our policy

-Auskiddo Pty Ltd (ABN 39 635 822 801) and its related bodies corporate (collectively, Kiddo Kove,
we, us or our) are pleased to provide to you certain products, services and the use of
kiddokove.com.au website (the website).

-PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

-These Terms and Conditions apply as a binding contract between you and Kiddo Kove, governing
your use of any of our products, services or the website. Where applicable these Terms and
Conditions also apply to your invitees, any attendees, anyone using our product, services or the
website, our employees, agents and contractors.

-Tickets are sold subject to these Terms and Conditions. By purchasing a ticket you acknowledge
that you have read and understood these Terms and Conditions. If you have purchased a ticket for
someone else, you must make available or known to them these Terms and Conditions and by their
attendance they shall be deemed to have accepted the same.

-You must ensure that you, your child, invitees and attendees comply with these Terms and
Conditions at all times. You remain liable in all cases for the performance of your obligations under
these Terms and Conditions. We reserve the right to cancel or suspend any ticket, product or
service you have purchased or which has been purchased on your behalf without a refund and/or
refuse entry and remove you from the premises if we reasonably believe that the ticket, product or
service has been obtained in an unlawful or improper manner or in breach of any of these Terms
and Conditions. Any costs incurred by us resulting from the cancellation or suspension or in
connection with a breach of these Terms and Conditions by you, your child, invitees or attendees,
including any legal costs, debt collection agency costs and GST, must be paid by you within 7 days
of notice from us.

-All prices are in Australian dollars and inclusive of GST. We may be required to charge you or recover from you other applicable taxes, charges and fees, however described, that we incur in respect of a product or service provided to you.

-We will use our best endeavours to ensure all prices and product information on the website or the schedule of fees displayed at the entrance to the premises are correct and up-to-date. Price and availability is subject to change without notice. We take no responsibility for any incorrect information that may be published on the website or any external sites. We reserve the right to refuse any order arising from a mistake or manifest error.

-Subject to our review and approval, we may offer certain products, services or fee arrangements only to customers that meet specified eligibility criteria such as membership-based program. If you no longer meet the eligibility criteria, we will cease making the relevant products, services or fee arrangements to you without notice and without liability.

-Payment methods include cash, credit card, EFTPOS, or other payment authorisation platforms. Payment methods using third parties may carry additional terms which you must comply with. When you give us your credit card or debit account details, you are authorising us to charge your credit card or debit account with the amount of the applicable fees, and you may not withdraw your authorisation until all fees have been paid.

-To the extent permitted by law, and without limiting the application of Australian Consumer Law and the Consumer Guarantees, no refunds, credits or replacements will be given if our operating hours vary from those advertised (for reasons including but not limited to private functions, safety requirements, refurbishment or maintenance); any slides, rides or other facility or equipment is closed for any reason; any activity or offer is cancelled on a permanent or temporary basis for any reason; if you have changed your mind about the ordered products or services; or if you make an incorrect choice.

-Subject to management discretion and requirements under applicable laws, no ticket, product or service can be refunded, exchanged, resold or redeemed for cash.

-Once we receive your prepayment, we will issue tickets which allow you to enter the premises. You
must show the ticket issued to you to gain entry.

-A ticket will be valid for the specified date and time only. A ticket expires upon exiting.

-You must pay the applicable fees for your stay and the products and services provided to you.

  • The length of time that you have spent within the premises will be calculated in an integral
    multiple of one hour.
  • You need to pay for the hourly fees of your choice prior to your entry, plus the hourly fees of any
    overstay, up to an aggregate amount equal to the applicable fees of an unlimited day pass.
  • You are responsible for safe custody of the ticket issued to you. If your ticket is misplaced or
    otherwise lost, a ‘lost ticket’ fee will be charged.
  • You must pay independently for food, beverage and merchandise.

– Due to safety or operational requirements:

  • You should participate in a responsible manner and with good judgment.

-For the purposes of tracing COVID-19 infections, you must record and provide to us the name
and contact details of you and any attendees.

-Anyone who is feeling unwell or suffering from any form of injury will not be permitted entry.
Temperatures may be taken prior to entry.

