Funlab Virtual Terms & Conditions

Welcome and thank you for visiting us.

We, Funlab Holdings Pty Limited (ACN 606 795 733) and our related entities, Holey Moley Australia Pty Ltd (ACN 613 584 571), Strike Australia Pty Ltd (ACN 606 795 788), Skyzone Australia Pty Ltd (ACN 606 795 939), Lucky & Sons Australia Pty Ltd (ACN 100 610 222), Archie Bros Australia Pty Ltd (ACN 621 886 922) and each of our other related entities that are incorporated from time to time (collectively, "Related Entities") shall be collectively referred to as "Funlab", “we”, “us”, or “our”.

The website located at https://www.fun-lab.com/ and other related platforms (https://www.holeymoley.com.au/; https://www.strikebowling.com.au/; https://www.skyzone.com.au/; https://www.archiebrothers.com.au/; https://www.luckyandsons.com.au/ and https://www.funlabvirtual.com/), and digital properties made available on the website (collectively, "Sites") are owned and operated by us.

We are a provider of a wide range of hospitality-driven entertainment concept services including virtual experiences through use of our Sites and various software platforms (“Services”).

“You”, “your” or “Customer” refers to any user of our Sites or our Services and includes where the context permits a child, parent or legal guardian.

These Terms and Conditions, together with, without limitation, our Privacy Policy, Holey Moley Australia Pty Ltd – Terms & Conditions, set out the terms and conditions that apply to your use of the Sites and your participation in any of the Services accessible to you. All such terms are hereby incorporated by reference into these Terms and Conditions.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. Please refer to the local terms and conditions applicable where used outside the United Kingdom.

However, if you are accessing our Services via a third-party platform owned or operated by a third-party site, a separate privacy policy or terms and conditions of use may also apply when using that site or platform.

Unless otherwise agreed by us in a separate written agreement with you, our Services are made available solely to you through our Sites and through related services in accordance with these Terms and Conditions. We may update these Terms and Conditions at any time and from time to time. Any changes will be effective when posted on these Sites. Your continued use of the Sites and receipt of the Services will indicate your acceptance of any changes to the Terms and Conditions. We urge you to refer back to this page regularly.

Please read these Terms and Conditions carefully before accessing or using the Sites or any of our Services.

1. ACCEPTANCE

By using our Sites or participating in our Services, you are consenting to comply with and be bound by these Terms and Conditions, our Privacy Policy and Holey Moley Australia Pty Ltd – Terms & Conditions. Similarly, by registering as a participant or registering a participant on their behalf, you agree to be bound by these Terms and Conditions and our Privacy Policy, Holey Moley Australia Pty Ltd – Terms & Conditions..

2. HOW OUR SERVICES WORK

2.1 Registration

You will be required to register with Funlab in order to access and use certain features of the Services. You will be required to indicate whether you are using the Services as a business user on behalf of your company or as a consumer. A “consumer” is an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself. The collection, use, disclosure and storage of registration data and certain other information about you are governed by our Privacy Policy.

You must be eighteen (18) years of age or over to register for the Services. If you are under eighteen (18) years of age, then you must get your parent or legal guardian to read these Terms and Conditions and agree to them for you and agree to be bound by these Terms and Conditions before you use the Services. If you are a parent or legal guardian and you provide your consent to your child's use of the Services, then you agree to be bound by these Terms and Conditions with respect to your child’s use of the Services.

Registration is confirmed only when we send you a confirmation email that you have been successfully enrolled in the virtual experience. We reserve the right to refuse registration to any person at our sole discretion.

2.2 Personal Information

The collection, use, disclosure and storage of your Personal Information are governed by our Privacy Policy.

2.3 Arrival on time

Please ensure that you arrive to the virtual experience on time. If you arrive late, you may be asked to leave, as these delays can be disruptive to the virtual experience. It may be helpful to set an alarm for 5 minutes prior to your virtual experience start time to ensure that you are prepared.

2.4 Missed experience

We do not offer make-up virtual experiences. We suggest that you diarise your virtual experience and set a reminder so you do not miss the virtual experience.

