TERMS AND CONDITIONS
REALTIME VR Pty Ltd (ACN 630100579) (“RealtimeVR”) provides virtual reality simulation services to you (“the customer”) including, but not limited to, simulation walk throughs, gaming, training exercises, which may variously involve use of motion capture and tracking technology, wearable computing technology, wireless controllers, haptic Tact suit feedback technology, head mounted virtual reality displays, free roam untethered virtual reality simulation technology, recreation and waiting areas, use of tracking spaces and the presence of people and objects therein, and any other associated activities in the RealtimeVR venue (“the Services”) subject to the following conditions.
By purchasing or accessing any of the Services or through using any of the facilities at any RealtimeVR venue, the customer agrees to be bound by these conditions.
This is a Risk Warning under section 5M of the Civil Liability Act 2002 (NSW). The customer acknowledges and agrees that participating in the Services is a dangerous recreational activity that involves a degree of risk of physical injury. RealtimeVR takes all reasonable steps to ensure that the Services can be provided safely but also relies on customers taking responsibility for their own safety by following instructions and observing all rules and guidelines whether displayed on the premises or communicated orally. Customers must behave in a safe and responsible manner whilst engaged in the Services having regard to the presence of other customers, RealtimeVR employees, personal property and the premises. Injury can occur from participating in the Services such as, for example, losing balance and falling. That injury may result from the actions of the customer or from the actions of others. On some occasions that injury can be serious. On other rare occasions the injury can be life threatening or result in permanent disability. If a customer has a pre-existing injury or medical condition, that injury or condition may be exacerbated by participation in the Services.
If any guarantee, warranty, term or condition is implied or imposed in relation to the provision of the Services under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and RealtimeVR is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of RealtimeVR for breach of that Non-Excludable Provision is limited to one or more of the following at RealtimeVR’s election: in the case of services, to: supply of the services again; or payment of the cost of having the services supplied again. This clause is subject to clause 6.
The customer acknowledges that the Services are a dangerous recreational activity that involves an element of risk and Realtime VR, therefore cannot guarantee the customer’s health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions, mental harm or distress, and damage to customer’s property. The customer acknowledges that his/her health, physical ability and conduct will affect such risks.
Section 139A of the Competition and Consumer Act 2010 (Cth) permits, in certain circumstances, a term of a contract for the supply to a consumer of recreational services to exclude liability of the supplier pursuant to sections 60 to 63 (inclusive) of the Australian Consumer Law for failure to comply with a guarantee that applies in relation to that supply. To the extent permitted by section 139A, RealtimeVR excludes all its liability arising from or connected to the provision of the Services for:
death;
a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury in an individual);
the contraction, aggravation or acceleration of a disease of an individual; or
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or the community or that may result in harm or disadvantage to the individual or community.
7. Subject to clauses 3, 4 and 6:
to the extent the Services are a “recreational activity”, “recreational service” or the like under any applicable law, RealtimeVR (and its directors, employees, agents, sub-contractors, associates and assignees) (the “Relevant Persons”) exclude all:
liability under any applicable statutory guarantees (including but not limited to guarantees under the Australian Consumer Law); and
express or implied warranties and conditions, including without limitation that the Services will be provided with reasonable care and skill;
The customer, and (where customer is under the age of 18 years and does not have the understanding necessary to enter into this contract) the legal parent or guardian entering into this Agreement on behalf of the customer, absolutely, unconditionally and irrevocably releases and indemnifies the Relevant Persons from and against all action, proceedings, claims, demands, costs, losses, damages and expenses suffered or incurred by the Relevant Persons arising out of or in connection with any participation in the Services;
The Relevant Persons will not be liable for any costs, losses, damages and expenses that may be suffered or incurred in connection with the customer’s participation in the Services or their presence on the premises; and
this Agreement may be pleaded by any of the Relevant Persons as a bar to any actions, proceedings, claims or demands arising out of or in connection with the customer’s participation in the Services or presence on the premises
8. The customer agrees to pay the cost of and authorises RealtimeVR to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
9. Customers less than 16 years of age must be accompanied by a responsible adult to use the facilities at any RealtimeVR venue. Where you are accompanying such children, you agree to be bound by these conditions on their behalf.
10. Customers agree they are in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted to use The Services. RealtimeVR retains the right to deny supplying the Services for these and any other reason at its sole discretion.
11. While in any RealtimeVR venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
12. The customer and all Customers must comply with all signs or other directions of RealtimeVR and it may suspend or cancel the customer’s and a participant’s access to The Services in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
13. If you book or purchase The Services on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
GIFT VOUCHER conditions:
Vouchers are valid until the expiry date specified and cannot be redeemed or replaced after this date.
RealtimeVR Pty Ltd is not responsible for lost / stolen vouchers, and is not responsible for replacing a voucher that has been lost / stolen.
Vouchers are non-refundable and cannot be exchanged for cash.
Vouchers are not valid with any other offer and / or special at RealtimeVR Pty Ltd