GAMES ARENA

WEBSITE TERMS OF USE // SUPERPARK AUSTRALIA LTD ACN 657 638 992 (SUPERPARK AUSTRALIA)

1. Disclaimers
   1. Use the SuperPark Australia website (this website) at your own risk.
   2. SuperPark Australia (also referred to as we / us) is not responsible for any loss, damage, mistakes or omissions that may occur from your use of this website at any point in time.
   3. Links to Other Websites
      1. External or Third-Party website links may appear on this website, however we do not endorse the linked sites.
      2. Although reasonable care is taken to ensure that this website is free from viruses, we do not accept responsibility for any viruses which may affect any material you download or view.
   4. Goods and Services
      1. Price and availability information is subject to change without notice.
      2. Information on this website must be read in conjunction with promotional materials made available at the SuperPark Australia venues and in the event of inconsistency, the information set out in any promotional materials made available to you at our venues will prevail.
2. Copyright
   1. The copyright and intellectual property rights in all the contents and material on this website belong to SuperPark Australia Pty Ltd.
   2. You may not:
      1. Copy or use, in whole or in part, any Content;
      2. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party;
      3. Store any part of this website or copy any part of this website and store them on other websites without our prior consent.
      4. Print or copy any components of the website or use any part of this website in other corporate or commercial documents without our prior consent.
      5. Use the website in any way which it was not intended to be used by SuperPark Australia.
   3. You may:
      1. You may print or copy any components of the website for personal use only.
      2. You may print or copy any components of the website for third parties provided this is for their personal use only and not for commercial gain.
      3. Link to the home page of this website with the prior consent of SuperPark Australia.

TERMS & CONDITIONS // SUPERPARK HIGHPOINT LTD ACN 667 619 614 (SUPERPARK)

These terms and conditions (Terms) will apply to and bind the purchaser of, or any participant of, any SuperPark product, activity, service or facility.

Please read these Terms carefully before selecting or proceeding with your purchase.

By proceeding with your purchase, using any of the services and/or facilities or participating in any activities at the SuperPark premises, you acknowledge that:

• you have read, and understand and agree to be bound by, these Terms; and
• you are at least 18 years of age.

If you are making a purchase on behalf of another person, you agree that you are duly authorised as their agent (each, a Customer) and that each Customer agrees to be bound by these Terms.

If you are making a purchase on behalf of a participant under the age of 18 (Minor), you agree that you are making the purchase with full authority as, or as agent on behalf of, the parent or legal guardian of the Minor, and agree to be bound by these Terms on behalf of the Minor, or their parent or legal guardian (as the case may be).

Any person accompanying a Customer is also deemed to be a Customer and shall be bound by these Terms.

1. Definitions

In these Terms, the following definitions apply:

• Activities means all sporting and recreational activities at a Venue, including but not limited to, to pedal car track, adventure city, kids gym, soft play city, archery, street game court, superbowling, superball, superhoop, superpinball, superfooty, air hockey, foosball, valo jump, ninja track, iwall, iteacher, adventure area, games arena, freestyle hall, sensory activities, tube slide, gymnastics area, climbing walls, trampolining, sliding mountain, interactive wall climbing, obstacles courses, interactive soft play equipment and the use, rental or maintenance of any item or equipment at a Venue.
• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2009 (Cth).
• Customer means an individual that purchases a Ticket, or otherwise attends a Venue, to participate in the Activities or an Event.
• Event has the meaning given in clause 8.
• Ticket means the confirmation you received as a Customer to validate your ability to gain access to the Venue and participate in the Activities or an Event.
• Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
• Responsible Adult means a person who is a minimum of 18 years of age, agrees to be responsible for Minors, be bound by these Terms on their behalf and will directly supervise them at all times.
• SuperPark means SuperPark Highpoint Ltd ACN 657 638 992, its employees, directors and agents, and all other persons or entities acting in a capacity on its behalf.
• Venue means one of SuperPark’s all-in-one indoor activity parks in Australia where the Activities and facilities are located.
• Website means the SuperPark website available at https://www.superpark.com.au.

