Terms and Conditions
Please read the following terms and conditions carefully.
These terms and conditions are made between Little Seashell Pty Ltd (ACN 606 522 561) trading as NUBO (referred to as ‘NUBO’) and each customer or visitor of NUBO Indoor Play Centre (referred to as ‘You’ or ‘the Customer’). You agree and acknowledge that if You made a booking and/or purchased tickets on behalf of any other Customer (including children whom you are providing custodian and care), you will act as an agent of those Customer(s) and those Customer(s) will be bound by the same terms.
By using any services provided by NUBO, you agree to be bound by the following terms:
- A. NUBO general terms and conditions
- B. Conditions of Entry
- C. Notices from NUBO
- D. Safety policies of NUBO
You acknowledge that additional terms and conditions may apply to party events.
General Terms and Conditions
The following terms and conditions apply on the earlier of, the date when bookings are made with NUBO by You (in-store, over phone or by email), and the date when You enter into NUBO Indoor Play Centre. NUBO Indoor Play Centre means the premises located at Unit 2.01, Building 2, 160 Bourke Road, Sydney Corporate Park, Alexandria NSW 2015 or any other premises identified in www.nubo.com.au for the purpose of provision of Recreational Services. Recreational Services are services that consist of participation in any Recreational Activities. Recreational Activities mean any sporting or leisure activity carried out in NUBO Indoor Play Centre by You.
Liabilities & Waiver of Rights
- 1. All policies, fees schedules, notices, timetables, facilities and terms and conditions of NUBO may be altered by NUBO at its sole discretion without notice to suit usage requirements.
- 2. You acknowledge and agree that performance of Recreational Activities in NUBO Indoor Play Centre may result in harm (including personal injury and/or death) to You and is an obvious risk under section 5L of the Civil Liability Act 2002 (NSW). You are solely responsible for deciding whether or not to engage in Recreational Activities. You agree to voluntarily undertake those risks when performing Recreational Activities.
- 3. You acknowledge and agree that warning signs displayed in NUBO Indoor Play Centre constitute a ‘risk warning’ under section 5M of the Civil Liability Act 2002 (NSW).
- 4. To the maximum extent permitted by law under section 139A of the Competition and Consumer Act 2010 (Cth), You agree and acknowledge that any rights you may have in the event of death, physical or mental injury, and/or contraction, aggravation or acceleration of a disease due to breach of any guarantee provided under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law shall be excluded.
- 5. To the extent not prohibited by law, in no event shall NUBO, its employees, agents, officeholders and representatives be liable for personal injury, death, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use Recreational Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if NUBO has been advised of the possibility of such damages. You agree that this is binding upon Your estate and upon any legal representative of You and/or Your estate.
- 6. In no event shall NUBO’s total liability to You for all damages exceed the amount of AUD$1,000.
Health and Safety
- 7. Performing Recreational Activities in some circumstances may cause a dangerous situation. By performing Recreational Activities in NUBO Indoor Play Centre, You agree that You are responsible for observing safety policies, rules, notices and warning signs of NUBO at all times when You are in NUBO Indoor Play Centre.
- 8. You agree to comply with safety directions reasonably given by NUBO, its employees, agents, officeholders and representatives to You at all times when You are in NUBO Indoor Play Centre.
- 9. You acknowledge and agree that you understand the scope, nature and extent of associated risks when performing Recreational Activities. Such risks include, contraction, aggravation or acceleration of a disease, physical or mental injury, and/or death. You agree to perform the Recreational Activities at your sole risk and that NUBO, its employees, agents, officeholders and/or representatives shall have no liability to You under breach of warranty (either express, implied or statutory), contract, tort, negligence, statute or statutory duty.
- 10. You agree that children under the age of 18 and/or Customers who are mentally disabled (collectively referred to as ‘Children’ for the purpose of this clause 10) must be accompanied and closely supervised by an adult at all times. Where you are responsible for the Children, you agree to be bound by these terms and conditions on their behalf and you will closely and directly care and supervise them at all times.
