Terms and Conditions
Welcome to Firefly Zipline [ABN 43651402710] and https://www.fireflyzip.com.au/, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of VIC and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing email@example.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening or abusive content;
- any content that breaches the rights of a third party (eg which is defamatory)
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
- our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
- our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at firstname.lastname@example.org if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
This Agreement is governed by the laws in VIC, Australia and the parties submit to the jurisdiction of the courts of VIC, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Puff Global Pty Ltd t/as Firefly Zipline [ABN 43651402710] and includes any of our directors, officers, employees, agents, partners and contractors.
ADDITIONAL TERMS FOR ACTIVITIES
By making your booking you understand and agree to these Terms of Activities, and you are agreeing to be bound by the Terms of Activities; if you do not agree, you cannot purchase a ticket. We reserve the right to change this Terms for Activities without prior notice or approval from you. By continuing to use or access our Website and Services, you are accepting those changes. If you do not agree to the varied terms, you may immediately cease any further use of our Website and Services.
You agree to provide current, complete, and accurate information to us, and promptly inform us of any updates to your information.
PRICES AND DESCRIPTIONS ON OUR WEBSITE
All our prices are in Australian dollars (‘AUD’), and we may change prices for Activities without notice to you. We may discount or offer free tickets to Activities from time to time. We may also discontinue any un-booked Activities at any time or change our range of Activities at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Activities.
The descriptions of Activities may also change without notice to you. There may on occasion be errors or omissions in event descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions, or change and update information or cancel Activities if information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the Activities or warrant that they will meet your expectations.
BOOKINGS AND PAYMENTS
All bookings for Activities can be made online via our Website, or on the day at the event provided we have availability by completing the Booking From.
Bookings are not confirmed until the payment is made in full and received by us prior to the Activity.
Ticket prices are inclusive of GST and all purchases are charged in Australian dollars. We are not liable for any currency conversion fees or other fees that may be charged by your financial institution.
All participants above the age of 18 must sign a mandatory online Waiver Form at the time of making the online booking. Guardians of all participants below the age of 18 must come in person to the site on the day of the event and sign the mandatory Waiver Form on behalf of the participants. After completing your purchase online, you must print the original ticket and present it on the day of the event along with your photo ID. You must comply with our requests if we require further verification.
All sales are non-transferable and non-refundable unless otherwise stated in this Agreement.
Your personal information
By registering for an Activity, you agree to provide us with various personal information including, but not limited to, your name, age, weight, Medical Conditions or health information and any other information as required (“information”). You represent and warrant that:
- all information you provide is true, correct, current and up-to date; and
- you will respond promptly to any of our requests for further information.
You must arrive at least 5 minutes prior to the commencement of the Activity to enable us to conduct the check-in process.
You must conduct yourself appropriately at our Activities, comply with these terms and conditions and comply with all safety guidelines and instructions communicated to you on the day.
You must be able to clearly understand verbal or written instructions in English.
You must attend the Activity for the whole duration. If you do not attend the Activity or leave the Activity early, you will not be entitled to a refund. We may at our sole discretion ban you from future Activities.
You are solely responsible for your personal belongings that you bring to the site with you on the day of the event.
CONDUCT RULES/CONDITIONS OF ENTRY
If you engage in any of the following conduct, we may, at our sole discretion prohibit your entry or remove you from our Activities. Conduct Rules include:
- any inappropriate or offensive conduct including, but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive;
- any illegal or immoral conduct;
- you are under the influence of alcohol or drugs; and
- any unsafe conduct or conduct that may jeopardize the safety of other participants, staff, the site or equipment.
- · If you consider that someone is breaching the Conduct Rules, please notify our staff immediately so that we can address the issue.
TO PARTICIPATE IN THE ACTIVITIES ALL PARTICIPANTS MUST: be in good health and free from any Medical Conditions listed below or any other conditions that may increase the risk of harm or injury by participation in the Activities;
- not be pregnant;
- be of weight between 35 - 120kg;
- be accompanied in the Activity by a paying supervising adult if the participant is under the age of 16;
- sign the mandatory Waiver Form, and if the participant is under 18 years of age, his/her guardian must come in person to the event to provide consent to participate in the Activity and sign the Waiver Form on his/her behalf;
- demonstrate clear understanding of the safety instructions;
- wear flat, enclosed and well-attached footwear;
- comply with requests to tie back long hair if instructed to;
- not be intoxicated or under the influence of drugs; and
- agree to comply with any and all instructions from our staff and instructors.
