This Agreement is between you (“Consumer(s)”) and JAFFE INVESTMENTS PTY LTD, trading as MESS MATTERS (“the Mess Matters”). For the purposes of this agreement, the Mess Matters are the suppliers of Recreational Services.
Recreational Activities: Any sporting or leisure activity carried out in Mess Matters Recreational Services: Services that consist of participation in any Recreational Activities.
These conditions are governed by and construed in accordance with the laws of the State of Victoria. It is also in accordance with the laws of the Commonwealth of Australia.
If any of these conditions should be determined by a Court to be illegal, invalid or otherwise unenforceable, they will be deemed ineffective to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these terms and conditions.
These terms and conditions are made between you, as the Consumer, and Jaffe Investments Pty Ltd (ACN 648 921 877) trading as Mess Matters (‘Mess Matters’).
Consumers agree and acknowledge that if you made a booking and/or purchase tickets on behalf of any other Customer (including children whom you are providing custodian and care), you will act as an agent of those Customer(s) and those Customer(s) will be bound by the same terms.
1.1. The following Terms and Conditions apply immediately on the date bookings are made with the Mess Matters.
1.2. The Booking Process (“Booking”) includes all correspondences with Mess Matters in relation to making a booking. This includes bookings made in-store, online, over the phone and by email.
1.3. The Mess Matters Premises (“the Premises”) is described as FCT 4/3 Exley Drive, Moorabbin VIC 3189
1.4. Consumers acknowledge that party events may attract additional Terms and Conditions.
Gross Negligence: Doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5, section 23(3)(b) of the ACL.
Consumers agree to participate in the recreational activities at their sole risk.
2.1. The Mess Matters, including its Employees, Directors and Agents (“the Supplier”) agree to act with due care and skill at all times when providing services.
2.2. Consumers acknowledge that participation in the recreational activities supplied by the Supplier may be dangerous and comprise inherent risks and hazards. Consumers further acknowledge that the inherent risks may cause serious injury, permanent disability and sometimes death.
2.3. By participating in recreational activities provided by the Suppliers, customers, participants, their dependents and/or legal representatives (“Consumers”) agree to the following conditions:
2.4.1. Consumers agree to abide by all rules and guidelines provided by the Supplier.
2.4.2. Consumers assume and accept all risks and waive their right to pursue the Supplier for injuries suffered, or death, caused by or arising from participation of the recreational activities.
2.4.3. Should Consumers suffer an injury, or death, on the Premises, as a result of the
Consumer acting in contradiction of the Supplier’s Rules of Conduct (“RoC”) and all Guidelines provided by the Supplier, the Consumer agrees to waive their rights to claim:
iii. for breach of contract or any consumer guarantees under the ACL; and/or
2.5. Consumers agree that the Suppliers, their officeholders and/or representative have no liability to Consumers under breach of warranty (either express, implied or statutory), contract, tort, negligence, statute or statutory duty.
3.1. Under the Australian Consumer Law and Fair Trading Act (VIC) 2012 (“ACL”), several Statutory Guarantees apply to the supply of Goods and Services.
3.2. The Supplier acknowledges that they are required to ensure that the recreational services supplied:
3.3. In accordance with section 22 of the ACL, consumers agree that by entering the Premises, Consumers agree to waive that their rights to sue the Supplier under the ACL for reasons listed under paragraph 2.3.2 above.
NOTE: Changes to Consumer’s rights, as set out in this Agreement, does not apply if the injury suffered or death is due to Gross Negligence caused by the Supplier.
3.4. Consumers agree to pay costs and authorise the Suppler to take all reasonable steps to protect Consumers’ well-being in the event of an injury occurring. This includes, but is not limited to, the administration of emergency medical treatment and Ambulance Victoria transportation.
3.5. Consumers guarantee that they are in good health and free from any adverse medical conditions.
3.6. Consumers must comply with the Supplier’s RoC, signs displayed on the Premises and other directions provided by the Supplier.
3.7. The Suppler reserves the right to suspend or cancel access to the recreational activities in its absolute discretion upon their discretion. Reasons may include, but are not limited to, Consumers acting in a reckless and/or careless conduct. It may also include, but is not limited to, Consumer’s non-compliance with the conditions.
4.1. Consumers have permission to purchase tickets for themselves, and/or for another person (“Third Party”). Where Consumers purchase tickets for another person, they will be referred to as the Direct Consumer.
