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Terms of service

Terms Used

'The seller' refers to Growplay Pty Ltd.
'The buyer' refers to any legal entity purchasing from the seller or using this website.
'The hirer' refers to any legal entity hiring from the seller or using this website.
'The website' refers to www.growplaymonkeybars.com

Prices and Currency Conversion

All prices are in AUD$ and are inclusive of TAX.

The following information and content is to inform of the responsibilities of both the seller and the consumer. The terms and conditions set below must be agreed upon by both parties prior to the commencement of business with Growplay. Growplay reserves the right to make any changes or amendments to any of the following terms and conditions at any time without notice.

Please read thoroughly through the terms and conditions and agreement before placing an order with Growplay Monkey bars. By placing an order you acknowledge that you have read, understand and agree to be bound by its conditions. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.

LEGAL RIGHTS – PLEASE READ:

EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.

To the maximum extent permitted by the law, Growplay, its employees, directors, and agents will not be liable to the customer, their dependents or legal representatives for damage to property, personal injury or death suffered by the customer because the Product was not manufactured or supplied with due care and skill, the Product is not reasonably fit for its purpose or because of negligence, breach of contract, breach of statute or breach of statutory duty by Growplay.

Growplay, it's employees directors and agents are not liable to the customer, dependants or legal representatives for personal injury or death suffered by the customer because the product was not.

a)Installed in the accordance with the Growplay instruction manual. It is the customers responsibility to check all boxes to confirm that all components are included and in the correct condition before assembly

b) Installed with due care and skill, by a the customer or a third party assembly service; and

c) In the same condition as when the Product was supplied, due to wear and tear – including, but not limited to, weather damage, deterioration of the fixtures, UV deterioration or rust.

The customer acknowledges that using the Product can be dangerous, with inherent risks and hazards. As a consequence, personal injury or death may occur. The customer assumes and accepts all such risks, and hereby – to the full extent permitted by law – waives the right of action against, and fully releases Growplay for, loss, damages, personal injury or death in any way caused by, or relating to, the customer’s participation in such activities.

This includes – without limitation – liability for any negligent or tortuous acts or omission, breach of duty, breach of contract or breach of statutory duty on the part of Growplay, its office bearers, directors, employees or agents.

RISK WARNING:

The use of the Product involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in activities with the Product do so at their own risk.

CHANGES TO THESE TERMS AND CONDITIONS

We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site.

If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

For any future Orders, these terms and conditions may be different and and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.


Product Descriptions and Pricing Information

In the event, a product is listed at an incorrect price, or with incorrect information due to an error in pricing or product information received from our suppliers, the seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the seller shall immediately issue a credit to your credit card account in the amount of the charge. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action. The seller reserves the right to change the content of the website at any time and without prior notice. Pricing for Insurance Claims is full RRP pricing.

Order Acceptance Policy

Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Order acceptance only occurs when the goods are dispatched to the buyer. The seller reserves the right at any time after receipt of your order, to accept or decline your order for any reason. The seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

Order Delivery Times

Any quotations of delivery times mentioned on the website are made in good faith but are estimates and the seller shall not be bound by such quotation.

Dispatch

Items will be freighted from our Perth and Brisbane distribution warehouses depending on stock availability.

Assumption of responsibility

The buyer understands that the use of trampolines may be a risk to physical health and safety if not done properly. The buyer further understands that it is the buyer is responsible for all users of the product.

The seller shall not be held responsible for damages arising from the buyer's recklessness, negligence, misuse of Growplay products, or for any damage or injury that occurs pursuant to any information received from the seller on the Internet, or by any other means now known or later developed.

Growplay does not accept any responsibility or liability for any issues or damages caused by the provided anchor kit system to climbing frames or property. Anchor kits are only aids in securing climbing frames and accessories to the ground and not a guaranteed preventative from damages caused or arising from environmental factors.

Limitation of Liability

To the full extent permitted by the laws in Australia, the seller shall not, in any event, be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. If the materials on this website are purchased for business purposes.

Copyright

Materials on this Website may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purpose.

Other Party's Websites

This website may contain hyperlinks to websites operated by third parties. You accept that the seller has no control over, and is not responsible, for any material contained on any third party websites. Links to third party websites are provided for your convenience and do not constitute an endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise.

Applicable Law

This website is intended to be accessed by Australian residents. We make no representations about the compliance of this site with the laws of any other country. Therefore if you access this website outside of Australia you do so at your own risk and are responsible for complying with any laws where you access the website, or where the information you publish or upload can be accessed.

Privacy Policy

Growplay monkey bars will not pass your personal information on to any other party without your permission. Your personal information will be used only for the purpose for which you gave it to us.


