TERMS AND CONDITIONS – VISITORS OF WEBSITE

1. Kidz FunTivities
1.1 This website kidzfuntivities.com.au (‘the Website’) is owned and operated by Kidz FunTivities (ACN 628 788 287) (‘Kidz FunTivities’, ‘We’, ‘Our’ or ‘Us’) on the World Wide Web.
1.2 The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By using the Website you are agreeing to be bound by these terms and conditions.
1.3 We conduct the following business(es):
(a) Sale of services offered via this Website (‘Services’); and

(b) Advertisement of third parties’ goods and/or services (‘Supplier’).

2. Use of the Website
2.1 The Website is for your personal, non-commercial use only. You must not use the Website, or any of the content, for commercial purposes, without obtaining a licence to do so from Us.

3. Conditions of Sale
3.1 You agree to pay for all goods (‘Vouchers’) in full when booking at the prices specified on the Website.
3.2 You understand that payments are processed through a third-party payment gateway and as such we cannot guarantee its availability or performance and your payment and financial details will be subject to their terms and conditions.
3.3 All prices quoted are in Australian Dollars and include local taxes (GST).
3.4 You confirm that you are using a valid credit card and are authorised to use the credit card for any payments regarding bookings on the Website. Unauthorised use of a credit card will not be grounds for a refund.
3.5 Both Kidz FunTivities and the Supplier reserve the right not to sell services to any person, agent or company.
3.6 You agree that should a payment be stopped, rejected or reversed at any stage after the delivery of the service that you will be liable to Us to repay this amount in full and that additional fees and charges may apply.
3.7 Online sales will cease when the allocation of Vouchers is sold, or usually 2 hours before access to the event opens.
3.8 Vouchers can either be downloaded and printed or downloaded and provided to a Supplier digitally in the form of a unique QR code.
3.9 If you scan your issued QR code, or allow your issued QR code to be scanned either deliberately, accidentally or mistakenly, by anyone other than the Supplier then your Voucher is taken to have been redeemed and you will have no further recourse against Us or the Supplier.
3.10 Vouchers may not, without the prior consent of the Supplier, be resold or offered for resale at a premium over the face value of the Voucher (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent Voucher holder.
3.11 Every Voucher sold through Kidz FunTivities is also subject to:
(a) the Supplier’s term and conditions (please see the Supplier’s website);
(b) any terms and conditions of the venue at which the event is held (please see the venue’s website); and
(c) any terms and conditions that may be printed on the Voucher.
3.12 The Supplier reserves the right to add, withdraw, reschedule or substitute and/or vary programs, prices, venues and audience capacity.

4. Gift Registry or ‘Wishing Well’
4.1 Subject to clauses 4.4 and 4.5 herein, the Website also enables:
(a) People to create a personalised online gift registry available through the Website (‘Registry Owner’) of the Vouchers that the Registry Owner would like to own; and
(b) Users of the Website can pay money towards the Vouchers for the Registry Owner’s (the ‘Wishing Well’).
4.2 The users of the Website who pay money towards the Vouchers in the Wishing Well for the Registry Owner are hereby referred to as the ‘Registry Contributor’.
4.3 In the event of any inconsistencies between clause 4 herein and the balance of these terms and conditions, clause 4 will prevail.
4.4 Membership
In order to access the Wishing Well, you are required to register an account through the Website (‘Account’). Once you have completed the registration process you will become a registered member of the Website (‘Member’) and agree to be bound by these terms and conditions.
4.5 Obligations as a Member
You, as a Member agrees that:
(a) You are of legal age to form a binding contract with Kidz FunTivities;
(b) Any information you give to Kidz FunTivities in the course of completing the registration process to create an account will always be accurate, correct and up to date;
(c) You will provide accurate personal information about yourself (such as identification or contact details), including:
i. an email address and/or preferred username;
ii. a mailing address;
iii. a telephone number;
iv. bank details (where applicable); and
v. a password;
(d) You will not share your profile with any other person;
(e) You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Wishing Well;
(f) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kidz FunTivities of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(g) You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(h) You agree not to harass, impersonate, stalk, threaten another Member of the Website;
(i) Your access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of utilising the Wishing Well;
(j) You will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Kidz FunTivities;
(k) You will not use the Website or your Account for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
(l) Any automated use of the Website or Account is prohibited.
4.6 Using the Wishing Well as a Registry Owner
(a) In order to access and utilise the Wishing Well, you, as a Registry Owner must:
i. register as a Member; and
ii. and create a Wishing Well which may include nominating items for the Wishing Well from the various items provided by Kidz FunTivities on the Website where applicable.
(b) In using the Wishing Well as a Registry Owner, you guarantee that the total amount of the Voucher(s) in the Wishing Well is to be paid to Kidz FunTivities in full within 8 weeks of creation of the Wishing Well;
(c) There are no refunds available for a part-paid Wishing Well. If the total amount of the Voucher(s) in the Wishing Well is not paid to Kidz FunTivities in full within 8 weeks of creation of the Wishing Well then the Wishing Well will be cancelled and the amounts towards the Voucher(s) that are paid or part-paid will be credited to a Member’s Account.
(d) After a Wishing Well is cancelled and the Account is credited, a Member is entitled to apply the credit to a new Wishing Well or to any Vouchers currently available through the Website.
(e) You will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Kidz FunTivities; and
(f) Any automated use of the Wishing Well by you, as the Registry Owner, is prohibited.
4.7 Breach of Terms and Conditions
If the Member or the Member in his/her capacity as Registry Owner breaches any of these terms and conditions, Kidz FunTivities maintains the right to remove the Account and Wishing Well from the Website and retain all amounts already paid to the Wishing Well by the Registry Contributor(s) or Registry Owner without the requirement to provide notice to the Member or Registry Owner.