4.2. In the event where the Direct Consumers purchases a ticket, or tickets, or access product for use of the recreational activities on behalf of a Third Party, the Direct Consumer and the Third Party agree that the Direct Consumer makes that purchase of the ticket as the Authorised Agent of the Third Party. Therefore, the Third Party is also bound by these conditions.
5.1. Consumers acknowledge that performing recreational activities may cause a dangerous situation.
5.2. By participating in the recreational activities provided by the Supplier, Consumers assume responsibility for observing safety policies, rules, notices and warning signs displayed whilst on the Premises.
5.3. Consumers must comply with safety directions provided by the Supplier, their officeholders and representatives whilst on the Premises.
5.4. Consumers guarantee they understand the scope, nature and extent of associated risks when participating in recreational activities. Such risks include: contraction, aggravation or acceleration of a disease, physical or mental injury, and/or death.
5.5. You agree that children under the age of 18 and/or Customers who are mentally disabled (collectively referred to as ‘Children’ for the purpose of this clause 10) must be accompanied and closely supervised by an adult at all times. Where you are responsible for the Children, you agree to be bound by these terms and conditions on their behalf and you will closely and directly care and supervise them at all times.
5.6. Consumers agree to maintain a hygienic environment in the following ways:
i. to wear shoes at all times when on the Premises; ensure that Consumers who are in your care and custodian will perform the same.
ii. In the event that Consumers are ill, nauseous or suffering from any form of injury (regardless of the extent of illness or injury), Consumers agree to cease all recreational activities and exit the Premises immediately.
5.7. Consumers agree not to enter the Premises if they are under any influence of alcohol, drugs (regardless the degree of influence) or are suffering from any form of infectious disease (regardless of the degree of infectiousness).
5.8. Upon entering the Premises, Consumers acknowledge and agree that they are granted a non-exclusive license to use the equipment in the Mess Matters. Consumers must not cause any damage to equipment. In the event that damage is caused to the equipment, Consumers agree to make payments towards their repair, or alternatively, their replacement.
6.1. In connection with Consumers’ enjoyment of recreational services provided by the Supplier, Consumers reserve responsibility for the payment of all fares and charges as provided in the Fees Schedule. The Fees Schedule is subject to change at Mess Matters’ discretion.
6.2. Consumers agree that a ticket of entry may be used once only. Multiple entries on the same day may be permitted if the Supplier, their officeholders and/or representatives are satisfied that there is a reasonable justification for it.
6.3. Consumers agree that all tickets purchased to enter the Premises may not, without our prior written consent, be re-sold or offered for re-sale or used for any commercial gain or purpose.
6.4. In the event that a ticket is purchased from the Mess Matters and Consumers no longer wish to use it, Consumers may not apply for a refund but may transfer the ticket to another person (“Transferee”) without any commercial gain or purpose. The Transferee will be bound by the same terms and conditions as the original Consumer.
7.1. When Consumers make a booking with Mess Matters and/or enter the Premises, Mess Matters may collect Consumers’ personal information. Consumers represent and warrant that any information provided to the Mess Matters is true, correct, accurate and up to date.
7.3. Mess Matters agrees to treat the information collected from Consumers with confidentiality. That is, the information will not be disclosed to any third party other than to its employees, agents, officeholders and representatives to enable the performance of recreational services. Alternatively, the Mess Matters will seek consent from Consumers prior to releasing your personal information to other parties.
7.4. Consumers acknowledge that they may be photographed, filmed or recorded by the Supplier, their officeholders and representatives for the purpose of marketing of the Mess Matters. The Supplier agrees not to use those photographs, film, recordings or images and/or publish them on public domain unless prior consent was given by Consumers.
7.5. Consumers acknowledge that surveillance cameras are installed in the Mess Matters and are operated by Mess Matters for the safety and protection of individuals and properties. Consumers further acknowledge that they may be photographed, filmed, taped and/or subjected to monitoring by those cameras. Consumers agree and consent to be photographed, filmed or taped by those cameras whilst on the Premises. Mess Matters may, at their discretion, use any photographs, film, recordings or images obtained and produced from those cameras without consent.
7.6. Consumers acknowledge that other Consumers may take photos, films, recordings or videos in the Premises. Customers will not be restricted from taking photos, film or videos unless:
8.1. Consumers acknowledge and are aware that logos, ticketing system and facilities of Mess Matters are intellectual properties of Mess Matters and Mess Matters’s licensors and are protected by copyright and other intellectual property rights (“Proprietary Content”).