2. Waiver
   1. 1. Your participation in the Activities is subject to the SuperPark Waiver, available at [https://waiver.roller.app/superparkhighpoint]. Each Customer (whether on their own behalf or on behalf of a Minor) must sign the Waiver as a condition of access to the Activities and understands that no access will be granted if they do not sign the Waiver.
      2. By purchasing a Ticket, you acknowledge and agree to be bound by the terms of the Waiver.
3. Minors
   1. 1. Where a Customer is responsible for a Minor (whether as legal guardian or otherwise), the Customer agrees to be bound by these Terms on the Minor’s behalf. The Customer takes responsibility for the Minor’s safety and must directly supervise them at all times, particularly for any Minors under 12 years of age.
      2. The Customer agrees to explain the risks outlined herein to the Minor(s) they are accompanying and/or booking or purchasing a Ticket for and agrees to the acceptance and assumption of risks herein stated on their behalf.
4. Medical Conditions
   1. 1. Customers must be in good health and physical condition and free from any medical conditions which may affect or preclude them from safely participating in any Activities.
      2. For safety reasons, pregnant women and Customers with pre-existing health issues or wearing casts are not recommended at the Venue. If in doubt, please seek medical advice.
5. Tickets
   1. 1. Tickets cannot be transferred or resold.
      2. Tickets are valid only for the date and time slot shown and are void if tampered with.
6. Gift Cards
   1. 1. You may purchase gift cards for a $AUD amount which are valid for 3 years from the date of purchase. We have no obligation to remind or inform you of a gift card’s expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.
      2. Gift cards can be redeemed at the Venue or used via the Website to purchase a Ticket or merchandise or to book an Event.
      3. Gift card balances cannot be exchanged for cash or redeemed against the purchase of another card. A gift card expires automatically once its balance has been exhausted.
      4. An individual gift card can hold between $35 and $1000. This limit cannot be exceeded by performing balance transfers.
      5. Where a purchase exceeds the balance of a gift card, the Customer will be required to pay the difference between the gift card balance and the purchase price.
      6. You are solely responsible for the safe keeping and security of your gift card following delivery. In cases where your gift card is lost or stolen, SuperPark is unable to replace or reimburse the remaining balance on a card. SuperPark cannot be held responsible for any balance lost on a gift card as a result of theft or fraud.
      7. Gift cards are not transferrable or refundable.
7. Online Ordering
   1. 1. You may choose to purchase any of the SuperPark products described on the Website for the price specified on the Website.
      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. Payment must be effected by credit card, Apple Pay or Google Pay using the ordering facility on the Website.
      4. Confirmation of your order 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 SuperPark Guest Experience Team. The purchase contract is not complete until we issue this confirmation email.
      5. Your Ticket(s) will be delivered by email. You must present the booking confirmation with the QR code at the Venue, otherwise you may not be able to use your Tickets.
      6. When you click on the “I Agree” checkbox you agree to these Terms and SuperPark will treat this as a binding order. You are responsible for ensuring the accuracy of your order. Upon confirming your order, SuperPark shall supply you, subject to availability, with SuperPark products set out in your order. SuperPark will normally confirm each order made online via the Website or by email within two business days.
      7. You may not cancel an order once it has been submitted and paid, even if you have not received a confirmation email from SuperPark. Once you have submitted an order, your payment will be non-refundable, even if you decide not to use the Ticket(s) ordered.
      8. Any purchase by telephone or by visiting the Venue will be governed by these Terms (excluding any part of the Terms that are specific to purchases made using the Website), and such other conditions as may be informed to you over the telephone or displayed at the Venue (as the case may be).
8. Parties and events
   1. Application of these Terms and Conditions
      1. These Terms and Conditions apply to parties and events (Event) held at the Venue. You can view our Event offering on our website at [www.superpark.com.au].
   2. Bookings
      1. Where you book an Event with us, you agree that:
      2. bookings must be made at least 8 days prior to the proposed Event date;
      3. a deposit of $250 is required at the time of booking;
      4. a minimum of 12 guests is required for an Event with the maximum for any one room being 16 guests;
      5. you are not permitted to bring any food or drinks into the Venue and it is your responsibility to notify us, at least 7 days prior to your proposed Event, of any dietary requirements or allergies of your guests;
