Conditions Of Website Use

This website is owned and provided by Jump Mania Trampoline Park Pty Ltd (Jump Mania).

1. ACCESS TO WEBSITE

Access to and use of this website is subject to the following terms and conditions.

By using this website, you agree to be bound by and to comply with these terms and conditions (Conditions of Website Use).

Jump Mania reserves the right to amend these Conditions of Website Use at any time, without notice to you, to reflect its current range of products (including tickets and memberships) and services and the amended Conditions of Website Use will apply to you irrespective of whether Jump Mania has given notice to you of any changes.

You should regularly check these Conditions of Website Use before using this website to keep informed of any changes which may have been made since you last accessed or used this website.

2. INFORMATION ON WEBSITE

This website is intended to provide information to Australian users and complies with the laws and regulations of the State of Queensland and the Commonwealth of Australia.

Jump Mania reserves the right to limit or refuse the sale of products or services to any person in its absolute discretion.

Nothing in or on this website should be interpreted as promoting any product or service that is not authorised under the laws and regulations of the State of Queensland and the Commonwealth of Australia.

If advice or recommendations are given (whether directly or indirectly), you acknowledge and agree that these should be understood as non-binding.

3. RESTRICTIONS ON USE

By using this website, you agree that:

  • you must use this website in accordance with these Conditions of Website Use and will not use this website for any unlawful purpose;
  • you must only use this website for your personal and not for any commercial use;
  • you must not violate or attempt to violate the security of this website or violate any right (whether express or implied) of Jump Mania;
  • by accessing or using this website, you will be deemed to have read, understood and accepted these Conditions of Website Use.

Your use of this website does not, in itself, constitute a binding agreement to purchase Jump Mania’s products or services.

You acknowledge and agree that, in addition to these Conditions of Website Use, specific conditions may apply to Jump Mania’s facilities, products and services and that these can be found on this website or will otherwise be brought to your attention at the time Jump Mania supplies the particular products or services (or the use of the facilities) to you.

4. BRANDING

As between you and Jump Mania, you acknowledge and agree that all intellectual property rights in any material displayed at or near the Jump Mania Trampoline Park Facilities, including, without limitation, registered or unregistered trademarks, logos and trade names, belong to, and are vested in, Jump Mania. This applies to all trademarks displayed at the Jump Mania Trampoline Park Facilities, whether or not appearing with the trademark symbol (™).

Nothing on this website should be construed as granting any right or licence to use any trademark displayed on this website without the prior written permission of Jump Mania.

5. COPYRIGHT

All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use.

Other than viewing and downloading content from this website specifically for your personal and non-commercial use, you do not have the right to duplicate, distribute, alter or use these intellectual property rights without the prior written permission of Jump Mania.

6. HYPERLINKS

Any third party reference to any website of Jump Mania via hyperlink is only permitted with the prior written permission of Jump Mania.

Jump Mania makes no representations or warranties with respect to, and is in no way responsible for, any content published by third parties referring, by hyperlink, to Jump Mania’s website.

For the convenience of visitors to this website, Jump Mania may provide hyperlinks to other websites, but Jump Mania:

  • in no way represents that it has approved the contents of those websites; and
  • is not responsible for the contents of those websites and will not be liable for any damage or injury incurred or suffered by you as the result of relying on such content.

7. FORWARD LOOKING STATEMENTS

This website may include forward-looking statements.

By using this website, you acknowledge and agree that:

  • any such statements are based on the reasonable belief of Jump Mania’s management team as well as assumptions made by, and information currently available to, Jump Mania. Many factors that Jump Mania is unable to predict with accuracy could cause Jump Mania’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements; and
  • Jump Mania will not be responsible for any reliance you place on any forward-looking statements on this website.

8. WARRANTIES AND REPRESENTATIONS

Jump Mania’s website, and any content, names, images, pictures, logos and icons relating to Jump Mania, this website and/or its products and services, are provided “as is” and on an “as available” basis.