5. Refunds and exchanges
5.1 Please choose carefully before you purchase a Voucher because we do not give refunds or exchanges if you have simply changed your mind about buying the Voucher.
5.2 When you receive or collect the Voucher, please check it immediately. Please check that you are satisfied with it, that it is of acceptable quality and matches the description.
5.3 We do not provide refunds for Vouchers that are merely advertised on our Website by a Supplier and not directly sold by Us to you.
5.4 Notwithstanding your rights under the Australian Consumer Law, you can obtain a refund or exchange if there is a major problem with a Voucher sold by Us to you, for example:
(a) if you would not have been bought by a reasonable consumer who knew about the problem;
(b) if the Voucher is significantly different from the description provided to you on the Website;
(c) if the Supplier did not provide the service provided in the description of the service on the Website;
(d) if the Voucher is substantially unfit for its usual purpose, and it cannot be fixed easily in a reasonable time; or
(e) if the Voucher is unfit for your particular purpose which you told us about, and it cannot by fixed easily in a reasonable time.
5.5 On occasion there may be an error in the advertised price of a Voucher made available for sale via the Website caused by human error or a technical error. Regardless of the reason for the error, Kidz FunTivities reserves the right to immediately cancel any Voucher sold or offered for sale for the wrong price. If we cancel a Voucher because of an error, we will refund you the amount paid for the Voucher and we will endeavour to offer a replacement Voucher of same or similar quality at the correct price but we cannot guarantee such a replacement.
5.6 Notwithstanding these terms and conditions, if you use a “disposable” or “temporary” credit card (such as those purchased over the counter at supermarkets) for your online purchase We are not able to make any refund to you unless:
(a) you can provide full details of the credit card;
(b) the credit card remains valid; and
(c) you can produce the online purchase receipt.
5.7 We do not replace or offer a refund for any lost, stolen or destroyed Voucher or exchange or substitute Vouchers after purchase.
5.8 The Supplier reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you. Your entitlement to a refund in such circumstances is determined by Us. Please contact Kidz FunTivities directly first in order to determine your eligibility for a refund. If the date, time or venue of an event is rescheduled or changed, your Voucher will remain valid for the rescheduled date, time and venue.
5.9 Unless indicated otherwise in relation to a particular event, if an event is cancelled you will be offered a refund. Refunds for Vouchers purchased prior to the date of the original event will be given up to the amount paid for the Voucher (including per transaction handling fees) but will normally exclude any delivery fees paid in respect of the Voucher. Depending on the circumstances in each case, a partial refund may be given where one day of a multi-day event is cancelled. Contact us for instructions if an event is cancelled.
5.10 Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
5.11 Kidz FunTivities will post any relevant information regarding any cancelled or rescheduled events in the news section of kidzfuntivities.com.au, when applicable. It is your responsibility to check the Website for information in relation to any events.

6. Delivery fulfilment
6.1 We fulfil Our commitment to you for the sale of Vouchers by making the Voucher available for digital download.
6.2 If you have elected to download and print the Voucher then you must provide the hard copy Voucher to the Supplier in order to access the event.

