Welcome to GameOverGC.com.au. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Game Over Pty Ltd’s relationship with you in relation to this website.
1.APPLICATIONOF TERMS
1.1. These terms and conditions (“Website Terms”) apply to your use of our website. By accessing and/or using our website and related services:(a) you agree to these Website Terms, and to our Privacy Policy; and (b) where your access and/or use is on behalf of another person, you confirm that you are authorized to, and do in fact, agree to these Website Terms and to our Privacy Policy on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is also bound by these Website Terms and our Privacy Policy.
1.2. You should review these terms carefully before using our Website. If you do not agree to these terms, you are not authorized to access and/or use our Website, and you must immediately stop doing so.
2.CHANGES
2.1. We may change any of our terms and conditions at any time by updating them on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms and conditions. By continuing to access and/or use our Website, you agree to be bound by the updated terms and conditions.
2.2. We may, from time to time and without notice or liability to any person, change, suspend, discontinue, or restrict access to, our Website or any part of it.
2.3. These Website Terms were last updated in August 2022.
3.DEFINITIONS
In these Website Terms:
Conditions of Sale has the meaning given to that term under clause 6.1;
Disclaimer means our disclaimer (waiver);
Event means a birthday party, group event, corporate event, school event, special event, catered function or other similar event;
Game Over Venue or our venue means our venue located at 88 Siganto Drive, Helensvale, Queensland; Including and similar words do not imply any limit;
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost;
Personal information means information about an identifiable, living person;
Privacy Policy means our privacy policy which is available for viewing on our Website; Underlying System means any network, system, software, data or material that underlies or is connected to the Website;
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website;
We, us or our means Game Over Pty Ltd;
Website means www.gameovergc.com.au and https://goaustralia.clubspeedtiming.com/booking/giftcards;
You means you or, if clause1.1b applies, both you and the other person on whose behalf you are acting;
Venue Conditions of Entry means our conditions of entry to our venue. 4.OBLIGATIONS
4.1. You must provide true, current and complete information in all of your dealings with us (including when setting up your Game Over account/guest profile), and you must promptly update that information as required so that the information remains true, current and complete.
4.2. If you are given a User ID to gain access to all or part of our Website you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to reception@gameovergc.com.au
4.3. You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our prior written agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4. You must obtain our written permission to establish a link to our website. If you wish to do so, email your request to reception@gameovergc.com.au.
4.5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Website Terms, including any failure of a person who accesses and uses our Website or specific sections of it by using your User ID.
5.LINKED SITES
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. Your access and/or use of third party sites is at your own risk and may be subject to separate terms and conditions of use as displayed on such site(s).
6.CONDITIONS OF SALE
6.1. By using our website, you are agreeing to be bound by our conditions of sale as described in clauses 6.2 to 6.17 (below) (“Conditions of Sale”),which includes our Disclaimer and our Venue Conditions of Entry.
6.2. Therefore, please read these Conditions of Sale (and our Disclaimer and Venue Conditions of Entry) carefully before selecting your purchases. By completing an online purchase and / or by entering the Game Over Venue, you acknowledge that you have read these Conditions of Sale, including our Disclaimer and our Venue Conditions of Entry, and that you understand them and agree to be bound by them. If you are making a purchase on behalf of another person, you agree that you are making the purchase and agreeing to these terms on that person’s behalf and, accordingly that person is also bound by these terms.
Purchases
6.3. You may purchase any of our products described on our Website for the price specified on our Website (and in the manner that we allow, such as by credit card).
6.4. If you wish to purchase any of our products by telephone, post or by visiting our venue then any such purchase will be governed by these Conditions of Sale, including our Disclaimer and our Venue Conditions of Entry, (but excluding any of our Conditions of Sale that are specific to purchases made using our Website only).
6.5. All products purchased must be fully paid prior to admission to the applicable activity.
Pricing
6.6. The prices of our products (inclusive of goods and services tax) shall be the prices (subject to any errors, omissions or changes that are yet to be updated) displayed on our Website on the date of your purchase.
