By purchasing any products or services from Morgan, Julia and Co Pty Ltd (ACN: 653 440 307) trading as “GUERILLA BLASTERS” (“we”, “us”) you agree to the below terms and conditions of sale agree without exception:

Product Sale Aggrement

  • You acknowledge that a ‘Gel Blaster’ is a toy in the state of Queensland.
  • GUERILLA BLASTERS reserves the right to cancel, amend or vary any orders for product or provision of Dangerous Recreational Activities for any reason without notice.
  • You will provide information that is true, current, complete and accurate when placing any order for a Gel Blaster or related products and recreational activities through our store.
  • You will update any information that you have previously provided to us in the event of any changes that would render the previously provided information as being no longer true, current, complete or accurate.
  • You accept that any information that you provide to us for the provision of products or services will be governed by our Privacy Policy as detailed below and in accordance with the Information Privacy Act 2009 (QLD).
  • You warrant that you understand the local laws in the area of your residence regarding ownership, possession and use of a Gel Blaster product and you further acknowledge that you may need a permit to own a Gel Blaster depending on the state of your residence where you possess or use a Gel Blaster.
  • You affirm that you have taken all reasonable steps to ensure that you are aware of and in compliance with any local legislation that applies to you.
  • You acknowledge that GUERILLA BLASTERS will bear no liability for any loss damage or injury related to your purchase, possession or use of a Gel Blaster or related products and you accept that no compensation will be provided for any lack of due diligence on your behalf which results in confiscation or surrender of your Gel Blaster to authorities if you are not compliant with local legislation.
  • You acknowledge that a Gel Blaster is classified as a toy in the state of Queensland but are aware that this classification varies from state to state which may affect your right to purchase, possess or use a Gel Blaster outside the state of Queensland.
  • Any offer for any product or service made on this site is void if that product or service is prohibited in the jurisdiction where the order originated from or is intended to be fulfilled in.
  • GUERILLA BLASTERS reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You recognise that GUERILLA BLASTERS is not a firearms dealer and therefore has no ability to check the validity of any firearms permits that you may have and that for this reason GUERILLA BLASTERS reserves the right to not supply a Gel Blaster to anyone that resides outside the state of Queensland even if you claim to have a valid firearms licence.
  • You agree that GUERILLA BLASTERS is not liable for any damage, loss or injury, claim or any similar damages to yourself or third parties that results from your purchase, possession or use of a Gel Blaster or related products and recreational services.
  • You agree to store and use your Gel Blaster in accordance with local legislative requirements.
  • You agree not to modify any Gel Blaster purchased from GUERILLA BLASTERS in order to give it the capacity to fire ammunition as defined in the Explosive Regulations 2017 (QLD).
  • You acknowledge that if the Gel Blaster you are purchasing from GUERILLA BLASTERS closely resembles a firearm that such a Gel Blaster would be classified as a “Replica Firearm” in the state of Queensland, and you warrant that you have a “reasonable excuse” for owning a Gel Blaster of that kind.
  • You acknowledge that, although a Gel Blaster is currently legal to own as a toy in the state of Queensland, legislation can and does change over time and you therefore agree to keep yourself informed of and compliant with any changes in requirements that may affect your right to own a Gel Blaster or affect your obligations as an owner of a Gel Blaster and you agree to save blameless GUERILLA BLASTERS for any failures on your part to comply with any changing legislative requirements.
  • You agree that products and recreational services are provided “as is” and “as available” for your use and that no representations or warranties are made for fitness for any particular purpose.

