TERMS & CONDITIONS
SMASH SPLASH PTY LTD TERMS AND CONDITIONS 3 rd November 2018
WEBSITE TERMS AND CONDITIONS
1. About the Website
1.1 Welcome to smashplash.com.au (the ‘Website’). The website provides information about the smash and splash rooms. (the ‘Services’).
1.2 The website is operated by Smash Splash PTY. LTD. (ABN 37628423058). Access to and use of the Website, or any of its associated Products or Services, is provided by Smash Splash. It is important that you please read these terms and conditions (the ‘Terms’) carefully. By using and/or reading the Website, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
1.3 Smash Splash have the right to review and change any of the Terms by updating this page at its sole discretion. Smash Splash will ensure reasonable actions are taken to provide you with notice of updates to the Terms. Any changes to the Terms will immediately take place on the date of publication. We recommend you keep a copy for your records, before you continue.
2. Acceptance of the Terms 2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Smash Splash on the booking page.
3. Use of Services
3.1 As part of the booking process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including: email address, home address, telephone number and photo ID.
3.2 You ensure that any information you provide to Smash Splash throughout the booking process will always be accurate, true and up to date.
3.3 Once you have completed the booking process, you will be registered as a user of the Website (‘User’) and agree to be bound by the Terms.
3.4 You may not use the Services and may not accept the Terms if: you are not of legal age to form a binding agreement with Smash Splash and or you are not permitted to receive and or participate in using Services under Australia law.
3.5 You agree to read and sign a waiver as part of the Service and Terms for use of rooms.
4. Your Obligations as a User
4.1 As a user, you agree to comply within the terms and conditions. You will have sole responsibility for protecting the confidentiality of your password, email address and any other personal information.
4.2 Use of your booking information by any other person or third party is prohibited. You agree to advise Smash Splash of any breach of security or unauthorized use of your personal information.
4.3 You will not use Smash Splash Website and Services in conjunction with any commercial ventures unless approved and endorsed by Smash Splash. SMASH SPLASH PTY LTD TERMS AND CONDITIONS 3 rd November 2018
4.4 You agree that unsolicited commercial advertisements, links and other materials will be removed from the Website and Social Media platforms without notice. As a result, you accept termination of Services and legal action will be taken by Smash Splash for any unauthorized or illegal use of the Website and Services.
5.1 You agree to adhere to Smash Splash safety procedures and rules. You will wear safety attire and attend a briefing before your session. 6. Payment 6.1 All payments made when booking the services are made using Pay Pal. When using the Website, the Services or making a payment, you warrant that you have read, understood and agree to be bound by the Pay Pal terms and conditions which are available on their website.
6.2 If the Service Fee is unpaid by you for any reasons and or is returned or denied, by your financial institution, you consent and agree that you will be liable for any costs, including banking fees and charges.
6.3 You agree that Smash Splash can vary the Service Fee at any time.
6.4 Smash Splash will provide you with confirmation of each booking. If you do not receive a confirmation email within 24 hours of making payment, please contact us.
7. Refund and Cancellation Policy
6.1 Smash Splash will only provide a refund of the Service Fee if they are unable to continue to provide the Services or if the manager makes a decision that is reasonable under the circumstances (‘Refund’). 6.2 Smash Splash will accept cancellations within 48 hours of notice, however an exchange of session time will only be offered and provided.
7. Intellectual Property
7.1 Smash Splash Website, Services and all related products are subject to copyright. All material on the Website and Social Media platforms that Smash Splash use is protected by copyright under the laws of Australia and through international accords. All rights in the Website and Services (including but not limited to: text, graphics, logos, design layout, video images, audio clips, room designs, materials, promotions, advertising, content and procedures) are owned or controlled by Smash Splash and its contributors.
7.2 All trademarks, trade names and service marks are owned, registered and or licensed by Smash Splash. As a user of Smash Splash, you are able to use the Website in lined with the Terms, store the Website in your device’s cache memory and print pages from the Website for your own personal and non- commercial use. Smash Splash does not permit you any other rights in relation to Website and Services.
