BOUNCEinc CONDITIONS OF SALE
The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any BOUNCEinc product described in the Website.
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE ‘I AGREE’ CHECKBOX, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO THE CONDITIONS OF SALE, INCLUDING THE EXCLUSIONS OF LIABILITY AND WAIVER TO SUE, AND THAT THIS IS TO STAND IN PLACE OF MY PHYSICAL SIGNATURE.
If you are making a purchase on behalf of another person, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT.
- General Conditions
1.1. The customer agrees to pay the cost of and authorises BOUNCEinc 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.
1.2. Children must be at least 3 years of age to use the facilities at any BOUNCEinc 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.
1.3. 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.
1.4. While in any BOUNCEinc 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.
1.5. All tickets remain the property of BOUNCEinc and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
1.6. The customer and all participants must comply with all signs or other directions of BOUNCEinc and it may suspend or cancel the customer’s and a participant’s access to
recreational activities at any BOUNCEinc venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
1.7. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any BOUNCEinc 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
2.1. 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.
2.2. The Website is provided by BOUNCE Australia Pty Ltd trading as BOUNCEinc. The material and information on the Website is provided in good faith by BOUNCEinc. While BOUNCEinc takes all reasonable care to ensure that the content is correct, it cannot guarantee that all the material is always true, accurate and free from errors. Accordingly, you must use this Website at your own risk and accept that the material and information on the website may contain errors and omissions and that it is not intended as advice and must not be relied upon as such.
2.3. The Website may provide links to third party websites and the products or services of third parties. BOUNCEinc 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.
2.4. This Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. BOUNCEinc 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.
2.5. Copyright in the content and material on the Website is owned by BOUNCEinc or its licensors. You may download, store, display on your computer, view, listen to, play and print materials that BOUNCEinc publish or broadcast on the Website or make available for free download through the Website subject to the following: (a) the materials may be used by you solely for your own information and evaluation purposes relating to BOUNCEinc’ products and services; (b) the materials may not be modified or altered in any way; and (c) the materials may not be redistributed or sold to other parties.
2.6. No content of this Website may be used, reproduced, distributed, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the written permission of BOUNCEinc except:
2.6.1. as expressly permitted in these Conditions of Sale, or
2.6.2. as permitted under the Copyright Act 1968 (Cth) or other applicable laws.
2.7To the extent available by law, BOUNCEinc gives no guarantees or warranties in relation to the use or content of the Website. In particular, BOUNCEinc does not warrant that:
2.7. 1the Website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software;
2.7.2 the Website or any content will meet your requirements; or
2.7.3 the content does not infringe any third party intellectual property rights.
- Ordering Procedure
3.1. You may offer to purchase any of the BOUNCEinc products described in the Website for the price specified on the Website.
3.2. Your order must contain your name, phone number, e-mail address, credit card details and any other ordering information specified on the Website.
3.3. Payment must be effected by credit card using the ordering facility on the Website.
3.4. 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 BOUNCEinc Contact Centre.
3.5. You may not cancel an order once it has been submitted and paid, even if a confirmation email from the BOUNCEinc is still pending.
3.6. If you wish to purchase a BOUNCEinc product by telephone, post or by visiting one of the BOUNCEinc 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 BOUNCEinc venue.
4.1. The prices of the BOUNCEinc 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).
4.2. 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 of Order due to error or unavailability
5.1. You acknowledge that despite BOUNCEinc’s reasonable precautions, BOUNCEinc’s products may be listed on the Website at an incorrect price, with incorrect information, or which are unavailable due to an error or other oversight. In these circumstances, BOUNCEinc reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
5.2. If a cancellation of this nature occurs after your credit card has been charged for the purchase, BOUNCEinc will immediately, or as soon as practicable, issue a credit to your credit card account for the amount in question.
- Order submission and your agreement to these Conditions of Sale
When you sign your name on your computer screen and pay for the BOUNCEinc products you have ordered, you agree to these Conditions of Sale and BOUNCEinc will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. BOUNCEinc shall supply you, subject to availability, with BOUNCEinc products and services set out in your order. BOUNCEinc shall confirm each order made online via the Website or by email within two business days.
- Security Policy
7.1. When purchasing from the Website your financial details are passed through a secure server.
7.2. No transmission over the Internet can be guaranteed as totally secure. Whilst BOUNCEinc 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 BOUNCEinc, including your credit card details, is transmitted at your own risk and BOUNCEinc 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 BOUNCEinc.
