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Terms & Conditions

TERMS & CONDITIONS

Please read the following supply terms and conditions carefully before purchasing tickets to the activities. By purchasing tickets to an event operated by Perth Bridge Climb & Zip Pty Ltd (PBCZ –  trading as Matagarup Mini Golf – MMG), or participating in a MMG activity, you agree (and if you are under 18 years of age, your Legal Guardian also agrees on your behalf) to be bound by these terms and conditions as they appear from time to time and all health and safety information provided to you.

TICKETS & GIFT CERTIFICATES

  1. All MMG tickets and gift cards must be paid for at the time of booking. Tickets can be purchased through www.perthminigolf.com  by using a credit or debit card. Bookings are securely preceded utilising the Rezdy booking platform. Bookings may be made in person at the MMG  office in Burswood Park or from authorised resellers. Any discount voucher must be presented at the time of purchase. Concession ID must be presented to validate any concession ticket purchased at the time of purchase and/or before the MMG.
  2. The price for MMG is displayed in Australian dollars (AUD) inclusive of any Australian GST payable. Transaction, postage, and handling costs are in addition to those prices and will be displayed prior to you being required to confirm your order (if applicable). Prices for MMG are subject to change without notice.
  3. A MMG ticket is non-refundable and specific to the MMG date and time as stated on your ticket. MMG tickets are non-transferable except with PBCZ’s prior consent. Lost, damaged or stolen MMG tickets may be replaced by PBCZ subject to the provision of photo identification to PBCZ’s reasonable satisfaction.
  4. MMG tickets or gift cards must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without PBCZ’s prior written consent.
  5. Tickets purchased cannot be changed less than one day before the scheduled time for the MMG. Any change to the ticket purchased is subject to availability and the discretion of PBCZ.
  6. Gift cards are valid for 36 months from the date of purchase and are non-refundable. PBCZ is entitled to suspend or discontinue offering MMG at any time, and any gift card may be used towards a substitute product or service to the same value.

CANCELLATIONS AND REFUNDS

Cancellations made within 24hrs including no shows will forfeit the entire booking, with no refunds or rescheduling available. If you have made a booking and cannot attend, we may offer a complimentary date change which must be fulfilled within 3 months. All requests must be made in advance of booked tee-off time.

Full refunds are provided for cancellations outside of 24hrs of activity booking. (less booking fees)

From time to time, MMG may be required to cancel activities for a variety of reasons. A 100% refund (less booking fees) will be provided in these circumstances, or rescheduled free of charge.

We reserve the right to refuse entry and participation of our activities based on the above terms and conditions.

PBCZ reserves the right to cancel or reschedule any MMG without notice in its absolute discretion, including for reasons of safety, security, due to restricted access or due to any matters out of the reasonable control of PBCZ. If a MMG is cancelled, your MMG will be rescheduled subject to availability or exchanged for a gift card. PBCZ reserves the right to vary operating hours and MMG times without notice.

PBCZ will not be liable for any loss or damage arising in connection with cancellation or rescheduling of any MMG (including travel or other out of pocket expenses).

ARRIVAL AND REGISTRATION

You must arrive at MMG in Burswood Park (100m south of the Camfield Hotel, near the base of the eastern end of the Matagarup Bridge) and register at the at least 5 minutes prior to the departure time of your MMG. If you arrive after the departure time, PBCZ reserves the right to refuse entry, and subject to clause 9a), you will not be entitled to a refund. You must comply with any Conditions of Entry to the Burswood Park as displayed or otherwise notified to you by PBCZ from time to time.

PARTICIPANT REQUIREMENTS

  1. Each participant must hold a valid ticket for a MMG. Entry may be refused if the ticket is damaged or defaced in any way or not purchased from PBCZ or one of PBCZ’s authorised distributors. Should a dispute arise over the validity of a ticket, PBCZ reserves the right to refuse participation in a MMG unless you are able to show proof of your identity.
  2. Smoking is not permitted during the MMG or within the Zip+Climb Centre or its immediate surrounds. Smoking is permitted at certain designated areas, as indicated by signage.

HEALTH AND SAFETY

PBCZ may, in its sole discretion, refuse to allow you to participate in a MMG (even if you believe you are able to safely participate), if in PBCZ’s reasonable opinion, the Zip+Climb or your participation in the MMG may adversely affect your safety, physical or psychological condition, or the safety of PBCZ directors, employees, agents and contractors (PBCZ Personnel) or other climbers. PBCZ will reimburse the price paid for a MMG if you are refused participation in a MMG for any reason other than by reason of breach of these T&Cs.

PARTICIPATION WITH MATAGARUP MINI GOLF

  1. PBCZ will supply you with equipment for use during a Zip+Climb. Use of this equipment is mandatory.
  2. You must at all times during the MMG:
    • obey the directions and instructions of PBCZ personnel;
    • not act disruptively or disturb other participant or interfere with a PBCZ personnel’s ability to conduct any part of their duties in a safe and secure manner; and
    • not damage, deface or remove any part of the Matagarup Mini Golf, or any of the equipment supplied for use on MMG.
  3. PBCZ retains the right to remove you from MMG if you do not comply with these T&Cs, without refund.

