Disclosure Statement

Jamberoo Action Park (the Park) is owned and operated by Propix Pty Ltd trading as Jamberoo Action Park, who is referred to in this Disclosure Statement (the Disclosure Statement) as Jamberoo Action Park, we, our or us.

The term you or your refers to the person, organisation or entity that purchases goods or services from Jamberoo Action Park.

The term the Website refers to www.jamberoo.net.

The term E-Ticket refers to a ticket permitting entry to the Park which is purchased online using the Website.

We take seriously our obligations under the Fair Trading Act 1987 (NSW) and seek to ensure our customers understand the terms and conditions governing their purchase of goods and services from Jamberoo Action Park.


Terms impacting purchases from Jamberoo Action Park

For your convenience, this Disclosure Statement sets out in plain language terms included in Jamberoo Action Park’s Terms and Conditions and Privacy Policy which consumers must be clearly notified of under the the Fair Trading Act 1987 (NSW).

Liability of Jamberoo Action Park

The Terms and Conditions of Jamberoo Action Park act to limit our liability in certain circumstances. These include terms:

  • excluding us from liability where you suffer losses (monetary or otherwise) resulting from you assuming an E-Ticket was not purchased from the Website because you failed to receive an E-Ticket confirmation email;
  • excluding us from liability to you for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly, from the processing of refunds;
  • excluding us, our directors and staff from liability if you sustain a personal injury or loss or damage to property whilst at the Park;
  • excluding us from liability for failure of any goods or services supplied by us to the extent that such failure is attributable to any act or omission on your part; and
  • excluding us from liability to the extent that our obligations to you are prevented by “force majeure” or any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures.

Data Disclosure by Jamberoo Action Park

The Privacy Policy of Jamberoo Action Park permits, in limited circumstances, disclosure of your information to third parties.

Other parties we may share your information with include:

  • third party partners or service providers who assist us with providing our services;
  • other corporate entities where Jamberoo Action Park is involved in a corporate transaction involving a change in the ownership or control of the Website, the Park and/or Jamberoo Action Park;
  • law enforcement authorities;
  • any party necessary where we are acting to mitigate our legal liability, protecting or acting upon our legal rights or those of our users, partners or affiliated parties or preventing illegal activity or wrongdoing; and
  • any party where you have given your consent to Jamberoo Action Park to share your information.

The reasons that we may use your information include:

  • to facilitate your access to and use of the Website and its services;
  • to improve, administer and personalise the Website and the services that we provide to you;
  • process and carry out transactions you make on the Website;
  • to publish information about you on the Website, including for the purposes of marketing Jamberoo Action Park;
  • to send you marketing communications and to otherwise recommend to you information about other products and/or services or special promotional offers from Jamberoo Action Park and the Jamberoo Action Park Group of Companies, which include Steamers Bar and Grill, City Beach Function Centre, and Longboard Cafe;
  • to prevent, discover and fight illegal or unauthorised activities such as misbehavior on the Website or fraud; and
  • to comply with applicable laws or protect our or others’ rights, property, or safety.

Additional Fees

The Terms and Conditions of Jamberoo Action Park provide that additional charges may be payable by our customers in certain circumstances. These fees include:

  • a fee that is calculated on a per-transaction basis when purchasing E-Tickets; and
  • fees charged to Season Pass holders from time to time where Jamberoo Action Park includes a value add, promotional, charitable, or other entertainment activity during the regular open dates for the season at the Park.

Commissions and Referral Fees

On occasion, Jamberoo Action Park may partner with trusted third-party providers of goods and services.

These goods and services include tickets to the Park, refund protection, retail products, food and beverage items, and other value add goods or services.

From time to time, Jamberoo Action Park may receive financial incentives, including commissions or referral fees, for the promotion and sale of these goods and services to consumers.

Further information

Jamberoo Action Park has a detailed set of Terms and Conditions and Privacy Policy which regulate your relationship with us. Our Terms and Conditions continue hereunder and Privacy Policy can be found here.