Recreational Services Agreement

  • I, as the named player or parent/guardian of the named player(s), agree for myself, my executors, administrators, heirs, next of kin, successors, agents, attorneys and assigns:
    • not to make any claim or demand of any kind or institute any proceedings against GUERILLA BLASTERS for any injury, damage or loss of any kind whatsoever including, but not limited to personal belongings, vehicles, or death sustained by or occasioned by me in the course of or incidental to playing “Gel Sports”, being the game played at the property of GUERILLA BLASTERS at 19 Josephine St, Loganholme QLD 4129 using a Gel Blaster and associated products.
    • not to make any claim or demand of any kind for any injury or damage arising directly or indirectly from any act, omission, neglect or default of GUERILLA BLASTERS arising as a result of me being on or near the designated playing field area including any damage or injury that results from the supply of faulty or inadequate equipment.
    • to indemnify and save harmless GUERILLA BLASTERS, it’s directors, officers and employees, agents, servants, licensees and invitees for all loss, injury or damage which they or any of them may sustain by reason of:
    • any loss or injury suffered by me in the course or of incidental to playing the game of Gel Sports or arising or resulting from me being on or near the designated field playing area.
    • any loss or injury suffered by any other person whatsoever as a result of my neglect or wilful act or mission.
  • I acknowledge that Gel Sports is a Dangerous Recreational Activity which is defined in the Civil Liability Act 2003 (QLD) as being an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person and I hereby warrant that:
    • I am in good physical condition.
    • I have no physical or psychological disability, impairment or ailment which would prevent me from playing Gel Sports or would be detrimental to my health, safety, comfort or physical condition or the health, safety, comfort or physical condition of others while playing Gel Sports or while at or near the designated playing field area.
    • I accept that GUERILLA BLASTERS may make an assessment of any conditions or impairments that I have, and I also accept that GUERILLA BLASTERS reserves the right to disallow my participation in Gel Sports in the interests of my own safety and the safety of other players after making such an assessment.
  • I warrant that I am fully aware of the inherent and obvious risks involved in playing Gel Sports and I understand that there may be the possibility of injury to me including injury caused to me if equipment does not function properly. I understand that the risks involved in playing Gel Sports include, but not limited to: falling, tripping, contact or collision with other players or objects in the playing field area, heat or cold exposure, dehydration and exhaustion. I am aware that minor injuries such as sprains, bruising scrapes or cuts may result from playing Gel Sports. I also understand that major injuries are uncommon however playing Gel Sports may result in injuries such as but not limited to broken bones or fractures, torn or strained muscles, ligaments and tendons and concussions. I nevertheless assume all such risks.
  • I acknowledge that by signing this document, to the fullest extent permitted by law, the liability of GUERILLA BLASTERS shall be excluded in relation to any Dangerous Recreational Activities provided for any:
    • death
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury)
    • the contraction, aggravation or acceleration of a disease
    • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
    • that is or may be harmful or disadvantageous to me or the community
    • that may result in harm or disadvantage to me or the community
    • that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities.
  • I accept full responsibility for all equipment supplied to me, including equipment supplied during the day and:
    • I agree to cover the full cost of any or all material and or equipment that may be lost or damaged whilst in my care
    • I understand that if I do not return all equipment given to me that I will be liable to pay all charges including all legal costs
    • I acknowledge that equipment must be returned to staff at the venue and the act of leaving equipment unattended at the front counter at the end of my participation does not constitute acceptable return
    • I accept that any equipment not returned by me at the end of the day must be paid for. If I leave GUERILLA BLASTERS without returning all my equipment, then my details will be given to the police
    • I understand that only I am responsible for all my equipment being returned.
  • I undertake to play Gel Sports only in accordance with the safety instructions, rules and directions presented to me by GUERILLA BLASTERS and I accept that the rules of Gel Sports which I agree to follow also form part of this waiver.
  • I understand that failure to follow the instructions of GUERILLA BLASTERS, its directors, officers and employees, agents, servants, licensees and invitees will warrant my removal from the property.
  • I agree to wear and not remove my protective headgear whilst on or close to the Gel Sports playing area and I agree not to remove my protective headgear without the express permission of GUERILLA BLASTERS.
  • I accept that GUERILLA BLASTERS reserves the right to cancel, amend or vary any orders for product or provision of recreational activities for any reason and without notice.
  • I confirm that the information that I have provided is true, current, complete and accurate at the time of completing this form and I also agree to update any information that I have provided to GUERILLA BLASTERS in the event of any changes in circumstances that would render the previously provided information as being no longer true, current, complete or accurate.
  • I will not play Gel Sports under the influence of any controlled substances including but not limited to alcohol and/or drugs (prescribed or illegal).
  • I consent to receive any treatment at my own expense which has been deemed necessary by GUERILLA BLASTERS in the event of any injury, accident and/or illness to me during any activity.
  • I understand that GUERILLA BLASTERS has a ZERO TOLERANCE POLICY when It comes to any form of safety violations and accept that if I do not follow THE SAFETY RULES then my Gel Sports session will be terminated immediately without any refund. I understand that this is done for my safety and fully accept these terms prior to my participation commencing.
  • You agree that if any provision in this agreement is determined to be unlawful, void or unenforceable such a provision shall nonetheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed to be severed
  • In the event of severance of any provision in this agreement the validity or enforceability of any remaining provisions of the agreement shall not be affected.
  • You agree that the failure of GUERILLA BLASTERS to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
  • You accept that any ambiguities in the interpretation of this agreement shall not be construed against GUERILLA BLASTERS, and you undertake to contact GUERILLA BLASTERS before purchasing a Gel Blaster, related products and recreational services if you have any questions about this agreement.
  • You accept that this agreement shall be governed by the laws of Queensland.
  • You warrant and represent to GUERILLA BLASTERS that you have all necessary capacity, rights, power, and authority to agree to these terms and conditions and to perform your obligations, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other obligation.
  • You confirm that you have reached at least 18 years of age
    • I, as a parent or guardian of the player, acknowledge that I have reviewed the above terms and conditions which I understand and agree to and I hereby waive, release and indemnify GUERILLA BLASTERS from any liability for loss injury or death sustained or occasioned by the minor both now and at any stage in the future.

