Membership Agreement

All access to 1UP Arcade (including day-pass access) is membership-based, regardless of duration, and is governed by this Agreement, which incorporates the following Terms and Conditions of Membership & Entry and the Privacy Policy.

Accepting this Agreement does not automatically entitle you to access or membership, as applications are subject to further review by 1UP Arcade.

1UP Arcade reserves the right to change, amend or update this policy at any time without notice.

Your membership permits you to access the 1UP Arcade premises, facilities, equipment and services as defined and/or limited by this agreement and your membership duration. Only public areas of 1UP Arcade are open for access by members. Staff-only areas and equipment are not available to members unless individually authorised by a qualified staff member.

Payments and Fees

All membership types must be paid in advance either directly for immediate activation ('in-store') or through our gift certificate programme. No access will be granted to any member, non-member or visitor who does not have an active, fully paid membership.

You agree to pay all fees as set out in this Agreement when necessary or required. The current amounts for all fee types are available in-store or online unless otherwise listed below.

• Day-Pass Membership Fee
• Weekly (7-day) Membership Fee
• Monthly (30-day) Membership Fee
• Quarterly (90-day) Membership Fee
• Membership Card Replacement Fee ($5.00)
• Bank Dishonour Fee or Chargeback Fee ($30.00)
• Breakage Fee (see Equipment section)

All fees are in Australian Dollars (AUD)

1UP Arcade reserves the right to change the membership fees at any time, or to provide discounted membership types as a part of a promotion or other special marketing event. Existing members are not entitled to retroactive discounts or reimbursements on active memberships for any fees already paid.

Minimum Age

Minors aged under 14 must be accompanied at all times by a parent or guardian over the age of 16.

Minors aged under 16 must have their parents consent to apply for memberships greater than a sigle day-pass.

Minors aged under 18 may not be entitled to access all game titles. Titles restricted by age classification or reasonably defined by 1UP Arcade as unsuitable for children will not be made available to minors without the ongoing, in-person consent of a parent or adult-age guardian.

Staffed access

Members may only access the 1UP Arcade premises, equipment and facilities during staffed business hours as outlined on our website. No unsupervised or unstaffed access is permitted at any time on any Membership type.

Members are permitted in any public or member-only areas during business hours when they hold a valid membership or day-pass. Staff-only areas are not open to members.

Access by Non-Members

1UP Arcade maintains a public area outside of the main arcade floor whereby visitors, parents, guardians and spectators may wait without paying an entry or membership fee. Some paid facilities and services are available to visitors (such as food and drink).

1UP Arcade also allows special spectator-only access to visitors who are not playing but wish to accompany a member onto the main arcade floor. Non-playing spectators will receive a tamper-proof wristband which must be visible at all times. Wrist bands which are soiled, damaged, cut or otherwise tampered with are considered invalid.

Non-playing spectators are subject to this Agreement as it pertains to access, conduct, safety and risk.

Any non-member who is observed playing, or is reasonably suspected of playing, any of the machines on the arcade floor will be required to leave the membership-only areas or pay for membership to continue playing.

Check-in, Check-out and Pass-outs

Members are asked to check-in when they arrive at 1UP Arcade and check-out upon leaving. All members (excluding day-pass holders) are issued an Access Card with a unique barcode. This card, once activated and issued, can be used to check-in and -out electronically.

The membership card may also be used to review your membership expiry online.

Day Pass holders receive a receipt as a proof of purchase in addition to a coded hand-stamp for pass-outs. Day-pass holders are asked to check-in and -out without scanning the barcode.

Staff are available to assist all visitors with the checking procedure.

Check-in and check-out only takes a second, and helps 1UP Arcade keep a track of numbers during emergencies as well as improve provision of services during busy periods.

Physical Condition

Members are required to use their own judgement when using equipment. It is their sole responsibility to ensure the use of any and all equipment and facilities does not adversely affect any medical conditions they may have.

Members declare that, to the best of their knowledge, they do not have any physical, medical or other disability or condition which may be affected or aggravated by their use of the 1UP Arcade equipment, facilities or services.

Members are also required to ensure that their physical condition does not adversely affect the ability for other members to access and enjoy the equipment, facilities and services 1UP Arcade provides.

1UP Arcade reserves the right to eject an individual from the premises if their physical condition or conduct is deemed to negatively impact others.

1UP Arcade is a non-smoking venue and requires casual attire or better, including footwear, at all times.