Terms and Conditions

Jamberoo Action Park (referred to in these Terms and Conditions as the Park) is owned and operated by Propix Pty Ltd (Jamberoo Action Park), who is referred to in these Terms and Conditions (the Terms) as Jamberoo Action Park, we, our or us.

The term you or your refers to the person, organisation or entity that accesses and/or uses the Park.

The Park is available for you to access conditional on your acceptance without alteration of the terms and conditions set out in the Terms. By purchasing one or more Tickets you are agreeing to be bound to the Terms. If you do not agree you should not purchase one or more Tickets.

Tickets may be purchased online through www.jamberoo.net (the Website), at the entrance to the Park or via an authorised third party.

We may make changes to the Terms from time to time and, if the Terms affect your rights or obligations, we will endeavour to notify you in advance of the changes. The most recent version of the Terms applies and, if you purchase Tickets or access the Park after a change to the Terms becomes effective, then you agree and acknowledge any revised Terms.

You acknowledge that you have read, understood and agree to be bound by the Terms.

1

Ticketing Conditions

1.1

Definitions

Ticketa ticket permitting entry to the park which is purchased online using the Website, at the entrance to the park, or via an authorised third party.
Refundable Ticketa ticket purchased using the website when the Refundable Booking option is selected and covers all tickets paid for in that transaction.
Season Pass Ticketa ticket permitting entry to the park for the duration of an operating season.
1.2

Interpretation

  1. In the Terms, unless the context dictates a contrary intention:
    1. a reference to a clause or paragraph is a reference to clause or paragraph of the Terms;
    2. the singular includes the plural and vice versa; and
    3. a reference to dollars or $ is to Australian currency.
1.3

Generally

  1. The Terms govern the purchase of tickets for the Park from Propix Pty Ltd (trading as Jamberoo Action Park) (ACN 000 923 375).
  2. By purchasing one (1) or more tickets you are automatically and unconditionally agreeing to be bound to the Terms.
  3. Ticket prices include GST.
  4. Ticket purchases via the Website must be completed a minimum of one (1) hour prior to admission into the Park.
  5. Jamberoo Action Park requests that “pop-up blockers” and “cookies” are enabled on your device when purchasing tickets through the Website to ensure your transaction proceeds correctly.
1.4

Payment Process

  1. Tickets may be purchased at the entrance to the Park using the payment options provided at that time.
  2. The purchase of tickets through the Website uses the Roller Payments Gateway. The transaction is processed using either:
    1. a Zip Pay, Google Pay or Apple Pay Account; or

    2. an optional Credit Card facility.

    The credit card used will be debited at the time of ordering.

  3. AMEX and DINERS CARD is not accepted when purchasing tickets.
  4. Third-party payment options (such as Zip Pay) may be offered at certain times on the Website and in such cases, the purchaser of tickets is also bound by the terms and conditions detailed under the third party’s user agreement.
1.5

Order Confirmation via the Website

After making payment for a ticket using the Website, an email from Jamberoo Action Park will be sent to the email address nominated by you when completing the transaction, including your receipt, your tickets and other important information

You agree and acknowledge that:

    1. a ticket confirmation email may take up to one (1) hour to be received by you;
    2. if you do not receive a ticket confirmation email after that time or if you experience an error message or service interruption after submitting payment on the Website, it is your responsibility to confirm with Jamberoo Action Park whether or not your Ticket has been purchased. Only you may be aware of any problems that may occur during the purchase process. Jamberoo Action Park is not responsible for losses (monetary or otherwise) if you assume that a ticket was not purchased because you failed to receive a ticket confirmation email, and
    3. it is your sole responsibility to contact us before attempting to purchase an additional ticket in the circumstances.
1.6

Using Tickets purchased through the Website

  1. Following the purchase of a ticket through the Website, to gain admission to the Park you can:
    1. print out the ticket and bring it with you when attending the Park on the date specified on the ticket, or
    2. open the ticket PDF on your smartphone for QR Code scanning at the park on the date specified on the ticket.
  2. If printing out your ticket prior to attending the park, please ensure that your email account is free of any restrictions to ensure receipt of the ticket PDF document attachment which is sent with the ticket confirmation email. You may need to check your spam filters or Junk mail if not received into your email account inbox. Some email providers place emails into a promotional folder etc. Please check in this location also.
  3. On arrival at the Park present a printed version of the ticket or a ticket QR Code on your smartphone at the admission gate to gain entry to the park for one (1) use only.
1.7