PRIVACY POLICY

  • You accept that in order to make the website, services or products available for use or purchase GUERILLA BLASTERS needs to collect and use certain information from the player and from you if you are the player’s parent or guardian.
  • You consent to GUERILLA BLASTERS collecting, storing and using your personal information as described in this privacy policy which includes “personal information” and “non-personal” information. “Personal information” includes information that may identify you and includes but is not limited to information such as your name, address, email address or payment information. “Non-personal information” includes but is not limited to information that cannot be used to identify you such as anonymous electronic data gathered by visiting our website, general demographic information and other general information you may submit to us when using our website, ordering our products or using our services.
  • You accept that when you visit the GUERILLA BLASTERS website certain information may be automatically retained about your device, web browser, IP address, time zone and the digital cookies that are present on your device. GUERILLA BLASTERS may also track actions that occur on the website and collect referring and exit pages as well as date and time stamps related to your use of the website.
  • You consent to GUERILLA BLASTERS collecting, storing and using your personal and non-personal information provided by you for the purposes of providing the Gel Sports recreational activity, for fulfilling orders for products and activities through the GUERILLA BLASTERS store or website, to respond to enquiries, offer support and communicate with you, to screen orders for risk of fraud or other illegal activity or to meet any legal obligations
    • you also accept that GUERILLA BLASTERS may use your personal and non-personal information for advertising and marketing purposes in line with your preferences that you have shared with us. You may at any time unsubscribe from marketing or advertising email communications from us either digitally via the ‘unsubscribe’ feature included in email communications and/or by contacting us directly to indicate your preferences.
  • You accept that as is necessary to complete any transaction or provide any service that is requested, GUERILLA BLASTERS may share your information personal and non-personal with trusted third parties, other trusted affiliates and any subsidiaries we rely upon to assist in the provision of services to you, including but not limited to entities such as Australia Post or other delivery services, insurance providers and other entities incidentally involved in the provision of products or services from GUERILLA BLASTERS.
  • You accept that when you place an order through the site, GUERILLA BLASTERS will retain your order information for our records unless and until you ask us to delete this information.
  • You accept that GUERILLA BLASTERS reserves the right to update, amend, change or vary this privacy policy from time to time in order to reflect changes to our operations or to meet other operational, legal or regulatory requirements.
  • You grant permission to GUERILLA BLASTERS to use photographs and/or video of you taken on or at GUERILLA BLASTER Skirmish fields in publications, news releases, online, and in other communications related to the mission of GUERILLA BLASTERS. I understand that I can revoke this permission by contacting GUERILLA BLASTERS to inform them that I do not wish for photographs or videos of me to be used in their publications, news releases or communications.

REFUNDS AND RETURNS

  • Without limiting your rights under Australian Consumer Law:
    • You accept that GUERILLA BLASTERS is not required to provide a refund or replacement for goods or services if you have a change of mind.
    • You accept that returned items that have been assessed as having only minor faults will be repaired or replaced at our discretion.
    • Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    • You accept that products that have been assessed as having a major fault may be eligible for a refund but will be subject to the assessment and approval GUERILLA BLASTERS.
    • You understand that you can choose to request a refund or exchange for an item if it has a major problem such as when
    • the item has a problem that would have stopped someone buying the item if they had known about it
    • the item is unsafe for use
    • the item is significantly different from the sample or description
    • the item doesn’t do what GUERILLA BLASTERS said it would and it cannot be easily fixed.
    • You accept that refunds for Gel Sports player bookings and products are not available for change of mind or if you failed to clearly explain your needs to GUERILLA BLASTERS prior to your booking.
    • You accept that without proof of purchase refunds, exchanges or replacements cannot not be honoured.
    • You accept responsibility for paying the costs of returning any item purchased from GUERILLA BLASTERS unless the item is damaged or defective from the manufacturer and in which case all shipping costs will be refunded.
    • You accept that to be eligible for a return for exchange or refund all items must be returned in the condition in which they were purchased with all accessories that came with the product and should be returned with the original packaging.
    • You accept that GUERILLA BLASTERS may request photo or video evidence to assist in the assessment of any faults.
    • You accept that any product that has been damaged due to user error, neglect, accidental damage, has been internally or externally modified or has not been used in accordance with the manufacturer’s intended use will void the product’s eligibility for return and warranty claim.
    • You accept that if a refund is approved GUERILLA BLASTERS will credit to your original method of payment and you will receive any credited amount within a certain amount of days which is dependant upon your payment issuer’s policies and operational circumstances.

