Terms & Conditions

TICKETS & GIFT CERTIFICATES

1. All Zip+Climb tickets and gift cards must be paid for at the time of booking. Tickets can be purchased through www.zipclimb.com.au by using a credit or debit card. Bookings are securely preceded utilising the Rezdy booking platform. Bookings may be made in person at the Zip+Climb office in Burswood Park or from authorised resellers. Any discount voucher must be presented at the time of purchase. Concession ID must be presented to validate any concession ticket purchased at the time of purchase and/or before the Zip+Climb.
2. The price for a Zip+Climb is displayed in Australian dollars (AUD) inclusive of any Australian GST payable. Transaction, postage, and handling costs are in addition to those prices and will be displayed prior to you being required to confirm your order (if applicable). Prices for Zip+Climb are subject to change without notice.
3. A Zip+Climb ticket is non-refundable and specific to the Zip+Climb date and time as stated on your ticket. Zip+Climb tickets are non-transferable except with PBCZ’s prior consent. Lost, damaged or stolen Zip+Climb tickets may be replaced by PBCZ subject to the provision of photo identification to PBCZ’s reasonable satisfaction.
4. Zip+Climb tickets or gift cards must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without PBCZ’s prior written consent.
5. Tickets purchased cannot be changed less than 7 days before the scheduled time for the Zip+Climb. Any change to the ticket purchased is subject to availability and the discretion of PBCZ.
6. Gift cards are valid for 36 months from the date of purchase and are non-refundable. PBCZ is entitled to suspend or discontinue offering Zip+Climb at any time, and any gift card may be used towards a substitute product or service to the same value.

CANCELLATIONS AND REFUNDS

Full refunds provided for cancellations outside 10 days of activity booking.

Cancellations made between 2-10 days from the scheduled booking date will be entitled to a 50% refund or incur a $20 per person fee to reschedule.

Cancellations made within 0-2 days including no shows will forfeit the entire booking, with no refunds or rescheduling available.

From time to time, Zip+Climb may be required to cancel activities for a variety of reasons. 100% refund will be provided in these circumstances, or rescheduled free of charge.

We reserve the right to refuse entry and participation of our activities based on the above terms and conditions. Vaccination status related refunds are available for booked activities.  Vaccination status related refunds are not available on gift certificates (valid for 3 years)

PBCZ reserves the right to cancel or reschedule any Zip+Climb without notice in its absolute discretion, including for reasons of safety, security, due to restricted access or due to any matters out of the reasonable control of PBCZ. If a Zip+Climb is cancelled, your Zip+Climb will be rescheduled subject to availability or exchanged for a gift card. PBCZ reserves the right to vary operating hours and Zip+Climb times without notice.

PBCZ will not be liable for any loss or damage arising in connection with cancellation or rescheduling of any Zip+Climb (including travel or other out of pocket expenses).

ARRIVAL AND REGISTRATION

You must arrive at the Zip+Climb Centre in Burswood Park (200m south of the Camfield Hotel at the base of the eastern end of the Matagarup Bridge) register at the Zip+Climb Centre at least 15 minutes prior to the departure time of your Zip+Climb. If you arrive after the departure time, PBCZ reserves the right to refuse to allow you to climb, and subject to clause 9a), you will not be entitled to a refund. You must comply with any Conditions of Entry to the Burswood Park and Optus Stadium precincts as displayed or otherwise notified to you by PBCZ from time to time.

PARTICIPANT REQUIREMENTS

1. Each participant must hold a valid ticket for a Zip+Climb. Entry may be refused if the ticket is damaged or defaced in any way or not purchased from PBCZ or one of PBCZ’s authorised distributors. Should a dispute arise over the validity of a ticket, PBCZ reserves the right to refuse participation in a Zip+Climb unless you are able to show proof of your identity.
2. You must:
   • be 8 years of age or over
   • satisfy any height and/or weight requirements disclosed on the Zip+Climb website from time to time; and
   • be in good health (for the purposes of clause 4).
3. You may be required to undergo a test to assess whether you are capable of completing a Zip+Climb.
4. Children between the ages of 8 and 15 inclusive must be accompanied by a paying adult on a Zip+Climb, provided that each adult is accompanied by no more than three children.
5. PBCZ will perform a breath test on you and may observe you to ensure they are not under the influence of alcohol or drugs (legal or illegal). You will be refused participation in a Zip+Climb, without refund, if your blood alcohol concentration is 0.05% or greater, if you refuse to be breath tested or if PBCZ reasonably considers that you may be under the influence of drugs.
6. Smoking is not permitted during the Zip+Climb or within the Zip+Climb Centre or its immediate surrounds. Smoking is permitted at certain designated areas, as indicated by signage.