CANCELLATION

PBCZ reserves the right to cancel or reschedule any MMG without notice in its absolute discretion, including for reasons of safety, security, due to restricted access or due to any matters out of the reasonable control of PBCZ. If a MMG is cancelled, your Zip+Climb will be rescheduled subject to availability or exchanged for a gift card. PBCZ reserves the right to vary operating hours and MMG times without notice.

PBCZ will not be liable for any loss or damage arising in connection with cancellation or rescheduling of any MMG (including travel or other out of pocket expenses).

GST

  1. Unless specified otherwise, any amount payable under these T&Cs is inclusive of GST.
  2. Where any supply to be made by one party (Supplier) to another party (Recipient) under or in accordance with these T&Cs is subject to GST (other than a supply the consideration for which is specifically described in these T&Cs as ‘GST inclusive’):
    • the consideration payable or to be provided for that supply but for the application of this clause (GST Exclusive Consideration) shall be increased by, and the Recipient shall pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply (GST Amount); and
    • the Recipient must pay the GST Amount to the Supplier, without set-off, deduction or requirement for demand, at the earlier of the time that the GST Exclusive Consideration is payable or to be provided and the time that the Supplier has to pay the GST in respect of that supply.
  3. Notwithstanding any other provision of these T&Cs, the Recipient need not make any payment for a taxable supply made by the Supplier under or in accordance with these T&Cs until the Supplier has given the Recipient a tax invoice in respect of that taxable supply. A word or expression used in this clause which is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning in this clause.

MATAGARUP MINI GOLF’S LIABILITY

  1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on PBCZ are excluded under these T&Cs. If a supply under these T&Cs is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these T&Cs excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits PBCZ to limit its liability, then PBCZ’s liability shall be limited to:
    • in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
    • in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
  2. You acknowledge that the MMG is a recreational activity that involves an element of risk, and PBCZ therefore cannot guarantee your health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions and mental harm or distress. You acknowledge that your health, ability and conduct will affect such risks. Subject to clause 9a), to the extent the MMG is a ‘recreational service’ within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), PBCZ and PBCZ personnel exclude all:
    • liability for death or personal injury in relation to supply of recreational services; and
    • express or implied warranties and conditions, including without limitation that the MMG will be provided with reasonable care and skill;
  3. You waive, release and discharge PBCZ and PBCZ personnel from all liability for all claims or causes of action you may have (including for negligence) arising from any injury, loss or damage of any kind suffered by you including personal injury, illness or death and/or loss or damage to any property (to the extent permitted by law) arising out of or in any way in connection with your participation in the MMG.
  4. You indemnify and will keep indemnified PBCZ and the PBCZ personnel against all costs, losses or damages arising out of or in any way in connection with your participation in the MMG, or a breach by you of these T&Cs.
  5. Nothing in this clause limits or excludes the liability of PBCZ or the PBCZ personnel for any costs, losses, damages or expenses to the extent arising as a result of fraudulent or reckless conduct of PBCZ or the PBCZ personnel, nor any liability of PBCZ or the PBCZ personnel that cannot be excluded under applicable law.

PRIVACY COLLECTION STATEMENT

  1. PBCZ will collect, disclose and otherwise handle your personal information, including any photographs or recordings taken during a MMG, in accordance with these T&Cs, PBCZ’s privacy policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth).
  2. We may disclose your personal information to our agents, contractors and other third parties who provide services to PBCZ as necessary for these purposes, and as otherwise permitted or authorised by law. Generally, we do not transfer personal information outside of Australia. We may do so, however, if you have given your permission for this to occur or if we are otherwise legally entitled or required to do so.
  3. If you believe we have breached our obligations under the Privacy Act 1988 (Cth), or if you have queries or concerns regarding the way in which PBCZ’s handles your personal information (including any photographs or recordings), please refer to MMG’s privacy policy at www.perthminigolf.com.au or email info@perthminigolf.com.au. Our privacy policy sets out how you may lodge a complaint with PBCZ and how we will handle your complaint. You may request access to the personal information which PBCZ holds about you by contacting our Privacy Officer. Generally, we will provide you with such access except in limited circumstances where refusal is permitted by law.

VARIATION

  1. PBCZ may amend these T&Cs from time to time without notice to you. If you are precluded from participating in a MMG as a direct consequence of the variation to the T&Cs, PBCZ will refund the cost of your MMG ticket.
  2. If you purchase tickets or a gift card for MMG prior to the actual commencement of MMG (expected to be 28 February 2024), you acknowledge and agree that variations to these T&Cs may affect your eligibility to participate in a MMG. In the event that a variation precludes you from participating in a MMG, clause 11a) will apply.

GENERAL

  1. Except where these T&Cs expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these T&Cs.
  2. Any indemnity or any obligation of confidence under these T&Cs is independent and survives termination of these T&Cs. Any other term by its nature intended to survive termination of these T&Cs survives termination.
  3. Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these T&Cs.
  4. A term or part of a term of these T&Cs that is illegal or unenforceable may be severed from these T&Cs and the remaining terms or parts of the terms continue in force.
  5. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
  6. These T&Cs are governed by the law of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.