-You may be refused entry or evicted if we reasonably believe that you are intoxicated,
adversely affected by drugs or alcohol, behave inappropriately, or in breach of any of these
Terms and Conditions.

-Persons with health or medical conditions, who are pregnant or have other physical limitations
are strongly advised to seek medical advice or otherwise assess carefully before they decide
to participate.

  • Children must be supervised by accompanying adults at all times. If the guardian or carer
    appears to be under the age of 18, they may be required to show suitable proof of identification.
  • Socks must be worn at all times within the premises. This applies to children and adults alike.No outside food, beverage, glassware, espies or coolers are permitted unless required for
  • special dietary needs or prepared for newborns, infants or toddlers. No food or beverage is to be
    consumed in play areas.
  • Prams, strollers, shoes or umbrellas must be kept at the cloak room upon arrival. Any sharp
    objects must be removed prior to participating. However, please take your personal belongings,
    valuables or other personal items with you at all times.
    Physical restrictions or clothing or accessory restrictions may apply on some occasions. If
    uncertain of the restrictions please ask our friendly staff prior to participating.
  • You must comply with all signs, follow the directions on the signages, and obey all reasonable
    instructions and warnings given by our staff.
  • You should be aware of your surroundings and be mindful of others. You must refrain from
    behaviours which could affect your safety and the safety of others.
  • You must go down any slides, slopes, stairs or other structure with a gradient feet first.
  • Surveillance devices will be in use within the premises. No running, bullying, offensive language,
    abusive or rough play is permitted.
  • All toys, portable items and parts associated with the facilities or equipment remain our property
    and must be kept within the premises. We reserve the right to inspect any bags or other goods in
    your possession immediately upon request.
  • We will use our best endeavours to keep the premises clean and tidy. Please notify us
    immediately if an area needs cleaning or sanitising.
  • You shall use the parents room to feed, change and care for your child.
    – We will use due care and diligence in providing you with the products and services in a safe
    environment. By your participation you accept the inherent risks of possible injury or harm
    associated with the slides, rides, or other facility, equipment or activity within the premises. These
    include without limitation, damage being caused to persons or property by third parties, the repair
    and condition of the play structures and facilities, theft or malicious damage.
    – If there is any inconsistency between these Conditions of Entry and the notices or conditions
    displayed within the premises, those notices or conditions will prevail.

-Other than as provided in the Australian Consumer Law, you use the products, services, our
premises (including the facilities and equipment therein and interactions with other patrons) or the
website at your own risk. You are required to take reasonable care to avoid damage to yourself,
any attendees, other persons, our property, and third party property. You are liable for, and
indemnify us against, any loss or damage or claim suffered by us in connection with any breach of
these Terms and Conditions by you, your invitees or attendees.
– You acknowledge, agree and understand that you have been warned that:

  • You are at risk of suffering personal injury arising from or in connection with your activities within
    the premises. The risk of personal injury extends to physical or mental injury (including
    aggravation, acceleration or recurrence of any physical or mental injury) including but not limited to friction burns, abrasions, bruising, damage to teeth, muscular injury, motion sickness,
    splinters, loss of consciousness, broken bones together with soft tissue injuries.
  • The risk of personal injury that you may suffer may arise from or in connection with:

– incorrect use of rides or other facilities or equipment;
– failure to follow instructions or directions in relation to a facility or equipment;
– contact or collision with the surface of the ride or other facility or equipment;
– contact or collision with another patron;
– slipping and tripping on floor surfaces;
– the acts or omissions (including negligence) of another person; or
– an unforeseen failure or malfunction of a facility or equipment.
– You accept and acknowledge all of risks identified above voluntarily and at own risk. The
assumption of risk and warning above constitutes a ‘risk warning’ in respect of all activities at Kiddo
Kove for the purpose of section 5M of the Civil Liability Act 2002 (NSW).
– To the fullest extent permitted by law, you agree to waive all rights in respect of any liability for any
claim against Kiddo Kove, including without limitation:

