Terms and Conditions – Project Rock

TERMS & CONDITIONS

DEFINITIONS

PROJECT ROCK is an abbreviation for Rock Climb Asia Sdn. Bhd. which is generally used to address our corporate services.
PROJECT ROCK is defined as an indoor rock climbing centre and includes all facilities, amenities and activities contain therein.
CUSTOMER is a term used to address our patrons using the online booking service/facility.
TRANSACTION is referred to as the process of purchasing PROJECT ROCK pass(es).
For the avoidance of doubt, “we”, “our”, “us” and “PROJECT ROCK ” as used in this page means Rock Climb Asia Sdn Bhd.

TERMS & CONDITIONS

This page explains the terms and conditions you are agreeing to when you use PROJECT ROCK’s online booking facility. Please read these terms and conditions carefully. By using the online booking facility, you agree to abide by the following terms and conditions. If you do not accept any of these terms and conditions, please discontinue your access of this online service immediately. We may change these terms from time to time without prior notice. Changes will apply to any subsequent transactions. You are expected to check this page each time before you make a transaction and your continued access to or use of the PROJECT ROCK online booking service after any such change shall constitute your consent to be bound by the revised or updated terms and conditions.
Online pass is PROJECT ROCK’s electronic booking (or online payment) facility which enables our customers to purchase PROJECT ROCK passes from their desired location utilising internet connection.
By using this online booking facility, you represent and warrant that you are of the age of 18 years old or above, are of sound mind, and are not disqualified from contracting by any law to which you are subject.
By purchasing more than one pass, you warrant and represent to PROJECT ROCK that you act as an agent to the other pass holders, and undertake to bring their attention to the terms & conditions.
The parent/guardian understands that it is their responsibility to ensure compliance with the terms & conditions by themselves and the minors under their care, and warrants that they will take all reasonable effort to ensure that they do not breach their duty of care towards the minor(s).

DISCLAIMER

PROJECT ROCK offers self-directed rock climbing after CUSTOMERS are oriented and oftentimes, a risk of a certain activity depends on the attitude and aggressiveness of the person participating in the activity. Therefore, it is inevitable that there will be inherent risks which comes part and parcel with participating in such activities. By admission to PROJECT ROCK, you warrant and represent that you are aware of such risks and will take all reasonable and necessary precaution in avoiding them.
This online booking facility is to be used for the purchase of PROJECT ROCK pass (es) and associated activities. PROJECT ROCK is providing this facility as an alternative mode of purchasing pass(es) and except as and to the extent imposed or provided by law which cannot be excluded by contract, PROJECT ROCK makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, products or services included in this site and in no circumstances shall PROJECT ROCK or any of its employees be liable for any loss, costs or damages of any kind whatsoever and howsoever arising suffered as a result of any use of this facility.
Admission to PROJECT ROCK is subject to PROJECT ROCK’s House Rules and Regulations, which are located at the entrance of the Climbing Centre.
We may, without prior notice and without refund or compensation or any liability, close PROJECT ROCK or any part of it temporarily, and/or restrict admission to PROJECT ROCK and/or change the operating hours and facilities at our discretion.
In so far as is permissible by applicable law, we shall not be responsible and shall not assume any liability for death, personal injury or any damage to or loss of the property or belongings of any guests and accordingly, by accepting admission, you agree to release PROJECT ROCK and its related corporations and associated companies from all liability and responsibility for any loss, or damage which you may incur.
We reserve the right to refuse or expel any person whose conduct is objectionable or prejudicial to safe operation of the rock climbing centre.
The pass holder agrees that PROJECT ROCK shall have the right to expel, without any liability to make any refund in respect thereof, if PROJECT ROCK reasonably determines the pass holder to have breached or is attempting to breach the conditions under which this pass was issued, including without limitation, restrictions against unauthorised resale of this pass.

