General Treasure Hunt Terms and Conditions

Fictional Reality

1. About these Terms

These Terms and Conditions (Terms) apply to treasure hunts, puzzle trails, scavenger hunts, city quests and related experiences (each an Experience) operated by Fictional Reality (we, us or our). The particular webpage, booking confirmation, map, event information or participant instructions for an Experience (Experience Details) form part of these Terms. If there is an inconsistency, the Experience Details prevail only for that Experience.

By registering for, purchasing, accessing or participating in an Experience, you agree to these Terms. If you participate on behalf of a team or book for another person, you must make these Terms available to them and ensure they understand the relevant safety instructions.

2. Eligibility and supervision

Unless the Experience Details say otherwise, participants under 18 may participate only with the permission of a parent or legal guardian. Children and any participant requiring assistance must be supervised by a responsible adult at all times. We may set age, accessibility, group-size or other participation requirements where reasonably necessary for safety or the proper operation of an Experience.

You must not participate if you are unable to do so safely, including because of illness, injury, impairment, intoxication or the influence of drugs.

3. How to participate

Participants must follow the Experience Details and all reasonable instructions issued by us, a venue, landowner, local authority or emergency service. An Experience may use printed or digital maps, websites, forms, QR codes, NFC tags, mobile data, or other technology. You are responsible for bringing any stated equipment, keeping your device charged and maintaining internet or mobile access where required.

Completion times, routes, clue availability and difficulty estimates are indicative only. Unless expressly stated, participation does not guarantee completion, a particular result, access to every location or any reward.

4. Fees, bookings, cancellations and refunds

Where an Experience is paid, prices, inclusions, booking conditions, cancellation terms and any transfer or refund rights will be shown in the Experience Details or at checkout. Except where required by law or stated otherwise, fees are non-refundable once digital materials have been supplied, an Experience has commenced, or we have incurred non-recoverable costs for a participant or group.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

5. Participant safety

Experiences may take place in public spaces and may involve walking, roads, crossings, stairs, uneven surfaces, changing weather, crowds, traffic and interaction with public places or participating venues. You are responsible for assessing whether the route and conditions are suitable for you and your group.

You must:

• obey road rules, signage, local laws and lawful directions;

• use designated paths and crossings and remain alert to vehicles, bicycles and other hazards;

• stay out of private, restricted, closed, construction or unsafe areas;

• not climb structures, enter water, cross barriers or take unreasonable risks to find a clue;

• respect other people, businesses, residents, wildlife and public and private property;

• take reasonable precautions for weather, hydration, sun protection, footwear and personal security; and

• stop participating if conditions become unsafe.

No clue is intended to require dangerous, unlawful or unauthorised conduct. If a clue appears damaged, inaccessible or unsafe, do not attempt to reach it; contact us or use any alternative method provided in the Experience Details.

In an emergency, call 000 and follow the directions of emergency services. Notify us of any serious incident or identified hazard as soon as reasonably practicable after it is safe to do so.

6. Conduct and game integrity

You must not remove, damage, alter, conceal, copy, relocate or interfere with any clue, beacon, sign, prop, map, puzzle, website or other game material. You must not obstruct other participants, harass any person, trespass, cheat through unauthorised access, submit false information or interfere with the fair and proper operation of an Experience.

We may refuse participation, suspend access or remove a participant without refund where we reasonably believe they have acted unlawfully, unsafely, abusively, fraudulently or in breach of these Terms.

7. Locations and third parties

An Experience may refer to or operate near venues, businesses, councils, cultural organisations or other third parties. Unless expressly stated, those third parties do not operate or endorse the Experience. Their opening hours, access conditions and services may change without notice. You must comply with their rules and treat their staff and property respectfully.

Any purchase from, contract with or reliance on a third party is between you and that third party. We are not responsible for third-party goods, services, websites or acts, except to the extent required by law.

8. Technology and availability

We take reasonable steps to keep Experience systems and materials available, but do not guarantee uninterrupted or error-free access. Clues or services may be affected by device compatibility, connectivity, outages, vandalism, maintenance, venue closures, weather or circumstances beyond our reasonable control.

Where reasonably practicable, we may provide an alternative clue, route or access method. We are not responsible for a participant’s device, data charges, battery, settings or failure to follow technical instructions.

9. Changes, suspension and cancellation

We may reasonably alter a route, clue, location, schedule, format or instruction to protect safety, respond to operational needs, comply with law or address circumstances beyond our control. We may suspend or cancel an Experience where continuing would be unsafe, unlawful or impracticable.

For a paid Experience, any remedy will be determined by the Experience Details and applicable law. We are not liable for indirect costs such as travel, accommodation or other arrangements, except where liability cannot lawfully be excluded.

10. Data collection

We may collect personal information that you provide, including your name, email address, telephone number, age confirmation, booking details, team details, answers, feedback, incident reports and communications with us. Depending on the Experience and your settings, we may also collect technical and participation data such as IP address, browser or device information, timestamps, clue scans, progress, approximate location, cookies and website analytics.

