Privacy Policy
AMAZING MISS DEB TERMS AND CONDITIONS
Welcome to our Website. In these terms and conditions, “we” “us” and “our” refers to HYDER, DEBBIE MICHELLE t/as AMAZING MISS DEB and AMAZING XR (ABN 32 353 992 735) (“AMD”). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
These Terms and Conditions apply to all Services provided to you by AMD. By browsing our website or booking our services with AMD you agree to be bound by the following terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Definitions
AMD refers to HYDER, DEBBIE MICHELLE t/as AMAZING MISS DEB and AMAZING XR (ABN32 353 992 735) and includes references to “we”, “us” and “our”.
Services means the Amazing Miss Deb, Amazing VR and Amazing XR services or other services provided by AMD from time to time as updated on their website.
Copyright means:
(i) any copyright under the Copyright Act 1968 (Cth);
(ii) any copyright under the law of a country other than Australia; and
(iii) rights in the nature of, or analogous to, the rights in 1.1(a)(i) and 1.1(a)(ii) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
Customer means any customer of AMD who uses AMD’s website and/or requests the AMD Services and includes references to “you” or “your”.
Force Majeure and Force Majeure Event have the meanings provided at clause 62.
GST means the term as defined in the A New Tax System (Goods and Services Tax) Act 1999.
Intellectual Property includes trade marks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the
former.
Patron means an end customer or client of the Customer, including where applicable, students, volunteers, parents and children.
Fee means the fees paid for the Services including any packages and bookings which can be located on our Website or as quoted by AMD.
VR means Virtual Reality as incorporated into the Services.
Website means our AMD website located at www.amazingmissdeb.com
AMD WEBSITE ACCESS TERMS
Our AMD Website
1. You must be over the age of eighteen (18) years to browse and order the Services from our website. By proceeding to browse through our website and use the AMD Services, you acknowledge that you are over 18 years of age.
2. All Fees are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our Fees is current. Our Fees, including our current Fees, are quoted upon making an enquiry for a booking. If you have made an enquiry or booked a lesson and our Fees are amended prior to the order being placed we reserve the right to cancel your order.
3. We reserve the right to change, modify, add or remove portions of our site at any time. You agree that is it your responsibility to ensure you are aware of any changes to our site. We will use our best endeavours to highlight significant or substantive changes where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance of these terms.
Website Service Descriptions
4. We strive to ensure that our AMD Services are described as accurately as possible on our website and booking page, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
5. Images on our website have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will
accurately reflect or portray the Services depicted.
Website Disclaimers
6. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
7. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
8. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Site Access
9. When you visit our website, we give you a limited licence to access and use our information for personal use.
10. You are not permitted to download any web content or videos provided via the AMD Website. Your use of our content in any other way infringes our Intellectual Property Rights.
11. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without AMD’s prior written permission.
12. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
13. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only. We take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
14. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any Intellectual Property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
AMD SERVICE TERMS
AMD’s Services
15. Customers can book the Services as listed on the AMD website. AMD may update their Services, including removing or adding new Services from time to time, modifying fees or modifying any Service terms without prior notice to the Customer. Customers will be notified if there are any significant changes which may impact their existing bookings or routines.
16. Services are as listed on the AMD website and AMD reserves the right to update, amend or remove Services without notice to the Customer.
17. All Services are subject to AMD availability, the Customer may select a date and time from select available dates when booking the Services
18. It is the Customer’s responsibility to ensure Services are booked in advance and with sufficient timing to allow AMD to prepare and provide the Services. Advance booking times may vary, and the following minimum booking periods are required:
• 7 days prior to local Services located within Darwin, Northern Territory;
• 2 months prior to any out of state Services or tours.
19. AMD takes no responsible for managing and ensuring booked Services can be provided prior to the booked date as advised by AMD.
