P1 Complex – General Terms and Conditions

1. TERMS APPLYING

These terms and conditions apply to the supply of services and products by China-Australia Karting Development Pty Ltd (ACN 630 678 974) trading as “P1 Entertainment Complex” (“P1 Complex” or “us”) to you to the exclusion of all other terms and conditions.
No variation to these terms and conditions is binding on P1 Complex unless that variation has been agreed to in writing by P1 Complex.

2. CUSTOMER APPLICATION FORM

If you are a new customer of P1 Complex, you will be required to complete a new customer application form.
You must fully and truthfully disclose all of your information in completing your customer application form.
All visitors under the age of 16 must be accompanied by a responsible adult.

3. TICKET SALES

All tickets are valid for the date of purchase only and are supplied on a per-person basis. Tickets are not refundable or transferable.

4. BOOKINGS, CANCELLATIONS AND REFUNDS

Bookings can be made over the phone or online via our website.
Bookings for arrive & play sessions need to be prepaid in full at the time of booking. Customers will be accepted on a first-come-first-served basis.
All participants are required to arrive at their arrival time as notified by P1 Complex. Arriving after the required arrival time may result in your booking being changed to a different time, shortened or cancelled.
For non-event bookings, P1 Complex requires at least 24 hours’ notice to cancel or reschedule your booked session.
For non-event bookings, if you cancel your booked session within 24 hours of the commencement of your booked session, or do not attend a booked session:

(a) for prepaid booked sessions, you will forgo the booked session; or

(b) for prepaid cards, P1 Complex reserves the right to charge you the full cost of the booked session.

P1 Complex will not provide any refund unless required by Australian consumer law.
All scheduled times for booked sessions are subject to change/delay.

5. PAYMENTS

P1 Complex accepts cash, electronic funds transfers and credit cards. Cheques will not be accepted without the prior approval of the management of P1 Complex.
If you use a credit card to pay P1 Complex, P1 Complex may impose a payment surcharge (which may vary depending on the type of credit card used) for processing payment.

6. EVENT BOOKINGS

For all event bookings, a minimum reservation of 8 people is required. A non-refundable deposit of 50% of full payment is required at least 2 weeks prior to the event date to secure your event booking.
P1 Complex will make every effort to assist you in changing your event booking, but please be advised that we require a minimum of 14 days’ notice to alter or cancel your event booking.
Deposits will not be refunded should you cancel or request a change of event booking within 14 days before the day of the booked session. In such an event, you accept that all deposits and prepayments will be forfeited.
For go-karts and golf sim events, specific requirements for your event, including the number of participants at your event, trophies and catering, all need to be finalised, confirmed in writing and all outstanding monies paid as per the event trading terms 7 days prior to the event date.
If your event booking is unfortunately cancelled or postponed by us due to unforeseen circumstances, you will receive a replacement pass for the unused portion of your ticket.
Event organisers are responsible for the conduct of the guests and will ensure that all guests comply with these terms and conditions.

7. RESTRICTIONS

Restrictions such as height, weight and/or physical ability apply to certain activities at P1 Complex. You accept the risks of taking part in those activities and should make your assessment of those risks before doing so. You must obey all safety signs and warnings.

8. AGREEMENT TO FOLLOW RULES

You must abide by the rules for the activities as set by P1 Complex.
Adults/carers are responsible for persons under their supervision.
You must observe our instructions and behave sensibly and properly whilst at the P1 Complex facility. Inappropriate behaviour, disorderly conduct, aggression, discrimination, intoxication, or other disruptive behaviour, may result in refusal of service, refusal of entry or being ejected from the P1 Complex facility. P1 Complex reserves the right to terminate any of your activities should it determine that you or your guests should be removed from the P1 Complex facility. No refunds will be given for in-completed activities.

9. ASSUMPTION OF RISKS AND RESPONSIBILITIES

You acknowledge that your participation in and/or observance of the activities at P1 Complex is voluntary and you fully assume the risk of any personal injury, illness or death occurring to you or your guests whilst at the P1 Complex facility and the risk that any personal property belonging to you or your guest may be lost, stolen or damaged even if such injury illness, death, loss or damage is caused by the negligence or wilful acts or omissions of any of P1 Complex or any other person (including other participants at the P1 Complex facility) and whether same occurs while participating in or observing the activities or in any other area of the P1 Complex facility (such as in the entrances, exits or washrooms).

10. WAIVER AND RELEASE

You hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings (“Claims”) that you or your guests have or may in the future have against P1 Complex and hereby release and forever discharge P1 Complex from any Claims and liability for or in respect of any illness, injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to your or your guests participating in or observing the activities or attending the P1 Complete facility, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care or supervision by P1 Complex or any other person (including other participants at the P1 Complex facility).

