THESE TERMS AND CONDITIONS ARE IMPORTANT AS THEY AFFECT YOUR LEGAL RIGHTS
The Customer agrees to be bound by these Terms by purchasing a ticket to enter, or participating in any DreamCity Activity, at the DreamCity venue. Please read these Terms in full prior to purchasing a ticket or participating in a DreamCity Activity.
Where the Customer is an adult whom is responsible for a child, dependent or other person, the adult agrees to be bound by these Terms on their own behalf and on behalf of each child, dependent or other person and the adult must directly supervise them at all times.
FOR THE CUSTOMER
By purchasing a ticket, I, on behalf of myself and on behalf of any child, dependent or other person whom I am responsible for, agree:
a. that I have read, or have been given the opportunity to read, these Terms;
b. that I have waived substantial rights in accordance with these Terms; and
c. to comply with these Terms.
1. Children must not be left unattended by a Customer within the DreamCity venue and the Customer acknowledges and agrees that the employees of DreamCity (DreamCity Employees) are not required to supervise the Customer or any child the Customer is responsible for while they are in the DreamCity venue.
2. For the avoidance of doubt, where the Customer elects to withdraw from a DreamCity Activity or leave the DreamCity venue for any reason (including, without limitation, to use a bathroom or visit another retail premises), DreamCity will also not be responsible for, or be required to supervise, the Customer or any person that the Customer is responsible for.
3. The Customer agrees to comply with any and all signs and instructions, directions or otherwise of DreamCity and the DreamCity Employees and the Customer further acknowledges that:
a. the Customer may be denied entry into, or removed from the DreamCity venue where DreamCity has reasonable grounds to do so, including if the Customer breaches these Terms; and
b. the DreamCity Employees may suspend or cancel the Customer’s use of the DreamCity Activities in their absolute discretion for non-compliance with these Terms or for reckless or careless conduct.
4. Customers will be required to immediately leave any venue operated by DreamCity where the Customer:
a. is deemed by a DreamCity Employee to be displaying unsafe, anti-social, offensive, disorderly or unlawful behaviour or any other behaviour considered to be unacceptable by a DreamCity Employee;
b. enters the DreamCity venue or other restricted internal area without proper authorisation;
c. refuses to comply with directions or requests from DreamCity Employees; or
d. otherwise fails to comply with these Terms.
5. DreamCity may refuse admission to, or eject Customers from, the DreamCity venue in its sole discretion.
6. Any Customer who is refused admission to, or is ejected from, the DreamCity venue will not be permitted to re-enter the DreamCity venue and will not have their ticket refunded.
7. Subject to clause 8, children must be at least 3 years of age to participate in the DreamCity Activities.
9. Certain session times will be restricted to certain age groups and will only be available to Customers who are within that age group.
10. Please refer to the DreamCity website (www.dreamcity.com.au) (Website) for information on ticket prices, available DreamCity Activities and the operating hours of DreamCity (including session times). Please note that this information may be changed without notice to the Customer.
11. DreamCity may engage third parties to provide online booking services. The Customer acknowledges that third parties are not covered by these Terms and may have their own terms and conditions and privacy policies. If the Customer chooses to access any third party sites, they do so at their own risk. DreamCity is not responsible for, and will not be liable in respect of, the content or operation of those websites or any of the goods, services or content that they describe. DreamCity is not responsible for, and will not be liable in respect of, any incorrect link to an external website.
12. Tickets may be purchased online or at the DreamCity venue. Please note that the availability of tickets sold at the DreamCity venue will be dependent on the number of tickets sold in advance for a particular session.
13. The price of a ticket is in Australian Dollars (inclusive of GST) and includes admission to the DreamCity venue and access to the DreamCity Activities during a particular session time, but does not include any food or beverages purchased at the café or goods sold at the DreamCity store.
14. A session will last for two hours. Each ticket purchased by the Customer will entitle the Customer to remain within the DreamCity venue for the duration of that session. The Customer must leave the DreamCity venue within 15 minutes after the end of the session unless they are purchasing food or beverages or goods at the DreamCity store.
15. If the Customer misses the session time they have booked, DreamCity can not guarantee entry and the Customer will need to contact a DreamCity Employee for assistance.
16. The Customer acknowledges and agrees that all tickets are non-refundable (subject to clause 17 below), non-transferable, not redeemable for cash, void if altered and will only be valid for the date and session which has been booked.
17. Subject to any refund and remedy rights the Customer may have under the Australian Consumer Law, the following amendment and cancellation conditions apply to all bookings:
We have a strict no refund policy
Where there are extenuating circumstances, a refund outside of these Terms may be considered by DreamCity in its absolute discretion.