2.5 Internet and connecting issues

We cannot stop the virtual experience if you have lost or have low internet connection. We need to continue our virtual experiences to keep all of the other customers on track. We do not offer refunds due to poor internet.

2.6 Software installation

Once you have registered, you are provided via email, the details of any software that may need to be installed. This process must be completed prior to your virtual experience commencing. We are not able to stop the virtual experience while you install the required programme.

2.7 Disruptive behaviour

We reserve the right to take necessary disciplinary actions such as turning off your video and muting or removing you if you are disruptive during a virtual experience.

2.8 Zoom functionality

When entering our virtual experience, please set your Zoom account with your first name only so that we may identify you. The Zoom chat function is to only be used to communicate directly with the virtual experience instructor. Inappropriate messaging will not be tolerated. Please put your Zoom profile on mute when not speaking, background noise can be quite distracting for fellow customers. We ask all customers to stay muted throughout the virtual experience, unless you are speaking or asking questions.

3. USE OF SOFTWARE

3.1 Customer use of software

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (“upload”), or email or otherwise use via the Services.

Funlab reserves the right to investigate and take appropriate legal action against anyone who, in Funlab’s sole discretion, violates these Terms and Conditions, and may remove any content which Funlab reasonably considers to breach these Terms and Conditions from the Services, and may suspend or terminate the provision of the Services to you.

You must not:

  • email or otherwise upload any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual relationships; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales; or (v) in Funlab’s sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Funlab or its users to any harm or liability of any type;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • solicit personal information from anyone in violation of our Privacy Policy;

  • attempt to undermine the security or integrity of Funlab’s computing systems or networks or, where the software is hosted by a third party, that third party’s computing systems and networks;

  • use, or misuse, the software in any way which may impair the functionality of the software, or other systems used to deliver the software or impair the ability of any other user to use the software;

  • attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the software is hosted;

  • transmit, or input into the software, any files that may contain software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

  • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programmes used to deliver the Services or to operate the Sites.

3.2 Links to other websites and third-party products

Our Sites may contain links to other websites, apps and social media platforms operated, controlled or produced by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we do not control, endorse, sponsor or approve any such third-party websites or their content nor are we responsible for the privacy practices of, or any content, on those linked websites, and have no control over or rights in them.

Each third-party vendor applies their own terms and conditions to the use of their products. Your use of any information or materials pertaining to third-party products is entirely at your own risk, for which we are not liable. It is your own responsibility to ensure that any products, made available through third-party providers meet your specific requirements and that you have entered into appropriate terms of supply with those providers.

The privacy policies that apply to third-party websites and products may differ substantially from our Privacy Policy, so we encourage you to read those privacy policies before using those websites and products.

In agreeing to these Terms and Conditions and as a condition of using our Services, you understand and agree that this Site and other materials provided as part of our Services may, on occasion, include links to other websites, software and products which are not controlled by us. These links are provided for your convenience. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites, software or products. We have no control over the nature, content and availability of those websites, software or products.

You acknowledge and agree that Funlab will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through the Sites or the provision of the Services. Any dealings you have with third parties while using the Services are between you and the third party, and you agree that Funlab is not liable for any loss or claim that you may have against any such third party.

3.3 Security

You are responsible for maintaining the confidentiality of any passwords and accounts used by you (if any) to access the Sites or third-party websites, software or products and must not disclose such passwords to any unauthorised third parties.

You are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify Funlab of any unauthorised use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session when accessing the Services. Funlab will not be liable for any loss or damage arising from your failure to comply with this section.

3.4 Interactive Services

Where we do provide any interactive service, we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site or in respect of our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site or in respect of our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Without prejudice to point 2.1, the use of any of our interactive services by a minor is subject to the consent of their parent or legal guardian. We advise parents and legal guardians who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

The Sites may include information and materials uploaded by other users of the Sites. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us.

4. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Sites or Services (“Contributions”), and to any virtual experiences associated with it. You must comply with the following standards.

Contributions must not:

  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

  • promote any illegal activity, sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, trade mark or other intellectual property rights of any other person;

  • be threatening, abusive, excessively violent or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person; or

  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Funlab does not control the behaviour of Customers. As a result, Funlab cannot guarantee the quality, safety, legality, or appropriateness of the Services. If you wish to complain about the Contributions of any other users, please contact us.