HEALTH AND SAFETY

1. PBCZ may, in its sole discretion, refuse to allow you to participate in a Zip+Climb (even if you believe you are able to safely participate), if in PBCZ’s reasonable opinion, the Zip+Climb or your participation in the Zip+Climb may adversely affect your safety, physical or psychological condition, or the safety of PBCZ directors, employees, agents and contractors (PBCZ Personnel) or other climbers. PBCZ will reimburse the price paid for a Zip+Climb if you are refused participation in a Zip+Climb for any reason other than by reason of breach of these T&Cs (including but not limited to point 2 below).
2. You will be required to complete a Zip+Climb Declaration & Disclaimer Form prior to being allowed to participate in the activities. If you are under 18, a Zip+Climb Declaration & Disclaimer Form must be signed on your behalf by a parent or legal guardian. PBCZ may refuse to allow you to participate in the Zip+Climb on the basis of a completed Zip+Climb Declaration & Disclaimer Form and/or may require evidence prior to the Zip+Climb that you have been cleared by a suitably qualified medical practitioner as fit to participate in the Zip+Climb (Medical Clearance).
3. If applicable, a Medical Clearance must be signed by the medical practitioner no more than 21 days prior to the date of the Zip+Climb Medical Clearance form prescribed by PBCZ from time to time on the day of the scheduled Zip+Climb or up to 7 days prior. Please consult the Zip+Climb  for a list of medical conditions for which a Medical Clearance will be required.

PARTICIPATION WITH ZIP+CLIMB

1. PBCZ will supply you with equipment for use during a Zip+Climb. Use of this equipment is mandatory.
2. You may take your own sun or prescription glasses on a Zip+Climb, at your own risk, provided that these glasses are securely attached using an appropriate glasses lanyard.
3. At PBCZ’s sole discretion, essential medications (e.g. asthma inhalers) may be taken on a Zip+Climb for you by PBCZ Personnel. However, neither PBCZ nor PBCZ personnel will be responsible for the medication or the administering thereof. You must not take part in the Zip+Climb if you reasonably expect that you will, or are likely to, require medication or the administration of medicines or medical assistance at any point during the Zip+Climb.
4. Other than as set out in clauses 5a) and 5b), you are not permitted to take any items on the Zip+Climb (including without limitation items such as cameras, mobile phones, handbags, or any personal items), and must remove any loose items ordinarily worn on the body (including rings, earrings and other jewellery). You will be provided with a locker for storage of any non-valuable personal belongings. You are advised not to bring items of value with you for storage in a locker, and PBCZ is not responsible for any damage, loss or theft of your personal property whilst at the PBCZ Centre, including from a locker provided to you for the duration of a Zip+Climb. To ensure that unauthorised items are not carried on the Zip+Climb, you may be required to submit to a metal detector test at PBCZ’s absolute discretion.
5. You must at all times during the Zip+Climb:
   • obey the directions and instructions of PBCZ personnel;
   • not act disruptively or disturb other climbers or interfere with a PBCZ personnel’s ability to conduct any part of the Zip+Climb in a safe and secure manner (including without limitation to make any jokes or flippant remarks about safety or security); and
   • not damage, deface or remove any part of the Matagarup Bridge, the Zipline or any of the equipment supplied for use on a Zip+Climb.
6. PBCZ retains the right to remove you from a Zip+Climb if you do not comply with these T&Cs, without refund.

PHOTOGRAPHS

1. Copies of photographs taken by PBCZ personnel during a Zip+Climb will be provided to you at no cost via the FotaFlow application. You acknowledge and agree that PBCZ is the owner of photographs taken during a Zip+Climb, and PBCZ retains all intellectual property rights in the photographs.
2. You acknowledge that PBCZ may, from time to time, fail to take adequate, suitable photographs for a given activity. In these situations, PBCZ are not responsible to provide compensation. PBCZ, at their absolute discretion, may provide stock images.
3. In providing photographs via FotaFLow, PBCZ grants to you a non-exclusive, perpetual, royalty-free licence to use or reproduce the photograph for private or domestic purposes only and otherwise with PBCZ’s prior written consent.
4. You consent to PBCZ photographing or otherwise taking audio and/or visual recordings of you during a Zip+Climb and using, reproducing, publishing or otherwise exploiting such photographs or recordings in any media for the purpose of PBCZ’s marketing and promotional activities (including without limitation, reports, media articles and promotion of future events in connection with Zip+Climb).
5. You understand that you may be identifiable in the photographs or recordings taken during a Zip+Climb. You will not receive any financial payment or other compensation for the rights granted to PBCZ. You waive all rights (if any) to inspect or approve the photographs or recordings or approve or control their use or disclosure by PBCZ in accordance with these T&Cs.

CANCELLATION

PBCZ reserves the right to cancel or reschedule any Zip+Climb without notice in its absolute discretion, including for reasons of safety, security, due to restricted access or due to any matters out of the reasonable control of PBCZ. If a Zip+Climb is cancelled, your Zip+Climb will be rescheduled subject to availability or exchanged for a gift card. PBCZ reserves the right to vary operating hours and Zip+Climb times without notice.