18. DreamCity aims to ensure that all DreamCity Activities are available to the Customer at all times, however DreamCity will not be liable if:
a. the Customer is not able to participate in a particular DreamCity Activity during the Customer’s allocated session; or
b. a particular DreamCity Activity is unavailable to the Customer due to scheduling requirements, maintenance or installation, where the DreamCity venue has been reserved for a private booking, or where the DreamCity venue would otherwise exceed its licensed capacity if such persons were admitted.
19. DreamCity may cancel the Customer’s ticket in certain circumstances. Where DreamCity cancels the Customer’s ticket, DreamCity will provide the Customer with a full refund or offer the Customer an opportunity to attend an alternative session at DreamCity.
20. The Customer may take photographs, videos or recordings for their own personal use and must not make commercial use of those photographs, videos or recordings, provided such use complies with these Terms.
21. The Customer authorises DreamCity to photograph, videotape or record the Customer and consents to such use by DreamCity without compensation, attribution or further authorisation. Photographs, videos and recordings may be used for (amongst other things) the Website, social media, exhibitions, publicity, advertising and other promotional purposes.
22. DreamCity will not use photographs, videos or recordings for biometric matching or identification and will not identify the Customer’s name (or other details) without the Customer’s consent. The Customer may revoke the authorisation given in clause 22 at any time by notifying DreamCity of such revocation.
23. DreamCity owns all intellectual property the Customer may produce while participating in a DreamCity Activity, including (without limitation) audio, visual and audio-visual content, and the Customer agrees to do all things necessary to ensure that DreamCity (or its nominee) owns all intellectual property the Customer produces. DreamCity may use, distribute, transfer and supply any and all content produced by the Customer in its absolute discretion without compensation, attribution or further authorisation, subject always to these Terms.
24. For the avoidance of doubt, the Customer acknowledges and agrees that any and all intellectual property in the audio, visual or audio-visual representations or recordings and related content created by the Customer or DreamCity within the DreamCity venue is owned by DreamCity (or its nominee).
25. DreamCity may operate CCTV security cameras from time to time in the DreamCity venue for safety purposes and the Customer acknowledges that they may be filmed by such security cameras.
RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK
26. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
a. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
(1) are rendered with due care and skill;
(2) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(3) might reasonably be expected to achieve any result you have made known to the supplier.
b. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to these Terms, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms.
c. NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
27. To the maximum extent permitted by law, the Customer releases and discharges the Pala Australia Group of Companies, being DreamCity, all its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and all of their associated directors, officers, employees and agents (collectively, the Released Parties), from any and all liability, claims, demands or causes of action that the Customer may hereafter have arising out of the Customer’s participation in the DreamCity Activities, including (but not limited to) damages or losses (however arising and of any kind, including any distress, inconvenience or anxiety caused to the Customer).
28. The Customer acknowledges, agrees and represents that each of the Released Parties may rely on, and directly enforce, the releases contained in these Terms.
29. The Customer acknowledges and agrees that the DreamCity Activities are recreational and such activities have many inherent risks, dangers and hazards and are subject to mishap and even injury while participating in the DreamCity Activities.
30. The Customer will not sue or make a claim, or procure that a third party sues or makes a claim, against the Released Parties for damages or other losses sustained as a result of the Customer’s participation in the DreamCity Activities.
31. The Released Parties are not responsible for, and will not be liable in respect of, any Customer who is not within the DreamCity venue.
32. The Released Parties accept no responsibility for the loss or damage to personal property of the Customer, which the Customer acknowledges and agrees is brought to the DreamCity venue at the Customer’s own risk. DreamCity will not provide the Customer with any access to a cloakroom, storage facilities or otherwise.
33. Any release expressed to be given by the Customer in these Terms must include, and will be taken to be a release from, each of the Customer’s children, dependents and any other person for whom the Customer is responsible.
34. DreamCity may, from time to time, review and update these Terms to take account of new laws, regulations, products, technology or other relevant changes in circumstances. The Customer’s purchase of tickets, entry to the DreamCity venue and participation in the DreamCity Activities will be governed by the most recent Terms posted on the Website. By purchasing tickets, entering the DreamCity venue or participating in DreamCity Activities, the Customer agrees to be bound by the most recent Terms. It is the Customer’s responsibility to check the Website regularly for updated versions of the Terms.
35. The Customer acknowledges that any provision of, or the application of any provision of, these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or the remaining provisions in that or any other jurisdiction.
36. The Customer acknowledges that these Terms shall be governed by the law of the State that the Customer participates in the DreamCity Activities and the Customer irrevocably submits to the exclusive jurisdiction of the Courts of that State.
37. If you have questions about DreamCity, the DreamCity Activities or these Terms, including where you have feedback or a complaint, please contact us online at firstname.lastname@example.org or by phone on (03) 9002 4020.