Video and Audio Surveillance

For security purposes, 1UP Arcade maintains a closed-circuit video and/or audio recording system. Members and visitors acknowledge that by accessing the 1UP Arcade property that they will be subject to security surveillance for the duration of their visit.

Video and/or Audio recording is limited to the public and staff areas of 1UP Arcade only, and is not present inside the walls of the toilet facilities.

Equipment

Members acknowledge that 1UP Arcade provides recreational and entertainment services only, and that 1UP Arcade may not be held responsible for defective or out-of-service equipment.

Members also agree to treat the equipment and facilities with respect, and take care not to damage or break any parts or aspects of the arcade machines or their housings.

The main arcade floor of 1UP Arcade is a non-food and non-drink area.

Liability for property

1UP Arcade is not liable to you for any personal property which is lost, stolen or damaged while on or around the 1UP Arcade premises.

Any member who misuses, breaks, defaces or otherwise damages any 1UP Arcade equipment will be required to pay a Breakage Fee to cover the cost of repairs and/or the reasonably calculated cost of down-time. This fee may be escalated to a legal claim against you (if necessary) to recoup losses emanating from your misconduct.

Release and Indemnity

You use the facilities and equipment provided by 1UP Arcade at your own risk and acknowledge any and all risk of injury, whether caused by you or another party. By accepting this Agreement you agree that 1UP Arcade will not be liable for any death, personal injury or illness received or sustained on 1UP Arcade premises, or from using our facilities or equipment.

This release does not apply if your death or injury results from gross negligence on our part.

Cooling Off Period

1UP Arcade provides the following cooling off periods from the date of the associated membership purchase:

• Day Pass - None
• Weekly - 1 Business Day
• Monthly - 7 Business Days
• Quarterly - 10 Business Days

A request for termination of membership during the Cooling Off Period must be made in-person at 1UP Arcade.
If the termination is accepted, 1UP Arcade will refund the calculated unused portion of the membership back via the original payment method. No refund may be paid out to a different account or by alternative means.

Membership Cancellation

Excluding the Cooling Off Period, 1UP Arcade does not offer refunds on Memberships.

All memberships (including day passes) may be credited or deferred if a significant event outside of the control of 1UP Arcade prevents the use of equipment or facilities for a prolonged period of time (eg: blackout). 1UP reserves the right to substitute this credit or deferral (or any part thereof) with any equivalent voucher or promotional discount of equal value.

Membership Termination

1UP Arcade reserves the right to terminate any membership at any time on the following basis:

• concern for the health or safety of the member
• harmful or improper conduct by the member
• 1UP Arcade reasonably suspects you are engaging in illegal activity on 1UP property
• you fail to abide by the terms of this agreement
• the membership is being misused or abused
• the membership is being shared
• the membership was created using false information
• the membership payment failed, was dishonoured or charged-back by the bank

In the event of a membership termination by 1UP Arcade, you will be notified of the termination by email or phone and/or upon your next visit. Excepting reasons where the member was not at-fault for the termination, no refunds will be given.

Membership Transferral

Memberships with at least one (1) month of active time remaining before expiry may be transferred to another individual. This requires the express consent of both the original membership holder and the recipient, both of whom should be present at the time of the transfer. Transfers can only be completed in-store.

Due to the complexity of transfers, members may only elect to transfer a membership once. This process is permanent, non-reversible and may not be transferred again.

Membership Holding

Memberships with at least one (1) month of active time remaining before expiry may be placed on hold. Membership holds are reserved for cases such as:

• unforseen injury or illness
• extended holidays
• overseas military deployment

Other reasons for a membership hold may also be considered on a case by case basis. Memberships can be held for no longer than 3 months at a time, and may only be put on hold once per membership period.

Risk Warning

1UP Arcade warns that while you are on our premises, you are at risk of suffering physical harm or personal injury including disability or death from the following events:

• slipping on wet floors
• colliding with equipment or other members
• engaging in strenuous or stressful activities
• incorrect use or mishandling of equipment
• over-excitement

This list of potential hazardous events is not complete, and other risks may be present during your visit(s) as a result of your actions or the actions or failures of action of others.

You acknowledge and accept that while 1UP Arcade takes every reasonable precaution to protect its members from harm, there are inherent risks involved in participating in a high-energy recreational and entertainment activity. You agree that you are participating voluntarily at your own risk.

Availability

1UP Arcade allows the purchasing of memberships via gift certificates in-store.

