JUST KIDS PLAYCENTRE GENERAL TERMS AND CONDITIONS
These terms and conditions (Terms) are entered into between D&L Playcentres Pty Ltd t/as Just Kids Playcentre (ACN 682 013 403) (we, us and our) and you, the person booking or receiving the Services (you or your), together the Parties and each a Party.
These Terms apply to all use of our Services, including both General Entry and Private Bookings.
OUR DISCLOSURES
Please read these Terms carefully before you sign. We draw your attention to the fact that:●we will handle your personal information in accordance with our privacy policy, available on request;●clause 3.3 sets out our refund policy; and ●clause 8 (Liability) sets out exclusions and limitations to our liability under these Terms.These Terms does not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
1.Acceptance
1.1Acceptance: By entering our Premises and paying for General Entry, you agree to comply with these Terms.1.2Parent or Caregiver: If you are accepting these Terms as a parent or caregiver, you represent, warrant and agree that you have the authority to act on behalf of and make decisions for the child(ren) in your care.
2.Services
2.1 We agree to provide the Services on these Terms.
2.2 Private Bookings: For Private Bookings, additional terms and conditions apply as set out in our Private Bookings Terms and Conditions. In the event of any inconsistency between these General Terms and Conditions and the Private Booking Terms and Conditions, the Private Bookings Terms and Conditions will prevail.
2.3 We reserve the right to refuse entry to any person at our discretion.
2.4 Notwithstanding clause 10.1, we may amend these Terms at any time by providing written notice to you, including by updating our Terms on our website. By continuing to use our Services after the notice, or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease using our Services.
3.General Entry
3.1 For General Entry, you may make payment of the admission fee in person at the time you wish to gain entry, or you may book in advance by calling.
3.2 General Entry admission to the premises is subject to capacity limits and is granted on a first-come, first-served basis.
3.3 Subject to your Consumer Law Rights, where you have made payment for General Entry, such General Entry cannot be rescheduled, and the Price that you have paid for General Entry is non-refundable once paid. This clause applies regardless of whether the Price was paid in advance or at the time of entry.
4.Pricing and Payment
4.1The Price will be set out on our website or in person when you make payment for General Entry.
4.2 For General Entry, you must pay the full admission fee either at the time of entry or at the time you purchase a ticket for General Entry online, whichever occurs earlier.
4.3 Late Payments: If you fail to make any payment by the due date, we reserve the right to suspend provision of Services 5 business days after the payment was due. We may also charge you for any additional costs we incur as a result of your late payment, including any costs associated with recovering the overdue amount.
5.Your Obligations
5.1You agree to:(a)comply these Terms and our reasonable requests and requirements at all times;(b)provide accurate and complete information when making bookings for our Services or otherwise interacting with us;(c)not attend our Premises if you or any child in your care are suffering from any illness that could risk others' health or safety;(d)not serve alcohol to attendees at the Premises in violation of all applicable Law;(e)inform us of any physical or medical conditions (including dietary restricts, where applicable) that may affect your or your child(ren)'s participation in our activities;(f)immediately report any accidents, injuries, or safety concerns to our staff. In case of an emergency, we may administer first aid or contact emergency services at our discretion; and (g)treat our premises, equipment, staff, and other patrons with respect at all times.
5.2 Code of Conduct: You agree to comply with our Code of Conduct at all times.
5.3 Supervision: You understand and agree that you are solely responsible for supervising your child/children in your care at all times while at our Premises.
5.4 You must immediately report any accidents, injuries, or safety concerns to our staff. In case of an emergency, we may administer first aid or contact emergency services at our discretion.
5.5 We reserve the right to exclude any person from our Premises if we reasonably believe they pose a health or safety risk to themselves or others.
6.Australian Consumer Law
6.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
6.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
6.3 This clause 6 will survive the termination or expiry of these Terms.
7.Recreational Activities
7.1 We are committed to maintaining high standards of cleanliness and safety throughout our Premises. However, you acknowledge that the use of playground equipment and participation in physical activities carry inherent risks.
7.2 In the course of exercising or engaging in any recreational activities while participating in the Services, if you or your child are killed or injured, we will not be liable except to the extent caused by our reckless conduct. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.
7.3 Under the Australian Consumer Law, statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you:(a)are rendered with due care and skill; and(b)are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and(c)might reasonably be expected to achieve any result you have made known to us.
