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LEGAL

Skypeak Legal

TERMS AND CONDITIONS

Aerial Adventure Parks Pty Limited (ABN: 13 602 974 381) trading as Skypeak Adventures and our related bodies corporate (hereinafter collectively known as “Skypeak Adventures”), own and operate aerial adventure courses including but not limited to: Atmosphere, Momentum, Skypeak Tree, Skypeak Kids Course and Skypeak Walk.
This document contains the terms and conditions governing your use of this website, any order or purchase of a product, ticket or booking made through our website or in person at our venues and when you visit our venues and participate in our activities. By using this website, purchasing a ticket, visiting our venue and/or participating in one of our activities, you agree to be bound by these Terms and Conditions.

CONTENTS OF THIS WEB SITE

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

BOOKINGS AND TICKETS

Bookings made through this website will require the use of a valid credit card which may incur a surcharge. Payment is taken from the card upon submission of the booking, and bookings are not confirmed until payment is completed. Bookings made via our website using a credit card require payment in full at time of booking.
Skypeak Adventures operates a no-refunds policy for all cancellations and non-attendances. Subject to any rights you may have under the Australian Consumer Law, all bookings are final and tickets are valid for the date for which they were purchased and valid for 90 days.
After completing your purchase you will gain access to an online page confirming your order. You will also receive email notification attaching your invoice and your order confirmation. Please ensure you can present confirmation of your booking at reception. Photo ID and matching signatures maybe required on request. Fraudulent use will be referred to police.
Ticket prices are inclusive of GST.
To reschedule please contact us 24 hours prior to your session time.

GIFT VOUCHER TERMS & CONDITIONS

  • This Gift Certificate is redeemable for a maximum value of $59.
  • This Gift Certificate is valid for one General Entry Pass to Atmosphere at Skypeak Adventures.
  • Participants must be 1.4 metres or taller, and under 130kg, for the Atmosphere activity.
  • This Gift Certificate is not transferrable and can only be used by the recipient of this Gift Certificate, whose name is written on the front.
  • This Gift Certificate has a unique number which will be verified prior to redemption.
  • This Gift Certificate cannot be redeemed for cash or credit or refunded.
  • Passes to Atmosphere are subject to standard operational availability – and sessions may not be available on certain days.
  • This Gift Certificate must be claimed and redeemed before the expiry date, after which time the Gift Certificate will be null and void.
  • Skypeak Adventures takes no responsibility for lost or stolen Gift Certificates.
  • Skypeak Adventures reserves the right to alter its ticket prices or terms and conditions at any time, without notice.
  • This Gift Certificate is subject to Skypeak Adventures’ Terms & Conditions.

PARTICIPATING IN THE SKYPEAK ACTIVITIES

Clients of Skypeak Adventures acknowledge that certain risks of injury are inherent in participation in Aerial Adventure and High Rope Challenge activities. Clients are aware that the High Rope Challenges contain inherent risks and dangers that no amount of care, caution, instruction, or expertise can eliminate, and clients are voluntarily participating in these activities. Clients understand that the dangers and risks of participating in these activities include, but are not limited to, serious physical injury, long term disability, death, fractures, sprains and strains among others. These types of injuries may be minor or serious and may result from one’s own actions, or actions or inactions of others, or a combination of both. Clients understand that on their behalf, they are waiving and releasing any claims which they may have against Skypeak Adventures, its owners and employees from and against all liability for bodily injury, property damage or loss, and death, arising from their participation in these activities that they wish to engage in.

CONDITIONS OF ENTRY

Skypeak Adventures reserves the right to refuse entry or request clients to leave the park for any of the following:

  • The operation of some attractions may be affected by adverse weather conditions or maintenance activity and may not be operational on the day you visit the venue.
  • Skypeak Adventures will remain open in most weather conditions (except in circumstances of lightning, high winds or storm).
  • Some of the Skypeak activities may be affected by certain weather conditions and participants may be required to vacate the course and must follow the instructions of Skypeak staff at all times.
  • Children under 14 years of age must be accompanied at all times by a responsible adult who is 18 years of age or older (Identification may be requested). The accompanying adult is responsible for the supervision and safety of their children.
  • Different aerial activities have certain height, age or weight restrictions and clients acknowledge that they will abide by these rules and may be refused access to certain activities for any of these reasons.
  • Clients entering Skypeak Adventures acknowledge the activities in this service may expose them to a greater than normal risk of injury. Clients therefore agree upon entry to the service, the owners and operators of Skypeak Adventures shall not be liable for any injury to persons and property and forego any legal rights whatsoever and howsoever incurred, including but not limiting to omission act of negligence, default, breach of contract, or torturous act of any kind.
  • Clients are required to attend an Induction Session prior to participating in any of the Skypeak activities. You are responsible for the full application of safety rules whilst on the activities.
  • Clients are required to arrive at least 30 minutes prior to their scheduled booking.
  • A waiver form must be signed by all participants, or their parent/guardian (for any participant younger than 18 years), upon checking into Skypeak adventures and prior to participating in any Skypeak activities.
  • Clients entering Skypeak must not be under the influence of or affected to any extent by alcohol, medications or drugs (whether legal or illegal).
  • Maximum weight is 130kg for course participants and 40kg for Kids Course.
  • No items may be taken on the courses including cameras, phones, keys etc.
  • Participants must wear closed toed shoes with rigid soles (sport shoes are recommended); no exposed skin from the ankle down; no sandals, slip-off or toed shoes
  • Long hair must be tied back and all jewellery removed
  • Waists must be covered and piercings removed or taped over
  • Glasses, including prescription glasses, may only be worn with a strap
  • If it becomes necessary to close the course for reasons beyond our control, such as extreme weather conditions, we will offer alternative dates or times for your booking.
  • No refunds or part-refunds will be made for late arriving participants.
  • No refunds or compensation will be payable by Skypeak Adventures in the event that any participant is not permitted to, or decides not to undertake or complete an activity or for any of the reasons set out in these Terms and Conditions.
  • No outside food or drinks may be brought in or consumed on the premises. A fully catered café is available on site.
  • We reserve the right to inspect bags at any time for security purposes
  • Inappropriate behaviour or language will not be tolerated and may result in the expulsion from our premises and forfeiture of any residual ticket value.
  • By entering Skypeak Adventures you acknowledge abiding by the above conditions of entry and are subject to the Skypeak Adventures Terms and Conditions herein.
  • You also agree to our Privacy Policy, including the terms regarding the use of your image and likeness. Our Privacy Policy is available on the website.
  • Design, logos and systems of Skypeak Adventures are protected by trademark, copyright and other intellectual property rights. You must not infringe those rights.

WAIVERS

All participants must complete and sign a Skypeak Waiver, Indemnity and Limitation of Liability document (hereinafter referred to as Waiver), as this is a legally binding document. It affects your legal rights and contains releases of liability and a waiver of your legal rights . The Skypeak Adventures waiver ensures all participants understand the nature of aerial challenge activities and the risks involved and includes a waiver of liability. As a legal contract, it must be completed accurately by the participant or parent/guardian as applicable. Refusal to complete the Waiver will result in the inability to participate and forfeiture of any activity purchases, which are non-refundable.

Clients entering Skypeak Adventures acknowledge the activities in this service may expose them to a greater than normal risk of injury. Clients therefore agree upon entry to the service, the owners and operators of Skypeak Adventures shall not be liable for any injury to persons and property and forego any legal rights whatsoever and howsoever incurred, including but not limiting to omission act of negligence, default, breach of contract, or torturous act of any kind.

Participants must bring appropriate identification in order to validate the information on the Waiver. Parents of children under 18 must provide identification to validate their right to execute the waiver agreement on behalf of the child participant.

LIMITATIONS OF LIABILITY

Certain statutory warranties under consumer protection laws in Australia are implied for the benefit of consumers. While nothing in these Terms and Conditions is intended to exclude, restrict or modify the application of such laws, Skypeak Adventures does not give any guarantee, warranty or make any representation of any kind, express or implied, in connection with these Terms and Conditions outside those laws.
To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited, at our option, to:

  • in the case of services:
    • the supplying of the services again; or
    • a refund for the cost of the services
  • in the case of goods, any one or more of the following:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; or

You should also refer to the Skypeak General Waiver, Indemnity and Limitation of Liability document for other waivers of our liability.
If any of these Terms and Conditions are invalid, illegal or unenforceable, they will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the other conditions will remain valid.