Payment information may be processed by a third-party payment provider; we generally do not retain complete payment-card details. Please do not provide sensitive personal information unless it is reasonably necessary and requested by us.

We collect this information to provide and administer the Experience, verify access or completion, communicate operational and safety information, provide support, prevent misuse, improve our experiences, keep business and legal records, process payments and comply with legal obligations. Where required, we rely on your consent or another lawful basis for collection and use.

10.1

Data collection and privacy for site-activated experiences For site-activated experiences utilising NFC beacon technology (including the Joondalup Treasure Hunt), we do not require the collection of personal information as a condition of participation. Any data generated through interaction with the digital interface and NFC beacons is processed anonymously and assigned a unique session identifier derived from browser characteristics. This session identifier cannot be linked to, correlated with or used to identify any individual participant, and is not retained beyond the active session. All participant information collected during engagement with site-activated experiences remains anonymous, is not stored in persistent records, and is automatically discarded upon session termination. For all other Experiences described in these Terms, the data collection practices set out in point 10 of the General Terms apply.

11. Privacy and disclosure

We will handle personal information responsibly and, where applicable, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We use reasonable safeguards designed to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. No online or storage system is completely secure.

We may disclose information to service providers that help us operate the Experience or our business, such as website, registration, analytics, communications, cloud-storage, payment and professional-advice providers; to an Experience partner where this is explained at collection or reasonably necessary to deliver the Experience; or to authorities where required or authorised by law, or reasonably necessary to address safety, fraud or legal claims. Some providers may store or process information outside Australia.

We do not sell personal information. We retain it only for as long as reasonably necessary for the purposes described above, our legitimate business needs and legal obligations, after which we take reasonable steps to delete or de-identify it.

You may contact us to request access to or correction of your personal information, ask a privacy question, make a complaint or request deletion where applicable. We may need to retain some information where required by law or reasonably necessary to resolve a dispute, enforce these Terms or maintain essential business records.

12. Marketing communications

We may send marketing communications only where you have consented or where otherwise permitted by law. Operational messages about an Experience are not marketing and may be necessary to provide. You can unsubscribe from marketing at any time using the link in the message or by contacting us. Unsubscribing will not prevent essential service or safety communications relating to an active booking or Experience.

13. Photographs, recordings and participant content

We will seek consent before using an identifiable participant’s image, likeness, voice or testimonial for our promotional purposes, unless the material was captured and may lawfully be used on another basis clearly notified at the Experience. Consent to promotional use is voluntary and may be subject to any separate release provided at the time.

If you submit photographs, reviews, answers, suggestions or other content to us, you confirm that you have the right to do so. You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce and use that content for administering and improving the Experience and, only where you have agreed, for promotional purposes. You retain ownership of your content.

14. Intellectual property

All Experience materials, including stories, puzzles, clues, maps, artwork, audio, video, software, branding and designs, are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive and non-transferable right to use the materials only to participate in the relevant Experience.

You must not reproduce, publish, sell, adapt, distribute, commercially exploit, reverse engineer or create derivative experiences from the materials without our prior written permission. Reasonable personal photographs and non-commercial social sharing are permitted unless the Experience Details state otherwise, provided they do not reveal answers or materially spoil the Experience for others.

15. Assumption of risk and liability

Participation involves ordinary risks associated with public spaces, travel, physical activity, weather, third parties and personal technology. You accept those inherent risks and remain responsible for your own conduct, belongings and decisions, and for supervising minors in your care.

To the maximum extent permitted by law, we exclude liability for loss, damage, injury, delay or expense arising from participation where it results from your failure to follow instructions, unsafe or unlawful conduct, a third party, your equipment or circumstances beyond our reasonable control. To the extent permitted by law, we are not liable for indirect, consequential or special loss, loss of opportunity, loss of data or loss of enjoyment.

Nothing in these Terms excludes, restricts or modifies liability, guarantees, warranties, rights or remedies that cannot lawfully be excluded or limited, including under the Australian Consumer Law. Where our liability may lawfully be limited, it is limited at our option to resupplying the relevant service or paying the reasonable cost of having it supplied again.

16. Complaints and contact

Questions, access needs, safety concerns, privacy requests or complaints should be directed to Fictional Reality using the contact details published on our website or in the relevant Experience Details. Please provide enough information for us to identify the Experience and respond. We will take reasonable steps to consider and address the matter.

17. General

If any provision of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue to apply. A failure or delay in enforcing a right is not a waiver of that right.

These Terms and the applicable Experience Details form the agreement between you and us concerning the Experience. We may update these general Terms from time to time. The version made available when you register, purchase or begin the Experience will apply unless a change is required by law or is reasonably necessary for safety.

18. Governing law

These Terms are governed by the laws of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from them.

Important note

This document is a general operational template and should be reviewed by an Australian lawyer before publication, particularly for paid experiences, activities involving children, higher-risk locations, location tracking, overseas data processing or experiences conducted outside Western Australia.