By using this website, you acknowledge and agree that Jump Mania makes no warranties or representations as to:

  • the continued availability of this website;
  • the accuracy, reliability or completeness of its content;
  • the currency of the content of this website; and
  • the safety of this website or the server from computer viruses or malicious bugs.

Except for any implied condition, warranty, representation or consumer guarantee the exclusion of which would contravene any statute or cause this provision to be void, and to the maximum extent permitted by law, Jump Mania makes no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.

Nothing contained in this website will be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of Jump Mania or any other third party.

9. LIMITATION OF LIABILITY

By using this website, you acknowledge and agree that (despite anything else to the contrary):

  • to the maximum extent to which it is possible to exclude any such claim at law, you have no claim upon or against Jump Mania, and you absolutely and irrevocably release and discharge Jump Mania from all claims, at law or on any other basis whatsoever (including, without limitation, any claim pursuant to contract (including breach of contract), tort (including negligence), quantum meruit, quasi contract, unjust enrichment, statute or any other principle of law or equity):
  • whether present or future, actual or contingent; and
    • irrespective of whether you are aware of, or could or could not have been aware of, any such claim at the time of entering this website,

for or in connection with any cost, expense, loss, liability, damage or other relief or remedy (whether direct or indirect or consequential) arising out of or as a consequence of, or in connection with, your entry into, or your use of (or loss of use of), this website;

  • to the maximum extent permitted by law, you accept full responsibility and risk associated with the use of this website and the use of, or reliance on, any information contained within this website; and
  • to the maximum extent permitted by law, if your use of this website relates to the purchase of any Jump Mania product or service:
    • Jump Mania will not be liable to you for, or in respect of, any indirect, consequential, incidental, special, punitive or exemplary loss, liability or damage, including, without limitation, any loss of profits (including anticipated profits), loss of opportunity, loss of use, loss of business or loss of goodwill, even if Jump Mania has been advised of the possibility of such loss, liability or damage;
    • if Jump Mania has any liability to you for any reason, such liability will be reduced by the extent to which you caused or contributed to the relevant liability (including, without limitation, any event giving rise to the liability) and/or failed to take all possible steps to mitigate or minimise the liability (or the event giving rise to the liability); and
    • Jump Mania’s maximum aggregate liability to you arising out or as a consequence of, or in connection with, your entry into, and use of, this website, will be limited to the price paid by you in any relevant purchase made by you on this website (during your use of this website) of any of Jump Mania’s products or services.

10. SALE OF PRODUCTS AND SERVICES

Eligibility to purchase

To:

  • be eligible to purchase products or services on this website; and
  • where applicable, lawfully enter into and/or form contracts on this website,

under Australian law you must be the owner of a valid debit or credit card.

Product range

Jump Mania will endeavour to ensure that product details, descriptions, images and prices appearing on this website are correct at the time the relevant information was entered onto the system.

However, to the maximum extent permitted by law, Jump Mania does not warrant that the product descriptions or other content available on this website are accurate, complete, reliable, current, or error-free.

Prices

All prices indicated for products or services on this website are in Australian dollars and are inclusive of GST (where applicable).

Use of products and/or services

The products and services available on this website are for personal and non-commercial use only.

You must not sell or re-sell any of the products or services that you purchase from Jump Mania.

Placing and acceptance of orders

This website will contain instructions which will guide you through the process of placing an order for products and services. You will be offered the opportunity to review your proposed order and to confirm or correct it prior to finally placing your order.

You acknowledge and agree that, unless required by law, products and services supplied or purchased through this website cannot be amended or cancelled once you have placed your order, so please review your order carefully before placing it.

Once you have placed your order, you will receive an electronic acknowledgement providing you with an invoice with the details and value of your order, which has been debited to your credit or debit card. If you do not receive an electronic acknowledgement from Jump Mania with respect of your order within 24 hours after you processed the order on this website, please contact Customer Service at 07 4212 4066.

