Clip ‘n Climb Terms and Conditions

IMPORTANT NOTICE

PLEASE READ – YOU ARE ENTERING INTO A LEGAL CONTRACT

By selecting ‘I Agree’ on the bottom of this page, you acknowledge that you have:

1. read and understood the terms and conditions as provided below;
2. agreed to be legally bound by these terms and conditions;
3. agreed that a contract for the sale and supply of goods/services (as applicable) has been formed between yourself (the Customer) and Clip N’ Climb Williamstown (the Supplier);
4. if you are making a purchase on behalf of another person, agreed that you are making the purchase and entering into this Agreement as the person’s agent;
5. if you are making a purchase on behalf of a child under the age of 18, explained the Agreement and its effects to the child and agree on behalf of the child to be bound by these terms and conditions.

TERMS & CONDITIONS

1. Definitions

1. 1. “Agreement” means this document as varied by Clip N’ Climb Williamstown at its absolute discretion from time to time.

1. 2. “Customer/You” means yourself and, if applicable, any person or child that you are entering into this Agreement on behalf of.

1. 3. “Clip N’ Climb Williamstown” means Miskelly Leisure Pty Ltd as trustee for the Miskelly Family Trust.

1. 4. “Goods” means all goods supplied by Clip N’ Climb Williamstown.

1. 5. “Services” means all recreational services supplied by Clip N’ Climb Williamstown including, but not limited to climbing, equipment rental, the condition, layout, construction, design, maintenance and use of the climbs and surrounds and any other associated sporting activities or similar leisure time pursuits.

1. 6. “Website” means the Clip N’ Climb Williamstown website as updated from time to time.

2. Interpretation

In this Agreement except where the context otherwise requires:

1. 1. a reference to $, dollar is a reference to Australian currency;

1. 2. another grammatical form of a defined word or expression has a corresponding meaning;

1. 3. the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;

1. 4. the singular includes the plural and vice versa, and a gender includes other genders;

1. 5. a reference to time is to time Australian Eastern Standard Time (AEST);

1. 6. if a day on or by which an obligation (except making a payment) must be performed is not a Business Day, the obligation must be performed on or by the next Business Day;

1. 7. a reference to any thing includes any part of that thing and a reference to a group of things includes each thing in that group;

1. 8. a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;

1. 9. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

1. 10. any discretion (including where a party “may” do anything) is sole, unfettered and absolute; and

1. 11. headings do not affect interpretation

3. Terms of Supply

1. 1. Clip ‘n Climb Williamstown supplies all Goods and Services to the Customer in the Clip ‘n Climb Williamstown venue subject to the terms and conditions contained in this document.

1. 2. In the avoidance of doubt, all terms and conditions contained in this entire document will apply to and bind the Customer.

1. 3. When the Customer purchases a ticket to climb and participate in associated activities at the Clip ‘n Climb Williamstown venue, the Customer is deemed to have understood and accepted the terms and conditions outlined in this document. The terms and conditions provided for in this document are also displayed on site at Clip ‘n Climb Williamstown.

1. 4. Use of the Clip ‘n Climb Williamstown facilities is undertaken in accordance with the rules and conditions provided in this document and provided by Clip ‘n Climb Williamstown on site and during safety briefings.

1. 5. The Customer must at all times comply with all signs or other directions of Clip ‘n Climb Williamstown or its employees and agents. Clip ‘n Climb Williamstown may in its absolute discretion suspend or cancel the Customer’s access to the Services for non-compliance with these conditions, or for reckless or careless conduct.

4. Limitation of Liability

1. 1. Clip ‘n Climb Williamstown, its employees, directors and agents are not liable to the Customer, their dependants or legal representatives for personal injury or death suffered by the Customer because the Services were not supplied with due care and skill or were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by Clip ‘n Climb Williamstown.

1. 2. The Customer acknowledges that the activities associated with the Services may be dangerous with inherent risks and hazards and, as a consequence, personal injury and sometimes death can occur. The Customer assumes and accepts all such risks and hereby waives the right to sue Clip ‘n Climb Williamstown for any personal injury or death in any way whatsoever caused by or relating to the Customer’s participation in such activities.

1. 3. RISK WARNING: The use of all climbing and other equipment at the Clip ‘n Climb Williamstown venue involves a significant risk of the Customer suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such recreational activities do so at their own risk.

