The following conditions of sale (“Conditions”) will apply to and bind the purchaser of any goods or services supplied by AFL MAX ADELAIDE PTY LTD ACN 620 423 261.
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
1) AFL Max Pty Ltd ACN 620 423 261 as trustee for (We, Our, or Us), and trading as AFL Max, as the supplier of recreational services: a) sells all tickets; and b) supplies all recreational services and facilities to You including, rental and maintenance, the condition, layout, construction, design, maintenance and use of equipment, the presence of people or objects on equipment, the surrounding areas and any other sporting or leisure time pursuits (Recreational Activities) in its premises, subject to the terms and conditions in this document (Conditions).
2) By: a) purchasing a ticket for using the facilities at Our premises, including wearing a wristband supplied by Us, accepting a discounted or complimentary pass to Our premises; or b) using the facilities at Our premises, You agree to have understood and be bound by these Conditions and that these Conditions are deemed to have been signed by You for the purpose of the exclusion of liability under section 42 of the Fair Trading Act 1987 (SA) (Fair Trading Act).
3) You acknowledge that: a) We, Our staff, management, directors and agents are not liable to You, Your dependants or legal representatives for personal injury, disability or death suffered by You 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 Us; b) the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury, disability and sometimes death can occur and You assume and accept all such risks and waive the right to sue Us for any personal injury, disability or death in any way whatsoever caused by or relating to Your participation in the Recreational Activities; c) to participate in our activity areas, all participants must be a minimum of five (5) years of age. Children less than thirteen (13) years of age must 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; d) You, Your children and children for whom you are responsible, are in good health and that You, Your children and children for whom You are responsible are free from any adverse medical conditions; e) the weight limit is 120kgs. If you have weight concerns, before You engage in any Recreational Activity, You should seek approval from Your medical practitioner. The minimum height recommended for the activity floor is 110cm or above and customers less than 110cm tall or under five (5) years old are only admissable to the 'Soft Play' Kids Zone only, and f) our safety policy and rules (Rules) are available on Our website which also include the rules and warnings displayed at Our premises. You agree to adhere to the Rules and acknowledge there is significant risk in non-compliance with the Rules. Strict adherence to the Rules by You is required by Us as a term of entry into Our premises.
4) While in Our premises You: a) agree to pay the cost of and authorise Us to take all steps We consider reasonably necessary to ensure the protection of Your welfare in the event of personal injury, including but not limited to the administration of any emergency medical treatment and ambulance transportation; b) consent to images and video being taken for security or promotional purposes of Yourself, Your children or of children for whom You are responsible; c) agree to protect and hold safe any of Your personal belongings. We are not in any way responsible for any articles that may have been lost or stolen on Our premises; and d) must comply with all signs or other directions and We may suspend or cancel Your access to Recreational Activities at Our premises in Our absolute discretion for non-compliance with these Conditions, or for reckless or careless conduct, aggressiveness and any other behaviour deemed unsuitable by Us.
5) Tickets issued by Us: a) remain Our property and cannot be refunded, transferred or resold (unless otherwise provided for Us); b) are valid only for the date shown; and c) are deemed void if tampered with.
6) You acknowledge that: a) external food and drink cannot be consumed on Our premises; and b) smoking, the consumption of alcohol (other than alcohol supplied by Us) or the use of any unlawful drugs or stimulants at Our premises is strictly forbidden and Your participation in the Recreational Activities will not be allowed if one of Our employees consider that You have undertaken these activities at Our premises, or are under the influence of alcohol or unlawful drugs or stimulants; and c) You cannot use Our equipment under the influence of alcohol, drugs or any other stimulant.
7) 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.
8) These Conditions are governed by the laws of the State of South Australia, the courts of which shall have exclusive jurisdiction. If any of these Conditions are determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions remain and continue to be valid, biding and enforceable
9) WARNING: If You participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if You are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice. The change to your rights, as set out in or on this notice, 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 and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
WEBSITE TERMS AND CONDITIONS
By using the website of AFL Max Pty Ltd ACN 620 423 261 (Website), you are agreeing to be bound by these terms and conditions.
The AFL Max Website is provided by ACN 620 423 261(We, Our or Us).
The Website may provide links to third party websites and the products or services of third parties. We disclaims all responsibility and liability in any way. Your access or use of any third party sites is at your own risk. The Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. We do not endorse or recommend the goods or services of advertisers or their websites.
Copyright in the Website is owned by Us or Our licensors. The Website may contain trademarks or logos of Ours, other companies, or organisations and these are proprietary to the owner(s) of such marks.
We may at any time discontinue or limit access to the Website or its content. We may terminate or limit your access to the to the Website if you breach these conditions. All disclaimers and limitations of liability by Us will survive termination.
The prices of Our products are the prices displayed on the 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 Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Website. You may not cancel an order once it has been submitted and paid, even if a confirmation email from Us is still pending.
All online purchases are governed by the terms and conditions of the use of Our venue, copies of which are available online and at Our venue.
You acknowledge that despite Our reasonable precautions, Our 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, We reserve 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 these terms and conditions, after your credit card has been charged for the purchase, We will immediately issue a credit to your credit card account for the amount in question.
Details of the conditions applicable to the purchase of Our products on the Website may differ from time to time. We reserve the right to make any changes to the details and these terms and conditions 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 Our products purchased by you.
When you click on the “I Agree” checkbox when purchasing items from the AFL Max Website, you agree to these terms and conditions and the terms and conditions of use of Our venue, and We will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. We will supply you, subject to availability, with the products set out in your order. We will confirm each order made online via the Website or by email within two (2) business days. When purchasing from the Website your financial details are passed through a secure server.
No transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, We do not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to Us, including your credit card details, is transmitted at your own risk and We 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 Us.
Once We receive your transmission, We will take reasonable steps to preserve the security of such information. These terms and conditions are governed by and construed firstly in accordance with the laws of the State of South Australia (the courts of which have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these terms and conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining terms and conditions remain and continue to be valid, binding and enforceable.
GIFT CARD TERMS AND CONDITIONS
A gift card may be used to purchase tickets issued by AFL Max Pty Ltd (ACN 620 423 261) (We, Our, or Us), merchandise and food and beverage at Our venues.
Gift cards: 1) are valid for 12 months from date of issue. 2) are not for resale and are not redeemable for cash. 3) will not be replaced if lost, damaged or stolen and will be considered null and void if tampered with.
In the event of any dispute, Our decision is final. We reserve the right to change these terms and conditions without notice.
For further clarifications, please contact us via email at firstname.lastname@example.org or via our live web chat located to the bottom right of the webpage.