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EASTSIDE ACTIVITY CENTRE CONDITIONS OF SALE
The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any Eastside Activity Centre product described in the Website.
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES.
BY SELECTING THE ‘I AGREE’ CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS & CONDITIONS. YOU AGREE THAT A CONTRACT FOR THE SALE AND SUPPLY OF SERVICES IS BEING FORMED BETWEEN YOU, THE CUSTOMER, AND EASTSIDE ACTIVITY CENTRE. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AND ENTERING THIS CONTRACT AS THEIR AGENT.
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – YOU ARE ENTERING A CONTRACT – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
1.1. “EAC” means Eastside Activity Centre (ABN 47 498 132 427), trading as Eastside Activity Centre and its employees, directors and agents as the supplier of Action Sport Services
1.2. “Action Sport Services” includes but is not limited to gymnastics, trampolining, trampolining lessons, use of gymnastics equipment, foam pit, bag jump, obstacle course use, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of trampolines and obstacles, the presence of people or objects thereon, the surrounding areas and any other associated sporting activities or similar leisure time pursuits.
- EAC sells all tickets and supplies all action sport services and facilities to you (the customer) in the EAC venue subject to the following conditions:
2.1. By purchasing a ticket for or by using any of the facilities at any EAC venue, the customer agrees to be bound by these terms and conditions.
2.2. EAC is not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer 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 EAC.
2.3. 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 EAC for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
2.4. RISK WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any EAC venue involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such recreational activities do so at their own risk.
2.5. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT
2012: Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in this agreement 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 & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these terms and conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & 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 agreement (paragraphs 2.2 and 2.3).
NOTE: The change to your rights, as set out in this agreement, 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 & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
2.6. The customer agrees to pay the cost of and authorises EAC to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
2.7. Children must be at least 3 years of age to use the facilities at any EAC venue and when less than 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.
2.8. Participants 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 in doubt please seek medical advice. By entering this agreement, you warrant that you are in good health and free from any adverse medical conditions or you will otherwise refrain from participating in the recreational activities.
2.9. While in any EAC 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.
2.10. All tickets remain the property of EAC and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
2.11. The customer and all participants must comply with all signs or other directions of EAC and it may suspend or cancel the customer’s and a participant’s access to recreational activities at any EAC venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
2.12. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any EAC venue on behalf of another person, you and that other person both agree that you make that purchase and enter this agreement as the authorised agent of that other person so that he/she will be bound by these terms & conditions.
ABOUT THE WEBSITE
- These Conditions of Sale
3.1 Please read these Conditions of Sale carefully before using the Website. By using the Website, you are agreeing to be bound by these Conditions of Sale.
3.2 The Website is provided by Eastside Activity Centre trading as Eastside Activity Centre.
3.3 The Website may provide links to third party websites and the products or services of third parties. EAC is not responsible and is not liable in any way for third party content provided on or through the Website. You assess or use of the third party sites is at your own risk.
3.4 This site may from time to time display third party advertisements. Such advertisements or may not contain hyperlinks to third party websites. EAC does not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.
3.5 Copyright in the Website is owned by EAC or its licensors.
2.6 The website may contain trade marks or logos of EAC, other companies or organisations and these are proprietary to the owner(s) of such marks.
3.7 EAC may at any time discontinue or limit access to the Website or its content. EAC may terminate or limit your assess to the to the Website if you breach these conditions. All disclaimers and limitations of liability by EAC will survive termination.
- Ordering Procedure
4.1 You may offer to purchase any of the EAC products described in the Website for the price specified on the Website.
4.2 Your order must contain your name, phone number, e-mail address, credit card details and any other ordering information specified on the Website.
4.3 Payment must be effected by credit card using the ordering facility on the Website.
4.4 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 business days please contact the EAC reception.
4.5 You may not cancel an order once it has been submitted and paid, even if a confirmation email from the EAC is still pending.
4.6 If you wish to purchase a EAC product by telephone, post or by visiting one of the EAC venues in your State 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 EAC venue.
5.1 The prices of the EAC products shall be the prices displayed on the Website on the date of your order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth).
5.2 All prices displayed on the Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Website.
- Cancellation due to error or unavailability
6.1 You acknowledge that despite EAC’s reasonable precautions, EAC’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, EAC reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
6.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase, EAC will immediately issue a credit to your credit card account for the amount in question.
- Details of conditions applicable to purchase of EAC products
Details of the conditions applicable to the purchase of EAC products on the Website may differ from time to time. EAC 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 Website, without affording notice, provided that this does not materially affect the nature of the EAC products purchased by you.
- Order submission and your agreement to these Conditions of Sale
When you click on the “I Agree” checkbox you agree to these Conditions of Sale and EAC will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. EAC shall supply you, subject to availability, with EAC Products set out in your order. EAC shall confirm each order made online via the Website or by email within two business days.
- Security Policy
9.1 When purchasing from the Website your financial details are passed through a secure server.
9.2 No transmission over the Internet can be guaranteed as totally secure. Whilst EAC 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 EAC, including your credit card details, is transmitted at your own risk and EAC 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 EAC.
9.3 Once EAC receives your transmission, it will take reasonable steps to preserve the security of such information.
- Law and jurisdiction
These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State in which your purchase is made (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these Conditions of Sale should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.
I Agree to the EAC Terms and Conditions and that bookings are non-refundable, non-transferable and only applicable for time and session date booked