These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 14 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 14 years of age.
License to use website
Unless otherwise stated, Optimus Gaming Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Optimus Gaming Pty Ltd express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Optimus Gaming Pty Ltd express written consent.
Access to certain areas of this website is restrictedOptimus Gaming Pty Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at Optimus Gaming Pty Ltd discretion.
If Optimus Gaming Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Optimus Gaming Pty Ltd may disable your user ID and password in Optimus Gaming Pty Ltd sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Optimus Gaming Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Optimus Gaming Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Optimus Gaming Pty Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Optimus Gaming Pty Ltd. reserves the right to edit or remove any material submitted to this website, or stored on Optimus Gaming Pty Ltd servers, or hosted or published upon this website.
Notwithstanding Optimus Gaming Pty Ltd rights under these terms and conditions in relation to user content, Optimus Gaming Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Optimus Gaming Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Optimus Gaming Pty Ltd does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Optimus Gaming Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Optimus Gaming Pty Ltd has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Optimus Gaming Pty Ltd liability in respect of any:
death or personal injury caused by Optimus Gaming Pty Ltd negligence;f
raud or fraudulent misrepresentation on the part of Optimus Gaming Pty Ltd; or
matter which it would be illegal or unlawful for Optimus Gaming Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Optimus Gaming Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Optimus Gaming Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Optimus Gaming Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Optimus Gaming Pty Ltd.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Optimus Gaming Pty Ltd and undertake to keep Optimus Gaming Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Optimus Gaming Pty Ltd to a third party in settlement of a claim or dispute on the advice of Optimus Gaming Pty Ltd legal advisers) incurred or suffered by Optimus Gaming Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Optimus Gaming Pty Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, Optimus Gaming Pty Ltd may take such action as Optimus Gaming Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Optimus Gaming Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Optimus Gaming Pty Ltd may transfer, sub-contract or otherwise deal with Optimus Gaming Pty Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, constitute the entire agreement between you and Optimus Gaming Pty Ltd in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Western Australia.
1. Optimus Gaming Pty Ltd ( ACN 610 339 949 ), as the supplier of virtual reality simulation services, sells all tickets and supplies all virtual reality simulation services and facilities to you (the customer) including, but not limited to gaming, simulation walk throughs, training exercises, use of motion capture and tracking technology, use of wearable computing technology, use of wireless controllers, use of haptic feedback technology, use of head mounted virtual reality displays, use of free roam untethered virtual reality simulation technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and the presence of people and objects therein, the surrounding areas and any other associated activities, hereby known as the simulation activities in the Optimus Gaming PTY LTD venue subject to the following conditions:
1.1. By purchasing a ticket for or by using any of the facilities at any Optimus Gaming PTY LTD venue, the customer agrees to be bound by these conditions.
1.2. Optimus Gaming PTY LTD, its employees, directors and agents are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer because the simulation activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Optimus Gaming PTY LTD.
1.3. The customer acknowledges that the simulation activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue Optimus Gaming PTY LTD for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
1.4. RISK WARNING: The use of tracking spaces, head mounted virtual reality displays, free roam untethered virtual reality simulation technology and equipment or any other equipment and technology at any Optimus Gaming PTY LTD venue involves a significant risk of Customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such simulation activities do so at their own risk.
1.5. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1987: Under the Australian Consumer Law (Western Australia), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier. The supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 1987 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (paragraphs 1.2 and 1.3).
1.6. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
1.7. The customer agrees to pay the cost of and authorises Optimus Gaming PTY LTD to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
1.8. Customers less than 16 years of age must be accompanied by a responsible adult to use the facilities at any Optimus Gaming PTY LTD venue. Where you are accompanying such children you agree to be bound by these conditions on their behalf.
1.9. Customers agree they are in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted to use tracking spaces, head mounted virtual reality displays, free roam untethered virtual reality simulation technology and equipment or any other equipment. If in doubt, please seek medical advice.
1.10. While in any Optimus Gaming PTY LTD venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
1.11. The customer and all Customers must comply with all signs or other directions of Optimus Gaming PTY LTD and it may suspend or cancel the customer’s and a participant’s access to simulation activities at any Optimus Gaming PTY LTD venue in its absolute discretion for noncompliance with these conditions, or for reckless or careless conduct.
1.12. If you purchase a ticket for the use of the tracking spaces, head mounted virtual reality displays, free roam untethered virtual reality simulation technology and equipment or any other equipment or facilities at any Optimus Gaming PTY LTD venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.