GENERAL

In order to perform an online booking transaction, you’ll have to select the day of your entry or register as a member on PROJECT ROCK’s website.
All internet purchases are confirmed purchases.
To the extent permitted by law, any request for refunds or cancellations will not be entertained, and refunds will not be given for any cancellations or change of date for the passes purchase due to weather conditions.
Change of visit date is allowed at least one day in advance for ‘Family & Friends’ passes (and at least 2 days in advance for ‘Corporates & Associations’ and ‘School Groups’ passes), however there will be additional charges involved.
Change of visit date is only allowed for all persons within each online transaction (e.g. change in visit date for 2 persons out of 5 within one online booking transaction is not allowed; it must apply for all 5 persons).
Passes purchased are only valid for that selected day only.
All PROJECT ROCK House Rules and Regulations are applicable for online booking patrons while they are in the climbing centre.

ONLINE BOOKING

The online booking system will produce a unique passcode that shall be used for the customer’s entry to PROJECT ROCK on the day(s) of their play.
Pass visit dates may be amended by customers with an administration fee in all cases, per pass. Change of visit date must be made at least one day in advance for ‘Family & Friends’ passes and at least 3 days in advance for ‘Team Building’ and ‘School Groups’ passes. Should there be an increased price variance this value must also be paid by the customer. Should a visit be changed to a later date, no discounts or refunds shall be applicable.

RECEIPT

The online booking system will provide a receipt including the passcode and this should be kept safe by the customer. The customer must take the necessary action to keep their passcode private.

PROJECT ROCK’S PRIVACY POLICY

By using PROJECT ROCK’s online booking facility, you consent to the collection and use of your personal information, including biometric data such as facial recognition, in accordance with PROJECT ROCK’s Privacy Policy as set out at https://www.projectrock.com.my/privacy-policy-3/. Though the policy has been developed to take account of changes in Internet technology, it is subject to change and any such changes will be notified on this page.
Credit card information given is only retained for the purpose of the transaction.
When you perform any online booking transaction from PROJECT ROCK’s website, your computer automatically accesses a small piece of code on PROJECT ROCK’s server (a ‘server-side cookie’) which enables the web pages to be displayed correctly. This cookie is not saved on your computer and is only used for the duration of the session.
If you are using a web browser set to high security you may experience difficulties using this facility.
When you use a link from PROJECT ROCK’s website to another website, PROJECT ROCK’s Privacy Policy is no longer in effect. Your browsing and interaction on any other websites is subject to that website’s own rules and policies.

