TERMS & CONDITIONS
The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any Gravity Shack product described in the Website.
IMPORTANT NOTICE – PLEASE READ EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
EXCLUSION OF LIABILITY AND WAIVER
1. Gravity Shack (ABN 53 612 582 322) and trading as Gravity Shack as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (“Customer”) including, but not limited to trampolining, trampolining lessons, use of the wall, bag jump, equipment rental and maintenance, 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 Gravity Shack venue subject to the following conditions outlined below:
2. By purchasing a ticket for, wearing a wristband, accepting a discounted or complimentary pass, or by using any of the facilities at any Gravity Shack venue, the Customer agrees to have understood and be bound by these conditions.
3. Gravity Shack, its staff, management, directors, consultants and agents are not liable to the Customer, your dependants or legal representatives for personal injury, disability 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 Gravity Shack.
4. The Customer acknowledges that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury, disability and sometimes death can occur and the Customer assumes and accepts all such risks and hereby waives the right to sue Gravity Shack for any personal injury, disability or death in any way whatsoever caused by or relating to the Customer’s participation in the Recreational Activities.
5. WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any Gravity Shack venue involves a significant risk of Customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such Recreational Activities do so at their own risk.
6. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC): 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 & Fair Trading Act 2012 (VIC), 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 & Fair Trading Act 2012 (VIC) if you are killed or suffer serious injuries or permanent disability because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (paragraphs 3 and 4 above).
7. NOTE: The change to your rights, as set out in this form, does not apply if your death, permanent disability 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 & Fair Trading Act 2012 (VIC) and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012 (VIC).
8. The Customer agrees to pay the cost of and authorises Gravity Shack 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.
9. Children must be at least eighteen (3) months of age to use the facilities at any Gravity Shack venue and when less than seven (7) 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.
10. 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 on the trampolines, the wall, foam pit, bag jump or any other equipment. If unsure please seek medical advice.
11. The weight limit for Customers in 120kgs. It is advised by Gravity Shack that before engaging in any Recreational Activity, a Customer with weight concerns should seek approval from their medical practitioner.
12. While in any Gravity Shack venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
13. Upon entering the Jumpz Trampoline Park venue you agree to protect and hold safe any of your personal belongings. Gravity Shack is not held in any way responsible for any articles that may have been lost or stolen on the course of entering the Gravity Shack venue.
14. All tickets remain the property of Gravity Shack and cannot be refunded, transferred or resold. They are valid only for the date shown and are deemed void if tampered with.
15. The Customer must comply with all signs or other directions of Gravity Shack and it may suspend or cancel the Customer’s access to Recreational Activities at any Gravity Shack 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 us.
16. The Customer acknowledges that smoking, the consumption of alcohol or the use of any unlawful drugs or stimulants is strictly forbidden and your participation in the Recreational Activities will not be allowed should a member of staff from Gravity Shack suspects that you are involved in the above.
17. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any Gravity Shack 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.
(GRAVITY SHACK WEBSITE)
Please read these Conditions of Sale carefully before using the Gravity Shack Website. By using the Gravity Shack Website, you are agreeing to be bound by these Conditions of Sale.
18. The Gravity Shack Website is provided by Gravity Shack (ABN 536 125 82322) trading as Gravity Shack.
19. The Gravity Shack Website may provide links to third party websites and the products or services of third parties. Gravity Shack disclaims all responsibility and liability in any way. You assess or use of the third party sites is at your own risk.
20. The Gravity Shack Website may from time to time display third party advertisements. Such advertisements or may not contain hyperlinks to third party websites. Gravity Shack does not endorse or recommend the goods or services of such advertisers or their websites.
21. Copyright in the Gravity Shack Website is owned by Gravity Shack or its licensors.
22. The Gravity Shack Website may contain trade marks or logos of Gravity Shack, other companies or organisations and these are proprietary to the owner(s) of such marks.
23. Gravity Shack may at any time discontinue or limit access to the Gravity Shack Website or its content. Gravity Shack may terminate or limit your assess to the to the Gravity Shack k Website if you breach these conditions. All disclaimers and limitations of liability by Gravity Shack will survive termination.
ORDERING FROM THE GRAVITY SHACK WEBSITE
24. You may offer to purchase any of the Gravity Shack products described in the Gravity Shack Website for the price specified on the Gravity Shack Website.
25. Your order must contain your name, phone number, e-mail address, credit card details and any other ordering information specified on the Gravity Shack Website.
26. Payment must be effected by credit card using the payment system on the Gravity Shack Website.
27. Confirmation of your purchase will be sent to your nominated email address once your payment for the transaction has been cleared. If you do not receive a confirmation email within two (2) business days please contact the Gravity Shack.
28. You may not cancel an order once it has been submitted and paid, even if a confirmation email from Gravity Shack is still pending.
29. If you wish to purchase a Gravity Shack product by telephone, post or by visiting one of the Gravity Shack venues then any such purchase will be governed by these Conditions of Sale (excluding any of the Conditions of Sale that are specific to purchases made using the Website) but including the conditions displayed at the Gravity Shack venue.
30. The prices of the Gravity Shack products shall be the prices displayed on the Gravity Shack 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).
31. All prices displayed on the Gravity Shack Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Gravity Shack Website.
CANCELLATION DUE TO ERROR OR UNAVAILABILITY
32. You acknowledge that despite Gravity Shack’s reasonable precautions, Gravity Shack’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, Gravity Shack reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
33. If a cancellation occurs in accordance with the clause 32, after your credit card has been charged for the purchase, Gravity Shack will immediately issue a credit to your credit card account for the amount in question.
DETAILS OF CONDITIONS APPLICABLE TO PURCHASE OF GRAVITY SHACK PRODUCTS
34. Details of the conditions applicable to the purchase of Gravity Shack products on the Gravity Shack Website may differ from time to time. Gravity Shack reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Gravity Shack Website, without affording notice, provided that this does not materially affect the nature of the Gravity Shack products purchased by you. Order submission and your agreement to these Conditions of Sale
35. When you click on the “I Agree” checkbox you agree to these Conditions of Sale and Gravity Shack will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Gravity Shack shall supply you, subject to availability, with Gravity Shack Products set out in your order. Gravity Shack shall confirm each order made online via the Gravity Shack Website or by email within two (2) business days.
36. When purchasing from the J Gravity Shack Website your financial details are passed through a secure server.
37. No transmission over the Internet can be guaranteed as totally secure. Whilst Gravity Shack 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 Gravity Shack, including your credit card details, is transmitted at your own risk and Gravity Shack 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 J Gravity Shack.
38. Once Gravity Shack receives your transmission, it will take reasonable steps to preserve the security of such information.
39. All bookings are non refundable and non transferable.