These Terms and Conditions govern:

• This Holey Moley website at https://www.holeymoley.co.nz/ (“this website”); and
• The provision of recreational activities, by Holey Moley Australia Pty Ltd, trading as Holey Moley (referred to in these Terms and Conditions as “Holey Moley”, “our”, “we” or “us”).

If you use this website and/or participate in the recreational activities provided by us, you are deemed to have accepted these Terms and Conditions.

We may modify or amend these Terms and Conditions from time to time by posting an updated version on this website (at https://www.holeymoley.co.nz/). By continuing to use this website or participating in any of our recreational activities, you consent to any such modifications or amendments.

You use this website at your own risk. To the fullest extent permitted by law, Holey Moley is not responsible for any loss, damage, mistakes or omissions that may occur from your use of this website.

Other website links may appear on this website, however we do not endorse any content on the linked sites, which are not operated or controlled by us.

Although reasonable care is taken to ensure that this website is free from virus, we do not accept responsibility for any viruses which may affect any material you download.

Price and availability information is subject to change without notice. Information on this website must be read in conjunction with promotional materials made available at the Holey Moley venues and in the event of inconsistency, the information set out in any promotional materials made available to you at our venues will prevail.

The copyright and intellectual property rights in all the contents and material on this website belong to Holey Moley.

You may not:

• Copy, reproduce, print, store or reproduce any part of this website for commercial gain or for any corporate or commercial purpose without our prior consent.
• Use this website in any way which it was not intended to be used by us.

You may:

• Copy, reproduce, print, store or reproduce any part of this website for personal use or for the personal use of a third party.
• Link to the homepage of this website with our prior consent.

Please e-mail us at [email protected] if you have any problems accessing this website or if you have any suggestions on how to improve this website or our online booking system.

Please refer to the Funlab Privacy Policy to see what personal information we collect, how we collect that information, and how we use and disclose that information. This privacy policy forms part of these Terms and Conditions.

Bookings for recreational activities at the Holey Moley premises operating at 204 Quay St, Auckland 1010, New Zealand and any other such locations operated by us across New Zealand from time to time (“our premises”) are subject to the terms set out below.

Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions. Where bookings of recreational activities are made on behalf of others who will be participating in the recreational activities, we will rely on the authority of the person making the booking to act on behalf of those participants and that person will bind all such participants to these Terms and Conditions.

To book a recreational activity with us, please follow the instructions on this website.

Please check the details of your booking are correct before you submit your booking. We will not be liable for any delay or non-performance of your booking if you provide us with incorrect information. Your booking is confirmed and a binding contract will come into existence between you and us as soon as we have issued and sent to you confirmation with the details of your booking. When you receive the confirmation, if you believe that any details are wrong or if you require any changes to be made, you should contact us immediately as it may not be possible to make changes later.

Payment can be made by Visa, MasterCard, cash or Electronic Funds Transfer. We also accept American Express – a 1.6% surcharge will be applied to all payments made by means of American Express. If you have not paid for your booking in full at the time of booking, you will need to pay in full on arrival before you commence the recreational activity you have booked.

• You should arrive at least 30 minutes prior to your reservation time to check in at reception and receive your putter, ball, scorecard and tee off time.
• Your reservation will state the play period allocated for your booking.
• If you or any guest in your group is late, your play period may be reduced and you may not have enough time to complete the activities purchased under your booking.
• If we encounter unforeseen technical issues, the start time stated in your reservation may be delayed, but we will ensure that your play period is not reduced as a result of the delay.
• Persons younger than 18 years of age, must be supervised by a parent or guardian. If you are under the age of 18, you will not be permitted in any Holey Moley venue after 5pm. We may deny you entry and/or ask you to leave our venue.
• We operate a “think 18” policy. If you appear to be under the age of 18, we may require you to produce identification to prove you are over the age of 18. For this purpose, we only accept the following forms of identification: Valid New Zealand Drivers Licence, International Passport or a +18 Haanz Card. Self-made ID cards with added moustache not accepted.
• If you show signs of intoxication, you will not be permitted in any Holey Moley venue. We may deny you entry and/or ask you to leave. Signs of intoxication may include your speech, balance, co-ordination and behaviour.
• No refunds will be given for a change of mind. This includes partial or full refunds.
• To change a booking, you can do so by calling our concierge team at least 24 hours prior to the booking, and is subject to availability and price. Guests may incur additional costs depending on the revised day/time/venue of the booking and be required to pay any difference on arrival.
• All bookings require a credit card / cash deposit be left at reception before the session starts. Upon return of Holey Moley property in its original condition, the card/deposit will be released.
• Any damage to Holey Moley property will result in you paying the repair and/or replacement fee.

