the purchaser of any
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
BEATBALL Australia Pty Ltd (ACN 624022528) as the supplier of recreational services known as Beatball, sells all tickets and supplies all recreational services and facilities to you (“Customer”) including, but not limited to trampolining, trampolining lessons, Beatball lessons, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any other sporting or leisure-time pursuits (“Recreational Activities”) in the BEATBALL venue subject to the following terms outlined in these Conditions.
By purchasing a ticket for use at any of the facilities at any BEATBALL venue, entering a Beatball venue, including wearing a wristband supplied by BEATBALL or a stamp supplied by BEATBALL, accepting a discounted or complimentary pass to a BEATBALL venue, or by using any of the facilities at any BEATBALL venue, the Customer agrees to have understood and be bound by these Conditions and that these Conditions are deemed to have been signed by the Customer.
BEATBALL, its staff, management, directors and agents are not liable to the Customer, your dependents or legal representatives for personal injury or death suffered by the Customer whatsoever because the Recreational Activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by BEATBALL.
The Customer acknowledges that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the Customer assumes and accepts all such risks and hereby waives the right to sue BEATBALL for any personal injury or death in any way whatsoever caused by or relating to the Customer’s participation in the Recreational Activities.
The Customer acknowledges that BEATBALL’s Safety policy and rules are available on BEATBALL’s website. BEATBALL’s Safety policy and rules also include the rules and warnings displayed at BEATBALL venues. The Customer agrees to adhere to the Safety policy and rules and acknowledges that there is a significant risk in non-compliance with the Safety policy and rules. Strict adherence to the Safety policy and rules by the Customer is required by BEATBALL as a term of entry into a BEATBALL venue.
RISK WARNING: The use of trampolines, the cage, platform area inside cage or any other equipment at any BEATBALL venue involves significant risk of Customers suffering personal injury including the possibility of personal injury or death. All Customers who engage in such Recreational Activities do so at their own risk.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012: Under the Australian Consumer Law (VIC), 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;
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 23(3)(b) of the Australian Consumer Law Fair Trading Act 2012.
The Customer agrees to pay the cost of and authorises BEATBALL to take all steps it considers reasonably necessary to ensure the protection of his or her welfare in the event of personal injury, including but not limited to the administration of any emergency medical treatment and ambulance transportation.
Children must be at least 3 years old to use the facilities at any BEATBALL venue and when less than twelve (12) years of age be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these Conditions on their behalf and you will directly supervise them at all times.
Customers must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted inside the Beatball cage arena or allowed the use of any other sporting equipment inside the Beatball venue. If unsure, please seek medical advice and staff at the venue.
The weight limit for Customers is 120kgs. It is advised by BEATBALL that before engaging in any Recreational Activity, a Customer with weight concerns should seek approval from their medical practitioner. Children under 5 years old must have a parent or guardian inside the Beatball cage supervising them at all times. Without limiting any of the Conditions, Customers and supervisors of children that access the Beatball cage arena outside of these recommendations are at their own risk.
While in any BEATBALL venue you consent to images and video being taken for security or promotional marketing purposes of yourself, your children or of children for whom you are responsible.
Upon entering the BEATBALL venue you agree to protect and hold safe any of your personal belongings. BEATBALL is not held in any way responsible for any articles that may be lost or stolen at a BEATBALL venue.
All tickets remain the property of BEATBALL and cannot be refunded, transferred or resold. They are valid only for the date shown and are deemed void if tampered with.
A deposit is required to secure a party or event booking, and full payment made prior to your visit.
The deposit and the full payment made in advance are non-refundable.
The Customer must comply with all signs or other directions of BEATBALL and it may suspend or cancel the Customer’s access to any Recreational Activities at any BEATBALL venue in its absolute discretion for non-compliance with these Conditions, or for reckless or careless conduct, aggressiveness and any other behaviour deemed to be unsuitable by BEATBALL.
