In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Consumer is as defined in the ACL;
Goods means any goods supplied by K-Kore to you;
K-Kore means K-Kore Pty Ltd (ACN 612 487 340)
In Writing means delivered to staff on our premises in person or by mail, or sent to our email;
Services means any services provided by K-Kore to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from K-Kore.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that K-Kore 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 us; and
— might reasonably be expected to achieve any result you have made known to us.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, K-Kore 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 and Fair Trading Act 2012 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. 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 part of K-Kore. “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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
You accept that your use of the facilities provided by K-Kore or at K-Kore studios is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that K-Kore will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of K-Kore.
Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.