  • Any liability for breach of contract (including any express or implied warranty that any
    recreational services will be provided with due care and skill);
  • Statutory guarantees under the Australian Consumer Law;
  • The right to sue Kiddo Kove on the basis that the recreational services (as defined in the
    Competition and Consumer Act 2010 (Cth)) were not performed in accordance with the statutory
    guarantees, including the guarantees as to due care and skill and as to fitness for a particular
    purpose; or
  • Any liability for negligence arising from, or in connection with, you attendance at and use of the
    premises.
    – To the fullest extent permitted by law, you:
  • Release and will release Kiddo Kove from all claims that you may have or may have had but for
    this release arising from or in connection with your use of the products, services, premises or the
    website; and
  • Indemnify and will keep indemnified Kiddo Kove in respect of any claim by any other person
    arising from or in connection with your participation in any activities at, or use of, the premises,
    against Kiddo Kove in respect of any injury, loss or damage arising out of or in connection with
    your failure to comply with any of these Terms and Conditions, rules of, or directions from Kiddo
    Kove regarding the use of facilities and equipment,
  • Except to the extent that such injury, loss or damage is caused or contributed to by the gross
    negligence of Kiddo Kove.

-No employee, agent or contractor of Kiddo Kove has authority to accept any goods for safe custody
and we will not be liable in any case for loss of or damage to any article alleged to have been left
by you, your invitees or attendees with us or any employee, agent or contractor for safe custody
regardless of how that loss or damage is caused.

-These Terms and Conditions do not create any tenancy, licence or confer any interest upon you by
way of lease, licence, exclusive possession or otherwise in any part of the premises, including any
reserved party room.

-To the extent permitted by law:

  • Subject to these Terms and Conditions and your rights under statute, Kiddo Kove is not liable for
    any direct, indirect, incidental or consequential injury, loss, damage, cost, expense, liability, claim
    or proceeding in connection with the use of the products or performance of the services provided
    to you, products or services not being available for use or offer, data or software which is lost,
    corrupted, deleted or altered, whether arising in tort, contract, or otherwise, including without
    limitation, any loss of contract, opportunity, business, goodwill, data, income, revenue, profit or
    anticipated profit.
  • Any representation, warranty, condition or undertaking that would be implied in these Terms and
    Conditions by registration, common law, equity, trade, customer or usage is excluded to the
    maximum extent permitted by law. Nothing in these Terms and Conditions restricts, excludes or
    modifies any condition, warranty, right or remedy which may be conferred by the Competition
    and Consumer Act 2010 (Cth) that cannot be restricted, excluded or modified by agreement; our
    liability for fraud, death or personal injury caused by our negligence; or other liability which
    cannot be excluded or limited under applicable law.
  • Our total liability in respect of a breach of these Terms and Conditions is limited to the actual
    price paid for the purchase of the goods or service, or the replacement of the goods or the
    supply of equivalent services.
  • You must indemnify and keep indemnified Kiddo Kove against any loss of or damage to any
    property or injury to or death of any persons caused by any negligent act or omission or wilful
    misconduct by you, your invitees or attendees or by any breach of your contractual obligations
    arising out of these Terms and Conditions.

– Any information sent to Kiddo Kove by email is transmitted at your own risk. Kiddo Kove will take
reasonable care to preserve the security of such information but makes no warranties and accepts
no liability as to the security of any email communication.

  • To the extent permitted by law, Kiddo Kove is not liable for any direct, indirect, incidental or
    consequential loss or damage however caused in connection with your use of the website or any
    linked external site, nor to accept any responsibility for any such loss or damage arising out of
    the use of or reliance on information contained on or accessed through the websites.
  • Kiddo Kove makes no warranties and accepts no liability in relation to material contained on
    external sites. Links to external sites are for convenience only and should not be construed as
    any endorsement, approval or recommendation by Kiddo Kove of the owners or operators of the
    external site, or of any information, products or services referred to on the external sites.