YOUR DETAILS

Photography and video may appear on our website. Skypeak Adventures reserves the right to use your image in any promotional or advertising material.

Skypeak Adventures may send you offers, promotions and details of exciting new projects from time to time. If you do not wish to receive these please tick the relevant box when you make a booking.

The Skypeak Adventure activities are physically demanding and require a degree of agility, strength and endurance. If participants have medical concerns they are advised to consult their doctor in advance. It is the responsibility of the participant to inform Skypeak Adventures of any preexisting medical conditions or injuries which might affect their ability to participate safely in any of the activities. Due to the physical nature of the courses, Skypeak Adventures recommends that pregnant women, people with pre-existing conditions or heart problems should not take part.

Skypeak Adventures reserves the right to change these Terms and Conditions at any time without notice. We will notify you of any amendment to this agreement by posting a notification on this website. If you do not agree to the varied terms, please immediately cease any further use of our services. Any amendments to the agreement will not affect any accrued rights of the parties.

These Terms and Conditions are governed by the laws of New South Wales, and any dispute in connection with these Terms and Conditions shall be referred to the exclusive jurisdiction of the courts in New South Wales.

PRIVACY POLICY

INTRODUCTION

This Privacy Policy is effective as of 30/03/2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. Skypeak Adventures takes your privacy seriously, and we safeguard your personal information.
We reserve the right to update or change our Privacy Policy at any time and you should check this privacy Policy periodically. If we make any substantial changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Skypeak Adventures operates http://skypeak.com.au/. This page informs you of our policies regarding the collection of personal Information we receive from users of the Site, payment information, website and cookies. We take our responsibilities under the Privacy and Personal
Information Protection Act 1998
. Protecting your privacy and the confidentiality of your personal information is fundamental. We value the ongoing trust you have in us to protect your privacy.

WHAT IS PERSONAL INFORMATION?

Personal information refers to information or an opinion about an individual whose identity is apparent or can be ascertained from the collected information. Skypeak Adventures only collects personal information which is necessary and related to its activities.

COLLECTION AND USE OF PERSONAL INFORMATION

Skypeak Adventures collects most personal information directly from you.
For example:
When you use our website
When you send us an e-mail or use our “contact us” section
Complete a waiver
Send us correspondence (whether by letter, fax or other means)
When you make a booking either online, via phone, email or at our centre
Via our official social media – Facebook, Twitter and Instagram
When you enter a promotion and/or competition
Provide feedback or participate in a survey
There may be occasions in which we collect information about you through a third party. For example, from a person or organisation who is booking on your behalf
When you sign up to receive our newsletters or marketing material
When you submit an application for employment at Skypeak Adventures

We may use your Personal Information to contact you with newsletters, marketing or promotional materials. By using the Site, you agree to the collection and use of information in accordance with this policy.

PAYMENT INFORMATION

Your payment information is collected directly through the website when booking. We currently take payment in the form of Visa, MasterCard and American Express. We do not store your payment information nor is it available for any individual to see throughout the transaction or in your booking summary. However, if using PayPal to verify payment we do store an ‘Authentication code’, this does not provide any personal payment information.

WEBSITE AND COOKIES

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Skypeak Adventures website uses “cookies”, to improve the user experience in the future. The distinctive purpose of Cookies is to aid websites in remembering your specific actions you may have done in the past. Cookies track when you have logged into the site, click for certain features and visited multiple pages. The cookies we pass to your electronic device are anonymous and do not hold information about you and are not capable of revealing your personal identity. If you prefer not to receive “cookies” you can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. Rejecting cookies can, however, limit the functionality of our website.

COMPLAINTS

In the event an individual considers a breach in this privacy policy they may contact us immediately. We will address this complaint and endeavour to resolve the issue with 14 business days.

CONTACT US

If you have any questions about this Privacy Policy, please contact us through the following:
Email: info@skypeak.com.au
Phone: 9677 7759
Mail: Skypeak Adventures
Corner Boronia and Forrester Roads
St Marys NSW 2760