Holey Moley

Terms & Conditions

Important Links

Privacy Policy

House Rules

Terms and Conditions

Website Terms and Conditions

Disclaimers

  • Use the Holey Moley website (this website) at your own risk. Holey Moley (also referred to as we / us) is not responsible for any loss, damage, mistakes or omissions that may occur from your use of this website.
  • Other website links may appear on this website, however we do not endorse any content on the linked sites, which are not operated or controlled by us.
  • Although reasonable care is taken to ensure that this website is free from viruses, we do not accept responsibility for any viruses which may affect any material you download.
  • Price and availability information is subject to change without notice. Information on this website must be read in conjunction with promotional materials made available at the Holey Moley venues and in the event of inconsistency, the information set out in any promotional materials made available to you at our venues will prevail.
  • Online payments: payments can be made by credit or debit cards including Visa or MasterCard, American Express or by gift card. We do not accept Diners or electronic funds transfer (EFT) for online payments. Any online card payments will be processed by Stripe Payments Australia Pty Ltd. A surcharge of 0.68% will apply to these transactions. For more information about Stripe, see https://stripe.com/au. Please note that payments made by cash or gift card will not be subject to the surcharge.

Copyright

The copyright and intellectual property rights in all the contents and material on this website belong to Funlab Pty Ltd.

You may not:

- Copy these pages.

- Store any part of this website or copy any part of this website and store them on other websites without our prior consent.

- Use any part of this website in other corporate or commercial documents without our prior consent.

- Reproduce in any way any part of this website without our prior consent.

- Use the website in any way which it was not intended to be used by Holey Moley.

- Print or copy any components of the website for commercial use.

You may:

- You may print or copy any components of the website for personal use only.

- You may print or copy any components of the website for third parties provided this is for their personal use only and not for commercial gain.

- Link to the home page of this website with the prior consent of Holey Moley.

Improvements

- Holey Moley invites anyone with suggestions on how to improve our website to email suggestions to us via our contact us form.

- Alternatively, if you have any problems accessing the website, please send an email to [email protected]

House Rules

By visiting any of our venues as a guest, you agree to our House Rules and the additional policies that apply. Click here to view our House Rules.

Promotional offers

Promotional nights are not available on public holidays or the eve of any public holiday, or in conjunction with any other offer.

Our online booking system is currently unable to make reservations for some promotions. However, to take advantage of our offers, head on down to the venue anyway as we always keep a few spaces free!

All of our promotions are subject to the following terms and conditions:

- Fair play: any promotion which includes unlimited play is subject to our “fair play” policy which aims to give all customers a fair go at the activities on offer - see below for more details. We may ask you to move on to another activity for this purpose.

- Manager’s discretion: the manager on duty reserves the right to allocate you to particular activities if reasonably necessary for any reason whatsoever.

- End of play: Once you leave our venue, the promotion automatically comes to an end and you will no longer have access to any of the activities purchased as part of the promotion, even if the play period allocated to those activities has not expired.

Specific information about each promotion can be found on material at our venue or as advised by our venue staff. Please clarify with our staff prior to purchase to ensure that you properly understand the terms of our promotional offers

Fair Play Policy

A fair play policy applies to any promotion where an Unlimited Play component is offered. This ensures all our guests get a fair attempt at the various activities, and some people may be asked to move on to play another activity to ensure fairness. Further details about each offer can be found on promotional material in venue and from venue staff. Available for walk-in customers only.

The Policy:

- Golf – 18 holes guaranteed, then subject to availability

- Karaoke - subject to availability, allotted in 30 minute segments

The manager on duty reserves the right to allocate patrons to activities. All activities are not necessarily included in every promotion - please clarify with staff at time of purchase. Unlimited Play promotions are only valid on the day of purchase. All offers are subject to varying finish times - please clarify with staff at time of purchase.

Risk Warning and Acknowledgement

A Holey Moley recreational activity means any sporting or leisure activity of any kind (whether related to golf, table tennis or otherwise) that is conducted at our premises which you participate in, including passive participation for example by observing the recreational activity.