7.3 Smash Splash does not permit you to broadcast, republish, post, upload to a third party, transmit, distribute, display in public, adapt or change Services without prior written permission.
10. General Disclaimer
10.1 The Terms do not limit or exclude any warranties, guarantees, representations or conditions implied or required by law, including the Australian Consumer Law.
10.2 Further to this clause, and to the extent permitted by law: a) All terms, warranties, guarantees, representations or conditions which are not expressly stated in the Terms are excluded; and b) Smash Splash will not be liable for any indirect or substantial loss or damage (unless loss or damage is a result from our failure to meet relevant Consumer Guarantee guidelines), loss of profit or opportunity, damage to good will out of or in accordance to these Services and Terms, whether at common law, under contract, tort (including negligence), in equity and otherwise.
10.3 The use of the Website and Services is at your own risk. All information provided and available to you is as it stands without any warranty or condition. None of Smash Splash business partners, employees, agents, contributors and suppliers make or imply representation or warranty about the Services or any products on the Website. This also includes (but not limited to) loss or damage you may endure as a result of: a) Unauthorised access to information and records, unlawful third party conduct or theft, failure of performance, communication line, error, interruption, termination, computer virus, loss of data or alteration. b) The suitability or verity of information on the Website and Services. c) The costs sustained as a result of you using the Website and Services.
11.1 The Terms will apply until either you or Smash Splash terminate the agreement. If you would like to terminate the Terms, you must do so in writing by submitting a request on the ‘Contact Us’ link on our Website. Smash Splash may terminate the Terms, if you breach any of the Terms and Conditions.
12. Liability and Indemnity
12.1 As a user, you agree to use the Services at your own risk. Smash Splash liability out of or in connection with these Services and Terms, including under contract, tort (negligence), in equity, under law, will not exceed to provide further Services to you.
12.2 You understand and agree that none of Smash Splash business partners, employees, agents, contributors and suppliers shall not be liable to you for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, opportunity, loss of anticipated savings or any other similar loss result.
12.3 You agree to indemnify Smash Splash, its associates, employees, agents, contributors, third party content providers and suppliers from and against: a) All actions, claims, liabilities, costs, expenses, loss and damage (including legal fees) encountered and endured out of or in connection with your content b) Any breach of the Terms. SMASH SPLASH PTY LTD TERMS AND CONDITIONS 3 rd November 2018 13.
All disputes that arise out of or relates to the Terms, must be handled in accordance within Smash Splash disputes resolution policy. Either party, must provide written notice to the other party detailing the nature of the dispute, outlining the desired outcome and action required to settle the dispute. 12.2 Either party on receipt of notice (‘Notice’) must; endeavor in good faith to resolve the dispute within 7 days. If the dispute has not been resolved 14 days after the date of Notice, both parties must either agree upon a mediator or request an appropriate mediator from the Australian Mediation Association.
12.3 Both Parties (‘Parties’) are equally liable for the fees and expenses of the mediator and ongoing costs until a resolution is agreed. The mediation will be held in Melbourne, Australia.
12.4 All communications are confidential regarding the negotiations made by the Parties. Each Party must be treated fairly and without prejudice.
12.5 Both Parties may ask the mediator to terminate the mediation after 1 month if the dispute has not been resolved.
12.6 In the event of any disputes arising out of or in relation to the Website, Terms and Conditions, you agree that after the mediation process the venue for resolving any dispute will be held in the Victoria courts of Australia.
14. Governing Law This agreement is governed by the laws of Victoria, Australia. Any dispute arising out of or in any way relating to the Terms and rights created shall be governed, interpreted and in accordance with the laws of Victoria, Australia. The legality of this clause is not contested. This is a binding benefit to both parties.
15. Legal Advice Both parties accept and confirm that the Terms are fair and reasonable and that they have taken the opportunity to seek independent legal advice.
16. Severance Any of these Terms found to be invalid or unenforceable by a Court of competent jurisdiction, that part shall be serve and the rest of the Terms shall remain in force.