7.4 Under the Australian Consumer Law, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms, you will be agreeing that your rights to sue us under the Australian Consumer Law if you are killed or injured because the Services provided were not in accordance with these guarantees, are excluded in the way set out in these Terms.
8.Liability
8.1 Despite anything to the contrary, to the maximum extent permitted by Law, you indemnify us and hold us harmless from any Liability that we suffer or otherwise incur arising from or in connection with:(a)you or your child(ren)’s breach of our Code of Conduct;(b)any misuse of our facilities or equipment by you or your child(ren); or(c)any personal injury or death, or property loss or damage, caused or contributed to by you or your child.
8.2 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law: (a)neither Party will be liable for Consequential Loss; (b)a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and(c)our aggregate liability for any Liability arising from or in connection with these Terms will be limited to an amount equal to the Price.
8.3 This clause 8 will survive the termination or expiry of these Terms.
9.Term and Termination
9. 1 These Terms will operate for the Term.
9.2 These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate these Terms immediately.
9.3 Upon expiry or termination of these Terms:(a)we will immediately cease providing the Services (including by removing your access to the Premises);(b)you must immediately remove your Personnel and property from the Premises, as well as ensure that any of your attendees vacate the Premises;(c)without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you; and (d)you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms.
9.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
9.5 This clause 9 will survive the termination or expiry of these Terms.
10. General
10.1 Amendment: Both Parties must sign any changes or modifications to these Terms in writing.
10.2 Confidentiality: Both Parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.
10.3 Disputes: In the event of a dispute, the Parties will first attempt to resolve the matter through mutual discussion or mediation.
10.4 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any Force Majeure Event This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
10.5 Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
10.6 Intellectual Property: Each Party will maintain ownership of any intellectual property they independently create during the duration of these Terms. There will be no transfer of intellectual property rights between the Parties, except as explicitly outlined in these Terms.
10.7 Privacy: We collect, use, and disclose personal information in accordance with our privacy policy, which is available on our website. By using our Services, you consent to our collection, use, and disclosure of your personal information as described in our privacy policy.
10.8 Publicity: Despite clause 10.2, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.
10.9 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
10.10 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
11.Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the following meanings:ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. Code of Conduct means our Code of Conduct as attached to these Terms.Commencement Date means the date these Terms are signed by the last of the Parties.Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for the Services will not constitute “Consequential Loss”.Consumer Law Rights has the meaning given in clause 6.1. Equipment means any equipment we allow to you to use at the Premises.General Entry means where you make a casual visit to our Premises during regular operating hours and pay a per-per admission fee upon entry.Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.Premises means our playground and related facilities.Price mans the price as set out on our website, in our online booking form or in person when you book.Private Booking means a booking made by you for private use of a designated area of the Premises. Services means the provision of access to the Premises, and any other services we agree to provide (as set out in on our website).Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
CODE OF CONDUCT
1.1 To ensure our Services are fun and enjoyable for everyone and that everyone is able to learn and engage in a safe, positive, and friendly environment, we expect you and your child to follow our policies, including for safety and standards of behaviour. For example, we do not accept bullying of any kind, your child disobeying safety instructions, inappropriate touching or inappropriate comments of any kind. You understand that if your child does not meet those standards or otherwise demonstrates inappropriate behaviour, we have the right to warn, or otherwise remove you and your child from the Premises.
1.2 You (and your child) must:(a)comply with our safety rules and instructions at all times;(b)at all times take care not to damage our Premises, and ensure that all attendees of your event do the same;(c)not allow any animals to be admitted to the Premises, other than assistance or service animals;(d)not bring or use any appliances or equipment without our prior approval; (e)not make any additions or alterations to the structure of the Premises;(f)not be intoxicated or otherwise engage in unseemly or offensive behaviour; (g)not distribute or promote discriminatory, hateful or otherwise offensive content, speech or materials;(h)not enter the Premises if you are experiencing symptoms of illness; (i)engage in proper hygiene, including handwashing; (j)remove shoes before entering any play areas and where socks at all times
1.3 Our Premises are strictly a smoke and vape-free environment.
1.4 Food and Drink: Outside food and drinks are not permitted, except water and any food required for specific medical or dietary needs, provided you inform us in advance. Food purchased from us must be consumed in designated eating areas only.
1.5 Photography and Video Policy: Photography and video recording are permitted for personal use only. Commercial photography or recording is prohibited without our prior written consent. We may take photographs or videos for promotional purposes. If you do not wish to be included, please notify us.1.6We reserve the right to remove persons from the Premises who violate the above.