-Kiddo Kove is committed to protecting your personal information. To ensure compliance with the
Privacy Act 1988 (Cth) and the Australian Privacy Principles, we will collect, secure, store, use and
disclose your personal information in line with our Privacy Policy.
– When using our products or services, joining our membership, visiting the website, registering to
receive subscriptions, participating our marketing communications or activities, or otherwise
-Interacting with us, you may be asked to provide personal information. Before providing any
personal information, please read the Privacy Policy carefully. By providing your personal
information to us, you consent to its collection, use, storage and disclosure, including consent to
receive email, SMS messages and marketing materials from us and our business partners.
– The personal information may include an individual’s:

  • name, gender, date of birth, contact details;
  • credit card, debit account or other bank account or payment details;
  • membership-based information including attendance and purchase history, product preferences,
    goods and services you may be interested in;
  • current and past employees’ names, contact details, employment and educational history and
    other records required to be kept by law;
  • feedback, enquiries and complaints about our products or services;
  • photographs or images of identifiable persons (including children) made publicly available on
    social media platforms; and
  • other information related to Kiddo Kove’s products, services, activities, venues or staff.

– We collect and hold this personal information primarily for the following purposes:

  • supplying our products or providing our services for the purposes of managing activities
    including but not limited to access to rides and the play areas, serving food and beverages,
    catering and conducting parties and functions;
  • receiving payments for the supply of our products and services;
  • sending marketing and promotional message and other information that may be of interest to
    you;
  • establishing and maintaining relationships with customers;
  • testing or upgrading our products and services to our customers and the website;
  • managing internal operations including record keeping, database management, data analytics;
  • considering and dealing with our customers’ enquiries, collecting feedback, handling complaints;
  • preventing, investigating and responding to any incidents;
  • maintaining employees’ records as required by law;
  • meeting audit requirements or as otherwise required, authorised or permitted by law.

– Kiddo Kove also collects, holds and maintains personal information from:

  • our suppliers, such as their names, addresses, other contact details and insurance details for
    the purpose of managing our supplier relationships;
  • our contractors and agents, such as their names, addresses, other contact details and insurance
    details for the purpose of managing our relationships with contractors and agents; and
  • our potential employees, such as their resumes and contact details as part of our recruitment
    process.

 

-Kiddo Kove generally collects personal information when you:

  • communicate with us by telephone, email, text message, facsimile transmission or post;
  • communicate with us via Facebook, Twitter, YouTube, Instagram, TikTok, WeChat or other social
    media platform;
  • communicate with us via the website, including by completing and providing to us any form
    available on the website or submitting any request or enquiry;
  • participate in User Generated Content;
  • meet with our representatives in person; or
  • complete and submit to us any form necessary for providing to you our products and services.

 

-Kiddo Kove does not collect sensitive information unless permitted, required or authorised by law,
or you consent to its collection. Sensitive information has the meaning in the Privacy Act 1988 (Cth)
and includes information about an individual’s:

  • race, ethnicity, religious beliefs, political affiliations or sexual orientation;
  • criminal record;
  • membership of professional or trade associations or unions; and
  • health information.

– Kiddo Kove has internal controls which guide who within Kiddo Kove has access to and the ability
to modify personal information.

  • Personal information is stored in hard copy onsite and in electronic form onsite and offsite. Hard
    copy documents which contain personal information are only assessable by appropriate staff
    members.
  • All information and communication technology holds the necessary security and virus
    protections to ensure data security. We will not be liable for any loss of data or data breach in
    the circumstances where we followed necessary security measures or took reasonable steps to
    prevent any likely risk of serious harm to you due to any loss of data or data breach.
  • Where personal information we collect is no longer required, we securely destroy or delete such
    personal information or permanently de-identify it. We will take reasonable care to ensure your
    personal information is protected from loss, misuse, unauthorised access, modification or
    disclosure but we cannot guarantee the security of your personal information.

– We use and disclose your personal information for the legitimate business purpose for which it was
disclosed to us at the time of collection. Your personal information may be used for related
purposes that you would reasonably expect without the need to obtain your prior consent.

  • We will not sell, rent or trade your personal information. We may, however, share your personal
    information within our organisation and with our related bodies corporate, for using for same
    purpose for which your personal information was provided to us. In some cases it will be
    necessary to pass certain personal information to our professional advisors or other third parties
    in order to comply with reporting and statutory obligations. This may include our employees,
    agents, contractors, auditors, insurers and tax, financial and legal advisors.
  • We may also disclose your personal information to service providers and contractors who
    provide services to us in connection with provision of our products and services to you. While
    personal information may be provided to these service providers and contractors to enable them
    to perform agreed tasks, we will generally require such parties to protect your personal
    information in the same manner that we do.
  • We will not otherwise use or disclose your personal information unless the use or disclosure is
    authorised under or not prohibited by the Privacy Act 1988 (Cth) or the Australian Privacy
    Principles.

