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TERMS AND CONDITIONS

Agreement

• These terms and conditions (“The Keys T&Cs”), together with our Privacy Policy and Code of Conduct apply to your use of The Keys Founding Membership of The Keys Preston Pty Ltd (“The Keys”, “we”, “our” or “us”) located at 1/188 Plenty Road Preston Victoria Australia and website located at www.thekeys.com.au (“Site”).

• By entering The Keys, purchasing any The Keys product, making a Booking or accessing or using the Site, you agree to these The Keys T&Cs, together with our Privacy Policy and Code of Conduct (collectively, the “Terms”). If you do not agree with the Terms, you must not access The Keys or browse or use the Site.

• We reserve all rights to alter the Terms at our discretion. Each time you use The Keys or the Site, it is your responsibility to ensure that you are aware of our current Terms as published on the Site. Your continued use of The Keys or Site following the publication of changes to these Terms is taken to be your acceptance of those changes.

• The Terms, as amended by us from time to time, continue to apply for as long as you use The Keys and/or Site or until terminated in accordance with the Terms.

• Definitions in these The Keys T&Cs are set out at the end.

The Keys Rules 

The features of The Keys include, but are not limited to, the following:

The Keys Bowling Alley;
The Keys Car Park;
The Keys Office
Workshops; and
Events.
(Collectively, the “The Keys Features”).

The Access Hours for The Keys will be made available on the Site when the venue opens.  We may alter the Access Hours from time-to-time, at our discretion.  This includes closure of The Keys for capacity considerations, private events and facility maintenance requirements.

 


We may limit access to some or all The Keys Features depending on the terms applying to the particular THE KEYS Product or Service you have purchased.  Such terms will be available at the time of purchase. 

THE KEYS is an inclusive space.  You must respect all people and all bodies in The Keys, and if it is found that you have verbally or physically made anyone feel uncomfortable, we have the right to request you leave the premises and to refuse entry at any time.

You must follow all instructions given to you by THE KEYS staff and you acknowledge that any failure to do so will be at your own risk and may cause injury.

You must not:

Use The Keys or any The Keys Feature other than for its intended purpose;
Obstruct or interfere with any of the entrances or common areas of The Keys;
Engage in any unsafe or dangerous behaviour;
Damage any of the baths, bathing equipment, furniture or any other property in The Keys.
Prior to use of any of The Keys Features, you must have been examined by a qualified medical practitioner within the past six months and have been found by such practitioner to be in good physical health and physically able to sustain a level of activity required to bowl
Certain The Keys Features (including Classes) may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. See the liability provisions below in the Liability clause. We are not liable for the security or loss of your property. We recommend that valuable items are left at home.
We will communicate with Members and Guests primarily via email. It is your responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.
Bringing illicit substances into The Keys is strictly prohibited. Bringing alcohol into The Keys is strictly prohibited unless authorised by us.  Members or Guests under the influence of alcohol or drugs may be refused entry to The Keys.
You must advise at time of making a Booking if you are suffering from or affected by any medical conditions that might be complicated or exacerbated by your use of The Keys Features, or which may necessitate increased supervision or a priority medical response, including:
Conditions involving high fever
Extreme hypertension
Malignant tumours and cancerous conditions
Liver, kidney and circulation disorders
Conditions presenting the high risk of haemorrhaging
Anaemic conditions
Congestive heart failure, recent stroke, or recent heart attack
Pregnancy
Diabetes.
Memberships

