Terms and Conditions
1. Betchoice Corporation (ACN 121 382 607), as the supplier of augmented reality simulation services, and supplies all augmented reality simulation services and facilities to you (the customer) including, but not limited to gaming, simulation walk throughs, training exercises, use of motion capture and tracking technology, use of wearable computing technology, use of wireless controllers, use of haptic feedback technology, use of head mounted augmented reality displays, use of free roam untethered augmented reality simulation technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and the presence of people and objects therein, the surrounding areas and any other associated activities , hereby known as the simulation activities in the Betchoice Corporation venue subject to the following conditions:
1.1. By using any of the facilities at any Betchoice Corporation augmented reality experience, the customer agrees to be bound by these conditions.
1.2. Betchoice Corporation, its employees, directors and agents are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer because the simulation activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Betchoice Corporation. Persons entering onto Betchoice Corporation premises and/or participating in their augmented reality simulation services, agree to indemnify Betchoice Corporation, its employees, directors and agents against any loss or liability, cost, expense or damages arising from, or in relation to the entry by said person(s) to Betchoice Corporation premises. Betchoice Corporation, its employees, directors and agents are not liable, nor do they accept any responsibility for any loss or damage whatsoever to any person or property or the death of or injury suffered to any person entering the premises, because the simulation activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Betchoice Corporation.
1.3. The customer acknowledges that the simulation 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 Betchoice Corporation for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
1.4. RISK WARNING: The use of tracking spaces, head mounted augmented reality displays, free roam untethered augmented reality simulation technology and equipment or any other equipment and technology at any Betchoice Corporation venue involves a significant risk of Customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such simulation activities do so at their own risk.
1.5. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: • are rendered with due care and skill; and • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (paragraphs 1.2 and 1.3).
1.6. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
1.7. The customer agrees to pay the cost of and authorises Betchoice Corporation 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.
1.8. Customers agree they are over 18 years old, 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 tracking spaces, head mounted augmented reality displays, free roam untethered augmented reality simulation technology and equipment or any other equipment. If in doubt, please seek medical advice.
1.9. While participating in any Betchoice Corporation augmented reality experience you consent to images and video being taken for security or promotional purposes of yourself.
1.10. The customer and all Customers must comply with all signs or other directions of Betchoice Corporation and it may suspend or cancel the customer’s and a participant’s access to simulation activities at any Betchoice Corporation augmented reality experience in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.