20. Once booked, all Services are non-transferable and can only be used by the Client’(s) named on the booking.
21. The Customer acknowledges that the AMD Services will be provided to Patrons who are under the age of 18. The Customer is responsible for ensuring that parent Patrons attend to supervision of all children, and any under-age Patrons and ensuring the facility or venue provides adequate safety measures for children.
22. To provide the AMD Services, we must collect the following information from you before we can proceed with confirming a booking for the Services:
(a) Customers full name, or if a Company, listed name and ABN;
(b) Contract phone number with area code;
(c) Customer Address;
(d) Email address;
(e) Requested Booking date;
(f) Booking Venue Name and address;
This information is collected to allow AMD to provide and tailor the AMD Services to you.
Service Delivery
23. A Service is deemed delivered once AMD has attended the Customer’s premises and provided the Services to the Customer
24. In-person Services for AMD or the VR Services are performed at the venue of choosing of the Customer. It is the responsibility of the Customer to ensure that there is adequate space to perform the Services and that the premises is suitable and safe for AMD’s employees or agents. The Customer must notify AMD when making a booking if there are any circumstances which may affect the delivery of the Services or the safety of the AMD, the Customer or any of the Customer’s Patron. Customers accept full responsibility for any injury, damage or loss suffered by AMD or the Customer’s Patrons due to a Customer’s failure to alert AMD to any danger in compliance with this clause.
25. Where the Customer request VR Services, the Customer must provide internet access to AMD to allow them to provide the Services.
26. Customer’s must communicate any specific needs or request at the time of booking a Service.
VR Services
27. The Customer warrants and understands that there are inherent risks in the VR Services prior to making a booking. Such risks include, but are not limited to:
• Illness or injury from participation in physical activities;
• Motion sickness and eye strain;
• Bright, sudden moving or flashing lights, particularly for individuals with epilepsy;
• Nausea; and
• Overstimulation in individuals with hypersensitivity.
The Customer understands that they accept and provide the Services to the Customer’s Patrons at the Customer’s risk and that all Patrons must freely and voluntarily participate in the Services at their own risk.
28. The Customer must obtain all Patrons express consents and approvals, including any parental consents for Patrons under 18 years of age, prior to AMD providing the VR Services. It is the responsibility of the Customer to ensure that all Patrons are advised of all risks advised in clause 24 above and that Patrons have provided all necessaries waivers or consents.
29. AMD require each participant in the VR Services sign a VR waiver and release of liability. The Customer must ensure that each Patron who participates in the VR Services, including parents of under-age Patrons, signs and completes the VR waiver and release form.
30. To the maximum extent permissible by law, AMD accepts no liability for any damage, illness, injury or death to a Patron, including for any risk advised in clause 24 above.
31. Whilst AMD takes all reasonable precautions to ensure the VR technology is in working order, AMD is unable to account for all faults, crashes or errors in the technology. AMD accept no liability for any fault, crash or error that occurs to the VR technology during provision of the Services.
32. All VR Services are owned by or licensed to AMD. Nothing in this Agreement grants to the Customer any rights to ownership over the VR material or technology.
Amazing VR Safety Rules
33. It is a strict requirement that each Customer comply with, and require each of its Patron’s be informed of an comply with AMD’s safety rules as below:
(a) All Patrons must stay within the virtual “guardian” (a visual grid barrier) at all times;
(b) All Patrons must move their body and arms slowly within the playing arena;
(c) All Patrons must stay on their feet in the playing arena;
(d) Patron’s must monitor their health and pause or stop if they become unwell;
(e) Patron’s must not participate if they have epilepsy.
AMD will supply the Customer with a copy of the safety rules which must be made available to and shown to each Patron who receives the Services.
Payment and expenses
34. All Fees for our Servies are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our Fee at any time.
35. All payments must be made by either cash payment, credit card or bank transfer.
36. All payments are quoted by AMD upon booking by a Customer and invoiced to the Customer proforma upon confirmation of acceptance of a quote for the Services.