Using tickets purchased at the park entrance or through Authorised Third Parties

  1. Following the purchase of a ticket at the entrance to the Park or through an authorised third party, the Ticket can be presented at the Park on the date specified on the Ticket to gain admission to the Park.
1.8

Operating Season

  1. The period during which the Park will operate for the current season (Operating Season) is published on the Website.
  2. During the Operating Season, the Park is open on select dates as determined by us at our sole discretion. These dates are subject to change.
  3. Tickets are valid for use as specified on the ticket or at the time of purchase, which may be a specific date, date range or on any day the Park is open to the general public during the operating season. Tickets that are not used during the operating season do not remain valid for future operating seasons.

  4. Clause 1.8(c)may not apply where tickets are offered and purchased under promotion conditions, including where tickets are:
    1. for use on a specific date;
    2. purchased at discounted pricing;
    3. part of a limited offer;
    4. for a limited entry access period;
    5. are subject to conditions as otherwise stipulated during the promotion of such tickets or as part of the purchase process. In these circumstances, specific conditions may apply as to when tickets may be used to access the Park at the sole discretion of Jamberoo Action Park
1.9

Single Use

  1. Each ticket can only be used for a single, once-only entry into the park.
  2. Barcodes on tickets are tracked to ensure tickets are valid only for entry into the park on one (1) occasion.
  3. Clause 1.9(a) does not apply to a Season Pass ticket.
1.10

Concessions

Where concession pricing is available for ticket purchase based on age, disability or other factors, suitable and valid identification must be provided by you on request by Jamberoo Action Park confirming eligibility to claim the concession pricing.

1.11

Refunds and Exchanges

  1. Subject to clauses 1.12 and 1.13, all ticket purchases are strictly non-refundable, non-exchangeable, cannot be redeemed for cash, and cannot be resold. Jamberoo Action Park does not refund tickets for incorrect purchases or inclement weather.
  2. Jamberoo Action Park requests that before purchasing a ticket, you carefully consider if a Refundable Ticket is suitable for your circumstances.
  3. Nothing in this clause seeks to limit or avoid the statutory rights provided to consumers pursuant to the Australian Consumer Law.
1.12

Fees

  1. The price of a ticket purchased via the Website includes GST but excludes a fee that is calculated on a per-transaction basis (per-transaction fee). This fee is not refundable.
  2. The per-transaction fee is added to the final total of your order on the Website. The per transaction fee accounts for handing fees and covers the costs of providing ticketing services, including things like infrastructure costs and operating an internet site.
1.13

Refundable Tickets

  1. When you proceed with a Refundable Booking ticket option through the website, that ticket and all tickets included in that transaction are subject to the terms and conditions contained here: https://refundable.me/
  2. Where you have purchased a Refundable Ticket, applications for a refund of the purchase price of the Refundable Ticket are processed here: https://refunds.refundprotect.co/.
  3. You agree and acknowledge that the refunding of a Refundable Ticket is undertaken by a third party and not Jamberoo Action Park. We are not liable to you for any costs, losses, or damages of any kind, which you may incur, arising whether directly or indirectly from the processing of refunds.
1.14

Limits on sale of Tickets

  1. When purchasing a ticket you will be limited to a number of tickets in a single transaction and this will depend on the type of ticket purchased and may change over time.
  2. We discourage unfair ticket buying practices and reserve the right to cancel any orders where we suspect such practices have occurred, including where we know, or reasonably suspect, automated means have been used to purchase tickets. Use of automated means to purchase tickets is strictly prohibited.
1.15

Resale of Tickets

  1. Tickets should be purchased from the Website, at the entrance to the park, and from authorized third parties only.
  2. Tickets may not be resold or offered for resale at a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion, or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services without the prior written consent of Jamberoo Action Park.
  3. If a ticket is sold or used in breach of this clause, the Ticket may be cancelled without a refund and the holder of the ticket may be refused admission to the Park.
1.16