SHIPPING POLICIES

  • You accept that all products and services provided by GUERILLA BLASTERS are provided “as is” and “as available.” If we do not have your selected products or services available for purchasing or use, we will attempt to contact you via phone or email in line with our Privacy Policy to inform you of the circumstances.
  • You consent to GUERILLA BLASTERS contacting you with the information you have provided if there are any issues with billing information, shipping information or if products and/or services are out of stock or unavailable.
  • GUERILLA BLASTERS typically ships orders for products within 14 business days however you accept that shipping for orders that include out-of-stock products may be delayed for a reasonable period of time to allow for more stock to arrive to fulfil your order.
  • If GUERILLA BLASTERS does not foresee stock being available in a reasonable period of time you agree to GUERILLA BLASTERS refunding the out-of-stock item(s) and dispatching the remainder of the order for products and services.
  • You accept that items shipped from us may incur reasonable delays in transit or become lost. We replace items lost in transit which have been dispatched from our store. To qualify for such a replacement, you agree to provide confirmation from Australia Post or the responsible delivery services that verifies the particular items are in fact lost and not merely delayed.

Family Domestic Violence Policy

  • GUERILLA BLASTERS is committed to providing a working environment and a Gel Sports play environment that is safe and supportive of staff and customers who may be experiencing the effects of domestic or family violence.
  • This policy applies to all staff working for GUERILLA BLASTERS and customers playing Gel Sports at GUERILLA BLASTERS’s facilities.

Definitions for Family Domestic Violence

  • Except as otherwise specified in this Policy, the meaning of terms used are as follows:
  • Domestic and Family Violence: As defined in the Domestic and Family Violence Protection Act 2012 (Qld), domestic and family violence means behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that:
    • is physically or sexually abusive
    • is emotionally or psychologically abusive
    • is economically abusive
    • is threatening
    • is coercive
    • in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.
  • Relevant Relationship: As defined in the Domestic and Family Violence Protection Act 2012 (Qld), relevant relationship means:
    • an intimate personal relationship
    • a family relationship
    • an informal care relationship.
  • GUERILLA BLASTERS recognises that domestic or family violence is not tolerated in society and that its staff and customers affected by domestic or family violence may suffer significant physical and/or emotional trauma, loss of work opportunities and disruption to their lives. GUERILLA BLASTERS is committed to promoting the health and safety of its staff, in the workplace and for customers in the Gel Sports playing environment.
  • GUERILLA BLASTERS recognises any person can be affected by domestic and family violence and that the impact of violence is not restricted only to private life and that its impacts can extend to the workplace and disruption to their lives.

Organisational Support

  • GUERILLA BLASTERS will assist staff and customers experiencing the effects of domestic and family violence with the aim of supporting their continued participation in employment and for customers in the Gel Sports playing environment to ensure they are not disadvantaged.
  • GUERILLA BLASTERS will provide this support by taking all reasonable steps to:
    • coordinate existing support services available to staff and customers
    • providing flexible application of work arrangements for staff and the Gel Sports play environment
    • ensuring that staff or a customer do not make direct contact with an alleged perpetrator
    • co-operate with Police/Legal orders
    • protect staff and customer health and safety when at the GUERILLA BLASTERS workplace and facilities
    • encourage staff to realise the importance of early detection of domestic and family violence issues with staff and customers
    • offer any other support, measures or adjustments that are able to be offered by GUERILLA BLASTERS, in the circumstances.
  • GUERILLA BLASTERS seeks to create an environment where staff and customers feel comfortable and safe in coming forward to disclose domestic and family violence and in requesting, they not come into contact with the alleged perpetrator and in the case of staff have access to leave and other support.
  • A staff member who experiences situations of violence and abuse in their domestic or family life that may adversely impact on their attendance and/or performance in their employment at GUERILLA BLASTERS will not be disadvantaged.