37. AMD reserves the right to charge for all costs and expenses incurred in performing the Services, including travelling expenses (such as public transport or flights), photocopying, courier services, postage etc. All expenses shall be specified in an invoice to the Customer.
38. While AMD use best endeavours to ensure all quotes and Fees are correct and up to date, the Customer agrees that AMD is not liable for any loss or damage resulting from any error or omission contained in the Fees.
39. All purchase and bookings are subject to approval by the AMD. AMD makes no warranties to a Customer that their booking will be accepted by AMD and disclaims any liability for any loss or damage that results from their booking being rejected.
40. Payment in full of the Fee is required prior to AMD confirming any booking and providing its Services. AMD reserves the right to agree to vary it’s payment terms at AMD’s full discretion.
41. A tax invoice for the Fee, including any applicable GST will be issued for this Service upon confirmation of booking for the deposit and upon delivery of the Services. Tax invoices are payable within seven (7) days of receipt by the Customer. All deposits are non-refundable.
42. We undertake to accept or reject a booking within seven (7) days. If we have not responded to you within seven (7) days, your booking is deemed to be rejected. We are not required to give reasons for rejecting your booking however the most likely reason for rejecting your booking is due to unavailability of the booking or Service.
43. If you have placed a booking and the Service or time is no longer available, we reserve the right to cancel your booking.
Cancellations and Refunds
44. In the event that a Customer must cancel a booking, the Customer must notify AMD:
• at least fourteen (14) business days prior to a standard booking; or
• at least thirty (30) days prior to any interstate bookings or tours
provided that reasonable notice is given AMD will use its best endeavours to arrange a suitable replacement booking with the Customer in the event of a cancellation. The Fee is non-refundable in the event that any cancellations that are made within the dates above
45. In the event that due to unavailability of AMD or external circumstances for the Customer that rescheduling is not possible following cancellation of a booking, AMD may at its discretion issue a credit for future sessions.
46. To the maximum extent permitted by law AMD’s Fees for its Services are non-refundable once the purchase has been finalised and Services delivered. Nothing in this clause is intended to affect any right to a refund under Australian Consumer Law.
GENERAL TERMS
AMD’s Intellectual Property Rights
47. The copyright to all content on this website operated by AMD including graphics, videos, images, layouts and text belongs to us or we have a licence to use those materials.
48. All trade marks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
49. All content provided by AMD, including any videos, pdfs and other documents are licensed to you for your use only and you are not permitted to redistribute or re-use any AMD content.
50. All material in the VR Services, including technology games or other media, is either owned by AMD or licensed to AMD, the Customer must not use any VR material without AMD’s written permission,
51. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through our website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
52. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
53. By participating in our Services you acknowledge that your image, likeness, photos, videos and audio recording of you and your premises may be captured by AMD and used for marketing purposes. You grant AMD a license to use such material for any marketing services in association with its Services and Website and hereby release AMD from all claims relating to such use. You may notify AMD at the time of Booking or anytime during and after completion of the Services if you would like us to cease use of any image or video containing your likeness.
Disclaimers and Warranties
54. AMD warrants that they are fully qualified to provide the Services to the Customer.
55. AMD will comply with all relevant work, health, safety and welfare standards and regulations required by the Customer or as prescribed by legislation.
56. AMD provide no warranty either express or implied, including without limitation warranties of merchantability or fitness for purpose of the Services.
57. While AMD use all reasonable efforts to ensure all payment processing software or methods are used securely, AMD will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a Customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than AMD.
58. The Customer warrants that:
(a) That they have obtained all necessary Patron consents to participate in the Services;
(b) That they have provided all information required by AMD to allow them to provide the Services; and
(c) That they have made available such facilities as AMD reasonably requires to provide the Services and have made all reasonable efforts to ensure the facilities are fit for purpose.
Limitation of Liability
59. To the maximum extent permitted by law, AMD and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or
corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, the Services, our Website, the Terms and Conditions, or the use of this site by you or any other person. 60. To the fullest extent permitted by law, AMD is not liable to any Customer for any consequential loss.
61. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
62. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services we have supplied.
63. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those services to you, if they are defective then:-
63.1. Provide again or rectify any services or part of them that are defective; or
63.2. Wholly or partly recompense you if they are defective.
64. To the maximum extent permitted by law, AMD’s liability for any breach of Schedule 2 of the C&C Act is limited to; the supplying of the services again; the replacement of the goods; the payment of having the goods or services supplied to you again.
65. If you are a consumer within the meaning of the C&C Act this clause has no effect whatsoever. If you are not a consumer within the meaning of Schedule 2 of the C&C Act this clause applies to you. If you are not a consumer: 65.1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
Indemnity
66. Customer’s Indemnity: By accessing our website or booking our Servies, each Customer agrees to indemnify and hold AMD harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or the AMD Services in addition to any additional indemnities contained in these terms and
conditions. 66.1. Third Party Intellectual Property claim Indemnity: By accessing our website and using our AMD Services a Customer agrees to indemnify and hold AMD harmless from all claims by third parties arising from use of the AMD Services which violates or infringes the Intellectual Property Rights or privacy of any third party.
66.2. AMD Services Indemnity: To the maximum extent permitted by law the Customer hereby indemnifies and agrees that AMD will not be liable to any Customer for:
i. any damage, loss, reduction in value or depreciation caused to any personal property of the Customer during provision of any AMD Services including during tours or VR Services;
ii. any damage, injury or illness sustained by an instructor or employee of AMD that is sustained due to a risk or danger that was not advised to AMD before booking of any Service;
iii. any damage, loss or theft of any equipment caused by a Customer or Patron during provision of the AMD Services;
iv. any damage, injury or illness sustained by the Customer or Patron in participation of the AMD Services;
v. Any delays or disruption in delivery of the Services arising from a Force Majeure Event.
Force Majeure
67. “Force Majeure” means means an event beyond the control of the Parties including, but not limited to (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or
transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party. (a “Force Majeure Event”). 68. If a Force Majeure event causing delay continues for more than seven (7) days, AMD may terminate the Services by giving at least seven (7) days notice to the affected Customer. AMD accept no liability to a Customer for any Services that are terminated due to a Force Majeure Event.
Notice
69. Any notices or other communications between AMD and the Customer will be provided electronically and given via email, the AMD website or messaging service such as SMS.
Severability
70. If any provision of these terms and services are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and services and remainder of the provision in question will not be affected.
Jurisdiction
71. These terms and conditions are to be governed by and construed in accordance with the laws of Northern Territory and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Northern Territory and you agree to submit to the jurisdiction of those Courts.
72. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
PRIVACY
73. AMD treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
74. We undertake to take all due care with any information which you may provide to us when accessing our website or engaging our Services. However, we do not warrant and cannot
ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. 75. You may click-through to a third-party link from this website, in which case we recommend to refer to the Privacy statement of any website you visit. This Privacy clause applied to this Website and we assume no responsibility for the content of any third-party website.
76. We are required to obtain personal information from you, including contact information such as address and email address to provide the AMD Services. Personal information collected from you will only be used to manage bookings and deliver the Services.
77. As part of Our Services we may film or take videos containing your or a Patron’s likeness. It is the responsibility of the Customer to notify Patron’s and obtain any necessary Patron consents. Customers and Patron’s may provide their consent to AMD to upload videos or photographs containing the Customers likeness on AMD’s social media when making a booking.
78. AMD do not share Customer personal information with any third party unless required by law.
79. In the event that a Customer requires more information about the way we manage your personal information, would like express a concern about their privacy or would like to request that we delete any personal data held by us, please email us at deb@amazingmissdeb.com
By proceeding with a booking, you confirm that you have read, understood, and agreed to these terms and conditions. For any inquiries or assistance, please contact us at deb@amazingmissdeb.com