For Group Bookings Made outside the website (non E-Ticket)

  1. A minimum deposit of 10% of the total booking price must be paid within 14 days of making your booking to secure your booking and/or your booking date.
  2. This 10% deposit along with any costs associated with shelters, catering or other items will be retained by Jamberoo Action Park in the event that you cancel your booking or do not wish to proceed with full payment at least 14 days prior to your date booked.
  3. All group bookings must be paid and finalised at least 14 days prior to your date booked. All tickets and vouchers will be issued only on receipt of final payment
  4. From this point onwards, all monies paid for the booking will be retained by Jamberoo Action Park. There are no refunds, returns, transfers, extensions or adjustments for any group ticket types, catering, shelters or other items inside this 14-day cut-off period.
  5. No additional catering can be added to the booking after the final balance due date.
  6. Any additional entry tickets required after the final balance due date are not subject to the group discount and must be purchased from the entry gate on arrival, or via the internet in advance at the general admission price.
  7. Entry tickets are valid for either The Date of Booking Only if you have purchased “Day Specific Group Tickets Pre-Paid” OR Any Single Day during the season if your tickets are “Any Day Group Ticket Pre-Paid”.

  8. Similarly, Catering, Shelters and other services and facilities are valid only for the date booked.

  9. All outside contractors and/or staff organised by your group are required to have a valid ticket for entry. Special arrangements for early setup must be made in advance with Jamberoo Action Park and cannot be organised on the day.
  10. Alcohol is not permitted to be brought into the park grounds. Jamberoo Action Park offers pre-booked beverage packages and alcohol is available at the discretion of the park from certain outlets based on seasonality and according to the conditions of the Liquor Licence. Please ask our staff for more details and conditions.
  11. Group entry tickets cannot be re-sold without prior permission in writing from Jamberoo Action Park. Breach of this policy will result in the tickets being canceled and rendered invalid. Canceled tickets will not be refunded.

1.17

For School Bookings made Outside the website (non E-Ticket)

Payment:

  1. A minimum deposit of 10% of the total booking price must be paid within 14 days of making your booking to secure your booking and/or your booking date.

  2. All school bookings must be paid and finalised at least 14 days prior to your date booked. All tickets and vouchers will be issued only on receipt of final payment.
  3. From this point onwards, all monies paid for the booking will be retained by Jamberoo Action Park. There are no refunds, returns, transfers, extensions or adjustments for any group ticket types, catering, shelters or other items inside this 14 day cut-off period.

  4. No additional catering can be added to the booking after the final balance due date.
  5. Any additional entry tickets required after the final balance due date are not subject to the prepaid school discount and must be paid for in full from the entry gate on arrival at the School walk-in rate.

    Additional carers/teachers tickets can also be purchased on the day at the School walk-in rate.

  6. Catering, shelters and other services and facilities are valid for the Date Booked only and cannot be refunded, transferred, or extended.
  7. Entry tickets are valid for the Date Booked only. If you have purchased too many tickets you can return un-scanned tickets on the morning of your visit to the Customer Service Officer, who will arrange a refund to be issued to your School.

Entry:

  1. The School Group Rates are available on NSW Public School days only and covers entry from 10 am – 3 pm.
  2. Jamberoo Action Park’s carer ratio is 1 Carer Free of Charge per 15 students. Carers must be official school staff and cannot be other students or students’ family members.
  3. The purpose of allowing carers free entry into the park is so they can supervise the students. Students must be supervised at all times.
  4. Coloured wristbands as per the DET guidelines are available from Jamberoo Action Park upon request on arrival. It is the responsibility of the teacher to distribute wristbands accordingly.

