Terms & conditions

smash splash pty ltd terms & conditions

1. About the Website

(a) Welcome to www.smashsplash.com.au (Website). The Website provides information about the Smash, Splash and Crash rooms (Services).

(b) The Website is operated by Smash Splash PTY LTD (ACN 628 423 058). Access to and use of the Website, or any of its associated Products or Services, is provided by Smash Splash PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this 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 of Services, immediately.

(c) Smash Splash PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Smash Splash PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

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 PTY LTD in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the Website ( Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) Payment details

(c) You warrant that any information you give to Smash Splash PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (User) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Smash Splash PTY LTD; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a User

(a) As a user, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Smash Splash PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Smash Splash PTY LTD providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Smash Splash PTY LTD;

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Smash Splash PTY LTD for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. General Rules for participation in activities

(a) Participating in Smash, Splash and or Crash activities requires strict adherence to safety procedures and rules set by Smash Splash. Your cooperation is crucial for a secure and enjoyable experience, prioritising your safety and that of others.

(b) All participants must pay for their session, complete a waiver, and undergo a safety induction prior to entering the room. Unauthorised individuals are not permitted inside the activity rooms.

(i) 16-17 years old participants are allowed in the Smash Room but must be accompanied by a parent or legal guardian.

(ii) Photo ID is mandatory for all participants on the day of the Smash Room session.

(d) Participants must be 5 years old and in good health to participate in the Splash and Crash Rooms.

(e) Children under 18 years old using the Splash and Crash Rooms must be supervised by a parent or guardian.

(f) Parents and/or guardians who are not participating in the activities must remain on-site at all times while minors are in the rooms.

(g) Participants must read and complete a waiver before their session commences and disclose any medical conditions or injuries that may aggravate and or prevent them from participating in the activities.

(h) Parents and or legal guardians are required to complete a waiver on behalf of children under 18 years old.

(i) Participants must not be in a cast, leg boot or have any current injuries.

(j) Participants must obtain medical clearance from a medical practitioner to participate in any of the activities should they have a medical condition or pre-existing injury.

(k) Participants who are pregnant or suspect they are pregnant are not allowed to participate in any of the activities.

(l) Participants under the influence of alcohol or drugs will not be allowed to participate in any of the activities and asked to leave the premises.

(m) Participants must read and adhere to the Safety Rules and wear suitable clothing for the activities. This includes full length pants, long sleeved top, socks and closed shoes.

(n) Participants are required to wear personal protective equipment provided by Smash Splash during their session. This includes protective clothing, helmets, googles, gloves, ear plugs, masks and any other safety equipment deemed necessary.

(o) Participants must attend a safety briefing before they commence their session. The briefing provides crucial information about the proper use of equipment, safety protocols, and guidelines to ensure a secure and safe environment.

(p) Verbal abuse or any unacceptable behaviour towards staff and others will not be tolerated. Participants, customers and guests engaging in such conduct will be asked to leave the premises immediately and forfeit their activity.

6. Use of Services

(a) Smash Splash employs monitoring and surveillance measures within its facilities, including but not limited to the Smash, Splash and Crash Rooms, to ensure the safety and compliance of all members with the terms outlined in this Agreement.

(b) By engaging in activities within Smash Splash facilities, including the Smash, Splash and Crash Rooms, members implicitly consent to being subject to monitoring and surveillance. This consent is integral to maintaining a safe and compliant environment.

(c) Any individual found to be in violation of the Company's safety and compliance protocols, as determined through monitoring and surveillance, may be required to leave the premises immediately. This action is taken to preserve the safety and well-being of all participants and employees.

7. Bookings

(a) Participants must make a booking in advance to secure access to the Smash, Splash and or Crash Rooms. Bookings can be made through Smash Splash website, or any other method approved by Smash Splash management.

(b) Smash Splash will issue a confirmation for each booking made. Participants should expect to receive this confirmation promptly after payment. In the event a member does not receive a confirmation within 24 hours of making the payment, it is the participant's responsibility to promptly contact Smash Splash to verify and ensure that their booking is confirmed.

(c) Participants are advised to retain their booking confirmation as proof of their reservation. It is recommended to present the confirmation upon arrival at Smash Splash.

8. Vouchers

(a) Smash Splash vouchers are valid for three years from the date of purchase.

(b) A confirmation email will be sent to the person purchasing the voucher upon completion of the transaction.

(d) Once vouchers are redeemed and a booking is scheduled, it becomes non-refundable and non-redeemable.

(e) For bookings made with a voucher, rescheduling attempts are subject to the same rules as the original purchase.

9. Payment

(a) All payments made in the course of your use of the Services are made using Square and or Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square and or Paypal terms and conditions which are available on their website.

(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

10. Refund and Cancellation Policy

(a) Smash Splash PTY LTD will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Smash Splash PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund ).

(b) Changes to your booking are permitted up to 48 hours before the start time of your experience.

(c) Smash Splash will accept cancellations within 48 hours of notice. However, an exchange of session time will only be offered and provided with a $20 rescheduling fee.

(d) ‘Smashing Hour’ bookings may only be rescheduled on Wednesdays and Thursdays, subject to availability.

(e) Rescheduling booking limit is up to two times. Any further attempts will result in the forfeiture of the experience.

(f) Fail to attend your scheduled session without prior notice, will result in the entire forfeiture of the experience (No Show).

(g) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

11. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Smash Splash PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Smash Splash PTY LTD or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Smash Splash PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Smash Splash PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Smash Splash PTY LTD.

(c) Smash Splash PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Smash Splash PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

12. Privacy

Smash Splash PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Smash Splash PTY LTD's Privacy Policy, which is available on the Website.

13. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Smash Splash PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Smash Splash PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Smash Splash PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Smash Splash PTY LTD; and

(iv) the Services or operation in respect to links which are provided for your convenience.

14. Limitation of liability

(a) Smash Splash PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Smash Splash PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

15. Competitors

(a) If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Smash Splash PTY LTD. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Smash Splash PTY LTD will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

16. Indemnity

You agree to indemnify Smash Splash PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

17. Dispute Resolution

17.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

17.2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

17.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Melbourne, Australia.

17.4. Resolution:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

17.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18. Venue and Jurisdiction

The Services offered by Smash Splash PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

19. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.