8.2. Consumers agree that they will not use the Proprietary Content, information or materials other than for the performance of recreational activities or in any manner that infringes the intellectual property rights of Mess Matters or of a third party. No portion of such Proprietary Content may be reproduced in any form or by any means. Consumers agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such Proprietary Content in any manner. Consumers further agree they will not exploit such Proprietary Content in any unauthorised way.
8.3. Consumers agree not to use such Proprietary Content to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any party. Consumers agree that Mess Matters is not to be held responsible for such use by Consumers.
9.1. These Terms and Conditions are effective until terminated. Upon termination of these Terms and Conditions, Consumers shall cease enjoyment and participation of any recreational services immediately.
9.2. These Terms and Conditions constitute the entire Agreement between You (as the Consumer) and the Mess Matters with respect to its subject matter. They set out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter.
9.3. In the event any provisions of these terms and conditions are prohibited or unenforceable in the applicable jurisdiction, they will be deemed ineffective to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these terms and conditions.
9.4. If any dispute arises between you and the Mess Matters, the laws of Victoria will apply. You irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria and waive any rights you may have to object to an action being brought in Victorian Courts.
Consumers acknowledge that there are conditions applied upon entering the Premises.
1.1 Mess Matters is a recreational service provider only. Caring services will not be provided by Mess Matters,
its employees or agents in any circumstances.
1.2. Children must be accompanied and supervised by an adult who is at least 18 years old and is capable of providing reasonable supervision and care to children.
1.3. Mess Matters’s recommended maximum adult/carer to children ratio is 1 adult/carer to 5 children (unless alternate arrangements are made with Mess Matters).
1.4. The accompanying adult/carer is responsible for the safety of their children and must not leave their children unattended in the premises at any time, even if their children are attending classes provided by Mess Matters.
1.5 Parents or guardian must accept all responsibility and liability for children in their care.
1.5. Staff Areas are public prohibited areas. No entry is granted to the public in any circumstances unless authorised by Mess Matters.
1.6. In the unlikely event of an emergency, the accompanying adult/carer must, and ensure that children in their care must, follow instructions given by Mess Matters, its employees and agents
2.1. Rules and signs exhibited throughout the Premises must be complied with strictly at all times. The accompanying adult/carer must monitor their children and ensure that such rules and signs including the Conditions of Entry are being complied with.
2.2. Nappies must be changed in the facilities provided.
2.3. In case of injury, sickness or nauseousness, the accompanying adult/carer and their children must leave the premises and seek medical assistance immediately. No refund will be issued.
2.4. For the health and safety of other children, the Supplier may request children who are suffering from any form of illness and the accompanying adult/carer to leave the premises. No refund will be issued.
2.5. Bullying, offensive language, rough play or intentional causing of damage to the Premises by any person in the premises will not be tolerated. The Supplier may request persons involved in such behaviours to leave the Premises immediately without warning. No refund will be issued.
2.6. For the health and enjoyment of children, smoking is not permitted within or around the premises.
Please notify us immediately if an area requires cleaning or sanitisation.
3.1. Use of equipment is at Consumers’ own risk. The accompanying adult/carer agrees not to hold the Suppliers liable for any claims, actions, suits, demands, costs and/or expenses (including legal costs and expenses) arising out of the incorrect use of equipment caused by negligence of that accompanying adult/carer or that of a child in their care, or by negligence of any person whatsoever.
3.2. Mess Matters reserves all right and may refuse entry of any person into the Premises at their sole discretion.
3.3. Personal belongings are brought in at your own risk. The Suppliers will not assume liability for any lost or stolen items placed within the premises.
3.4. The accompanying adult/carer agrees to indemnify Mess Matters, its employees and agents against any loss or liability, cost, expense or damage arising from or in relation to the entry of themselves and of any children in their care.
4.2 Consumers agree to Party & Events Booking Terms & Conditions:
4.2. Any Food or drinks purchased outside of the must not contain nuts. A $30 inc GST surcharge applies if you provider your owner catering.
4.3 If your choose to self-cater, Mess Mattes does not provide cutlery, plates, cups etc
4.4 Alcoholic drinks are strictly not allowed on premises.
4.5 It is the Consumer’s responsibility to inform Mess Matters staff of any food allergies and/or dietry restrictions.
4.6 Mess Matters assumes no responsibility or liability for services offered by our Third Party Service Providers. You agree to release Mess Matters of all responsibility and liability of all products and services provided by our Third Party provider. If you do not agree to this, please do not engage these services.
5.1. Motor Vehicles may be parked in the unrestricted car park at own risk.