Safety – Jamberoo Action Park Recommend:

  1. Organising teachers have read and familiarised themselves with the DET guidelines for unstructured swimming activities.
  2. It is the responsibility of the school to identify any non-proficient and/or non-swimmers in the group in advance of their visit.
  3. Any non-proficient and/or non-swimmers are accompanied by a teacher at all times.
  4. Any non-proficient and/or non-swimmers are not permitted to use Outback Bay orThe Rock.
1.18

Variation to Rides / Activities at the Park

  1. Occasionally, rides or aquatic activities at the Park may be closed due to the need for sudden maintenance or repairs, emergency, or other unforeseen circumstances.
  2. Jamberoo Action Park reserves the right to close or limit access to rides or activities at the Park where this is reasonably necessary at our sole discretion.
  3. You agree and acknowledge that the closure of a certain ride or activity does not present grounds for the refund of a ticket.
1.19

Additional Fees for Season Pass Tickets

  1. From time to time, Jamberoo Action Park may include a value add, promotional, charitable, or other entertainment activity during the regular open dates for the season. On these dates, we reserve the right to charge holders of a Season Pass ticket an incremental fee for admission to the park.
1.20

Errors

  1. Jamberoo Action Park takes care to ensure our tickets are correctly priced and the Website operates without error when you purchase a ticket. However, sometimes errors may occur when purchasing a ticket.
  2. We may, at our sole discretion, cancel any ticket purchase affected by an error in the pricing of tickets or of the website.
  3. In such circumstances, we will endeavour to contact you to give you the option of purchasing a Ticket once any error has been resolved.
1.21

Privacy

  1. We collect personal information during the ticket purchase process. This information may be used to provide you with news or special offers from The Jamberoo Group of Companies, which includes but may not be limited to Jamberoo Action Park, Steamers Bar & Grill Pty Ltd (ACN 618 829 833), City Beach Function Centre (ACN 091 790 064) and Longboard Café (ACN 110 616 370).
  2. Any information collected will be governed by Jamberoo Action Park’s Privacy Policy which can be found on the website here.
2.

Conditions of Entry

2.1

General Conditions

  1. The price paid (inclusive of GST) when purchasing a ticket includes entry to the park and the use of all rides and attractions but strictly excludes food, drinks, merchandise, barbeque usage, and hut or shelter reservation.
  2. For tickets that are not Refundable Tickets, Jamberoo Action Park implements a strict no refund policy. Jamberoo Action Park does not refund for incorrect purchases or for inclement weather under any circumstances.
  3. Refundable Tickets are subject to the terms and conditions contained here: https://refundable.me/. Refund Applications are processed here: https://refunds.refundprotect.co/.
  4. Jamberoo Action Park reserves the right to refuse entry to the park or remove you from the park for conduct including:
    1. any non-adherence to or breach of the Terms;
    2. failing to follow staff or signage instructions;
    3. anti-social behaviour (including unsocial language);
    4. violence;
    5. theft;
    6. vandalism;
    7. intoxication;
    8. use or influence of illicit substances;
    9. bringing alcohol or drugs of any type into the park or attempting to do so;
    10. bringing weapons, glassware, or sharp objects into the park;
    11. inappropriate use of any image or video recording device at the park;
    12. use of any image or video recording device in any change room or bathroom;
    13. inadequate supervision of persons under your care; and
    14. queue line jumping.
  5. Jamberoo Action Park fully supports the Smoke-Free Environment Act 2000 (NSW) and has adopted in principle this legislation making the park a “Smoke Free” environment. Smoking, vaping and the use of e-cigarettes is only permissible in the designated smoking area inside the park at the area indicated to the east of the picnic area.
  6. Alcohol is not permitted to be brought into the park.
  7. Jamberoo Action Park reserves the right to inspect or search a person and/or their possessions for security purposes at the time of entry into the park and at any time they remain at the park.
  8. No animals may be brought onto the park, with the exception of animals for disability assistance which may be permitted entry at the discretion of park management.
  9. No sporting equipment, balls, frisbees, inflatables, or other recreational devices (Recreational Equipment) may be used in the park where, Jamberoo Action Park, in its sole discretion, believes that the Recreational Equipment will interfere with the reasonable enjoyment of other patrons of the park, threaten the safety of other patrons or impede or distract Jamberoo Action Park staff.
2.2