Confidentiality

  • Any disclosure to GUERILLA BLASTERS or request for support made by a staff member or a customer who is experiencing domestic and family violence will be dealt with on a confidential basis. All personal information given in relation to situations of domestic and family violence will be kept confidential. No information will be kept on a personnel file without their express permission.
  • Personal information provided by staff or customers to GUERILLA BLASTERS concerning issues of domestic or family violence will be used solely for the purpose of assessing that individual’s needs and determining and applying any appropriate support mechanisms as required and agreed between GUERILLA BLASTERS and the staff member or customer.
  • GUERILLA BLASTERS staff member or customer will not be victimised or otherwise subjected to detrimental action as a consequence of that person raising, providing information about, or otherwise being involved in the support for an individual experiencing domestic or family violence.

Potential Breach of GUERILLA BLASTERS Policy

  • GUERILLA BLASTERS does not tolerate domestic or family violence and prohibits this violence being perpetrated in, or from, the workplace and Gel Sports playing environment. GUERILLA BLASTERS will not tolerate the misuse of GUERILLA BLASTERS resources to engage in behaviour that threatens, harasses, victimises or abuses another person. Behaviour of this nature may be a breach of the GUERILLA BLASTERS respective employment policies, Gel Sports playing environment policies, as well as a criminal offence and/or breach of any relevant and applicable protection orders.
  • If a staff member or player is observed, or suspected of, perpetrating domestic or family violence in, or from, the workplace or Gel Sports playing environment, GUERILLA BLASTERS has a responsibility to undertake appropriate action which would include reporting such behaviour in accordance with the relevant GUERILLA BLASTERS policies.
  • GUERILLA BLASTERS encourages all staff and customers to confidentially disclose to their supervisor as relevant any allegations of, or court proceedings involving, domestic and family violence orders in which they are the respondent to ensure reasonable adjustments to work and the Gel Sports playing environment may be made as well.
  • Where a perpetrator and the person subjected to the domestic or family violence are either staff or a customer of GUERILLA BLASTERS, consideration will be given to alternative work or Gel Sports playing arrangements to ensure the safety of all parties.
  • GUERILLA BLASTERS reserves its rights to evict any person from their premises for breach of this Family Domestic Violence Policy and have Queensland Police Service attend if necessary.

Guerilla TECH Warranty Policy

  • A repair, basic modification or upgrade of a Gel Blaster performed by Guerilla TECH (a division of GUERILLA BLASTERS) that we sell to you, or you provide to us will carry a warranty period of 30 days.
  • A full build of a Gel Blaster that we sell to you will carry a warranty of 90 days (3 months).
  • A Custom-made blaster will carry a warranty period of 90 days.
  • A custom Gel Blaster consists of the criteria listed above, with the addition of the Gel Blaster being purchased from, and supplied brand new by, GUERILLA BLASTERS to Guerilla TECH.
  • ANY parts, new or second hand, supplied by you, the customer, will not be covered under this warranty schedule.
  • Qualification of warranty to be agreed upon by you and GUERILLA BLASTERS prior to the commencement of work by Guerilla TECH.
  • All parts covered under this warranty schedule to be listed in full on job card.

Warranty claim process

  • Customer to contact Guerilla TECH directly regarding any issue with product modified by Guerilla TECH.
  • Guerilla TECH will perform warranty inspection on the Gel Blaster to ascertain if issue is related to warrantied parts.
  • If issue is found to be caused by warrantied parts and/or technician error, Gel Blaster will be repaired at no cost to you, the customer.
  • If inspection finds that issue is not related to warrantied parts, repair quote will be supplied to you, the customer, and a $37.50 inspection fee will be included in any quote, or payable upon collection of unrepaired Gel Blaster.
  • If a Gel Blaster is returned for warranty claim and no fault in workmanship or parts can is found on inspection by Guerilla TECH, i.e., blaster is in perfect running order, a fee of $75 will be payable by customer upon collection of blaster.

Warranty Period

  • Warranty period commences from the date Guerilla TECH notifies the customer of job completion.
  • If customer fails to collect a Gel Blaster within the qualifying 30-day warranty period, a Gel Blaster will be returned to customer upon payment of all charges with no warranty.
  • If you, the customer fails to collect a Gel Blaster within six (6) months of notification of completion of job, the Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.
  • Guerilla tech reserves the right to cancel any warranty pending certain circumstances including but not limited to:
    • ANY evidence of tampering/alteration to a Gel Blaster by customer
    • Removal of any screws, including all external shell screws
    • Any external modification undertaken by customer that could potentially alter the performance or reliability of blaster
    • Any untoward or abusive behaviour towards any staff onsite, verbal or otherwise.
I acknowledge that I have read these terms and conditions by checking the tick box before payment for products or services provided by GUERILLA BLASTERS.