PROJECT ROCK HOUSE RULES

Follow all the instructions given to you by our staff.
Comply with instructions provided via signage, lights, safety briefing, recorded message, or other indication. Failure to comply with the climbing centre house rules may cause injury to yourself and others.
Guest safety is our top priority. The centre carries out daily checks prior to opening to the public and is audited internally on a monthly basis. The centre is also inspected and certified for safety by an independent auditor annually for compliance to international standards.
While the management take measures to ensure customer safety, it is not possible to eliminate risks totally as the centre is physical in nature. We and our management cannot be held responsible or liable for any accidents.
We reserve the right to deny any person admittance to the centre without providing a reason. Additionally, we reserve the right to require a person already admitted to the centre to leave (without refund or compensation) for any reason, including but not limited to, failure to comply with any of the safety rules or for offensive or dangerous behaviour.
We will use our best endeavours and exercise all reasonable care in providing safe attraction sites, unless it is prevented by circumstances beyond its reasonable control to do so.
We will not be liable to the customer for any loss, damage, costs, expenses, or other claims for compensation arising from any incomplete, incorrect, or inaccurate information or instructions supplied by the customer.
We will not be liable to the customer by any reason of any delay or failure in providing the purchased services, in accordance with the contact, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause(s) beyond our control, or for such reasons as may be deemed reasonable and necessary by us.
Parents are obliged to supervise their children at all times. Children of age 12 and below must be accompanied by an adult to gain admission. Guests may be required to provide ID for verification purposes.
It is recommended that valuable items are not brought into the centre. We and our management cannot be held responsible for any loss of property within the centre whether stored in lockers or not.
Passes purchased are only valid for the specified visit date. Pass purchases are non-transferable, non-exchangeable, and non-refundable to the extent permitted by law. A change of visit date is allowed only if made online. Changes are subject to additional charges and availability.
We reserve the right, as circumstances dictate, to change the operating hours of the centre, or close the centre or any part of it temporarily, or restrict the number of persons having access to the centre.
Except as and to the extent mandatorily implied or imposed by statute, we make no representations or warranties of any kind (whether express or implied) and in no circumstances shall we be deemed to have made any representation or warranty or be liable for any loss or damage of whatsoever nature that you may suffer.
Pets and other animals are not allowed into the centre.
Smoking is forbidden within the centre
Certain attractions may not be suitable for guests who are less physically able, or have certain medical conditions. If in doubt, please check with your doctor.
Certain attractions require you to be a competent rock climber. Refrain from participating in these activities if you have doubts of your ability.
Certain facilities have height requirements irrespective of age.
The centre captures moments of fun and this includes photography and videography of guests within the centre. By entering the centre you provide your consent for your image to be shared on the PROJECT ROCK website, Facebook page, and in other media produced.
Please note that photography, videotaping, or recording of any kind for commercial purposes is not permitted without prior written approval.
For safety reasons it is imperative that your hands remain unobstructed. Loose items such as, but not limited to, mobile phones and cameras with a wrist strap, are not permitted to be used at any time while climbing.
The use of securely fastened Go-Pro® type action cameras for personal image and video capture is allowed in the centre on the basis the operator is liable for any injury and/or loss to themselves or other guests. We cannot be held liable for any injuries caused by their use either to the operator or other guests.
Please note that clothing and jewellery that have the potential to cause entanglement to the guests or damage to equipment are not allowed on some of the facilities
No glassware, firearms or weapons or hazardous materials are allowed into the centre.
By purchasing a pass or entering the centre, you are agreeing to the above.

GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of Malaysia excluding its conflict of rules and principles.

LIABILITY WAIVER

In consideration of Rock Climb Asia Sdn Bhd (including the company’s employees, directors, agents, subcontractors, licensees, associates, assignees, or any other entity recognised by Rock Climb Asia Sdn Bhd, hereinafter referred in as “PROJECT ROCK”) consenting to the participation of its events, facilities and services, I (the undersigned, for myself and on behalf of my group members, friends, crew, guests, accompanying minor(s), successors in title, permitted assignees [family and friends] and legal representatives) acknowledge, agree, and undertake the following by purchasing PROJECT ROCK passes or entering PROJECT ROCK’s premises:

I acknowledge that I am aware of the inherent dangers and risks involved by participating in PROJECT ROCK’s facilities and services, and that my participation is voluntary.
I represent and warrant to PROJECT ROCK that I am at least 18 years of age, acknowledge that I owe duty of care towards any accompanying minor(s), and warrant to take all reasonable effort to ensure that the minor(s) comply with all the terms and safety instructions.
I acknowledge that minor(s) are exposed to a higher level of risk and thus, require extra care and protection from their respective guardian/parents.
I acknowledge that PROJECT ROCK reserves the rights to refuse entry at any time in the event that I am required to do so, and I shall do so promptly.
I shall undertake to indemnify PROJECT ROCK from any and all payments, expenses, costs, and legal fees resulting from any claims and liability with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from participating in PROJECT ROCK’s facilities and/or services or my own negligent or reckless behaviour and actions.
I agree that I shall be solely responsible for all my belongings. I shall not hold PROJECT ROCK responsible for any losses.
I agree to comply with PROJECT ROCK’s terms and conditions, and obey all of PROJECT ROCK’s house rules as well as all safety instructions, verbal and written, including any alterations and amendments to them.
I acknowledge and consent to PROJECT ROCK and its affiliated advertising and/or marketing agencies to take, use, and/or reproduce photographs and films of myself for any purposes deemed suitable by PROJECT ROCK.
I represent and warrant to PROJECT ROCK that all details and particulars herein and/or given at any time to PROJECT ROCK is true and correct.

I have read this liability waiver, fully understand its terms, understand that I have given up substantial rights by selecting this checkbox, and do so freely and voluntarily without any inducement.