Appropriate Swimwear and Dress

  1. Appropriate swimwear must be worn at all times when using aquatic activities in the park. Appropriate swimwear materials include nylon, tricot, spandex, lycra, and acetate. You cannot use water rides in the park dressed in street clothing, underwear, brassieres and panties (also known as knickers), briefs, boxer shorts, boxer briefs, bikini underwear, thongs, and G-strings. Failure to wear appropriate swimwear when using aquatic activities at the park may result in your removal from the park.
  2. You may not wear clothing or otherwise display by other means anything that may, in Jamberoo Action Park’s sole discretion, contain obscene, foul, profane, offensive, illegal, or otherwise unacceptable language, statements, photographs, images, symbols, or other representations.
2.3

Photography and Videos

  1. Photographs and videos taken by you when at the Park or of the Park may be used solely for personal uses or enjoyment.
  2. You agree not to use, reuse, produce or distribute any photographs or videos taken at the Park or of the Park for any commercial purposes without the prior written authorisation or consent of Jamberoo Action Park.
  3. By entering the Park, you agree and acknowledge that Jamberoo Action Park may photograph and/or record you at any reasonable time for:
    1. security purposes;
    2. for use in promotional activities of Jamberoo Action Park;
    3. any other purpose reasonably necessary to the operation of the Park and the provision of services by Jamberoo Action Park.
  4. You agree and acknowledge that your image and likeness may be used for the abovementioned purposes and waive any right to compensation or payment for the use of your image or likeness in these circumstances. Such images and recordings are the sole property of Jamberoo Action Park.
2.4

Health and Physical Requirements

  1. To ensure the safety of you and Jamberoo Action Park staff, some activities may enforce age, height, weight limits, and/or clothing requirements. Please refer to the requirements displayed on signage at the park or the website for specific details.
  2. Jamberoo Action Park strongly recommends that should you be pregnant or suffer from head, neck, back or bone injuries, heart or lung conditions or physical/intellectual limitations please seek advice from a medical practitioner as to the appropriateness of rides and activities at the park and reconsider the use of activities within the park as stipulated by staff and /or signage.
  3. You acknowledge that you engage or take part in any activities or rides at the Park at your own risk and note our recommendations in the preceding clauses 2.4 (a)-(b).
  4. Jamberoo Action Park complies fully with the Public Health Act 2010 (NSW) and Public Health Regulation 2012 (NSW) that controls the public health risk associated with public swimming and spa pools and supports fully NSW Health’s Steps to Healthy Swimming program. This program requires patrons not to use any pool, ride, or attraction at the park if they have had diarrhea in the previous week and suggests that before entering any pool, ride or attraction at the park patrons use the toilet and shower facilities throughout the park.
  5. All patrons must wear appropriate swimwear and toddlers/young children and nappy dependent persons must wear waterproof tight-fitting nappy/pants over their swimmers. Toddlers/young children and nappy dependent persons should be taken frequently to the toilet, by, but not limited to, parents/guardians or carers who should wash their hands with warm water and soap and dry their hands immediately after a nappy has been changed.
2.5

COVID-19

  1. To keep Jamberoo Action Park patrons and staff safe and reduce the risk of disease transmission, you will not be permitted to enter the park if you:
    1. have presented with flu-like symptoms (or a related illness) in the last 72 hours including but not limited to cough, fever, sore throat, fatigue, loss of sense of taste or smell, or shortness of breath;
    2. have been in contact with someone who tested positive for COVID-19 virus within the past two (2) weeks;
    3. have been directed to self-isolate by relevant health authorities for a period which includes the day of the visit; or
    4. have been tested for COVID-19 and are awaiting results.
  2. If you attend the park under the above conditions, you and anyone in your household or who has attended the park with you will be denied entry and asked to return on a day that does not breach the Terms.
  3. Furthermore, while in the park you are respectfully asked to:
    1. maintain social distancing;
    2. avoid touching surfaces were possible;
    3. maintain strong hygiene practices; and
    4. check-in where required using the Service NSW App.
2.6