We offer a Founding Membership to The Keys and The Keys Features (“Membership Plans”). 
We may add or remove the Membership Plans we offer at any time.
To become a Member you must:
enter into a Membership Plan.
Details of your Membership, including Membership Amount and Start Date, will be provided in your individual Membership Plan, the start date will begin when the venue opens to the public.
Memberships cannot be shared or transferred and must only be used by the individual who has entered the relevant Membership Plan. Any Member found to be sharing their Membership will be denied entry to The Keys and may have their Membership cancelled.
The Games tokens may be shared 
We reserve the right to cancel Memberships for any reasons, including your breach of the Terms or if your behaviour in The Keys is impacting the experience of other Members, Guests or our staff.
Memberships may be purchased as a gift 
Memberships may only be purchased for people over the age of 18 at the time of the purchase, not at the time of the opening;
non-transferable.
We do not offer refunds, transfers, suspensions or extensions on the Founding Membership for change of mind, injury, illness, change of address or any other reason
We accept no responsibility if a Membership is lost, stolen, destroyed, or used without your permission. 

Suspension and Termination of Memberships

The Founding Membership Game Tokens will be valid for 12 months from the date of opening to the public

They can be used by used by others 
The Keys takes no responsibility for the use by others, of your Game Tokens  

Refunds

We do not offer refunds or credits on the Founding Membership 
We do not offer refunds or credits on Events for change of mind, injury, illness, change of address or any other reason. Event purchases are final.
Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the products or services again or payment of the cost of having the products or services supplied again.
To the maximum extent permitted by law, we will not provide you with a refund, or the ability to rebook The Keys Features purchased by you, where the Australian Consumer Law does not apply.
Legal Capacity

 

You must be 18 years of age or over to purchase a Membership 
You must not purchase a membership for any person under the age of 18 years 
You may use the features of the Keys and use Game Tokens if you are under the age of 18 years, but only under the accompaniment of a parent or guardian as defined by the Victorian Liquor and Gaming Commission (VCGLR) 
If you are under the age of 18 years (a “Minor”), you must immediately cease accessing and using The Keys. If you are found to be a Minor without this permission, we are entitled, at our absolute discretion, to cancel or terminate any THE KEYS Product purchases or Membership and refuse you entry into The Keys.
If you are under the age of 18 years you must be accompanied by a guardian at all times. All guardians are required to pay for The Keys entry and are responsible for children in their care at all times.
Entry into The Keys and any Membership is an acknowledgement by you that:
you are over the age of eighteen (18) years, or or will be supervised by a parent or guardian; and
you accept the Terms and agree that you have entered into a binding legal contract with us in relation to the Terms.

If you are a parent or guardian permitting a Minor to access and use the Site or The Keys, you agree to:
Exercise supervision over the Minor's use of the Site and The Keys;
Assume all risks associated with use of the Site and The Keys as outlined in the Terms;
Ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
Assume all liabilities resulting from the Minor's use of The Keys and Site;
Ensure the accuracy and correctness of all information submitted by the Minor;
Provide the consents required by these Terms on behalf of the Minor.
We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use The Keys.
We reserve the right to restrict access and refuse entry to Minors for particular The Keys 

Features.

Payment - General

THE KEYS Founding Memberships and other Products, can be purchased via The Keys Pty Ltd through the Shopify extension.  A surcharge may apply to payments made by credit card depending on the credit card used.  
The terms and conditions of Shopify and any third-party biller form a binding component of these Terms. They can be found at Shopify and the third-party biller’s website respectively
You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction.
Pricing

All prices listed on the Site and in the Membership Plan are in Australian Dollars and include GST (unless otherwise specified).
All prices displayed on the Site and Shopify are subject to change without notice.
Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.
To the maximum extent permitted by law, we reserve the right to refuse a sale to any person.

Intellectual property rights

You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access and use the Site.

You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.

By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you:

grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b)   represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
We reserve the right to terminate any licence granted to you under the Terms and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.

You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site. 

Indemnity

• You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, The Keys, The Keys Features, Materials, Site, any breach by you of these Terms, or your or anyone else’s use of The Keys or The Keys Features.  This indemnity survives termination of the Terms.

Liability

To the maximum extent permitted by law, we exclude all:

Conditions, guarantees or warranties expressed or implied by law; and
any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, any person’s access and/or use of The Keys, The Keys Features, THE KEYS Products, Materials or Site.
Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the total amounts you have paid to us in the past 6 months.  