Before you participate in a Holey Moley recreational activity, make sure that you know and understand the risks involved.

Participation in a Holey Moley recreational activity can be inherently dangerous and  may result in serious personal injury and death. Particular risks include twists, sprains, broken bones, spinal injury, paralysis, physical injury and/or death. If you suffer from a health condition, please consult your medical professional before participating in a Holey Moley recreational activity to determine:

  1. Whether you face additional risks associated with your health condition; and

  2. Whether our recreational activities are suitable for you.

The below limits your legal rights and remedies

WE ARE THE SUPPLIER OF RECREATIONAL SERVICES AS DEFINED IN SECTION 22 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012.

WARNING: IF YOU PARTICIPATE IN THESE ACTIVITIES YOUR RIGHTS TO SUE THE SUPPLIER UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 IF YOU ARE KILLED OR INJURED BECAUSE THE ACTIVITIES WERE NOT SUPPLIED WITH DUE CARE AND SKILL OR WERE NOT REASONABLY FIT FOR THEIR PURPOSE, ARE EXCLUDED, RESTRICTED OR MODIFIED IN THE WAY SET OUT IN OR ON THIS NOTICE.

NOTE: THE CHANGE TO YOUR RIGHTS, AS SET OUT IN OR ON THIS NOTICE, 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. 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.

Holey Moley Rules

Holey Moley Australia Pty Ltd, trading as Holey Moley (referred to as “Holey Moley”, “the supplier” or “we/us”) may provide you with entry into the Holey Moley premises operating at 25 Warner Street, FORTITUDE VALLEY QLD 4006 & 590 Little Bourke St, Melbourne VIC 3000 and any other such location operated by us across Australia from time to time (“our premises”) and provide you with the facilities in order for you to take part in conduct the recreational activity.

The Holey Moley Rules:

  1. Are to be governed by the laws of the State, the Courts of which shall have exclusive jurisdiction, and

  2. Govern the entire agreement between you and Holey Moley and, if any part or provision of these terms and conditions is determined by a Court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.

You agree to comply with the following terms and conditions:

  1. Subject to the provisions herein contained, you release, discharge and forever hold harmless Holey Moley, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities thereto. This release shall be binding upon the Estate, and upon any Legal Personal Representative appointed by your Estate and may be pleaded by Holey Moley as a complete bar in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against Holey Moley or which may be brought against Holey Moley on your behalf. This Release shall extend and shall apply to all conduct of any nature whatsoever of Holey Moley including, without limitation, the circumstances where the facilities pursuant to which the recreational activity takes place were not fit for purpose or because of negligence, breach of contract, statute or statutory duty by Holey Moley.

  2. To the extent permitted by law we will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to the Holey Moley Rules.

  3. You affirm that you understand the scope, nature and extent of the risks involved in the recreational activity covered by the Holey Moley Rules and that you are not under the influence of any drugs, alcohol, illegal substances or anything else which may impair your ability to safely engage in the recreational activity.

  4. You acknowledge and are aware that the physical exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a preexisting physical condition.

  5. You voluntarily, freely and expressly choose to incur all risks associated with engaging in the recreational activity and understand that those risks may include personal injury, property damage, and/or death to you or others.

  6. You agree to pay the cost of and you authorise Holey Moley to take all steps it considers reasonably necessary to protect your welfare and the welfare of those in your custody or control in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

  7. Persons younger than 18 years of age, must be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by  the Holey Moley Rules on their behalf and you will directly supervise them at all times.

  8. You must comply with the Holey Moley Rules and the directions that are given by the Holey Moley staff. Holey Moley may, in its absolute discretion, suspend or cancel your participation in any recreational activity for non- compliance with this clause, or for reckless or careless conduct.

  9. The Holey Moley Rules:
    1. are to be governed by the laws of the State of Queensland, the Courts of which shall have exclusive jurisdiction, and
    2. govern the entire agreement between you and Holey Moley and, if any part or provision of these terms and conditions is determined by a Court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.

© 2024 Holey Moley Australia Pty Ltd