7. Links to Advertised Goods or Services on behalf of Supplier
7.1 This Website may contain links to third party websites. The inclusion of a link does not imply that Kidz FunTivities endorses, has investigated or verified the linked websites. Kidz FunTivities makes no warranty or representation concerning these links or the linked websites and you acknowledge that Kidz FunTivities is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
7.2 The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Where specified, neither we nor our officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
7.3 All prices displayed, and products and services advertised on the Website, can be changed without notice.
7.4 You acknowledge and accept that We and our service providers may receive fees and/or commissions from third parties for goods and services that are displayed or made available through the Website, or are hyperlinked from the Website.

8. Changes to Terms and conditions
8.1 These terms and conditions may be amended from time to time. Any amendments will be effective immediately once the amended terms are published on the Website. Your continued access to or use of this website will constitute your acceptance of the amended terms.

9. What happens if you have an inquiry or complaint?
9.1 For inquiries or complaints regarding the sale and delivery of Vouchers please contact us by email at info@kidzfuntivities.com.au or telephone at 0468996670.
9.2 For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management.
9.3 For inquiries or complaints regarding the artist’s performance, sound or lighting or production quality, please contact the Supplier.

10. Data Security
10.1 When Kidz FunTivities process your order We collect your credit card and personal information in accordance with these terms and conditions.
10.2 If you are concerned about using your credit card online please contact us for assistance.
10.3 If you deny or dispute a charge on your credit card made by Us, please contact Us immediately. We consider credit card fraud to be a serious offence and We will assist the authorities to prosecute each case to the fullest extent possible.

11. Lawful and permissible use of website
11.1 You are responsible for ensuring that your access to and use of the Website is lawful and does not infringe any intellectual property rights. You must not take any action that could damage, overburden or interfere with the Website, or any other person’s use of the Website. You must not use any data mining, robots or other tools to automatically and/or systematically collect data from or in relation to the Website. You must not use the Website to obtain any information about other users of the Website, or to transmit malware through the Website. Kidz FunTivities does not accept responsibility for any unauthorised access, use or other actions. All rights are reserved in full in relation to unlawful or unauthorised access or use.

12. Intellectual property
12.1 Kidz FunTivities owns the copyright in the content on the Website (including, but not limited to, text, photographs, images, audio, video, code and software), unless it is expressly attributed to a third party. Subject to clause 12.2 of these terms and conditions, you are not permitted to copy, distribute, modify, frame or use the content on the Website without first obtaining the written consent of an authorised person in Kidz FunTivities unless you are permitted to do so by an express statement in the Website in relation to specific content.
12.2 If you wish to create a link to the Website, please ask Us using the contact information below.
12.3 Kidz FunTivities has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on the Website infringes your copyright or anyone else’s copyright, please contact Us using the contact information below.
12.4 Any content that you post on, or send to, the Website (including but not limited to suggestions) will not be treated as confidential or proprietary. You grant Kidz FunTivities a non-revocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to use this content for any purpose.

13. Disclaimer and liability
13.1 You accept that the internet is not always reliable and that system outages may occur.
13.2 To the maximum extent permitted by law, Kidz FunTivities , our directors, employees, consultants, shareholders, agents and other representatives:
(a) Exclude liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content on the Website, and/or from any inability to use the content, any delay in accessing the Website or any inability to access the Website;
(b) To the maximum extent permitted by law, Kidz FunTivities excludes all other conditions and warranties implied by law or custom; and
(c) To the extent permitted by law, Kidz FunTivities disclaims all liability for injuries caused at an event. By purchasing a Voucher for an event from Kidz FunTivities, you acknowledge and accept these terms and conditions in your personal capacity and on behalf of any accompanying minor. You assume all risks which are incidental to the relevant event, whether before, during or after the event. Kidz FunTivities will not be liable for any obligations owed by the Supplier to you as a Voucher purchaser or Voucher holder.
13.3 This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of goodwill, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.

14. Severability
14.1 If any of these terms and conditions offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
(a) where the offending terms can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed terms had not been included.

15. Choice of Law
15.1 These terms and conditions shall be governed by the laws of the State of Western Australia and any legal proceedings must be commenced in that jurisdiction.

16. Australian Consumer Law
16.1 You may have consumer rights under legislation that applies to you, which cannot be excluded, limited or modified by these terms and conditions. Under the Australian Consumer Law, this includes consumer guarantees that goods are of acceptable quality and correspond with the description (if they are sold by description) and consumer guarantees that services will be delivered with due care and skill, and within a reasonable time.

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