11. LOSS OR DAMAGED PROPERTY

P1 Complex does not look after your personal belongings and will not accept Claims for lost or damaged property.

12. CATERING

BYO food & drinks are not allowed to be brought onto the P1 Complex facility, except for birthday cakes.
There is a food menu available for individual orders, and P1 Complex can cater for larger groups from 10 persons onwards. Catering orders need to be pre-booked.
All catering options require a 50% deposit at the time of booking. Final numbers need to be communicated with P1 Complex at least 48 hours before the booking. No change can be made within 48 hours of the booking.

13. PHOTO RELEASE

You grant permission to P1 Complex and its officers, licensees and assigns to photograph your image, likeness, or depiction and/or that of your guests while in the P1 Complex facility. You grant permission to P1 Complex to edit, crop, retouch, or photoshop any such photographs, and waive any right to inspect or approve any images. You consent to and permit photographs of you and/or those of your guests to be used by P1 Complex for any purpose, including educational and advertisement purposes, and in any medium, including print and electronic, forever and without limitation.
You understand that P1 Complex may use such photographs with or without associating names thereto. You further waive any claim for compensation of any kind for P1 Complex’s use or publication of any of your photographs and/or those of your guests.
You hereby fully and forever discharge and release P1 Complex from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of any of your photographs and/or those of your guests by P1 Complex, and covenant and warrant not to sue or otherwise initiate legal or administrative proceedings against P1 Complex for such use or publication on your behalf or behalf of your guests. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable and without time limitations.

14. LIABILITY

To the fullest extent permitted by law, all warranties and conditions (other than those expressly set out in these Terms and Conditions) whether implied by statute or otherwise are excluded.
To the fullest extent permitted by law, P1 Complex’s liability for any breach of any condition or warranty expressly imposed or implied by Australian legislation will be limited, at P1 Complex’s option, to one or more of the following:

(a) if the breach relates to the supply of product:

(i) the replacement of the defective product or the supply of an equivalent product;

(ii) the repair of such defective product;

(iii) the payment of the cost of replacing the defective product or of acquiring an equivalent product; or

(b) if the breach relates to the performance of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

To the fullest extent permitted by law, P1 Complex’s liability to you, whether for breach of contract, tort (including negligence), breach of warranty, strict liability or otherwise under or in connection with the supply of services and/or products shall not in any event exceed an amount equal to the price paid by you for the relevant services and/or products which give rise to the liability and P1 Complex will have no liability for any indirect or consequential loss and/or expense suffered or incurred by you or any liability to third parties suffered or incurred by you.

15. OTHER CONDITIONS OF SUPPLY

P1 Complex’s employees and agents are not authorised to make any representations concerning the services and/or products unless confirmed by P1 Complex to you in writing.
Any typographical, clerical or other error or omission in any sales literature, booklet, pamphlet, pricelist, offer or other document or information issued by P1 Complex will be subject to correction without any liability on P1 Complex’s part.

16. INDEMNITY

You will indemnify and keep indemnified P1 Complex, and its employees, agents and contractors (Indemnified Parties) against all claims, expenses, losses, damages and costs (Liabilities) (including all Liabilities arising as a result of damage to a third party’s property or injury to or death of any person, and all legal costs about any Liabilities) sustained or incurred by any of the Indemnified Parties arising from:

(a) any breach of these terms and conditions by you;

(b) any negligent or wrongful act or omission by you or any of your guests in connection with or about the supply of the products and/or services (including injury or death of any person who is at the P1 Complex facility or damage or loss of any property at the P1 Complex facility); or

(c) any fraud, dishonesty, misrepresentation or wilful default by you in connection with or about the supply of the products and/or services.

17. PREPAID CARDS

If we sell prepaid cards to you, those prepaid cards must only be used by you. It cannot be redeemed for cash or returned for a refund.
Prepaid cards will expire 3 years from the date of purchase or top-up. Any unused funds remaining in your prepaid card after the expiry date will be forfeited and become the property of P1 Complex.

18. FORCE MAJEURE

For any delay in the supply of services and/or products due to events of force majeure, P1 Complex shall not be responsible or liable for any such delay.
Events of force Majeure (as referred to in clause 1) include, but are not limited to natural disasters, difficult weather conditions, pandemics, delays in shipping or customs clearance, loss of stock due to unforeseen forces, union strikes, and events beyond the control of P1 Complex etc.

