BOUNCEinc CONDITIONS OF SALE
The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any BOUNCEinc product described in the Website.
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE “I AGREE” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT.
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
1. Bounce Inc Hong Kong Limited trading as BOUNCEinc as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including, but not limited to trampolining, trampolining lessons, use of the wall, foam pit, bag jump, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any other associated sporting activities or similar leisure time pursuits (recreational activities) in the BOUNCEinc venue subject to the following conditions:
1.1. By purchasing a ticket for or by using any of the facilities at any BOUNCEinc venue, the customer on its own behalf and on behalf of any other participant for whom the customer is purchasing a ticket (the customer and such other participants each being referred to as a “Participant“) agrees to be bound by these conditions. Any person accompanying a Participant (whether attending as a spectator or to supervise a child) is also deemed to be a Participant and shall be bound by these conditions.
1.2. To the fullest extent permitted by law, BOUNCEinc, its employees, directors and agents are not liable to any Participants for personal injury or death suffered by any Participants, save and except where this has arisen directly from the negligence of BOUNCEinc..
1.3. The Participant acknowledges that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the Participant assumes and accepts all such risks and hereby waives the right to sue BOUNCEinc for any personal injury or death in any way whatsoever caused by or relating to the Participant’s participation in such activities, save and to the extent caused directly by BOUNCEinc’s negligence.
1.4. RISK WARNING: The use of trampolines, the wall, foam pit, bag jump, slack line or any other equipment at any BOUNCEinc venue involves a significant risk of Participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All Participants who engage in such recreational activities do so at their own risk.
1.5. Participants must use the trampolines and other equipment at the BOUNCEinc venue in a responsible manner, and with respect for their own safety and the safety of others. Participants may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or reckless behaviour. Participants must pay for any damage caused to the trampolines or any equipment at the BOUNCEinc venue as a result of irresponsible, deliberate or reckless behaviour.
1.6. The Participant agrees to pay the cost of and authorises BOUNCEinc 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.
1.7. Children must be at least 3 years of age to use the facilities at any BOUNCEinc venue and when less than 12 years of age be supervised by a responsible adult. Where a Participant is responsible for a child, the Participant agrees to be bound by these conditions on the child’s behalf. The Participant takes responsibility for the child’s safety and must directly supervise them at all times.
1.8. Participants must be 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 on trampolines, the wall, foam pit, bag jump or any other equipment. If in doubt please seek medical advice.
1.10. All tickets remain the property of BOUNCEinc and cannot be transferred or resold. They are valid only for the date shown and are void if tampered with.
1.11. The Participants must comply with all signs or other directions of BOUNCEinc and BOUNCEinc may suspend or cancel the any Participant’s access to recreational activities at any BOUNCEinc venue in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct.
1.12. Participants must look after their own belongings at the BOUNCEinc venue. Items such as phones and cameras may get damaged if they are used while trampolining, and BOUNCEinc shall not be liable for any loss or damage to Participants’ property (howsoever caused) in the course of trampolining or engaging in other recreational activities at the BOUNCEinc venue.
No phones or cameras may be used in the trampoline areas at any time.
11.13. If you or any Participant chooses to use any cloakroom or storage facilities offered by BOUNCEinc, we do not recommend storing any valuables there. BOUNCEinc’s maximum liability to each Participant for any loss or damage to property stored in any cloakroom or storage facilities at the BOUNCEinc venue (whether arising from BOUNCEinc’s negligence or otherwise) shall be HKD 1,000.
1.14. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any BOUNCEinc venue 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.
ABOUT THE WEBSITE
2. These Conditions of Sale
2.1. Please read these Conditions of Sale carefully before using the Website. By using the Website, you are agreeing to be bound by these Conditions of Sale.
2.2. The Website is provided by Bounce Inc Hong Kong Limited trading as BOUNCEinc.
2.3. The Website may provide links to third party websites and the products or services of third parties. BOUNCEinc is not responsible and is not liable in any way for third party content provided on or through the Website. Your access or use of the third party sites is at your own risk.
2.4. This site may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. BOUNCEinc does not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.
2.5. Copyright in the Website and all the content on it, including but not limited to the service description, photographs and logos (“Website Content”), is owned by BOUNCEinc or its licensors. You are not permitted to use, copy, modify or distribute the Website Content without our written consent. However you are permitted to “share” certain Website Content on social media sites, by the use of social media plug-ins where these are made available.