Having certain Medical Conditions may not prevent you from participating in our Activities. However, due to the inherent risks involved in the Activities, we strongly recommend that you obtain professional medical advice if you have any Medical Conditions or any health concerns, prior to booking and participating in any Activity.
Medical Conditions include, but not limited to:
- High or low blood pressure;
- Heart conditions;
- Panic attacks and anxiety;
- Muscular injuries including sprains and strains;
- Back injuries or back pain;
- Bone disorders;
- Fragile skin;
- Cosmetic implants;
- Neurological disorders*; and
- Disabilities or physical impairment*.
*Please refer to the Accessibility page on our site for all the information about how we are maximising accessibility for this event.
You must declare all your Medical Conditions and health concerns prior to participating in our Activities.
We reserve the right to deny you access to participate in the Activities if we are not reasonably satisfied of your physical ability to participate in the Activities.
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for changes of mind, where you are late, where you fail to provide us with adequate information, where you didn’t attend the Activity for the whole duration, where you fail to comply with our instructions, you can no longer attend for any reasons including if you are sick, or if you are in breach of this Agreement.
We do not provide refunds except as required under the Australian Consumer Law. If you cancel within 24 hours, we will not provide a refund. We may, however, be able to reschedule your Activity. Any rescheduled Activities are at our sole discretion and are subject to availability and participant numbers.
Despite our reasonable endeavours, on occasion we may need to change venues, times or dates at short notice or even cancel an Activity. We will notify you as soon as possible of any Activity changes. In these circumstances we may offer to reschedule the Activity, transfer to another Activity if the new venue, time, or date is convenient for you or refund your payment where appropriate.
Firefly Zipline is a temporary zipline Activity. The Activity location is subject to change based on the Activity. The current Activity will occur in Melbourne throughout the month of December 2021 and the zipline will take participants from the back of Federation Square over the Yarra River finishing in Alexandra Gardens. Participants will be required to walk back over Princes Bridge to return to the start point and collect their belongings.
Our Activities go ahead in any weather except for electrical storms or fire events. In the event of electrical storms, or fire events, we will cease the Activity operations and attempt to reschedule or refund where appropriate. In the week leading up to the event, we will monitor the weather forecast and advise you of any planned rescheduling. and discuss options of rescheduling where required.
If the event cannot be rescheduled, we will refund the amount paid.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where there is a major change with the Activity, such as where there is a date change, a change in venue is much further away, or it is cancelled.
If we fail to meet a consumer guarantee, please notify us at email@example.com. You will have the right to have the Fee refunded if it doesn’t meet a consumer guarantee. Except as required by law we do we do not warrant the quality of the Activities and we do not warrant that the Activities will meet your expectations.
You permit us to photograph and/or video the Activity and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide Services to you or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately demand that you leave the Activity and ban your purchase of any tickets. We can also stop offering our Activity at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Activities.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from including, but not limited to, any errors or omissions, Website content, changes to, or discontinued Activities, changes to the venue, dates, and times.
To the full extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
- the supply of equivalent services. E.g., a ticket at an alternative Activity; or
- the payment of the cost of your ticket to the Activity.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Activity you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to, the conduct rules, where you provide incorrect personal or health information and where you failed to disclose Medical Conditions or health information.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of Victoria, Australia, and you and we submit to the jurisdiction of the courts of Victoria, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Activities and other terms and conditions on our Website, these Terms for Activities prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
“Activity” means any zipline activity made available to you from time to time on our Website.
“Booking Form” means the online form required to be completed by you when booking our Services via our Website.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Fee” means, payment applicable for Activities booked by you.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“Our Representatives” means any of our employees, agents, contractors or subcontractors.
“Waiver Form” means the form you or your guardian is required to sign acknowledging inherent risks involved in undertaking the Activities.
“We, us, or our” means Puff Global Pty Ltd [ABN 43651402710] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
“Website and Services” means www.fireflyzipline.com.au and everything available on this Website including, but not limited to, all products and services.