URBAN XTREME – TERMS AND CONDITIONS
The following conditions of sale (“Conditions”) will apply to and bind the purchaser of any URBAN XTREME product.
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
- Urban Xtreme Adventures Pty Ltd (ACN 611 839 082) trading as Urban Xtreme as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (“Customer”) including, but not limited to imitation snow skiing/snowboarding/tube riding, trampolining, trampolining lessons, use of the wall, foam pit, bag jump, equipment rental and maintenance, use of trampolines, laser tag, climbing, ninja warrior course, parkour, playland, the presence of people or objects thereon, the surrounding areas and any other sporting or leisure time pursuits (“Recreational Activities”) in the Urban Xtreme venue subject to the following terms outlined in these Conditions.
- By purchasing a ticket for using any of the facilities at any Urban Xtreme venue, including wearing a wristband supplied by Urban Xtreme, accepting a discounted or complimentary pass to a Urban Xtreme venue, or by using any of the facilities at any Urban Xtreme venue, the Customer represents that it has read the conditions, meets the requirements of entry (including health, age, weight and height restrictions), agrees to be bound by these Conditions, and agrees that these Conditions are deemed to have been signed by the Customer.
- To the fullest extent allowable by law, Urban Xtreme, its related parties, affiliates, staff, contractors, management, directors and agents are not liable to the Customer, its related parties, affiliates, dependents or legal representatives for personal injury or death suffered by the Customer whatsoever, including but not limited to personal injury or death suffered due to the Recreational Activities not being provided with due care and skill or not being reasonably fit for their purpose or because of the negligence, breach of contract or statute, or statutory or common law duty owed by Urban Xtreme.
- To the extent allowable by law, Urban Xtreme makes no warranties or representations regarding the goods or services provided by Urban Xtreme, including but not limited to, its staff, the venue, facility or equipment.
- 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 bring any kind of claim or suit (legal or otherwise) against Urban Xtreme, and to the extent allowable by law fully indemnifies Urban Xtreme, for any personal injury or death caused in any way whatsoever by, or relating to, the Customer using any of the facilities at any Urban Xtreme venue or participating in the Recreational Activities.
- The Customer acknowledges that Urban Xtreme’s safety policy and rules are available on Urban Xtreme’s website. Urban Xtreme’s safety policy and rules also include the rules and warnings displayed at Urban Xtreme venues. The Customer agrees to adhere to the safety policy and rules and acknowledges that there is 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 Urban Xtreme as a term of entry into a Urban Xtreme venue.
- RISK WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any Urban Xtreme venue involves a significant risk of Customers suffering personal injury including the possibility of personal injury or death. All Customers who engage in Recreational Activities do so at their own risk.
- The Customer agrees to pay the cost of and authorises Urban Xtreme 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 eighteen (18) months of age to use the facilities at any Urban Xtreme venue and when less than thirteen (13) years of age be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these Conditions yourself and separately on their behalf and you will directly supervise them at all times.
- The Customer warrants that it is, and those it supervises are, of 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 independent and professional medical advice.
- The weight limit for Customers is 120kgs. It is advised by Urban Xtreme that before engaging in any Recreational Activity, a Customer with weight concerns should seek approval from their medical practitioner. The minimum height recommended for the activity floor is 110cm or above and Customers less than 110cm tall or under 5 years old are recommended to use the Xtreme Playland only. Without limiting any of the Conditions, Customers and supervisors of children acknowledge that access to either the Xtreme Playland or the activity floor outside of these recommendations is at their own risk.
- While in any Urban Xtreme 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.
- Upon entering the Urban Xtreme venue you agree to protect and hold safe any of your personal belongings. Urban Xtreme is not held in any way responsible for any articles that may be lost or stolen at an Urban Xtreme venue.
- All tickets remain the property of Urban Xtreme 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 Urban Xtreme and it may suspend or cancel the Customer’s access to Recreational Activities at any Urban Xtreme venue in its absolute discretion, including but not limited to, for non-compliance with these Conditions, or for reckless or careless conduct, aggressiveness and any other behaviour deemed to be unsuitable by Urban Xtreme.