      6. final attendance numbers must be provided and payment of the balance of your booking fee must be paid no later than 7 days prior to your proposed Event; and
      7. Event inclusions are subject to change due to availability.
   3. Decorations
      1. Any balloons or decorations you bring to the Venue must be removed by you at the time your Event concludes.
      2. You are not permitted to bring piñatas, face paint, party poppers, confetti, bubbles, party horns, whistles, lollipops or silly string onto the Venue and SuperPark reserves its right to remove any items it, in its sole discretion, deems to be unsafe, from the party room for your collection at the time your Event concludes.
   4. Changes and cancellations
      1. You must notify us at least 30 days prior to your Event of any changes to the proposed Event date.
      2. Changes made in accordance with clause (a) above will be subject to availability and SuperPark gives no warranty that your preferred date will be available.
      3. You agree that where your booking is cancelled within 30 days of the Event date, the booking fee is non-refundable.
9. Appropriate clothing to be worn
   1. 1. Appropriate clothing (i.e., tops must be worn at all times and clothing with offensive pictures or slogans are not permitted), including SuperPark grip socks, must be worn at all times when participating in the Activities.
      2. SuperPark grip socks are available for purchase from the Venue and will be yours to keep for future visits.
      3. As we cannot guarantee the quality of other brands, only SuperPark brand grip socks are permitted to be worn.
10. Compliance with directions
    1. 1. Customers must comply with all signs, notices, directions, instructions or requests of SuperPark.
       2. SuperPark reserves the right (in its absolute discretion) to suspend or cancel any Customer’s access to any Activities and/or any Venue, without refund or compensation, for non-compliance with these Terms, signs, notices, directions, instructions or requests, or for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the Venue, or if SuperPark considers that the circumstances so require.
       3. You indemnify us against any losses, claims, damages and expenses (including reasonable legal costs) arising out of or in connection with your own or any individual’s failure to comply with the reasonable directions of SuperPark.
11. Intoxication
    1. 1. Customers:
          1. will not be permitted to access the Venue or participate in any Activities whilst under the influence of drugs or alcohol; and
          2. must not bring any drugs or alcohol into the Venue.
       2. SuperPark reserves the right to cancel a Customer’s Ticket and remove them from the Venue if SuperPark has reasonable grounds to believe the Customer is under the influence of drugs or alcohol or has brought drugs or alcohol into the Venue.
       3. SuperPark will not be liable for the actions or behaviour of any individual in or around the Venue that is under the influence of drugs or alcohol.
12. Customer’s property  
    1. 1. Customers must look after their own belongings at the Venue. Items such as phones and cameras may get damaged if they are used during the Activities, and SuperPark shall not be liable for any loss or damage to any Customer’s property (howsoever caused) while at the Venue.
13. Images, Personal Information and Privacy Policy
    1. SuperPark images
       1. SuperPark may operate closed circuit television or cameras at the Venue. You hereby consent to images and videos being taken for security of you and/or your accompanied Minors.
       2. Such images and videos will be the exclusive property of SuperPark and you hereby consent to such collection, use and disclosure of such personal information by SuperPark for security and review purposes, including occasions where necessary, requiring the images and videos to be handed to authorities for further investigations. For further information, please see our Privacy Policy.
    2. Other Customers images
       1. The Customer acknowledges and understands that other individuals in the Venue may use or operate videography and/or photography devices (such as camera phones, cameras and video cameras), and agrees that SuperPark has no control over, and is not responsible or liable for, any images which may be captured by such devices, and how such images may be used, processed or disclosed.
    3. Customer’s Privacy
       1. SuperPark may collect, use and/or disclose of any personal information provided by Customers in accordance with our Privacy Policy [www.superpark.com.au/privacy-policy] (which shall form part of these Terms), and by proceeding with the booking/purchase, the Customer consents to such collection, use and disclosure of such personal information by SuperPark and to the terms of the Privacy Policy.
14. Intellectual Property
    1. 1. SuperPark owns or is the licensee of all Intellectual Property Rights in the SuperPark business.
       2. The Customer understands and agrees that no rights to SuperPark’s Intellectual Property Rights are created as a result of this Agreement.
       3. The Customer is not permitted to use SuperPark’s Intellectual Property Rights in any manner without the prior written consent of SuperPark.
15. Liability and indemnity
    1. Liability