Gift Certificates can be made out to any whole value of any membership type including:

• Day Pass
• Weekly
• Monthly
• Quarterly

Gift Certificates cannot be made out for any other values or used as part-payment towards memberships.

Gift Certificates must be activated and filled out by a staff member with the full details of the membership type at the time of purchase.

All memberships are subject to acceptance of the Membership Agreement (above).

Redemption & Activation

Gift Certificates are valid for 12 Months from the date of purchase and can be redeemed at any time in store before this date. Valid only at 1UP Arcade Australia.

The membership period granted by the certificate may be:

• redeemed for a new membership
• used to extend an existing membership or reactive a lapsed membership

The membership period begins on the date of activation. Upon activation of the membership, the Gift Certificate becomes invalid can may be kept by the new member for sentimentality of the gift, or disposed of. Gift Certificates are single-use only.

Gift Certificates are not redeemable for cash.

Memberships (excluding day passes) require the completion of a sign-up process.

Validity & Acceptance

Only original Gift Certificates are accepted. Copies, photos and other reproductions are not acceptable and will not be honoured. Gift Certificates which are not active within the 1UP Arcade computer system and/or do not appear as activated on our records will not be honoured.

1UP Arcade reserves the right to refuse a Gift Certificate which appears soiled, damaged or otherwise tampered with.

Lost, stolen or destroyed Gift Certificates will not be reissued. Gift Certificates redeemed without authorisation will not be refunded or reissued. Gift Certificates should be treated like cash.

Returns

Gift Certificates may be returned for refund by the original purchaser within 10 business days with a valid receipt. Refunds will be processed back by the original payment method. Refunds cannot be made to alternate bank accounts or via alternate methods.

The gift recipient may not have the Gift Certificate refunded and may only redeem it for the nominated membership. Memberships redeemed by Gift Certificate may not be subsequently cancelled and refunded to the gift recipient and are not subject to Cooling Off Periods.

Copyright and Trademark Ownership Notice

The 1UP Arcade name, logo, logotype and combination mark, including all related icons, mascots and artworks are the properties of 1UP Arcade Pty Ltd Australia. All other marks, names and logos mentioned or reproduced herein are the property of their respective owners.

Errors and Omissions

The 1UP Arcade website and its social media accounts may contain information, advice, text, photos and/or other materials that are provided for the convenience and enjoyment of its visitors. 1UP Arcade takes every reasonable precaution to ascertain and maintain the accuracy of this information, but makes no representations to as to the completeness or reliability of any information provided and accepts no liability for the outcome(s) of action taken based on that information.

Force Majeure

1UP Arcade shall not be liable for any loss or damage directly or indirectly arising out of or in connection with any failure resulting in the inability for 1UP Arcade to fulfil its duty to provide services where such a failure is outside of our control (for example, Acts of God).

Whereby a major disruption of services affects a member or membership, 1UP Arcade will endeavour, within reason and the discretion of staff, to compensate affected individuals on a case by case basis.

Free Gifts, Discount Promotions and Competitions

1UP Arcade regularly runs promotions and giveaways where a membership or special item may be discounted, included free with another purchase, provided at no cost or given as a prize.

All promotions and prizes are provided without warranty and may be subject to additional terms and conditions which form a part of the rules of entry or conditions of use.

All discounts, promotions and competitions are available for a limited time only. Unless otherwise specified, withdrawn or extended, these events/offers end within 30 days of their commencement or issue.

Entries or redemption attempts for expired promotions, discounts and competitions will not be accepted or honoured.

Tax

1UP Arcade is required by law to collect 10% goods and service tax (GST) on behalf of the Australia Taxation Office. All of the prices listed online and in-store are inclusive of GST and will appear on your tax invoice.

User Content

1UP Arcade may allow users to post content to the 1UP Arcade website, or to its associated Social Media platforms. These submissions may include reviews, questions, comments, photos and other content.

By submitting original content to these websites or platforms, you automatically agree that 1UP Arcade may use, reuse, reproduce and represent this content in any way it sees fit and in any media, without any particular time limit and without the payment of any fees. Additionally, you grant 1UP Arcade the right to the name under which the content was submitted in conjunction with said content for promotional purposes.

1UP Arcade reserves the right, at their sole discretion, to refuse, edit or remove any content that it deems objectionable in any way, including vulgar, obscene, abusive or otherwise objectionable or unlawful.

1UP Arcade does not endorse any user-generated content or any overt or covert intent of that content by way of action or inaction.