- The Customer acknowledges that smoking, the consumption of alcohol or the use of any unlawful drugs or stimulants at Urban Xtreme venues is strictly forbidden and its participation in the Recreational Activities will not be allowed should a member of staff from Urban Xtreme consider that you have undertaken these activities at a Urban Xtreme venue, or are under the influence of alcohol, unlawful drugs, lawful drugs which may adversely affect cognitive and motor function, or stimulants. The Customer warrant and represents that it is not under the influence of alcohol, unlawful drugs, lawful drugs which may adversely affect cognitive and motor function, or stimulants (and will not be) while present at the Urban Xtreme facility.
- If you purchase a ticket for the use of the imitation snow sports facilities, trampolines, laser tag, ninja warrior course, parkour, climbing, playland or any other equipment or facilities at any Urban Xtreme 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 Urban Xtreme grip socks must be worn at all times on the trampolines and other activity areas, and that closed toe shoes must be worn at all times in the laser tag, ninja warrior course, parkour and climbing areas.
- The Customer must comply with the height restriction of 125cm tall to use the Performance trampolines, Air Bag Tower and Air Bag Performance Trampoline.
- The Customer acknowledges that external food and drink cannot be consumed on the premises.
WEBSITE TERMS AND CONDITIONS
www.urban-xtreme.com.au (“Urban Xtreme Website”)
By using the Urban Xtreme Website, you are agreeing to be bound by these Website Terms and Conditions.
- The Urban Xtreme Website is provided by Urban Xtreme Adventures Pty Ltd (ACN 611 839 082) (Urban Xtreme).
- The Urban Xtreme Website may provide links to third party websites and the products or services of third parties. Urban Xtreme disclaims all responsibility and liability in any way. Your access or use of any third party sites is at your own risk.
- The Urban Xtreme Website may from time to time display third party advertisements. Such advertisements may not contain hyperlinks to third party websites. Urban Xtreme does not endorse or recommend the goods or services of such advertisers or their websites.
- Copyright in the Urban Xtreme Website is owned by Urban Xtreme or its licensors.
- The Urban Xtreme Website may contain trademarks or logos of Urban Xtreme, other companies, or organisations and these are proprietary to the owner(s) of such marks.
- Urban Xtreme may at any time discontinue or limit access to the Urban Xtreme Website or its content. Urban Xtreme may terminate or limit your access to the to the Urban Xtreme Website if you breach these conditions. All disclaimers and limitations of liability by Urban Xtreme will survive termination.
- The prices of the Urban Xtreme products shall be the prices displayed on the Urban Xtreme 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 Urban Xtreme Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Urban Xtreme Website.
- You may not cancel an order once it has been submitted and paid, even if a confirmation email from Urban Xtreme is still pending.
- All online purchases are governed by the Terms and Conditions of the use of the Urban Xtreme venues, copies of which are available online and at the venues.
- You acknowledge that despite Urban Xtreme’s reasonable precautions, Urban Xtreme’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, Urban Xtreme 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, Urban Xtreme will immediately issue a credit to your credit card account for the amount in question.
- Details of the conditions applicable to the purchase of Urban Xtreme products on the Urban Xtreme Website may differ from time to time. Urban Xtreme 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 Urban Xtreme Website, without affording notice, provided that this does not materially affect the nature of the Urban Xtreme products purchased by you.
- When you click on the “I Agree” checkbox when purchasing items from the Urban Xtreme Website, you agree to these Website Terms and Conditions and the Terms and Conditions of use of the Urban Xtreme venues, and Urban Xtreme will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Urban Xtreme shall supply you, subject to availability, with Urban Xtreme products set out in your order. Urban Xtreme shall confirm each order made online via the Urban Xtreme Website or by email within two (2) business days.
- When purchasing from the Urban Xtreme Website your financial details are passed through a secure server.
- No transmission over the Internet can be guaranteed as totally secure. Whilst Urban Xtreme 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 Urban Xtreme, including your credit card details, is transmitted at your own risk and Urban Xtreme 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 Urban Xtreme.
- Urban Xtreme accepts not liability for loss or harm caused by your use or operation of the Urban Xtreme Website. By using the Urban Xtreme Website, you agree to indemnify Urban Xtreme to the greatest extent allowable by law for such loss or harm.
- Once Urban Xtreme 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 Queensland (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.