- 11. To maintain a hygienic environment for all Customers, You agree to wear socks at all times when You are in NUBO Indoor Play Centre and ensure that Customers who are in Your care and custodian will perform the same. In the event that You or any Customers who are in Your care and custodian is ill, noxious or suffering from any form of injury (regardless of the extent of illness or injury), You agree to cease all Recreational Activities and leave NUBO Indoor Play Centre immediately.
- 12. For the safety of others, You agree not to enter into NUBO Indoor Play Centre if you are under any influence of alcohol, drugs (regardless the degree of influence) or are suffering from any form of infectious disease (regardless of the degree of infectiousness).
- 13. On entry into NUBO Indoor Play Centre, You acknowledge and agree that You are granted with a non-exclusive license to use the equipment in NUBO Indoor Play Centre and You must not cause any damage to those equipment.
Fees & Ticketing
- 14. In connection with Your enjoyment of Recreational Services provided by NUBO, you are responsible for the payment of all fares and charges as provided in the fees schedule. The fees schedule is subject to change from time to time at NUBO’s sole discretion.
- 15. You agree that a ticket of entry may be used once only. Multiple entries on the same day may be permitted if NUBO, its employees, agents, officeholders and/or representatives is satisfied that there is a reasonable justification for it.
- 16. You agree that all tickets that You purchase to enter into NUBO Indoor Play Centre may not, without our prior written consent, be resold or offered for resale or used for any commercial gain or purpose.
- 17. In the event a ticket is purchased from NUBO and You no longer wish to use it, You may not apply for a refund but You may transfer the ticket to another person without any commercial gain or purpose. The person accepting Your ticket will be bound by the same terms and conditions.
- 18. When You make a booking with NUBO and/or enter into NUBO Indoor Play Centre, NUBO may collect Your personal information. You represent and warrant that any information you provide to us is true, accurate and up to date.
- 20. NUBO agrees not to disclose any personal information or have it make available to any third party other than to its employees, agents, officeholders and representatives to enable the performance of Recreational Services, unless otherwise consented by You.
- 21. You are aware that you may be photographed, filmed or recorded by NUBO, its employees, agents, officeholders and representatives for the purpose of marketing of NUBO Indoor Play Centre. NUBO agrees not to use those photographs, film, recordings or images and/or publish them on public domain except with Your prior approval (by whatever means).
- 22. It is disclosed that surveillance cameras are installed in NUBO Indoor Play Centre and are operated by NUBO for the safety and protection of individuals and properties. You are aware that you may be photographed, filmed, taped and/or subjected to monitoring by those cameras. You agree and consent to be photographed, filmed or taped by those cameras when you enter into NUBO Indoor Play Centre. NUBO may at its sole discretion use any photographs, film, recordings or images obtained and produced from those cameras without compensation.
- 23. You are aware that other Customers being amateur photographers may be taking photos, film, recordings or videos in NUBO Indoor Play Centre. You are also aware that such Customers will not be restricted from taking photos, film or videos unless:
- a. They are causing annoyance or inconvenience to You;
- b. The photographs, film, recordings or images are to be sold for commercial gain; or
- c. You did not provide consent to being photographed, filmed or recorded by them and You have expressly given your opinion that you do not consent to being photographed, filmed or recorded.
- 24. You acknowledge and are aware that logos, ticketing system and facilities of NUBO Indoor Play Centre are intellectual properties of NUBO and NUBO’s licensors and are protected by copy and other intellectual property rights (referred to as ‘Proprietary Content’ in the following clauses under ‘Intellectual Property’).
- 25. You agree that you will not use such Proprietary Content, information or materials other than for the performance of Recreational Activities or in any manner that is infringes the intellectual property rights of NUBO or of a third party. No portion of such Proprietary Content may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan sell, distribute or create derivative works based on such Proprietary Content in any manner, and You shall not exploit such Proprietary Content in any unauthorised way whatsoever.
- 26. You agree not to use such Proprietary Content to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any party, and NUBO is not to be held responsible for such use by You.
- 27. These terms and conditions is effective until terminated. Upon termination of these terms and conditions, You shall cease enjoyment of any Recreational Services and performance of any Recreational Activities immediately.
- 28. These terms and conditions constitute the entire agreement between You and NUBO with respect to its subject matter. They set out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter.
