Terms & Conditions
The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any product provided by Stratospheric Entertainment Private Limited acting as the licensee of Bounce International Pty. Ltd. described in the website (‘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 TERMS & CONDITIONS. YOU AGREE THAT A CONTRACT FOR THE SALE AND SUPPLY OF SERVICES IS BEING FORMED BETWEEN YOU, THE CUSTOMER, AND STRATOSPHERIC ENTERTAINMENT PRIVATE LIMITED. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AND ENTERING THIS CONTRACT AS THEIR AGENT.
important notice – please read
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – YOU ARE ENTERING A CONTRACT – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
“SEPL” means Stratospheric Entertainment Private Limited, a company incorporated under Companies Act, 2013, having its registered office at Satyam Apartments, Block Number 7, Joshiwadi MGX, Road Number 3, Kandivali (West), Mumbai, Maharashtra – 400067, India and its employees, directors and agents as the provider of Recreational Services.
“BOUNCEinc” means Bounce International Pty Ltd (ACN 167 564 516), having its office at 1A Weir Street, Glen Iris, Victoria, 3146, Australia and its employees, directors and agents as the supplier of Recreational Services.
“Recreational Activities or Recreational Services” includes but is 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.
SEPL sells all tickets and supplies all Recreational Services and facilities to you (‘the customer’) as the licensee of BOUNCEinc in the SEPL venue subject to the following conditions:
- By purchasing a ticket for or by using any of the facilities at any SEPL venue, the customer agrees to be bound by these terms and conditions.
- SEPL and/or BOUNCEinc are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer because the Recreational 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 SEPL.
- The customer 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 customer assumes and accepts all such risks and hereby waives the right to sue SEPL and/or BOUNCEinc for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
- RISK WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any SEPL 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 sole risk.
- The customer agrees to pay the cost of and authorises SEPL 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.
- Children must be at least 3 years of age to use the facilities at any SEPL venue and when less than 16 years of age be accompanied by guardian or a person who is 16 years or above in age. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.
- 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 the trampolines, the wall, foam pit, bag jump or any other equipment. If in doubt, please seek medical advice. By entering this agreement, you warrant that you are in good health and free from any adverse medical conditions or you will otherwise refrain from participating in the Recreational Activities.
- While in any SEPL 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.
- All tickets remain the property of SEPL and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
- The customer and all participants must comply with all signs or other directions of SEPL and it may suspend or cancel the customer’s and a participant’s access to Recreational Activities at any SEPL venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
- If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any SEPL venue on behalf of another person, you and that other person both agree that you make that purchase and enter this agreement as the authorized agent of that other person so that he/she will be bound by these terms & conditions.
USAGE OF THE WEBSITE AND INTELLECTUAL PROPERTY
- 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.
- The Website is provided by SEPL.
- The Website may provide links to third party websites and the products or services of third parties. SEPL and/or BOUNCEinc are not responsible and are not liable in any way for third party content provided on or through the Website. You assess or use of the third party sites is at your own risk.
- The Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. SEPL and/or BOUNCEinc do 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.
- SEPL and/or its licensor, namely BOUNCEinc. are the sole owners of the intellectual property rights in the Website, including without limitations, any software, domains, and content made available through the Website. The Website is protected by copyright laws and treaties (and/or similar intellectual property laws, as relevant) around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of the contents of the Website must always be acknowledged.
- Without limitation, this means that you cannot sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without SEPL prior express written consent.
- The Website may contain graphics, logos, icons and service names related to the Website that are registered and unregistered trademarks or trade dress of SEPL and/or BOUNCEinc. They may not be used without SEPL’s prior express written permission.
- SEPL grants you a royalty free, non-exclusive, non-transferable, revocable, worldwide limited licence to access and make personal use of our intellectual property rights solely to the extent necessary to allow you to participate in the Recreational Services.
- SEPL may at any time discontinue or limit access to the Website or its content. SEPL may terminate or limit your assess to the Website if you breach the conditions mentioned herein. You may not bypass any measures used by SEPL to prevent or restrict access to the Website. All disclaimers and limitations of liability by SEPL and/or BOUNCEinc will survive termination.
