Terms & Conditions
Funhouse HQ
Funhouse HQ CONDITIONS OF SALE The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any Funhouse HQ 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 FUNHOUSE HQ. 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!
- “Funhouse HQ” means Funhouse Entertainment Pty Ltd (ACN 688 040 379), trading as Funhouse HQ and its employees, directors, and agents as the supplier of Recreational Services.
- “Recreational Services” includes but is not limited to trampolining, trampolining lessons; use of the climbing walls, playground, air bag jump, super climber, inflatable wipeout, sports arenas, the condition, layout, construction, design, maintenance, and use of trampolines and other equipment; the presence of people or objects on any equipment, the surrounding areas and any other associated recreational activities or similar leisure time pursuits.
- By purchasing a ticket for or by using any of the facilities at any Funhouse HQ venue, the customer agrees to be bound by these terms and conditions.
- RISK WARNING: The use of trampolines, climbing walls, playground, air bag jump, super climber, inflatable wipeout, sports arenas or any other equipment at any Funhouse HQ 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 activities do so at their own risk.
- The customer hereby waives the right to sue Funhouse HQ for any personal injury or death in any way whatsoever caused by, arising out of, or relating to the customer’s participation in the activities that are the subject of the RISK WARNING and/or the supply of the Recreational Services.
- Funhouse HQ is not liable to the customer, the customer’s dependants or legal representatives for personal injury or death suffered by the customer because:
- (a)the Recreational Services were not supplied with due care and skill or were not reasonably fit for their purpose or due to a breach of any other consumer guarantees imposed by the Australian Consumer Law.(b)of the negligence, breach of contract, and/or breach of statute/statutory duty of Funhouse HQ.
The customer agrees to indemnify Funhouse HQ for and against all liability to the customer or their dependants, for personal injury suffered by the customer due to:
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 Funhouse HQ 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, climbing walls, playground, air bag jump, super climber, inflatable wipeout, sports arenas or any other equipment at any Funhouse HQ 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:
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 22 (3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
2.6.
The customer agrees to pay the cost of and authorises Funhouse HQ 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.
There is no minimum age or height but in order to ensure the safety of our bouncers, children must be able to walk. When less than 12 years of age the child 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.
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, climbing walls, playground, air bag jump, super climber, inflatable wipeout, sports arenas, 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 Funhouse HQ 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 Funhouse HQ 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 Funhouse HQ and it may suspend or cancel the customer’s and a participant’s access to recreational activities at any Funhouse HQ 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 Funhouse HQ 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
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 Funhouse Entertainment Pty Ltd trading as Funhouse HQ.
3.3
The Website may provide links to third party websites and the products or services of third parties. Funhouse HQ 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. Funhouse HQ 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 Funhouse HQ or its licensors.
3.6
The website may contain trademarks or logos of Funhouse HQ, other companies or organisations and these are proprietary to the owner(s) of such marks.
3.7
Funhouse HQ may at any time discontinue or limit access to the Website or its content. Funhouse HQ may terminate or limit your assess to the to the Website if you breach these conditions. All disclaimers and limitations of liability by Funhouse HQ will survive termination.
4.1
You may offer to purchase any of the Funhouse HQ 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 Funhouse HQ Contact Centre.
4.5
You may not cancel an order once it has been submitted and paid, even if a confirmation email from the Funhouse HQ is still pending.
4.6
If you wish to purchase a Funhouse HQ product by telephone, post or by visiting the Funhouse HQ venue 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 Funhouse HQ venue.
5.1
The prices of the Funhouse HQ 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.
6.1
You acknowledge that despite Funhouse HQ’s reasonable precautions, Funhouse HQ’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, Funhouse HQ 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, Funhouse HQ will immediately issue a credit to your credit card account for the amount in question.
Details of the conditions applicable to the purchase of Funhouse HQ products on the Website may differ from time to time. Funhouse HQ 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 Funhouse HQ products purchased by you.
When you click on the “I Agree” checkbox you agree to these Conditions of Sale and Funhouse HQ will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Funhouse HQ shall supply you, subject to availability, with Funhouse HQ Products set out in your order. Funhouse HQ shall confirm each order made online via the Website or by email within two business days.
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 Funhouse HQ 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 Funhouse HQ, including your credit card details, is transmitted at your own risk and Funhouse HQ 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 Funhouse HQ.
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 Funhouse HQ Terms and Conditions and that bookings are non-refundable, non-transferable and only applicable for time and session date booked PRIVACY STATEMENT – Click here