Terms and Conditions

Terms and Conditions
1.Definitions
‍1.1“Agreement” means this Terms and Conditions and Individual Release Form;
1.2.“We”, “Us”, “Company” refers to the private company OCE VR PTY LTD;
1.3“Operators”, “Staff” means an employee or manager of the facility;
1.4. “Participant”, “Participants”, “Customer” means a customer engaging in the activities offered;
1.5.“Facility” means the premises of OCE VR PTY LTD;
1.6. “Facilities” means the equipment, machinery, amenities and other facilities available at the location of operations;
1.7.“Fees” means the fees payable by you to access the facilities;
1.8.“Commencement Date” means the date that this Agreement commences;
1.9.“Minor”, “Minors” means anyone under the age of 18 years of age;
1.10.“Services” means equipment preparation, equipment operation, monitoring, video production, and other entertainment services at the facility;
1.11.“Terms and Conditions” means these terms and conditions;
1.12.“Term” means the term of this Agreement;
1.13.“Individual Release Form” means the Individual Release Form provided every session to participants;
1.14.“Appointment”, “Booked Time” means the period of time organised between thefacility and the customer;
1.15.“Session” means the duration of the allotted time specified in the appointment;
1.16.“Unpaid Fee” means a fee for a service we have provided you under this Agreement which you have not paid for in the event you have terminated this Agreement;
1.17. “Parent/Guardian” means the lawful parent or guardian of a Minor or under 18;
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‍2.Binding Agreement
‍2.1 You acknowledge and agree that by signing this Agreement, that this written agreement is the entire agreement between us, and you and no other representation is to be relied upon.
2.2. You should seek independent advice and/or request more information from us in relation to this Agreement prior to signing, and by signing this agreement you acknowledge that you have been given the opportunity to obtain such independent advice.

‍3.Provision of Services
‍3.1. Inconsideration for payment of fees, we agree to provide you with access to the Facilities and the Services during the Appointment.
3.2. Some Services, such as video editing and production, are excluded and may require payment of additional fees as offered. Full particulars will be provided upon request.
3.3. You acknowledge that the Fees are subject to change and may increase. This is regardless of the Fees payable, with exception to services that have been pre-paid. You will be notified a minimum of 30 days prior to any such Fee increase by way of email, phone, or displayed pricing on the website
.3.4. Your safety is important to us, and as such, we will endeavour to ensure that the Facilities and the Services are safe, hygienic, and secure.
3.5. Ifat any time you become aware of an issue with the Facilities or the Services, please notify the staff in person or by writing.
3.6. The Facilities and the Services offered by us are subject to change from time to time without notice to you. We will endeavour to fulfill any Services where a Fee has been pre-paid.
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‍4. Your Obligations
‍4.1. You must be in good health and free from any medical conditions that could be aggravated by using our Facilities, which include but are not limited to:
(a) Any acute medical conditions, including but not limited to infections, post-surgery rehabilitation, skin traumas, recent injuries, strokes, concussions etc.
(b) Epilepsy or seizures of any nature
(c)Arrythmia of any nature and type
(d) Pacemakers, insulin pumps, other implantable electronic devices
(e)Dermatitis or eczema
(f) Pregnancy
4.2. You acknowledge that you will not make use of the Facilities or the Services if any of the contra-indications in clause
1.1 are applicable to you.
4.3. If you have any concerns about your health, you should consult a medical professional before using our Facilities.
4.4. If you begin to feel any adverse effects from using the Facilities and/or the Services, whether the result of virtual reality gaming or not, you are required to inform us immediately and cease all activities. Such adverse effects can include but are not limited to:
(a)Dizziness / disorientation
(b)Nausea and/or loss of consciousness
(c)Muscular tension, cramps and pain
(d)General discomfort and emotional stress
(e)Headaches
(f) Loss of balance
(g)Excessive perspiration / sweating
(h)Electrical shocks / equipment discharges
(i) Skin pinching / skin damage of any kind
4.5. You acknowledge that you will be required to wear clothing that abides the rules of the dress code. We may provide exceptions in writing at our own discretion.
4.6. You acknowledge and understand that the Facilities and the Services are inherently dangerous and all use is entirely at your own risk.
4.7. You agree to, at all times, abide by the terms of this Agreement, rules of conduct, dress code and other policies detailed and displayed in the Facility and on our website.
4.8. You must abide by all instructions from Staff, Operators, or safety personnel, and must not interact with any of the Facilities without instruction. Failure to comply with instructions may result in injury, death, or damages to the Facilities.
4.9. You must not permit any other person to enter the Facility or to use the Facilities and Services. A breach of this clause may result in you and the Participants accompanying you to be refused further access to our Facilities and Services at our absolute sole discretion.
4.10. You must notify us in writing if your contact details change upon entering the Facility.
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‍5. Facilities use
‍5.1. You must ensure that the Facilities are only used:
(a) in accordance with the Facilities manufacturer’s requirements, recommendations and instruction provided by the Staff and/or Operators;(b) in accordance with all Laws, rules and regulations applicable to the Facilities
5.2. You agree not to use the Facilities if:
(a) You are intoxicated or under the influence of illicit or prescription drugs that impair motor functions.
(b) The Facilities are damaged and not made aware to Staff and/or Operators.
(c) The Staff and/or Operators have instructed you not to.
(d) There are no Staff and/or Operators present to instruct you.
(e) If the Facilities are designated as not for use, or are within authorised personnel only areas.
5.3. You will not affix or install any accessories, equipment, or devices without permission from Staff and/or Operators.
5.4. For safety reasons we cannot allow Participants who weigh over 140kg to use theFacilities.
5.5. You acknowledge that in the unlikely scenario the Facilities fail to operate that the Company is not liable for any loss of income, and is not required to compensate the Participants for any fees other than the Fee for the Facilities and the Services.

