Terms and Conditions:
- This web site is owned and operated by EVSCO Pty Ltd trading as Xtreme Inflatables (ABN 63 079 517 829). Use of this website is subject to the Terms and Conditions provided. Please note that Xtreme Inflatables reserves the right to amend the Terms and Conditions at any time.
- This booking is subject to availability. Xtreme Inflatables does not accept any liability for unavailability of sessions caused by the overselling of inventory.
- Prices include GST and are in Australian Dollars.
- Payment for the reservation of your session/s will be taken at the time of booking and you agree to make this payment via a debit to your nominated credit card. The amount debited will be the amount shown on the ‘Purchase Tickets’ page prior to you clicking the ‘Submit’ button on that page.
- You must be at least 18 years of age to book using this Online Booking System.
- The customer may be required to provide photo ID upon check-in.
- Xtreme Inflatables does not accept liability for errors or omissions and reserves the right to change information published on the site at any time.
- Xtreme Inflatables does not accept liability for any indirect or consequential loss arising out of the use of this website or for any products or services purchased from this website.
- Xtreme Inflatables makes no warranty or representation about the suitability of any product or service advertised on this web site.
- Xtreme Inflatables recommends that you are familiar with our Safety Signs and Parents Responsibility signs visible upon entering our Centre.
IMPORTANT NOTICE – PLEASE READ
- EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
- EVSCO Pty Ltd (ACN 079517829) trading as Xtreme Inflatables Modbury as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including but not limited to use of inflatable equipment, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of inflatables, the presence of people or objects thereon, the surrounding areas and any other associated sporting activities or similar leisure time pursuits (‘Recreational Activities’) in the Xtreme Inflatables Modbury venue subject to the following conditions:
13.1 By purchasing a ticket for or by using any of the facilities at Xtreme Inflatables Modbury, in South Australia the customer agrees to be bound by these conditions.
13.2 RISK WARNING: The Recreational Activities, which include the use of inflatable or any other equipment at the Xtreme Inflatables Modbury venue involve a significant risk to participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such activities do so at their own risk.
- The customer acknowledges and agrees that:
- that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue Xtreme Inflatables Modbury, its employees, directors or agents for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities;
- Xtreme Inflatables Modbury, its employees, directors and agents are not liable to the customer, his/her dependants or legal representatives for personal injury or death suffered by the customer due to the negligence, breach of contract, statute or statutory duty by Xtreme Inflatables Modbury in any way relating to or arising from the supply of Recreational Activities to the customer;
- the customer will indemnify Xtreme Inflatables Modbury, its employees, directors and agents for and against all liability to the customer due to the negligence, breach of contract, statute or statutory duty by Xtreme Inflatables Modbury in any way relating to or arising from the supply of Recreational Activities to the customer.
Recreational services – Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
- Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is:
- a statutory guarantee that those services will be rendered with due care and skill; and
- a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
- a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights
- Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
- If you sign this form, you will be agreeing to exclude, restrict or modify EVSCO PTY LTD (ACN 079517829) trading as Xtreme Inflatables Modbury, liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
You do not have to agree to exclude, restrict or modify your rights by accepting this form.
- The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
- Even if you sign this form, you may still have further legal rights against the supplier.
- A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
- A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights
I agree and understand that the liability of Xtreme Inflatables Modbury for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.