Supervision and Responsibilities

  1. You acknowledge that the park is located on 40 hectares of land in various stages of development and repair.
  2. You must be 14 years and older to enter the park if unaccompanied by an Adult (16 years and older).
  3. You must obey all reasonable written and verbal instructions and warnings given by Jamberoo Action Park and its staff without objection.
  4. You agree and acknowledge that, if you are a guardian of a child/children, it is your responsibility to assess the swimming abilities and limitations of the child/children under your care.
  5. The park has many pools and dams which range in depths up to 7 metres, and as the parent or guardian of a child/children or persons who may or may not swim satisfactorily, it is your responsibility to maintain constant supervision of them at all times.
  6. Jamberoo Action Park requests that carers actively supervise the child/children or persons who may or may not swim satisfactorily they are responsible for in compliance with the Royal Life Saving Australia Keep Watch guidelines. The relevant guidelines are publicly available at https://www.royallifesaving.com.au/families/at-the-local-pool/drowning-prevention/keep-watch-at-public-pools.
  7. Jamberoo Action Park provides the highest standard of lifeguard supervision following all Australian standards and Royal Life Saving Australia recommendations in regards to Lifeguard to bather ratios, however, you agree and acknowledge that this is no substitution for direct supervision by parents or guardians.
  8. You are responsible for your own property and whilst Jamberoo Action Park takes precautions to reduce damage or theft, responsibility will not be taken by Jamberoo Action Park for damage or loss of personal property. You are encouraged to remove all jewelry items from your person and locate or retain them in a safe location and not on one’s person whilst using rides and attractions in the park.
2.7

Risk

  1. Jamberoo Action Park seeks to ensure your safety when using the rides in the Park or undertaking any other activities in the park. However, Jamberoo Action Park is not responsible for your safety.
  2. Accordingly, you agree and acknowledge that:
    1. the rides in the park are of a sporting nature and carry inherent risks of injury;
    2. you use the rides in the park entirely at your own risk; and
    3. in the event that you sustain a personal injury or loss or damage to property, you absolve Jamberoo Action Park, its directors, and staff from any liability whatsoever for any injury or loss whilst at the park.
  3. Jamberoo Action Park, to the fullest extent permitted by the applicable law, grants no warranties of any kind, whether express, implied, statutory, or otherwise with respect to the park.
2.8

Intellectual Property

  1. The park contains designs, systems, aquatic activities, rides, and attractions that are owned by or licensed to us and are protected by Australian and international laws.
  2. You agree that, as between you and us, we own all intellectual property rights in the applicable designs, systems, aquatic activities, rides, and attractions at the Park and that nothing in the Terms constitutes a transfer of any intellectual property rights.
  3. Your use of the park does not grant you a license to or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed, or present at the park without the express written permission of Jamberoo Action Park or the relevant owner.
  4. You must not breach or infringe any intellectual property rights connected with the Park.
2.9

Indemnity

  1. You will at all times indemnify and keep indemnified us and our respective officers, employees, and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of the Terms by you.
2.10

Disclaimer of Liability

  1. We have no liability to the extent that a failure of goods or services supplied by Jamberoo Action Park is attributable to any act or omission on your part.
  2. The liability of Jamberoo Action Park for failure to comply with a consumer guarantee is limited to:
    1. in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
    2. in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
  3. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
  4. In all other respects, our total liability for loss or damage of every kind, whether:
    1. arising pursuant to the Terms; or
    2. arising in any other way out of or in relation to the supply of goods or services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

    is limited to an amount equivalent to the sum paid by you to us for the goods or services.

  5. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in the Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to the Terms.
2.11

Force Majeure

We have no liability to the extent that our performance of our obligations to you are prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

2.12

Severability

If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

2.13

Relevant Jurisdiction

  1. The Terms will be exclusively governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
  2. You agree to the exclusive jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of the Terms.
2.14

Disputes

  1. You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to the Terms, prior to resorting to an external dispute resolution process.
  2. Please notify us in writing of any dispute you may have. Notifications of disputes may be emailed by you to: admin@jamberoo.net.