‍6. Damages and Liability
‍6.1. You agree that in using our Facilities and the Services you are responsible for any damages caused (Fear wear and tear excepted). Damages include but are not limited to:
(a)Damages to the Facilities pertaining to negligent use, theft, or vandalism.
(b) Damages to the Facilities pertaining to operating under the influence of alcohol, illicit drugs or prescription drugs.
(c) Damages to the Facilities pertaining to unauthorised person/s by clause 4.9.
6.2. In the event of damage to the Facilities, you agree to compensate us for the repair or replacement costs of the damaged Facilities.
6.3. If damages occur to the Facilities outlined in clause
6.1. by a Minor, the Parent/Guardian will be responsible for the damages caused.
6.4. In the event of damages to the Facilities, any loss of income determined by the Company will also be demanded from the offending participant.

‍7. Age Restrictions
‍7.1. In signing this Agreement, you acknowledge that you are one of the following:
(a) above the age of 18
(b) above the age of 16 with Parent/Guardian supervision
7.2. You agree that if you are accompanied by a Minor that you will assume responsibility for any damages the Minor causes to the Facility or Facilities as a Parent/Guardian.
7.3. You agree not to bring a Minor under the age of 16 into the Facility and allow them to use the Facilities.
7.4. You agree that the Minors you are responsible for will follow the instructions of the Staff and/or Operators.
7.5. If you are under 18 years, you, and your Parent/Guardian both agree to sign and be bound by this Agreement.

‍8. Incidents and Insurance
‍8.1. You acknowledge that we may, at our own discretion, hold insurances in relation to the Facilities but such insurances may not cover you or your use of the Facilities and that we will have no obligation or requirement to insure you and your use of the Facilities under this Agreement. You are strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from use of the Facilities.
8.2. If we notify you that we hold insurance in relation to the Facilities, you must not do or permit anything to be done which may make the Company’s insurance invalid or able to be cancelled or which may increase the Company’s insurance premiums.
8.3. If the Facilities are involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Facilities during a Session, or otherwise when you are engaging the Facilities (Incident), you must:
(a) if such damage, destruction or theft is covered by and compensated to the Company under an insurance policy, pay the relevant excess amount to Company, as well as any other reasonable costs the Company incurs in relation to such damage, destruction or theft;
(b) not, without the Company’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law;
(c) if requested, permit the Company or its insurer bring, defend, enforce or settle any legal proceedings in your name in relation to the incident.
(d) if requested, provide to the Company, within a reasonable time, any statement, information or assistance which the Company or its insurer requests, including by attending a lawyer’s office or a court to give evidence.
8.4. Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth)
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‍9. Reservation and Cancellation Policy
‍9.1. You acknowledge that in order to use the Facility, Facilities and the Services you must inform us of your intended time, creating an Appointment with the Company.
9.2.Cancellations or changes to reservations must be made within a specified timeframe, as determined by us. Failure to comply may result in cancellation fees or forfeiture of the reservation at our absolute sole discretion.
9.3. We, at our sole discretion, can cancel appointments at any time without cause, returning any Fees that have been incurred to you.
9.4. We have the right to refuse any Appointment requested without cause.
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‍10.Refund Policy
‍10.1. You acknowledge that refunds for Fees processed are only granted with the following conditions:
(a) The Company is unable to provide the Facilities or Services;
(b) There is a court order to return the Fees;
(c) The Service offered is no longer available and the Fees have been pre-paid;
(d) The Company decides at their sole discretion to;
10.2. Any refunds will be granted after a period of review which can take up to 14 business days.
10.3. You acknowledge that we are not obliged to provide refunds if:
(a) You prematurely leave the Facility during an Appointment, forfeiting the remaining Session;
(b) You are dissatisfied with the Facilities or the Services;
(c) You are unable to use the Facilities or Services due to discomfort, or any other medical issues;
(d) The Participants breach a condition of the terms within this Agreement and are refused further use of the Facilities or the Services;
(e) You or other Participants are late to the Appointment or do not arrive;
10.4. If the Company asks for a deposit or booking fee, the Fee is non-refundable.