6.7. All prices displayed on our Website are quoted in Australian dollars and must be paid in full, except where discounts are offered. GiftCards/Vouchers
6.8. Gift cards/vouchers have no value until activated at the time of purchase.
6.9. Gift cards/vouchers can only be redeemed by presenting them at our venue’s front desk. The gift card/voucher is redeemable against any of our available products, except gift cards/vouchers cannot be used to purchase Event tickets or any item that is available from our vending machines.
6.10. The value on the gift card/voucher is non-refundable and cannot be redeemable for cash. No change will be given on purchases, but balances can be redeemed on future purchases.
6.11. We are not responsible for lost, stolen or damaged gift cards/vouchers.
6.12. Gift cards/vouchers expire 3 years after date of purchase, unless otherwise stated. To check your balance, the card needs to be scanned at our venue’s front desk. Additional or other terms and conditions may apply to giftcards/vouchers purchased through third party providers (e.g. Red Balloon). Please refer to the terms and conditions provided by the third party seller where the voucher was purchased.
Cancellation by us
6.13. We reserve the absolute right to cancel or vary any service for any reason including as a result of weather conditions, insufficient reservations, availability of product, track availability, availability of staff or any other event or circumstance or for any other reason. The selling agent and/or us accept no responsibility for any loss or additional expenses arising from changes, delays or cancellations of our services and / or activities.
6.14. If a cancellation of this nature occurs after payment has been taken for the purchase, we will as soon as practicable issue you a refund or credit to be used on a future date.
Refunds
6.15. Refunds are made in accordance with applicable consumer legislation or in the absence of such legislation at our sole discretion.
Events
6.16. The following terms apply to pre-paid Event bookings: a. full payment must be made 7 days prior to the date of the Event. Payments not received by this time may result in your booking being cancelled by us; and b. you are liable for and must indemnify us against any third party costs (for example, catering) that we have incurred in relation to your Event.
6.17. If a pre-paid Event booking is not utilized by you without any prior notification to us, then it is deemed to have been used you will remain liable for all unpaid booking fees and expenses. 6.18. Subject to clause 6.15, refunds will not be granted if you change your mind.
7.INTELLECTUAL PROPERTY
We (and/or our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
8.DISCLAIMERS
8.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: a. our Website being unavailable (in whole or in part) or performing slowly; b. any error in, or omission from, any information made available through our Website; c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and/or use our Website protects you from this; and d. any site linked from our Website. Any link on our Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
8.2. We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and/or use of our Website is not illegal or prohibited, and for your own compliance with applicable local laws.
9.LIABILITY
9.1. To the maximum extent permitted by law and subject to clause 9.2:
a. you access and/or use our Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Website Terms, our Website, or your access and use of (or inability to access or use) our Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
9.2. Except to the extent permitted by law, nothing in these Website Terms has the effect of contracting out of Australian Consumer Law or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, then our liability is limited to re‑supplying the Website or payment of the cost of re‑supplying the Website.
9.3. To the maximum extent permitted by law and only to the extent clauses 9.1and 9.2 of these Website Terms do not apply, our total liability to you under or in connection with these Website Terms, or in connection with our Website, or your access and use of (or inability to access or use) our Website, must not exceed AUD10.
10.SUSPENSION AND TERMINATION
10.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Website Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate access to our Website (or any part of it).
10.2. On suspension or termination, you must immediately cease using our Website and must not attempt to gain further access.
11.GENERAL
11.1. If we need to contact you, we may do so by email or by posting a notice on our Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2. These Website Terms, and any dispute relating to these Website Terms or our website, are governed by and must be interpreted in accordance with Australian law. Each party submits to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia in relation to any dispute connected with these Website Terms or our Website.
11.3. For us to waive a right under these Website Terms, the waiver must be inwriting.
11.4. Clauses which, by their nature, are intended to survive termination of these Website Terms, including clauses 4.5, 5, 8, 9, 11.1, continue in force.
11.5. If any part or provision of these Website Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Website Terms. The remainder of these Website Terms will be binding on you.
11.6. These Website Terms set out everything agreed by the parties relating to your use of our website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Website Terms. The parties have not relied on any representation, warranty or agreement relating to our Website that is not expressly set out in these Website Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Website Terms.