PBCZ will not be liable for any loss or damage arising in connection with cancellation or rescheduling of any Zip+Climb (including travel or other out of pocket expenses).

GST

1. Unless specified otherwise, any amount payable under these T&Cs is inclusive of GST.
2. Where any supply to be made by one party (Supplier) to another party (Recipient) under or in accordance with these T&Cs is subject to GST (other than a supply the consideration for which is specifically described in these T&Cs as ‘GST inclusive’):
   • the consideration payable or to be provided for that supply but for the application of this clause (GST Exclusive Consideration) shall be increased by, and the Recipient shall pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply (GST Amount); and
   • the Recipient must pay the GST Amount to the Supplier, without set-off, deduction or requirement for demand, at the earlier of the time that the GST Exclusive Consideration is payable or to be provided and the time that the Supplier has to pay the GST in respect of that supply.
3. Notwithstanding any other provision of these T&Cs, the Recipient need not make any payment for a taxable supply made by the Supplier under or in accordance with these T&Cs until the Supplier has given the Recipient a tax invoice in respect of that taxable supply. A word or expression used in this clause which is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning in this clause.

ZIP+CLIMB’S LIABILITY

1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on PBCZ are excluded under these T&Cs. If a supply under these T&Cs is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these T&Cs excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits PBCZ to limit its liability, then PBCZ’s liability shall be limited to:
   • in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
   • in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
2. You acknowledge that the Zip+Climb is a recreational activity that involves an element of risk, and PBCZ therefore cannot guarantee your health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions and mental harm or distress. You acknowledge that your health, ability and conduct will affect such risks. Subject to clause 9a), to the extent the Zip+Climb is a ‘recreational service’ within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), PBCZ and PBCZ personnel exclude all:
   • liability for death or personal injury in relation to supply of recreational services; and
   • express or implied warranties and conditions, including without limitation that the Zip+Climb will be provided with reasonable care and skill;
3. You waive, release and discharge PBCZ and PBCZ personnel from all liability for all claims or causes of action you may have (including for negligence) arising from any injury, loss or damage of any kind suffered by you including personal injury, illness or death and/or loss or damage to any property (to the extent permitted by law) arising out of or in any way in connection with your participation in the Zip+Climb.
4. You indemnify and will keep indemnified PBCZ and the PBCZ personnel against all costs, losses or damages arising out of or in any way in connection with your participation in the Zip+Climb, or a breach by you of these T&Cs.
5. Nothing in this clause limits or excludes the liability of PBCZ or the PBCZ personnel for any costs, losses, damages or expenses to the extent arising as a result of fraudulent or reckless conduct of PBCZ or the PBCZ personnel, nor any liability of PBCZ or the PBCZ personnel that cannot be excluded under applicable law.

PRIVACY COLLECTION STATEMENT

1. PBCZ will collect, disclose and otherwise handle your personal information, including any photographs or recordings taken during a Zip+Climb, in accordance with these T&Cs, PBCZ’s privacy policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth).
2. We may disclose your personal information to our agents, contractors and other third parties who provide services to PBCZ as necessary for these purposes, and as otherwise permitted or authorised by law. Generally, we do not transfer personal information outside of Australia. We may do so, however, if you have given your permission for this to occur or if we are otherwise legally entitled or required to do so.
3. If you believe we have breached our obligations under the Privacy Act 1988 (Cth), or if you have queries or concerns regarding the way in which PBCZ’s handles your personal information (including any photographs or recordings), please refer to PBCZ’s privacy policy at zipclimb.com.au or email info@zipclimb.com.au. Our privacy policy sets out how you may lodge a complaint with PBCZ and how we will handle your complaint. You may request access to the personal information which PBCZ holds about you by contacting our Privacy Officer. Generally, we will provide you with such access except in limited circumstances where refusal is permitted by law.

VARIATION

1. PBCZ may amend these T&Cs from time to time without notice to you. If you are precluded from participating in a Zip+Climb as a direct consequence of the variation to the T&Cs, PBCZ will refund the cost of your Zip+Climb ticket.
2. If you purchase tickets or a gift card for Zip+Climb prior to the actual commencement of Zip+Climb (expected to be 7 December 2020), you acknowledge and agree that variations to these T&Cs may affect your eligibility to participate in a Zip+Climb. In the event that a variation precludes you from participating in a Zip+Climb, clause 11a) will apply.

GENERAL

1. Except where these T&Cs expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these T&Cs.
2. Any indemnity or any obligation of confidence under these T&Cs is independent and survives termination of these T&Cs. Any other term by its nature intended to survive termination of these T&Cs survives termination.
3. Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these T&Cs.
4. A term or part of a term of these T&Cs that is illegal or unenforceable may be severed from these T&Cs and the remaining terms or parts of the terms continue in force.
5. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
6. These T&Cs are governed by the law of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.

WAIVER

1. All participants will be required to complete a waiver prior to activity.
2. Waiver will be sent to customer by email at the time of booking.