– The website may contain links to external sites, such as websites of advertisers, sponsors and
other companies with whom we have relationships. We are not responsible for the privacy
practices of the linked external sites. Any concern that you have with respect to the privacy policies
of a linked external site should be directed to the operator of that website.

– The website may contain User Generated Content, which links to information (including photos
referring to Kiddo Kove’s products, services, activities, venues or staff) you or other people upload
to their accounts in social media and make available to the general public.

  • Information which is disclosed by way of User Generated Content may be displayed by Kiddo
    Kove on the website or our accounts in social media for promoting and improving our products
    and services to our guests.
  • Such User Generated Content may contain personal information including photo images of
    identifiable people and children. Because a user of social media has already made such
    information publicly available on their social media account, Kiddo Kove is not responsible for
    any alleged breach of privacy policy. Any enquiry or concern you may have with respect to
    privacy of such social media platforms shall be directed to them.

We use cookies and other tracking technologies to optimise your experience with the website and
to offer you services and communications tailored to your interests. Cookies are files that store
information about your visit to our website. You may opt out by reseting or modifying the settings of
your browser, although some parts of the website may not function properly if you do so.
– If you visit the website to browse, read or download information, register as a member or purchase
our goods or services, our system will log your movements. We use the website logs to assist us in
providing the relevant products or services to you and in the other ways described in this Privacy
Policy. These website logs are not personally identifiable and we make no attempt to link them with
the individuals who browse the website unless you have provided your express consent.
– You have a right to request access to your personal information and request its correction.

  • Upon your request to us, and to the extent permitted by law or as required by the Australian
    Privacy Principles, we will provide to you details of any personal information disclosed to us and/
    or cease to make use of your personal information for the purposes described above. If we are
    not able to give you access you requested, we will notify you and provide you with the reasons
    for our inability to give you the access.
  • We will take reasonable steps to ensure that the personal information we hold about you is
    accurate, complete and up-to-date.

 

– If you have a complaint about the Privacy Policy, please let us know the nature and details of your
complaint in writing and we will promptly investigate your complaint.
– Please contact us by emailing admin@kiddokove.com.au if you:

  • require access to your personal information;
  • believe the details you have provided to us are inaccurate, incomplete or out-of-date;
  • do not wish to receive marketing material from us and wish to opt out of Kiddo Kove’s marketing
    activities;
  • need to lodge a complaint about the Privacy Policy; or
  • would like further information regarding the Privacy Policy.

-Kiddo Kove accepts no liability for any failure to comply with these Terms and Conditions where
such failure is due to circumstances beyond our reasonable control. If we do not exercise or
enforce any rights available to us under these Terms and Conditions, it does not constitute a waiver
of those rights. If we waive any rights available to us under these Terms and Conditions on one
occasion, this does not mean that those rights will automatically be waived on any other occasion.

– If any of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for
any reason, that provision will be severed from the remaining Terms and Conditions, which will
continue in full force and effect.

– These Terms and Conditions are governed by the laws of New South Wales. You agree to submit
to the exclusive jurisdiction of the courts of that jurisdiction. If a dispute arises, we strongly
encourage you to first contact us directly to seek a resolution by emailing
admin@kiddokove.com.au.

– References to these Terms and Conditions include any specific or supplemental terms and
condition as may be updated from time to time. We may vary these Terms and Conditions at any
time for any reason without notice. Any variations become effective upon display. By using the
products, services or the website you agree to be bound by these Terms and Conditions as varied
from time to time.

– All information contained on the website (including these Terms and Conditions) is protected by
copyright. You must not by any means or in any form copy, make available, retransmit, adapt,
reproduce, store, disseminate, distribute, print, display, sell, publish, broadcast, create derivative
works from or otherwise circulate either within your business or for public or commercial purposes
any part of this website, any information, materials, products or services in any form whatsoever
without our prior written consent and entry into a licence.