Unless Jump Mania has notified you that it does not accept your order, the acceptance of your order and the completion of the contract between you and Jump Mania will take place once payment (or part payment) has been debited to your credit or debit card with respect to the relevant products and/or services ordered by you.

You acknowledge and agree that:

  • Jump Mania will not accept your order if it:
    • is unable to obtain authorisation for your payment;
    • suspects fraudulent activity or violation of these Conditions of Website Use or Jump Mania’s Privacy Policy (a copy of which can be found on this website); or
    • identifies a product or pricing error; or
  • any contract formed between you and Jump Mania will include, and be subject to, these Conditions of Website Use as well as Jump Mania’s Privacy Policy and Conditions of Entry (a copy of which can be found on this website).

If Jump Mania is unable to fulfil your order following acknowledgement of its placement, Jump Mania will contact you by email or phone advising you of this.

If you require any information regarding your order(s), please contact Customer Service on 07 4212 4066.

Payment

By purchasing products and/or services from this website, you confirm that the credit or debit card that is being used is owned by you.

You acknowledge and agree that all credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to Jump Mania, whether in advance or subsequent to a payment, Jump Mania will not be liable for any delay or non-delivery.

Your Credit Card Verification (CCV) number will be requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure Jump Mania that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.

Cancellation of order

If Jump Mania reasonably believes, in its sole discretion, that the completion of your order may result in a violation of these Conditions of Website Use or Jump Mania’s Privacy Policy (a copy of which can be found on this website), Jump Mania may, with or without notice, cancel or reduce the quantity of your order.

You acknowledge and agree that, from time to time, orders or parts of an order may be cancelled by Jump Mania’s system for various reasons, including that:

  • the product is no longer available;
  • there was difficulty in processing payment information;
  • delivery to the email address was not possible; and/or
  • a duplicate order was placed.

If your order is cancelled, the appropriate amount will be refunded via your original payment method.

11. TICKET PRODUCTS

If you have purchased tickets to or if you have booked events at Jump Mania’s facilities through this website, you will receive an email with the relevant E-ticket products and/or event booking confirmation within 24 hours after you processed the order on this website (or after the relevant payment has been processed and completed, whichever is the later).

You acknowledge and agree that:

  • you must provide your E-ticket, event booking confirmation or electronic order acknowledgment to Jump Mania’s staff in order to gain access to Jump Mania’s facilities;
  • if you cannot provide your E-ticket, event booking confirmation or electronic order acknowledgment to Jump Mania’s satisfaction, Jump Mania reserves the right to refuse you entry to the Jump Mania’s facilities and you will have no claim, and Jump Mania will have no liability to you, arising from or in connection with any such refusal; and
  • Jump Mania may also request proof of identity prior to entry.

Jump Mania recommends that you arrive at the Jump Mania facilities at least 20 minutes before your booked session. If you arrive after your booked session has commenced, you will only be entitled to use Jump Manias facilities for the remainder of the session that you have booked and you will not be entitled to any refund if you arrive after your session has commenced.

12. GENERAL

These Conditions of Website Use are governed by, and must be construed with reference to, the laws of the State of Queensland and the Commonwealth of Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

If any term or condition of these Conditions of Website Use (or any part of any term or condition) is held to be illegal, void, invalid or unenforceable, that term or condition (or relevant part) will be severed from these Conditions of Website Use and the legality, validity and enforceability of the remainder of these Conditions of Website Use will not be affected.

No waiver of any term or condition of these Conditions of Website Use will take place unless specifically agreed in writing by Jump Mania.

You acknowledge and agree that these Conditions of Website Use as well as Jump Mania’s Privacy Policy and Conditions of Entry (a copy of which can be found at www.jumpmania.com.au), constitute your entire and exclusive agreement with Jump Mania concerning your use of Jump Mania’s website and/or Jump Mania’s facilities, products and/or services, and supersede all prior proposals, agreements and other communications.

 

These Conditions of Website Use are current as at July 2015.

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