You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

Events Outside our Control

Sometimes events happen that are out of our control. These may include strikes, lockouts, accidents, fire or the delay, failure in development, production, or supply by third parties of equipment or services, or unforeseen changes to laws or regulations applicable to The Keys premises or operations.

Such events may prevent us from providing you with access to THE KEYS Products or The Keys Features in whole or in part.

In such cases, both parties agree that we will not be liable for any delay or failure in performing our obligations while such events persist.

If the delay or failure referred to in this clause 15 continues for a period of two calendar months or more, then you may terminate your Membership by giving written notice to us.

 

 

Privacy

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

Site Use

• You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate authorities.

• We may, in our absolute discretion, restrict your access to the Site (temporarily or permanently) where you have breached the Terms or for any other reason and at any time in our absolute discretion. Under these circumstances, you may be prevented from accessing all or parts of the Site. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.

•  The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

• You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.

• Unless otherwise expressly stipulated in the Terms, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site. 

• You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

• You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

General

• We reserve the right to make changes to these Terms without notice to you. Any such amendments will have immediate effect from the time that they are published on the Site.

• Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

• Any provision of the Terms which is void or unenforceable may be severed without affecting the enforceability of other provisions.

• A failure or delay by us to exercise a power or right under the Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

• These Terms are governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.s

Definitions

In these Terms:

“Access Hours” means days and times in which the The Keys will be open and available for Members and Guests to make Bookings, including times for various The Keys Features.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“The Keys” means The Keys located at 1/188 Plenty Road Preston Victoria Australia 3072;
“The Keys Access” means access to the communally accessible spaces and facilities at The Keys;
“The Keys Features” include, but are not limited to, the following:
The Keys Access;
Classes;
Workshops; and
Events, both at the Premises and at other locations
“The Keys T&Cs” means these terms and conditions;
“Booking” means a booking for a The Keys Feature;
“Class” means any class held in The Keys or run by THE KEYS;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Direct Debit Membership” means a Membership under which a recurring Membership Amount is paid fortnightly via direct debit and includes Founding Memberships;
“Founding Membership” means pre-sale Membership under which a one-off upfront fee has been paid and no recurring Membership Amount is applicable;
“Event” means any event held at The Keys;
“Gift Cards” means a card that can be used to make certain Bookings in accordance with the Gift Card clause;
“Guest” means any a person who is not a Member;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trademarks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Joining Fee” means the one-off fee paid in order to become a Member, as set out in the relevant Membership Plan;
“Late Cancel Fee” has the meaning in Booking Cancellation clause;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Member” means a member of The Keys, who has entered into a Membership Plan paid any applicable Joining Fee and “Membership” has the corresponding meaning;
“Membership Amount” means a recurring fortnightly payment amount applicable to a Membership as set out in a Membership Plan;
“Membership Plan” means the terms entered by Members on Shopify that detail the particulars of their Membership, including the relevant Start Date, Joining Fee and Membership Amount;
“No Show Fee” has the meaning in Booking Cancellations clause;
“Privacy Policy” means our privacy policy available at www.
Session” means a time period in which a member or Guest has made a Booking for The Keys Access; 
“Site” means the website located at www.thekeys.com.au 
“THE KEYS” The Keys Preston Pty Ltd
“THE KEYS Product” means any THE KEYS item offered for sale through the Site and Shopify including, but not limited to, Memberships, Multi Passes and Gift Cards.
“Start Date” means the date on which a Membership will commence, as listed in the relevant Membership Plan.
“Terms” means these The Keys T&Cs together with our Privacy Policy and the terms stipulated in Shopify
“Workshops” means and workshops offered at The Keys or by THE KEYS; and
“you" or "your" means the person or entity accessing, using The Keys or Site and includes, when applicable, Members and Guests.  
Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.
 

Last updated: July 2021