Booking Terms and Conditions
These terms and conditions (Terms) are between we, us or our (RRR Sports Pty Ltd T/A SPORTS POINT INDOOR PLAY ACN 653 976 160) and you, the person accepting these terms and conditions.
Acceptance
You have requested to book our sports facilities as set out on our Site (Services) and accept these Terms by ticking a box online indicating your acceptance of these Terms.
Please read these Terms and the Waiver in Annexure 1 carefully and contact us if you have any questions. You must agree to the Waiver as a pre-condition to purchasing our Services and we will not provide our Services to you if you have not agreed to the Waiver.
Services
We will provide the Services to you in accordance with these Terms and in consideration for your payment of the Price.
Payment and bookings
You agree to pay us the Price at the time of making a request for the Services. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated). After you make full payment of the Price in full for your request, we will send you a confirmation email and your request will convert to a Booking.
Your obligations
Accurate information: You agree that all information you provide to us is accurate, up-to-date and complete.
Attire: You agree that you will wear appropriate attire when attending your Booking. You acknowledge that we are not responsible for providing you with appropriate attire, or liable for any injury you sustain because of your attire.
Illness: You agree that you will not attend the Booking if unwell or suffering from, or exposed to, COVID-19.
No reliance: You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us in relation to the Services, unless expressly stipulated in these Terms.
Cancellations and refunds
Your cancellation: You may cancel your Booking by emailing us to request the cancellation of your Booking.
Where you cancel your Booking:
- more than 24 hours before the start time of your Booking, we will refund you 100% of the Price for your Booking;
- less than 24 hours before the start time of your Booking, or where you have received a discount for your Booking, you will not be entitled to a refund of any part of the Price.
You agree the above cancellation fees are a genuine pre-estimate of our loss due to us blocking our sports facilities for your Booking.
Our cancellation: Due to unforeseen circumstances, including government sanctioned restrictions or a lockdown due to COVID-19, you acknowledge that we may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and if we cannot agree with you on a new date for the Booking, we will cancel the Booking and we will refund you the Price for your Booking.
Termination of these Terms: Where a Booking is cancelled, these Terms will also terminate. Your, or our, accrued rights, obligations and remedies are not affected by termination of these Terms.
Privacy
We collect and handle all personal information in accordance with our privacy policy available here.
Your statutory rights
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
You agree that our Liability for the Services is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind.
Liability, indemnity and exclusions
Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly): (1) any lost or stolen items (including if secured or “supervised”); (2) your acts or omissions; (3) your breach of these Terms, any law or third party rights; (4) any information, documentation, instructions, specifications or directions given by you; and (5) any event or circumstance beyond our reasonable control.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.
General
Term: These Terms will commence at the time you make your Booking and will continue until the completion of your Booking, unless terminated earlier in accordance with the provisions of these Terms.
Disputes: Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a representative of the other party to seek (in good faith) to resolve the Dispute.
Governing law: These Terms are governed by the laws of the Victoria. You, and we, irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
GST: If and when applicable, GST payable on the Price will be set out on our Site. You agree to pay the GST amount at the same time as you pay the Price.
Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
Definitions
In these Terms, unless the context otherwise requires, the following words mean:
Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party or otherwise.
Location means the premises, where the Services are to be provided, as set out on the Site for your Booking.
Price means the price as set out on our Site for the provision of the Services for your Booking.
Site means our website where our Services are set out for your Booking.
For any questions and notices, please contact us at:
RRR Sports Pty Ltd T/A SPORTS POINT INDOOR PLAY (ACN 653 976 160)
Email: admin@sportspoint.com.au
Last update: 2 June 2022
Annexure 1 – Waiver of Liability
This waiver of liability (Waiver) forms part of the Terms entered between you and us for the provision of the Services.
1. Risk
You will be participating in exercise, sport and other related activities (Activity or Activities). Participating in our Activities may expose you to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, serious injury, disease, illness and/or loss or damage to your property. The risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion or serious injury, disease, illness and/or loss or damage to your property may arise from, but is not limited to:
(a) third party participants;
(b) your physical fitness level, tiredness or overexertion;
(c) pre-existing health conditions;
(d) equipment supplied by us to carry out the Activities; or
(e) any failure to comply with our instructions or directions.
You understand the demanding physical nature of sport, exercise and any related activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in the Activities. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your participation in the Activities.
2. Your Condition
If you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health, a risk to your health or safety or affect your proper and safe participation in the Activities, you must stop participating and contact your medical provider.
You warrant to us that:
(1) you have the required physical health and fitness needed to participate in the Activities; and
(2) you know of no medical or other reason why you cannot or should not participate in the Activities.
3. COVID-19
You acknowledge that there may be health and safety measures in place due to the potential spread of COVID-19 (and any variation or mutation to this disease or illness) including laws, regulations or guidance. You agree to observe and comply with all applicable laws, regulations and guidance in place during participation in the Activities including those in relation to COVID-19 (and any variation or mutation to this disease or illness). There is an inherent risk of exposure to COVID-19 (and any variation or mutation to this disease or illness) in any location where the public are, or have been, present. COVID-19 (and any variation or mutation to this disease or illness) is an extremely contagious disease which can lead to severe illness, disability and death. By participating in the Activity, you assume all risks related to the potential exposure to COVID-19 (and any variation or mutation to this disease or illness).
4. Warning Under The Australian Consumer Law (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic)
Under the Australian Consumer Law (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services it supplies to you;
(1) are rendered with due care and skill; and
(2) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(3) might reasonably be expected to achieve any result you have made known to the supplier.
Under the Australian Consumer Law (Cth) and the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this Waiver, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law (Cth) and the Australian Consumer Law and Fair Trading Act 2012 (Vic) 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 form.
NOTE: The change to your rights, as set out in this form, 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.