From time to time, we may send you product information (including special offers) in the mail or by email. If you would like to change your personal information or update your email notification settings please contact info@growplaymonkeybars.com.

If you would like your information to be removed from the Growplay Monkey Bars website, please info@growplaymonkeybars.com.au.

Shipping & Delivery


NOTE: Please choose your order carefully as we cannot make changes after it has been invoiced and shipped.

All Orders will be shipped at your cost. Please note rural deliveries may incur a freight charge. If you are unsure please contact our customer service team by email: info@growplaymonkeybars.com.


Delivery times

Orders confirmed and paid will normally be processed and dispatched the next working day (Mon – Fri).

For deliveries allow 14-27 working days approx. (Delivery to Rural Addresses normally takes an extra 2-5 days)


All orders are shipped using Track and Trace and require a signature upon delivery.


Orders placed on weekends and/or an Australian public holiday will be processed on the next business day.


Orders paid for by credit card are securely processed in "real time" when you place your order. They will normally be processed and dispatched the next working day (Mon – Fri).


We cannot delay or hold dispatch of completed orders (except lay buys).


We use a third party logistics agent to deliver orders, we cannot guarantee or deliver on a specific day or time.

Growplay Monkey Bars Door to Door delivery

All Products are delivered securely to your doorstep only, by courier and/or transport.

The transport company will make several attempts to contact you. If you do not answer, your goods will be restocked and you will incur the 75 dollar stocking fee.

Door to door delivery service requires easy access to ground level only. (No stairs)

Before signing the delivery docket inspect your goods for signs of any damaged packaging. Write details of any damage on the delivery docket then sign it.


You MUST notify us within 24hrs of any internal or external damages to your goods.

Contact our Customer Service Team by email: info@growplaymonkeybars.com.

Assembly is not included.

Rural deliveries

NOTE: Delivery to Rural addresses normally takes an extra 1-3 days.

Please provide a daytime contact phone number so the Rural Courier can contact you to organise delivery of your goods.

The transport company will make several attempts to contact you. If you do not answer, your goods will be restocked and you will incur the 75 dollar stocking fee.
Growplay monkey bars only ship within Australia. We do not accept international orders.


Free shipping

Free shipping does not apply to insurance claims.

Missing parts

If a customer believes that a Growplay product does not include all necessary parts, they must contact us immediately by email info@growplaymonkeybars.com.

A customer must not attempt to use a product if any part is incomplete, as it may be dangerous. Any damage that the user causes as a result of using incomplete products will lead to voiding of the warranty.

Growplay products are delivered to Growplay HQ pre packaged; we are unable to check the boxes prior to delivery to ensure that they contain all the required parts. While the missing part rate during packing is very low, some parts may also fall out in transit due to small, unintentional tears in their boxes.

Order cancellations

Orders that have not been dispatched from the Growplay Warehouse;

If the customer has made payment, and their order has not been dispatched, they may cancel their order for any reason and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges), subject to incurring a non-refundable cancellation fee.

Cancellation fees are:

- $15 for orders of accessories or replacement parts;
- $35 for orders of a full climbing and monkey bar frames

Orders that have been dispatched from the Growplay Warehouse;

If the customer has made payment, and their order has been dispatched – but not yet delivered by the designated courier – they may cancel their order for any reason and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges), subject to incurring a non-refundable restocking fee and covering any return freight fees.

Restocking fees are:

- $25 for orders of accessories or replacement parts;
- $75 for orders of a full climbing and monkey bar frames

Order returns

The customer may return their received order, if they have changed their mind on the purchase, and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges) within 14 days of receiving their order and only if the product packaging is unopened, subject to incurring a non-refundable restocking fee and covering any return freight fees. Not applicable if product was purchased via layby. 

Restocking fees are:

- $25 for orders of accessories or replacement parts;
- $75 for orders of a full climbing and monkey bar frames.

Faulty or defective products are covered by the Growplay Warranty policy , not this Order Returns policy.

Product Descriptions

We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided, including in relation to Product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.

Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to you.


a) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the Site without our prior written consent;
b) must not frame or embed in another website any of the material appearing on the Site without our prior written consent;
c) may store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and
d) may print hard copies of the content for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.


You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related companies without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

Pre-Order Reservation

When placing a Pre-Order with Growplay Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Growplay shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to info@growplaymonkeybars.com.

You acknowledge and agree that Growplay may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.

Payment
You will be charged the full Price of the Products at the time of placing the Pre-Order. Your placing of a Pre­-order constitutes your express agreement to Growplay of charging the full Price of the Products at such time.

Priority
GROWPLAY will build products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events

Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Growplay does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Growplay is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.