• Only one player on each hole at a time.
• Each of the courses must be played in sequential order. (Big word? That means start at the first hole, then go to the next hole and so on….)
• Only Holey Moley equipment including putters and balls can be used on our golf courses. (Our balls are better than yours).
• You must immediately report any faults that you encounter to reception or if reception is unattended, to any other member of our staff. Do not try to repair any faults yourself. (Just because your mother says you’re technical doesn’t mean it’s true).
• If we are attending to a fault at a particular part of the golf course, you cannot play at that part of the golf course.
• Management reserves the right to refuse you entry.
• We do not accept any responsibility for any personal property that is brought to a Holey Moley venue.

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

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

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

1. Fair Play: any promotion which includes unlimited play is subject to our “Fair Play” policy (see below) which aims to give all customers a fair go at the activities on offer. We may ask you to move on to another activity for this purpose.
2. Manager’s discretion: the manager on duty reserves the right to allocate you to particular activities if reasonably necessary for any reason whatsoever.
3. End of play: once you leave our venue, the promotion automatically comes to an end and you will no longer have access to any of the activities purchased as part of the promotion, even if the play period allocated to those activities has not expired.

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

Activities which may be included in our promotions are as follows:

• Golf – 18 holes guaranteed, then subject to availability
• Karaoke - subject to availability, allotted in 30 minute segments

The manager on duty reserves the right to allocate patrons to activities.

Not all activities are included in every promotion - please check with our team at time of purchase.

Unlimited Play promotions are valid on the day of purchase only.

Unlimited Play offers are subject to varying finish times - please clarify with staff at time of purchase.

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

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

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

• Whether you face additional risks associated with your health condition; and
• Whether our recreational activities are suitable for you.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, NOTHING IN THESE TERMS OF CONDITIONS ARE INTENDED TO AFFECT THE RIGHTS AND REMEDIES AVAILABLE TO YOU UNDER THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 (CGA) AND THE FAIR TRADING ACT 1986 (FTA), UNLESS YOU ARE IN TRADE AND USING THIS WEBSITE OR OUR RECREATIONAL ACTIVITIES FOR BUSINESS PURPOSES, THEN YOU AGREE THE RELEVANT PROVISIONS OF THE CGA AND FTA WILL NOT APPLY.

The following are additional terms to that apply to the booking of recreational activities at our premises:

1. These Terms and Conditions are to be governed by the laws of New Zealand, the Courts of which shall have exclusive jurisdiction.
2. These Terms and Conditions govern the entire agreement between you and Holey Moley and, if any part or provision of these Terms and Conditions is determined by a New Zealand court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.
3. Subject to the provisions herein contained, you release, discharge and forever hold harmless Holey Moley, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities thereto. This release shall be binding upon your estate, and upon any legal personal representative appointed by your estate and may be pleaded by Holey Moley as a complete bar in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against Holey Moley or which may be brought against Holey Moley on your behalf. This release shall extend and shall apply to all conduct of any nature whatsoever of Holey Moley including, without limitation, the circumstances where the facilities pursuant to which the recreational activity takes place were not fit for purpose or because of negligence, breach of contract, statute or statutory duty by Holey Moley.
4. To the extent permitted by law we will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to these Terms and Conditions.
5. You affirm that you understand the scope, nature and extent of the risks involved in the recreational activity covered by these Terms and Conditions and that you are not under the influence of any drugs, alcohol, illegal substances or anything else which may impair your ability to safely engage in the recreational activity.
6. You acknowledge and are aware that the physical exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a preexisting physical condition.
7. You voluntarily, freely and expressly choose to incur all risks associated with engaging in the recreational activity and understand that those risks may include personal injury, property damage, and/or death to you or others.
8. You agree to pay the cost of and you authorise Holey Moley to take all steps it considers reasonably necessary to protect your welfare and the welfare of those in your custody or control in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
9. Persons younger than 18 years of age, must be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these Terms and Conditions on their behalf and you will directly supervise them at all times.
10. You must comply with these Terms and Conditions and the directions that are given by the Holey Moley staff. Holey Moley may, in its absolute discretion, suspend or cancel your participation in any recreational activity for non- compliance with this clause, or for reckless or careless conduct