1. 4. The Customer agrees to pay the cost of and authorises Clip ‘n Climb Williamstown to take all steps it considers reasonably necessary to protect the Customer’s welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

5. Warning under the Australian Consumer Law and Fair Trading Act 2012

1. 1. Under Australian Consumer Law, several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that Clip ‘n Climb Williamstown is required to ensure that the recreational services it supplies to you are –

1. 1. 1. rendered with due care and skill; and
      2. as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
      3. reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to Clip ‘n Climb Williamstown as the supplier.

1. 2. Under section 22 of the Australian Consumer Law & Fair Trading Act 2012, Clip ‘n Climb Williamstown is entitled to ask you to agree that these conditions do not apply to you.

1. 3. WARNING: If you accept these terms and conditions, your rights to sue the supplier under the Australian Consumer Law & 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 paragraphs 4.1 and 4.2 of these terms and conditions.

1. 4. NOTE: The change to your rights, as set out in these terms and conditions, 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 Regulations 2012 and section 22(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.

6. Children

1. 1. Children must be at least 3 years of age to use the facilities at Clip ‘n Climb Williamstown.

1. 2. The Customer must ensure that all children under 12 years of age are supervised by a responsible adult at all times that the children are in the Clip ‘n Climb Williamstown venue.

7. Health Issues

1. 1. The Customer must ensure that they are in good health and free from any adverse medical conditions prior to purchasing any Services from Clip ‘n Climb Williamstown. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the climbing walls. If in doubt of whether any activities would be suitable, Customers are encouraged to seek medical advice.

1. 2. The Customer acknowledges that if they had not provided Clip ‘n Climb Williamstown with all relevant and necessary information about their health and capacity, Clip ‘n Climb Williamstown would not be able to appreciate the risk of harm or injury to the Customer in allowing the Customer to participate in the activity.

1. 3. Clip ‘n Climb Williamstown is a smoke free, alcohol free and drug free venue. The Customer must not participate in any Clip ‘n Climb Williamstown activity when under the influence of alcohol or drugs.

8. Images and Video Recording

1. 1. While in the Clip ‘n Climb Williamstown venue, the Customer consents to images and video of them being taken by Clip ‘n Climb Williamstown, its employees and/or its agents for security or promotional purposes.

9. Ticketing and Bookings

1. 1. All tickets remain the property of Clip ‘n Climb Williamstown and cannot be transferred or resold. Tickets are valid only for the date and time booked and are void if tampered with.

1. 2. Bookings are transferrable but not refundable.

1. 3. If the Customer has booked a climbing session for less than 5 people, Clip ‘n Climb Williamstown will endeavour to transfer the booking to another available date and time for the same type of session. The Customer must contact Clip ‘n Climb Williamstown at least 24 hours prior to their session to request the transfer.

1. 4. If the Customer has a party or group booking, seven (7) days’ notice is required if the Customer intends to transfer the booking to another date or time.

10. Website

1. 1. By using the Website, the Customer acknowledges and agrees to be bound by the conditions provided for in this clause 10.

1. 2. The Website is provided by Clip ‘n Climb Williamstown.

1. 3. The Website may provide links to third party websites and the products or services of third parties. Clip ‘n Climb Williamstown is not responsible and is not liable in any way for third party content provided on or through the Website. The Customer must conduct their own assessment and use the third party sites at their own risk.

1. 4. Copyright of the Website is owned by Clip ‘n Climb Williamstown or its licensors.

1. 5. The Website may contain trademarks or logos of Clip ‘n Climb Williamstown, other companies or organisations and these are proprietary to the owner(s) of such marks.

1. 6. Clip ‘n Climb Williamstown may at any time discontinue or limit access to the Website or its content. Clip ‘n Climb Williamstown may terminate or limit the Customer’s access to the Website if the Customer breaches these conditions. All disclaimers and limitations of liability by Clip ‘n Climb Williamstown will survive termination of this Agreement.

11. Ordering Procedure

1. 1. The Customer may offer to purchase any of the Clip ‘n Climb Williamstown products described on the Website for the price specified on the Website.

1. 2. The Customer’s order must contain their name, phone number, e-mail address, credit card details and any other ordering information specified on the Website

1. 3. Payments will be in Australian Dollars (AUD) and must be effected by credit card using the ordering facility on the Website.