7.3. Once BOUNCEinc receives your transmission, it will take reasonable steps to preserve the security of such information.
- Changes to the Conditions of Sale
BOUNCEinc retains the right to vary these Conditions of Sale from time to time (including changing the prices of any BOUNCEinc products) provided that this does not materially affect the nature of any BOUNCEinc products purchased by you. Any variations become effective on posting of the changes on the Website. By making a purchase through the Website you agree to be bound by these Conditions of Sale and by any later variation to them when posted on the Website. BOUNCEinc encourage users to review this document regularly to keep abreast of such changes.
- Termination of Access
Access to the Website may be terminated at any time by BOUNCEinc without notice. BOUNCEinc’s disclaimers and limitations of liability will nevertheless survive any such termination.
- Law and Jurisdiction
These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State of South Australia (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.
11.1. You agree and authorise BOUNCEinc and their agents to do each of the following:
11.1.1. Collect your personal information provided by you on the Website;
11.1.2. Use your personal information for administering and operating the Website and for marketing purposes such as planning, researching, promoting and/or marketing any goods and/or services of BOUNCEinc and/or a third party by email, mail or telephone; and
11.1.3. Disclose and/or transfer the personal information to related bodies corporate, officers, employees and agents of BOUNCEinc.
11.2. BOUNCEinc will only collect the personal information which is required for the functions and/or activities of the sale and supply of BOUNCEinc products. Your personal information will not be disclosed to any overseas recipients.
11.3. BOUNCEinc will offer you opportunities to OPT-OUT of receiving all communications (or selected communications) from it. If you elect to opt out, BOUNCEinc will ensure your details are excluded from all internal marketing lists and future promotions. However, if you do take advantage of any offer from a third party organisation, they may send further offers to you directly.
11.5. You can access, update, delete or correct any personal information relating to you held in BOUNCEinc’s database by contacting its privacy officer at firstname.lastname@example.org.
11.7. BOUNCEinc collects personal information required on the Website for the primary purpose of providing you with the products or services you are seeking and accordingly, if the personal information you provide is incomplete and/or inaccurate, BOUNCEinc may be unable to provide you with those products or services.
11.9. Personal information about yourself and your transaction records are available by contacting the BOUNCEinc privacy officer at email@example.com. Your personal information will be disclosed to you on request and with presentation of proper identification.
PRIVACY STATEMENT – See Website: www.bounceinc.com.au for privacy statement
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
- Bounce South Australia Pty Ltd (ACN 165 787 593), trading as BOUNCEinc as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including but not limited to trampolining, trampolining lessons, use of the wall, foam pit, 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 associated sporting activities or similar leisure time pursuits (‘Recreational Activities’) in the BOUNCEinc venue subject to the following conditions:
12.1. By purchasing a ticket for or by using any of the facilities at any BOUNCEinc venue, in South Australia the customer agrees to be bound by these conditions.
12.2. RISK WARNING: The Recreational Activities, which include the use of trampolines, the wall, foam pit, bag jump or any other equipment at any BOUNCEinc venue involve a significant risk to participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such activities do so at their own risk.
12.3. The customer acknowledges and agrees that:
12.3.1. 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 BOUNCEinc, its employees, directors or agents for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities;
12.3.2. BOUNCEinc, its employees, directors and agents are not liable to the customer, his/her dependants or legal representatives for personal injury or death suffered by the customer due to the negligence, breach of contract, statute or statutory duty by BOUNCEinc in any way relating to or arising from the supply of Recreational Activities to the customer;
12.3.3. the customer will indemnify BOUNCEinc, its employees, directors and agents for and against all liability to the customer due to the negligence, breach of contract, statute or statutory duty by BOUNCEinc in any way relating to or arising from the supply of Recreational Activities to the customer.
- Recreational services – Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is:
a statutory guarantee that those services will be rendered with due care and skill; and
a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify Bounce South Australia Pty Ltd’s (ACN 165 787 593) (trading as BOUNCEinc), liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights
I agree that the liability of BOUNCEinc for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
- Recreational Services are services that consist of participation in:
a sporting activity or similar leisure-time pursuit; or
any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
- Personal Injury is bodily injury and includes mental and nervous shock and death.
Further information about your rights can be found at www.ocba.sa.gov.au.
PRIVACY STATEMENT – Click here