- In the event of breach of this Clause, SEPL shall institute appropriate legal proceedings against you to claim damages. SEPL also reserves rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it.
- You may offer to purchase any of the SEPL products described in the Website for the price specified on the Website.
- Your order must contain your name, phone number, e-mail address, payment details and any other ordering information specified on the Website.
- Payment must be effected by authorized payment channels available on the Website using the ordering facility on the Website.
- Confirmation of your purchase 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 2 (two) business days, please contact the SEPL’s contact centre.
- You may not cancel an order once it has been submitted and paid, even if a confirmation email from the SEPL is still pending.
- If you wish to purchase an SEPL product by telephone, post or by visiting one of the SEPL 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 SEPL venue.
- The prices of SEPL products shall be the prices displayed on the Website on the date of your order (may be exclusive or inclusive of any applicable taxes depending on ticket type).
- All prices displayed on the Website are quoted in Indian Rupee and must be paid in full, except where discounts are offered as detailed on the Website.
caNCELLATION DUE TO ERROR OR UNAVAILABILITY
- You acknowledge that despite SEPL’s reasonable precautions, SEPL’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances or other oversight. In these circumstances, SEPL reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
- If a cancellation of this nature occurs after your credit card has been charged for the purchase, SEPL will, within a reasonable time, issue a credit to your credit card account for the amount in question.
- While purchasing tickets of any SEPL venue through authorized ticket sellers and payment channels, SEPL will not be liable for any payment errors/gateways failures/ cancellation of payment.
details of conditions applicable to purchase of sepl products
Details of the conditions applicable to the purchase of SEPL products on the Website may differ from time to time. SEPL reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable law 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 SEPL products purchased by you.
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 SEPL will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. SEPL shall supply you, subject to availability, with SEPL Products set out in your order. SEPL shall confirm each order made online via the Website or by email within two business days.
- When purchasing from the Website your financial details are passed through a secure server. No transmission over the Internet can be guaranteed as totally secure. Whilst SEPL 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 SEPL, including your credit card details, is transmitted at your own risk and SEPL and/or 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 this Website whether due to negligence, breach of contract, statute or statutory duty by SEPL or BOUNCEinc.
- Once SEPL receives your transmission, it will take reasonable steps to preserve the security of such information.
You agree to indemnify and hold SEPL and/or BOUNCEinc (and their officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Conditions of Sale, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Conditions of Sale or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity or other rights. This clause shall survive the expiry or termination of this Conditions of Sale.
LIMITATION OF LIABILITY
SEPL and/or BOUNCEinc provides the Recreational Services and Website “as is” and without any warranty or condition, whether express, implied or statutory. To the extent permissible by laws, SEPL and/or BOUNCEinc specifically disclaims any implied warranties of title, merchantability, or fitness for a particular purpose.
SEPL and/or BOUNCEinc, its shareholders, directors, officers, employees or agents shall, in no event, be liable (jointly or severally) for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of business / sales, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related Services, the provision of or failure to provide Recreational Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website or Recreational Services, whether based on contract, tort, negligence, strict liability or otherwise, even if SEPL and/or BOUNCEinc have been advised of the possibility of damages. If you are dissatisfied with any portion of the Website, or with any of these Conditions of Sale, your sole and exclusive remedy is to discontinue using the Website / Recreational Services.
You acknowledge and agree that SEPL and/or BOUNCEinc are not responsible for the accuracy of any information published on the Website and does not warrant that any information appearing on the Website is accurate, true or complete. SEPL and/or BOUNCEinc specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
GOVERNING LAW AND JURISDICTION
These Conditions of Sale and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Indian Law. The courts at Mumbai shall have exclusive jurisdiction to hear and decide any suit, action or proceeding, and to settle any dispute which may arise out of or in connection with this Condition of Sale.
If any term, provisions, covenants or conditions of this Conditions of Sale is held by a court of competent jurisdictions to be void, invalid or otherwise unenforceable, such term, provisions, covenants or conditions shall be deemed deleted and the remaining provisions of this Conditions of Sale shall remain and continue to be valid, binding and enforceable.
PRIVACY STATEMENT – www.bounceinc.in