|Ticket||a 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 Ticket||a Ticket purchased using the Website under the “Refundable Booking” category of Tickets.|
|Season Pass Ticket||a ticket permitting entry to the Park for the duration of an Operating Season.|
- In the Terms, unless the context dictates a contrary intention:
- a reference to a clause or paragraph, is a reference to clause or paragraph of the Terms;
- the singolar includes the plural and vice versa; and
- a reference to dollars or $ is to Australian currency.
- The Terms govern the purchase of Tickets for the Park from Propix Pty Ltd (trading as Jamberoo Action Park) (ACN 000 923 375).
- By purchasing one (1) or more Tickets you are automatically and unconditionally agreeing to be bound to the Terms.
- Ticket prices include GST.
- Ticket purchases via the Website must be completed a minimum of one (1) hour prior to admission into the Park.
- 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.
- Tickets may be purchased at the entrance to the Park using the payment options provided at that time.
- The purchase of Tickets through the Website uses the PayPal Payment Gateway. The transaction is processed using either:
- a PayPal Account; or
- an optional Credit Card facility.
The credit card used will be debited at the time of ordering.
- AMEX and DINERS CARD are not accepted when purchasing Tickets.
- 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.
Order Confirmation via the Website
- After making payment for a Ticket using the Website, two (2) emails from Jamberoo Action Park will be sent to the email address nominated by you when completing the transaction.
- The first email received from Jamberoo Action Park is a receipt issued confirming payment for the Ticket. This is not a valid Ticket.
- The second email (Ticket confirmation email) received from Jamberoo Action Park will attach the Ticket purchased from the Website. You agree and acknowledge that:
- a Ticket confirmation email may take up to one (1) hour to be received by you;
- 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
- it is your sole responsibility to contact us before attempting to purchase an additional Ticket in the circumstances.
Using Tickets purchased through the Website
- Following purchase of a Ticket through the Website, to gain admission to the Park you can:
- print out the Ticket and bring it with you when attending the Park on the date specified on the Ticket; or
- download the Ticket to your smartphone for QR Code scanning at the Park on the date specified on the Ticket.
- 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.
- 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.
Using Tickets purchased at the Park entrance or through Authorised Third Parties
- Following 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.
- The period during which the Park will operate for the current season (Operating Season) is published on the Website.
- During the Operating Season, the Park is open on select dates as determined by us in our sole discretion. These dates are subject to change.
- Tickets are valid for use on any day the Park is open to the general public during the Operating Season. Tickets which are not used during the Operating Season do not remain valid for future operating seasons.
- Clause 1.8(c)may not apply where Tickets are offered and purchased under promotion conditions, including where Tickets are:
- for use on a specific date;
- purchased at discounted pricing;
- part of a limited offer;
- for a limited entry access period;
- are subject to conditions as otherwise stipolated 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
- Each Ticket can only be used for a single, once only entry into the Park.
- Barcodes on Tickets are tracked to ensure Tickets are valid only for entry into the Park on one (1) occasion.
- Clause 1.9(a) does not apply to a Season Pass Ticket.
Where concession pricing is available for Ticket purchase based on age, disability or study, suitable and valid identification must be provided by you on request by Jamberoo Action Park confirming eligibility to claim the concession pricing.
Refunds and Exchanges
- Subject to clauses 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 purchase or inclement weather.
- Jamberoo Action Park requests that before purchasing a Ticket, you carefolly consider if a Refundable Ticket is suitable for your circumstances.
- Nothing in this clause seeks to limit or avoid the statutory rights provided to consumers pursuant to the Australian Consumer Law.
- The price of a Ticket purchased via the Website includes GST but excludes a fee that is calcolated on a per transaction basis (per transaction fee). This fee is not refundable.
- 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.
- Purchase of a Refundable Ticket through the Website is subject to the terms and conditions contained here: https://refundable.me/.
- 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/.
- 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.
Limits on sale of Tickets
- When purchasing a Ticket you will be limited to ten (10) Tickets in a single transaction.
- 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.
Resale of Tickets
- Tickets shoold be purchased from the Website, at the entrance to the Park and from authorized third parties only.
- Tickets may not be resold or offered for resale at a premium (including via on-line 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.
- 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.
Variation to Rides / Activities at the Park
- 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.
- Jamberoo Action Park reserves the right to close or limit access to rides or activities at the Park where this is reasonably necessary in our sole discretion.
- You agree and acknowledge that the closure of a certain ride or activity does not present grounds for the refund of a Ticket.