‍11.Personal Information
‍11.1. You acknowledge that when you schedule an Appointment with the Company, we need to collect the following information:
(a) full legal name;
(b)contact details;
(c) date of birth;
(d)driver’s licence number;
(e)payment details;
(f)company name and ABN or ACN;
11.2. If we are unable to collect this your personal information, we will refuse access to the Facilities and the Services.
11.3. Where you provide us with personal information about someone else, you must have their consent to provide us with personal information so that we may use it to the full extent outlined in clause 10.4.
11.4. We may use and disclose your personal information to:
(a)provide the Services that you request;
(b) do all things necessary to administer those Services;
(c)research, develop, manage, protect and improve our Facilities and Services;
(d)communicate with you regarding safety, arrangements with us and other matters;
(e)investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you;
(f)market our Services to you if consent to marketing is provided;
(g)conduct customer satisfaction surveys and inform you of improvements to our Facilities and Services;
(h)maintain and develop our software and other business systems.
11.5. We may use and disclose your personal information to the following third parties:
(a) our associated entities and businesses;
(b) your company or organisation, if you use our Services under a corporate account;
(c)credit reporting agencies and fraud checking agencies;
(d)transaction agents or companies responsible for processing Fees;
(d) debt collection agencies, if you default in payment of amounts owed to us;
(e) in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
(f)government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.

‍12.Security Surveillance
‍12.1 You acknowledge that the Company uses CCTV surveillance 24 hours a day at the Facility with exemption to bathrooms.
12.2.This system is used for security purposes but does not guarantee against harm.

‍13.Governing Law
‍13.1.This Agreement is governed by the law applying in Queensland, Australia.
13.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
13.3 A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party(such consent not to be unreasonably withheld).

‍14.Notices
‍14.1. A notice or other communication to a party under this Agreement must be provided:
(a) inwriting and in English;
(b)addressed to that party to:
(i) the postal address of the party;
(ii) the email address of that party that has been regularly used by the parties to correspond during the terms of the Agreement (with exception to email addresses that have been known to be inactive and notice to inactivity has been provided).
14.2. A notice must be given by one of the methods set out below:
(a) By hand;
(b) By pre-paid post in the same country;
(c) By pre-paid post by airmail;
(d) By email to the nominated address unless the party sending the email knows or suspects that the email and the attached communication were not delivered to the addressee’s domain specified in the email address, 24 hours after email wassent.

‍15. Relationship
‍15.1.Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between OCE VR and the Customer or any of their respective employees, agents or contractors.
15.2 Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.

‍16. Amendments
‍16.1 This Agreement may only be amended by a document signed by each party.

‍17. Waivers
‍17.1. No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
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‍18. Assignment
‍18.1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party, in which such consent must not be reasonably withheld.
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‍19. Termination
‍19.1 We may terminate this Agreement in whole or in part immediately by written notice to the Customer, if the Customer is in breach of any term of this Agreement.
19.2. You may terminate this Agreement in whole or in part by written notice to the Company if there is more than 72 hours prior to an active or scheduled Appointment.
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‍20. Further Acts and Documents
‍20.1 Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.

‍21. Entire Agreement
‍This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
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