1. 4. Confirmation of the Customer’s purchase will be sent to the Customer’s nominated email address once payment for the transaction has been cleared. If the Customer does not receive a confirmation email within 2 business days, the Customer must contact Clip ‘n Climb Williamstown. If the Customer fails to contact Clip ‘n Climb Williamstown within 2 business days, the transaction is deemed to be incomplete and Clip ‘n Climb Williamstown may assume that no purchase has been made.

1. 5. The Customer may not cancel an order once it has been submitted and paid, even if a confirmation email from Clip ‘n Climb Williamstown is still pending.

1. 6. If the Customer wishes to purchase a Clip ‘n Climb Williamstown product by telephone, post or by visiting the Clip ‘n Climb Williamstown venue, then any such purchase will be governed by the terms and conditions contained in this document (excluding any terms that are specific to purchases made using the Website) as well as the conditions displayed at the Clip ‘n Climb Williamstown venue.

12. Pricing

1. 1. The prices of the Clip ‘n Climb Williamstown Goods and Services shall be the prices displayed on the Website on the date of the Customer’s order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)).

1. 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.

13. Cancellation Due to Error or Unavailability

1. 1. The Customer acknowledges that despite Clip ‘n Climb Williamstown’s reasonable precautions, Clip ‘n Climb Williamstown’s Goods and Services may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances (excluding a pandemic such as COVID-19) or other oversight. In these circumstances, Clip ‘n Climb Williamstown may cancel the transaction, notwithstanding that the Customer’s order has been confirmed and that the Customer’s credit card has been charged.

1. 2. If a cancellation of this nature occurs after the Customer’s credit card has been charged for the purchase, Clip ‘n Climb Williamstown will immediately issue a credit to the Customer’s credit card account for the applicable amount.

14. Details of conditions applicable to purchase of Clip ‘n Climb Williamstown Goods and Services

1. 1. Details of the conditions applicable to the purchase of Clip ‘n Climb Williamstown Goods or Services on the Website may differ from time to time.

1. 2. Clip ‘n Climb Williamstown reserves the right to make any changes to the details and the 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 to the Customer, provided that the changes do not materially affect the nature of the Clip ‘n Climb Williamstown Goods and Services purchased by the Customer.

15. Order submission and your agreement to these Terms and Conditions

1. 1. By selecting “I Agree”, the Customer further agrees that Clip ‘n Climb Williamstown may treat the Customer’s order as confirmed.

1. 2. The Customer shall be responsible for ensuring the accuracy of their order.

1. 3. Clip ‘n Climb Williamstown shall, subject to availability, supply the Customer with Clip ‘n Climb Williamstown Goods and Services as set out in the Customer’s order.

1. 4. Clip ‘n Climb Williamstown shall confirm each order made online via the Website by email within 2 business days.

16. Security Policy

1. 1. When purchasing from the Website, the Customer’s financial details are passed through a secure server.

1. 2. The Customer acknowledges that no transmission over the Internet can be guaranteed as totally secure. Whilst Clip ‘n Climb Williamstown strives to protect such information, it does not warrant and is unable to ensure the security of any information that the Customer transmits to it. Accordingly, any information which the Customer transmits to Clip ‘n Climb Williamstown, including credit card details, is transmitted at the Customer’s own risk and Clip ‘n Climb Williamstown shall have no liability to the Customer for any financial or consequential loss or damage suffered by the Customer in anyway whatsoever arising out of or related to the Customer’s use of the Website, regardless of whether the loss or damage was due to negligence, breach of contract, statute or statutory duty by Clip ‘n Climb Williamstown.

1. 3. Once Clip ‘n Climb Williamstown has received the information transmitted by the Customer, it will take reasonable steps to preserve the security of such information.

17. Jurisdiction

1. 1. This Agreement is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction.

18. Severability

1. 1. If any of term, condition or clause of this document should be determined to be void, invalid or otherwise unenforceable, such terms/conditions/clauses shall be deemed deleted and the remaining terms/conditions/clauses shall remain and continue to be valid, binding and enforceable.

19. Privacy Policy

1. 1. By selecting “I Agree”, the Customer further acknowledges and agrees that Clip ‘n Climb Williamstown will collect, store, use and manage the Customer’s personal information in accordance to the Clip ‘n Climb Williamstown Privacy Policy (CCWPP). See the policy here.