The Customer acknowledges that smoking, the consumption of alcohol (unless part of a private function) or the use of any unlawful drugs or stimulants at BEATBALL venues is strictly forbidden and your participation in the Recreational Activities will not be allowed should a member of staff from
BEATBALL consider that you have undertaken these activities at a BEATBALL venue or are under the influence of alcohol or unlawful drugs or stimulants.
If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any
BEATBALL venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he or she will be bound by these Conditions.
The Customer acknowledges that BEATBALL grip socks must always be worn inside the Beatball cage arena, and that closed toe shoes must be worn at all times in the Beatball venue at any other times.
No thongs allowed inside the Beatball venue.
The Customer acknowledges that external food and drink cannot be consumed on the premises apart from a personal water bottle for their hydration.
WARNING: 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 sign. NOTE: The change to your rights, as set out in or on this sign, 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.
WEBSITE TERMS AND CONDITIONS
WWW.BEATBALL.COM.AU ("BEATBALL Website")
By using the BEATBALL Website, you are agreeing to be bound by these Website Terms and Conditions.
The BEATBALL Website is provided by BEATBALL Australia Pty Ltd (ACN 62402252) (BEATBALL).
The BEATBALL Website may provide links to third-party websites and the products or services of third parties. BEATBALL disclaims all responsibility and liability in any way. Your access or use of any third-party sites is at your own risk.
The BEATBALL Website may from time to time display third party advertisements. Such advertisements or may not contain hyperlinks to third party websites. BEATBALL does not endorse or recommend the goods or services of such advertisers or their websites.
Copyright in the BEATBALL Website is owned by BEATBALL or its licensors.
The BEATBALL Website may contain trademarks or logos of BEATBALL, other companies, or organisations and these are proprietary to the owner(s) of such marks.
BEATBALL may at any time discontinue or limit access to the BEATBALL Website or its content.
BEATBALL may terminate or limit your access to the BEATBALL Website if you breach these conditions. All disclaimers and limitations of liability by BEATBALL will survive termination.
The prices of the BEATBALL products shall be the prices displayed on the BEATBALL Website on the date of your order (inclusive of Goods and Services Tax (“GST”) and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)).
All prices displayed on the BEATBALL Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the BEATBALL Website.
You may not cancel an order once it has been submitted and paid, even if a confirmation email from BEATBALL is still pending.
All online purchases are governed by the Terms and Conditions of the use of the BEATBALL venues, copies of which are available online and at the venues.
You acknowledge that despite BEATBALL’s reasonable precautions, BEATBALL’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances, or other oversight. In these circumstances, BEATBALL reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
If a cancellation occurs in accordance with the clause 11 of these Website Terms and Conditions, after your credit card has been charged for the purchase, BEATBALL will immediately issue a credit to your credit card account for the amount in question.
Details of the conditions applicable to the purchase of BEATBALL products on the BEATBALL Website may differ from time to time. BEATBALL reserves the right to make any changes to the details and Website Terms and Conditions if necessary to comply with any applicable legislation and to change the details and conditions published on the BEATBALL Website, without affording notice, provided that this does not materially affect the nature of the BEATBALL products purchased by you.
When you click on the “I Agree” checkbox when purchasing items from the BEATBALL Website, you agree to these Website Terms and Conditions and the Terms and Conditions of use of the BEATBALL venues, and BEATBALL will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. BEATBALL shall supply you, subject to availability, with BEATBALL products set out in your order. BEATBALL shall confirm each order made online via the BEATBALL Website or by email within two (2) business days.
When purchasing from the BEATBALL Website your financial details are passed through a secure server.
No transmission over the Internet can be guaranteed as totally secure. Whilst BEATBALL strives to protect such information, it does not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to BEATBALL, including your credit card details, is transmitted at your own risk and BEATBALL shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by BEATBALL.
Once BEATBALL receives your transmission, it will take reasonable steps to preserve the security of such information.
These Website Terms and Conditions shall be governed by and construed firstly in accordance with the laws of the State of Victoria (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these Website Terms and Conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Website Terms and Conditions shall remain and continue to be valid, binding and enforceable.