- 29. In the event any provision of these terms and conditions is prohibited or unenforceable in the applicable jurisdiction, they will be deemed ineffective to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these terms and conditions.
- 30. These terms and conditions shall be governed by laws applicable in the state of New South Wales.
- 31. If any dispute arises between NUBO and You, the laws of New South Wales will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, and waive any right that you may have to object to an action being brought in those courts.
Conditions of Entry
Care & Supervision
- 1. NUBO is a recreational service provider only. Caring services will not be provided by NUBO, its employees or agents in any circumstances.
- 2. Children must be accompanied and supervised by an adult who is at least 18 years and is capable of providing reasonable supervision and care to children.
- 3. NUBO’s recommended maximum adult/carer to children ratio is 1 adult/carer to 4 children (unless alternate arrangements are made with NUBO).
- 4. The accompanying adult/carer is responsible for the safety of their children and must not leave their children unattended in the premises at any time, even if their children are attending classes provided by NUBO.
- 5. Staff Areas are public prohibited areas. No entry will be granted to the public in any circumstances unless authorised by NUBO.
- 6. In the unlikely event of an emergency, the accompanying adult/carer must, and ensure that children in their care must, follow instructions given by NUBO, its employees and agents.
Health & Safety
- 7. Shoes must be taken off prior to entry into the play areas. Socks must be worn at all times. These rules apply to both adults/carers and children.
- 8. Children should wear comfortable and stretchy clothing when using the facilities. NUBO, its employees or agents may refuse children wearing items of clothing susceptible to risk (such as long skirts or clothing with sharp items) from using the facilities. No refund will be issued.
- 9. Children must play in their age and height appropriate areas under the supervision of their accompanying adult/carer.
- 10. Rules and signs exhibited throughout the premises must be complied with strictly at all times. The accompanying adult/carer must monitor their children and ensure that such rules and signs are being complied with.
- 11. Nappies must be changed in the facilities provided.
- 12. In case of injury, sickness or noxiousness, the accompanying adult/carer and their children must leave the premises and seek medical assistance immediately. No refund will be issued.
- 13. For the health and safety of other children, NUBO may request children who are suffering from any form of illness and the accompanying adult/carer to leave the premises. No refund will be issued.
- 14. Bullying, offensive language, rough play or intentional causing of damage to the premises by any person in the premises will not be tolerated. NUBO, its employees or agents may request persons involved in such behaviours to leave the premises immediately without warning. No refund will be issued.
- 15. Please notify us immediately if an area requires cleaning or sanitisation.
- 16. For the health and enjoyment of children, smoking is not permitted within or around the premises.
Rights & Indemnities
- 17. Use of equipment is at own risk. The accompanying adult/carer agrees not to hold NUBO, its officers, employees or agents liable against any claims, actions, suits, demands, costs and/or expenses (including legal costs and expenses) arising out of the use of equipment caused by negligence of that accompanying adult/carer or that of a child in their care, or by negligence of any person whatsoever.
- 18. NUBO reserves all right and may refuse entry of any person into the premises at their sole discretion.
- 19. Personal belongings may be placed in the unsecured storage area at own risk. NUBO, its employees or agents should not be held liable for any lost or stolen items placed within the premises.
- 20. The accompanying adult/carer agrees to indemnify NUBO, its employees and agents against any loss or liability, cost, expense or damage arising from or in relation to the entry of themselves and of any children in their care.
Party Rooms & Dietary Requirements
- 21. Party Rooms are reserved for private functions listed in NUBO’s database only. No person can enter into the Party Rooms unless that person is an attendee or host of such private functions. Please refer to “Party Reservations” for further information.
- 22. Outside food and drinks are not allowed in the premises, except baby food, formulas and birthday party cakes (for reserved private functions only).
- 23. Nuts must not be consumed in the Nut Free Zone in the Café or Cooking Station.
Fees & Parking
- 24. Entry into the premises is permitted during business hours only. Please refer to the “Fees and Opening Hours” for further information.
- 25. Cars may be parked in the unrestricted car park at own risk. This car park is shared with other tenants and users of the Sydney Corporate Park.