       1. You discharge SuperPark, its employees, directors and agents from any liability to you as the Customer, your dependants or legal representatives for personal injury or death suffered due to any cause whatsoever including, but not limited to, acts of other people in the Venue, where the 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 SuperPark.
    2. Indemnity
       1. The Customer fully indemnifies SuperPark at all times from any and all damages, losses, costs (including legal and other professional costs) and Claims by you or any other person of whatever nature which may arise out of, be suffered, or incurred, directly or indirectly, by you because of, or in connection with, your entry to the Venue, any Activities at, and use of SuperPark’s facilities.
16. Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 16 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
    1. 1. the re-supply of the services or products;
       2. the payment of the direct costs of having the services or products resupplied; or
       3. a refund of the Ticket or product costs.
17. Pricing
    1. 1. The prices of the SuperPark products shall be the prices displayed on the Website on the date of your order. There may occasionally be an error in the price displayed on the Website.
       2. All prices displayed on the Website are quoted in Australian dollars and must be paid in full, subject to any discounts which are offered as detailed on the Website at the point of such purchase.
18. Refunds
    1. 1. Unless otherwise stated in these Terms, SuperPark products and services are non-transferable and not redeemable for cash and will be cancelled without refund if used by anyone else.
       2. Refunds on SuperPark products and services are only available in accordance with the Australian Consumer Law and will not be granted for change of mind.
       3. SuperPark products and services cannot be on-sold to another party or third party for re-sale to customers and will be cancelled without refund if used by anyone else.
19. Money Back Guarantee
    1. 1. In the event you are not satisfied with the Activities, SuperPark may, at its discretion, provide you with a refund of your Ticket cost (Money Back Guarantee).
       2. To be eligible for the Money Back Guarantee, the Customer must:
          1. have accessed the Activities by scanning into the play area; and
          2. notify the SuperPark Crew that you are dissatisfied within 15 minutes of your session start time (as shown on your Ticket).
       3. Provision of the Money Back Guarantee will be at SuperPark’s sole discretion and SuperPark reserves the right to refuse a Money Back Guarantee if it has grounds to reasonably believe that the Customer has not participated in the Activities.
       4. The Money Back Guarantee will not be provided for late arrivals or a failure to participate in the Activities at the Customer’s allocated session time.
20. Cancellation
    1. Cancellation due to error or unavailability
       1. You acknowledge that despite SuperPark’s reasonable precautions, SuperPark’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error or other oversight. In these circumstances, SuperPark reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
       2. If a cancellation of this nature occurs after your credit card has been charged for the purchase, SuperPark will promptly issue a credit to your credit card account for the amount in question.
    2. Cancellation for other reasons
       1. Under normal circumstances, a confirmed order will enable you to engage in the Activities specified in your order at the Venue. However, there may be circumstances in which we are unable to make the Venue or Activities available on the date or at the time allocated. This may be as a result of unexpected closure of the Venue, damage to the facilities rendering them unsafe, insufficient staff availability or otherwise. In such circumstances, we will inform you of the situation and either refund the ticket price or allow you to reschedule (if possible). SuperPark shall not be liable for travel costs or any other losses in connection with such cancellation.
21. Details of conditions applicable to purchase of SuperPark products
    1. 1. Details of the conditions applicable to the purchase of products on the Website may differ from time to time.
       2. SuperPark reserves the right to make any changes to the details and these Terms if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording prior notice, provided that this does not materially affect the nature of the SuperPark products purchased by you, and your continued use of the SuperPark products and/or the Website shall constitute your acceptance of and agreement to such amended Terms.
       3. Please check this Website regularly for the most up-to-date version of the Terms.
22. General
    1. 1. Each of the terms of these Terms shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Waiver, the relevant terms of the Waiver shall prevail.
       2. Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
       3. These Terms shall be governed by and construed in accordance with the laws of Victoria and the courts of Victoria shall have exclusive jurisdiction over any dispute arising in connection with these Terms.