19. MISCELLANEOUS

A provision in these terms and conditions must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed.
These terms and conditions constitute the entire contract of the provision of services and supply of products to you and supersede all previous arrangements, correspondence, representations, proposals, understandings and communications whether written or oral.
Any notice or document required under these terms and conditions to be served on a party may be sent to that party’s registered office address, business address, by email or facsimile. Notices and documents may be delivered by hand or sent by prepaid post and if sent by post shall be deemed to be served on the third day after posting. Notices and documents delivered by facsimile or email shall be deemed to be served at the time of transmission.
These terms and conditions are subject to the laws of South Australia and you agree to submit to the exclusive jurisdiction of the courts of South Australia.

20. GO-KART TERMS

Driver’s requirements:

(a) junior kart racers must be 7 years or older of age and taller than 110cm. Once the racer’s seated height is over the kart’s protective headrest, they will not be allowed to drive the junior karts and can move to adult karts with guardian permission.

(b) adult kart racers must be 13 years or older of age and taller than 150cm. Once the racer’s seating height is over the kart’s protective headrest, the racer will not be allowed to drive.

(c) dual Karts drivers must be 18 years of age at a minimum and taller than 150cm. The passenger’s minimum age is 5 years, with a minimum height of 110cm.

Our manufacturer’s maximum driver weight limit for the karts is 110kg.

All participants must wear enclosed protective footwear. All long hair must be tied up, and no loose clothing is to be worn. Helmets must be worn by all participants. No free-flowing robes, scarves or clothing is permitted on the karts.
If a participant does not have appropriate attire, they will be prohibited from go-karting without a refund.
All “arrive & drive” sessions are set by minutes in different sessions depending on the package.
Arrive & drive sessions are non-exclusive, you will share the track with other members of the public.
All drivers must arrive at P1 Complex 45 minutes before your booked session. Late arrivals which impact the late running of the day’s racing may result in your booked session being shortened without refund due to the strict time restraints at P1 Complex.
Prior to the commencement of each session, we will check in all participants, give the safety briefing and assist with choosing the correct helmets. If the group or an individual participant is running late, P1 Complex reserves the right to cancel the booking or proceed with fewer race laps. No (partial) refunds will be given.
Go-karting requires physical fitness, skill and mental alertness. Some medical conditions prohibit you from go-karting. Any person with a pre-existing injury cannot partake in go-kart activities. Pregnant women should not ride the karts without medical approval.
You acknowledge that go-karting can be a dangerous recreational pastime activity and injuries may occur. Due to the physical exertion placed on riders, you agree that you have made your assessment of the forces of the ride before participating in the ride and you take full responsibility for any accidents resulting in any loss or injury to you or any of your personal property.
You acknowledge that serious injury may occur as other riders may be of limited skill and ability.
P1 Complex will not sell alcohol to persons before participating in go-karting activities. Participants suspected to be under the influence of drugs or with a blood alcohol content over (BAC) 0.00 are prohibited from go-karting. We may ask you to undertake a breathalyzer test. No refunds will be given.

21. GOLF SIMULATOR TERMS

The P1 Complex golf bays operate via the relegation of timed sessions for each golf bay. Your purchase of a session includes:

(a) a certain period in which you are allowed to use the included goods such as,

(i) golf clubs;

(ii) golf simulator;

(iii) golf balls;

(b) access to the golf bay(s).

This access is limited, and it is based on the time purchased. After the access time runs out, you will not be obligated to leave the P1 Complex facility, but you will be obligated to leave the golf bay(s).

When using golf simulators, the following must be followed:

(a) players must wear appropriate clothing and footwear at all times (bare feet are not permitted);

(b) all players must only hit from the mat and no running starts or horseplay is allowed;

(c) only the person hitting a ball may stand beyond the Hazard line. All waiting players must stand behind the Hazard line at all times

(d) all persons must stay behind the Hazard line at all times;

(e) players are responsible for the safety of others around them and should always check their surroundings before swinging a golf club;

(f) players must aim for the targets only at all times. Players are responsible for any damages or injuries caused;

(g) throwing golf balls is prohibited;

(h) only dispense one golf ball at a time;

(i) you must ensure that you and your guests refrain from the inappropriate use (as determined by P1 Complex in its absolute discretion) of the golf simulator facility, including but not limited to:

(i) inappropriate swinging of golf clubs;

(ii) inappropriate launching of golf balls;

(iii) inappropriate use of the grass, the screen, cameras and sensors.

22. ARCADE GAMES TERMS

No Exchanges or Refunds: Once a deal is purchased, it cannot be exchanged or refunded.
Subject to Availability: Access to games and claw machines may vary depending on availability at the time of visit.
No Cash Value: These deals hold no cash value and cannot be redeemed for cash or other services.
Age and Height Restrictions: Certain games may have age or height restrictions, and P1 staff reserves the right to enforce these as necessary.
Management Rights Reserved: P1 Entertainment Complex reserves the right to modify or terminate these deals at any time without prior notice.