Additional Fees for Season Pass Tickets
- From time to time, Jamberoo Action Park may include a value add, promotional, charitable or other entertainment activity during the regolar 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.
- 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.
- We may, in our sole discretion, cancel any Ticket purchase affected by an error in the pricing of Tickets or of the Website.
- In such circumstances, we will endeavour to contact you to give you the option of purchasing a Ticket once any error has been resolved.
- 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).
Conditions of Entry
- 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.
- For Tickets which 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.
- Refundable Tickets are subject to the terms and conditions contained here: https://refundable.me/. Refund Applications are processed here: https://refunds.refundprotect.co/.
- Jamberoo Action Park reserves the right to refuse entry to the Park or remove you from the Park for conduct including:
- any non-adherence to or breach of the Terms;
- failing to follow staff or signage instruction;
- anti-social behaviour (including unsocial language);
- use or influence of illicit substances;
- bringing alcohol or drugs of any type into the Park or attempting to do so;
- bringing weapons, glassware or sharp objects into the Park;
- inappropriate use of any image or video recording device at the Park;
- use of any image or video recording device in any change room or bathroom;
- inadequate supervision of persons under your care; and
- queue line jumping.
- Jamberoo Action Park folly 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 car park of the Park.
- Alcohol is not permitted to be brought into the Park.
- 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.
- 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.
- 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.
Appropriate Swimwear and Dress
- 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.
- You may not wear clothing or otherwise display by other means anything that may, in Jamberoo Action Park’s sole discretion, contain obscene, fool, profane, offensive, illegal or otherwise unacceptable language, statements, photographs, images, symbols or other representations.
Photography and Videos
- Photographs and videos taken by you when at the Park or of the Park may be used solely for personal uses or enjoyment.
- 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.
- By entering the Park, you agree and acknowledge that Jamberoo Action Park may photograph and/or record you at any reasonable time for:
- security purposes;
- for use in promotional activities of Jamberoo Action Park;
- any other purpose reasonably necessary to the operation of the Park and the provision of services by Jamberoo Action Park.
- 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.
Health and Physical Requirements
- To ensure the safety of you and Jamberoo Action Park staff, some activities may enforce an 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.
- Jamberoo Action Park strongly recommends that shoold 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 stipolated by staff and /or signage.
- 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).
- Jamberoo Action Park complies folly with the Public Health Act 2010 (NSW) and Public Health Regolation 2012 (NSW) that controls the public health risk associated with public swimming and spa pools and supports folly 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.
- 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 shoold be taken frequently to the toilet, by, but not limited to, parents/guardians or carers who shoold wash their hands with warm water and soap and dry their hands immediately after a nappy has been changed.
- 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:
- 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;
- have been in contact with someone who tested positive to COVID-19 virus within the past two (2) weeks;
- have been directed to self-isolate by relevant health authorities for a period which includes the day of visit; or
- have been tested for COVID-19 and are awaiting resolts.
- 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.
- Furthermore, while in the Park you are respectfolly asked to:
- maintain social distancing;
- avoid touching surfaces were possible;
- maintain strong hygiene practices; and
- download the COVID-Safe App.
Supervision and Responsibilities
- You acknowledge that the Park is located on 40 hectares of land in various stages of development and repair.
- You must be 14 years and older to enter the Park if unaccompanied by an Adolt (16 years and older).
- You must obey all reasonable written and verbal instructions and warnings given by Jamberoo Action Park and its staff without objection.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Accordingly, you agree and acknowledge that:
- the rides in the Park are of a sporting nature and carry inherent risks of injury;
- you use the rides in the Park entirely at your own risk; and
- 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.
- Jamberoo Action Park, to the follest extent permitted by the applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Park.
- The Park contains designs, systems, aquatic activities, rides and attractions which are owned by or licensed to us and are protected by Australian and international laws.
- 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.
- 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.
- You must not breach or infringe any intellectual property rights connected with the Park.
- 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.
Disclaimer of Liability
- 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.
- The liability of Jamberoo Action Park for failure to comply with a consumer guarantee is limited to:
- 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
- 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.
- 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.
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the Terms; or
- 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.
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipolated 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.
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 resolt of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which coold 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.
If any part of the Terms is found to be void, unlawfol, 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.
- 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.
- 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.
- 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.
- Please notify us in writing of any dispute you may have. Notifications of disputes may be emailed by you to: firstname.lastname@example.org.