2.6. The website may contain trade marks or logos of BOUNCEinc, other companies or organisations and these are proprietary to the owner(s) of such marks.
2.7. BOUNCEinc may at any time discontinue or limit access to the Website or its content. BOUNCEinc may terminate or limit your assess to the to the Website if you breach these conditions. All disclaimers and limitations of liability by BOUNCEinc will survive termination.
3. Ordering Procedure
3.1. You may offer to purchase any of the BOUNCEinc products described in the Website for the price specified on the Website.
3.3. Payment must be effected by credit card using the ordering facility on the Website.
3.4. Confirmation of your order will be sent to your nominated email address once your payment for the transaction has been cleared. If you do not receive a confirmation email within two business days please contact the BOUNCEinc Contact Centre. The purchase contract is not complete until we issue this confirmation email.
3.5. You may not cancel an order once it has been submitted and paid, even if a confirmation email from the BOUNCEinc is still pending.
3.6. If you wish to purchase a BOUNCEinc product by telephone, post or by visiting one of the BOUNCEinc venues in your State then any such purchase will be governed by these Conditions of Sale (excluding any of the Conditions of Sale that are specific to purchases made using the Website) but including the conditions displayed at the BOUNCEinc venue.
3.7. Your ticket(s) will be delivered by email. Please bring a printout of the tickets with you to the BOUNCEinc venue, otherwise you may not be able to use your tickets.
4.1. The prices of the BOUNCEinc products shall be the prices displayed on the Website on the date of your order. There may occasionally be an error in the price displayed on the Website (see section 5.1 below).
4.2. All prices displayed on the Website are quoted in Hong Kong dollars and must be paid in full, except where discounts are offered as detailed on the Website.
5. Cancellation due to error or unavailability
5.1. You acknowledge that despite BOUNCEinc’s reasonable precautions, BOUNCEinc’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error or other oversight. In these circumstances, BOUNCEinc reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
5.2. If a cancellation of this nature occurs after your credit card has been charged for the purchase, BOUNCEinc will promptly issue a credit to your credit card account for the amount in question.
6. Cancellation for other reasons
Under normal circumstances, a confirmed order will enable you to engage in the activities specified in your order at the BOUNCEinc venue. However there may be circumstances in which we are unable to make the BOUNCEinc venue or services available on the date or at the time allocated. This may be as a result of unexpected closure of the BOUNCEinc venue, damage to the facilities rendering them unsafe, insufficient staff availability or otherwise. In such circumstances, we will inform you of the situation and either refund the ticket price or allow you to reschedule (where this is possible). BOUNCEinc shall not be liable for travel costs or any other losses in connection with cancellation.
7. Details of conditions applicable to purchase of BOUNCEinc products
Details of the conditions applicable to the purchase of BOUNCEinc products on the Website may differ from time to time. BOUNCEinc reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording notice, provided that this does not materially affect the nature of the BOUNCEinc products purchased by you.
8. Order submission and your agreement to these Conditions of Sale
When you click on the “I Agree” checkbox you agree to these Conditions of Sale and BOUNCEinc will treat this as a binding order. You are responsible for ensuring the accuracy of your order. Upon confirming your order, BOUNCEinc shall supply you, subject to availability, with BOUNCEinc Products set out in your order. BOUNCEinc will normally confirm each order made online via the Website or by email within two business days.
Once you have submitted an order, your payment will be non-refundable, even if you decide not to use the ticket(s) ordered.
9. Security Policy
9.1. When purchasing from the Website your financial details are passed through a secure server.
9.2. No transmission over the Internet can be guaranteed as totally secure. Whilst BOUNCEinc strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to BOUNCEinc, including your credit card details, is transmitted at your own risk and to the fullest extent permitted by law, BOUNCEinc shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of the Website whether due to negligence, breach of contract, statute or statutory duty by BOUNCEinc.
9.3. Once BOUNCEinc receives your transmission, it will take reasonable steps to preserve the security of such information.
10. Law and jurisdiction
These Conditions of Sale shall be governed by and construed in accordance with the laws of Hong Kong and the courts of Hong Kong shall have exclusive jurisdiction over any dispute arising in connection with these Conditions of Sale. If any of these Conditions of Sale should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.