Price
The purchase price ("Price") includes taxes and other government charges. If the Price drops after you have pre-ordered, we will refund you the difference. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 10 days after you receive the item. To claim a refund for the difference, email us at info@growplaymonkeybars.com

Cancellation
You or GROWPLAY may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. 

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL GROWPLAY BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT GROWPLAY IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

Terms and Conditions of Sale
The purchase of the Products is subject to additional returns terms and conditions provided by GROWPLAY, including in respect of any design registrations or intellectual property embodied in the Products.

Changes to the Terms
GROWPLAY reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.

Lay-by Terms & Conditions (As of 5/04/2022)

  • A deposit must be made at the time of placing the order through the Layby app at the checkout.
  • Equal monthly payments are deducted automatically on the same day each month for the length of the layby contract. For example a 6 month lay by would be paid with 1 x 10% deposit of the total amount including shipping and 6 x equal monthly payments of the balance.
  • If there is insufficient funds in the account and payment can not be taken, Laybys will attempt again in 2 days time, followed by a third attempt in 5 days. If the payment is still unsuccessful it will cancel the layby automatically.
  • Cancelled layby contracts can not be reinstated and 10% of the total order amount will be forfeited. This 10% covers fees and charges received for processing the layby, warehousing and third party services. Any additional amount paid above 10% will be refunded in full.
  • It is the customers responsibility to ensure sufficient funds are available each month. Growplay does not send payment reminders. You will not be emailed by Growplay to be informed of missed payments.
  • Once a final payment or balance has been received it can take up to 7 days to fulfil the order. standard delivery times apply to all laybys. 
  • Cancellation for non-payment
    It is your responsibility to make the regular lay-by repayments by the due date. Failure to make payments when they are due will be treated as cancellation of the lay-by. Growplay monkey bars is not required to contact you before cancelling a lay-by for non-payment. If your lay-by is cancelled, you will be entitled to a refund of the amount you have paid, less a termination fee of 20% of the lay-by order value. 
  • PLEASE NOTE: Layby is set at the price advertised when placing the order. If there is a change in the price of any product(s) after you have placed your order, this does not change your outstanding amount and you are still required to pay the amount shown on your original lay-by invoice. However, you can choose to cancel your lay-by order, but you will forfeit 10%. This also applies to sales, special offers, and free giveaways including free shipping.
  • Laybys cannot be changed after 48hrs. When a layby is placed your goods are picked from the fulfilment centre and held in a low cost warehouse facility. Please allow additional 4 days delivery if paying laybys off off early. 


Where can I make payments?
Additional payments can not be made. If you wish to finalise the layby early please contact info@growplaymonkeybars.com referencing your order number and request in writing to pay the outstanding amount.

Pre order terms and conditions

If you cancel or discontinue your pre-order, you will forfeit 20% of the total order cost. Any additional funds received over 20% will be returned in full.

Pre orders are purchased with the understanding and acknowledgment that the items are not in stock and is a contract to purchase. delivery dates are an estimate only.

Discount codes and free issued gift cards can not be used on pre order products.

Pre order products can not be layby unless specified in the advertisement "LAYBY AVAILABLE".

Growplay does not offer compensation of any kind for pre order products being delivered after the advertised estimated date.

Product may have minor design changes including colour variation to that shown in the PRE ORDER advertisements and advertised product pages.

Growplay Review & Photo Competition

By submitting your photograph or video through the Growplay photo submission competition, you hereby agree to the following terms and conditions:

Growplay Monkey Bars shall have the irrevocable right to distribute any content provided by yourself or any and all of your dependents through this submission in conjunction with these terms both domestically and worldwide, where it shall remain thereafter.

Growplay Monkey Bars shall own all rights to any submission in perpetuity. By submitting your photograph or video, you agree that all ownership of copyright in the material supplied in conjunction with these terms shall remain with Growplay Monkey Bars exclusively. You agree that no remuneration shall be provided in conjunction with your submission.

By submitting your photograph or video, you hereby agree to waive any right to inspect or approve the finished product, including but not limited to any written copy that may be created in connection therewith or the use to which it may be applied. You acknowledge that Growplay Monkey Bars is under no obligation to use your submission.

By submitting a photo or video, you warrant that you have read these terms and conditions and your submission deems acceptance of these Terms and Conditions.

Mobile Terms of Service

Last updated: Oct. 13, 2023

The Growplay AU mobile message service (the "Service") is operated by Growplay PTY LTD (“Growplay AU”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Growplay AU’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Growplay AU through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Growplay AU. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Growplay or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Growplay AU mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Growplay or email info@growplaymonkeybars.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.