Any Contributions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your contributions, but you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy your contribution and to distribute and make it available to third parties.

Subject to our Privacy Policy, we also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

5. INTELLECTUAL PROPERTY

You acknowledge and agree that: (i) the Services may contain features, content, information, and materials (“Content”) that are protected by copyright, patent, trademark, trade secret or other intellectual proprietary rights and laws; and (ii) all right, title and interest in the intellectual property rights of the Content is owned by Funlab. All Content is provided by Funlab solely to support your permitted use of the Services.

You may not:

  • copy the Sites or the Content;

  • store any part of these Sites or the Content or copy any part of this Site or the Content and store them on other websites without our prior consent;

  • use any part of these Sites or the Content without our prior consent; or

  • reproduce in any way any part of these Sites or the Content without our prior consent.

The Funlab name and logos are trademarks of Funlab. You should not interpret anything in these Terms and Conditions or the provision of the Services to mean that Funlab is in any way explicitly or implicitly giving you any license or right to use any of the trademarks, without our prior written permission.

6. LIMITATION OF LIABILITY

6.1 General

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

6.2 Disclaimer

The Services are provided on an “as is” and “as available” basis.

Funlab makes no representation, warranty or guarantee that: (i) the Services will meet your requirements; (ii) the Services or use of third-party websites, software or platforms will be uninterrupted, timely, secure, or error-free; or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

If you are a business user, to the maximum extent permitted by law and subject to point 6.2:

  • Funlab makes no representations, warranties or guarantees whether express, implied or statutory, not expressly set out in these Terms and Conditions; and

  • your sole and exclusive remedy, if you are dissatisfied with the Sites, the Services or with any terms, conditions, rules, policies, guidelines or practices of Funlab is to discontinue using the Sites and/or the Services.

6.3 Limitation of liability

If you are a consumer, please note that we only provide our Site and Services for domestic and private use. You agree not to use the Sites and Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a consumer, and (as a requirement of applicable law or otherwise), we are held liable for any losses to you, we are only responsible for losses you suffer that are a foreseeable result of our breaking these Terms and Conditions, or our failing to use reasonable care and skill, but we are not responsible for any losses that are not foreseeable.

If you are a business user, to the maximum extent permitted by law and subject to paragraph 6.2, in no event shall Funlab be liable for any claim, loss, demands or damages of any kind whatsoever (whether for breach of contract, arising in tort (including negligence), for breach of statutory duty or otherwise) arising out of or in connection with the use of this Site, the Services or the information, content or materials included on this Site or Services, including without limitation: (i) use or inability of use of the Site or Services; (ii) any content of the Site or Services and reliance on such content (including as to the quality, accuracy, completeness or fitness for purpose whatsoever); (iii) any content submitted or uploaded to the Site or Services (including Contributions); (iv) any content of any other website referred to or accessible through the Site or Services; (v) any virus attacks; (vi) use of third-party materials or any transaction or relationship between you and any third-party provider; (vii) any delay or failure in performance resulting from the provision of the Site or Services; (viii) any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control; (ix) loss of actual or anticipated profits (including loss of profits on contracts); (x) loss of revenue; (xi) loss of business; (xii) loss of opportunity; (xiii) loss of anticipated savings; (xiv) loss of goodwill; (xv) loss of reputation; (xvi) loss of damage to or corruption of data; (xvii) loss of use of money or otherwise; or (xviii) indirect or consequential loss or damage of any kind, whether such claims, loss, demands or damages were foreseeable, known or otherwise.

6.4 Without prejudice to the foregoing provisions of this section, in any circumstances, our total liability to you under these Terms and Conditions (whether you are a business user or a consumer) will be capped.

6.5 Governing law and jurisdiction

If you are a consumer, please note that these Term and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

7. OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

8. CONTACT

You may contact us here or at the address below:

Funlab Holdings Pty Limited

90-94 Nicholson Street

Abbotsford, VIC, 3067

Email: info@funlabvirtual.co.uk

© 2020 FUNLAB. ALL RIGHTS RESERVED.

These Terms and Conditions were last updated on 25 March 2021.