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Entertainment Park

Terms & Conditions

Please read these Terms & Conditions (“Terms”, “Terms of Service”, “Agreement”) carefully before using the entertainmentpark.com.au website.

In these Terms & Conditions, “we” “us” and “our” refers to JVC HOLDINGS PTY LTD T/AS ENTERTAINMENT PARK (ACN 111 921 709).

JVC HOLDINGS PTY LTD T/AS ENTERTAINMENT PARK, ACN 111 921 709 operates www.entertainmentpark.com.au (the “website”) to provide online access to information on the products and recreational services offered by Entertainment Park operating at 20/ 361 Milperra Road, Bankstown, New South Wales, 2200 (“the Premises”).

Your access to, and use of all the information on the website, the products and recreational services made available to you through the website, and individual participants use of the facilities, equipment, and recreational services provided at the premises and its surrounds is provided subject to the following Terms & Conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms & Conditions as amended. We therefore recommend that each time you access our website you read these Terms & Conditions.

By accessing browsing and using the website, registering, booking or making a purchase online or in person, you indicate that you have read, understood and agree:

i. All the Terms & Conditions herein;
ii. Your continued use of the website constitutes an Agreement between you and JVC HOLDINGS PTY LTD T/AS ENTERTAINMENT PARK, ACN 111 921 709 to abide and be bound by these Terms & Conditions;
iii. That the equipment, services and facilities provided by Entertainment Park are to be used in accordance with the rules and conditions displayed throughout the premises and these Terms & Conditions.

If you do not understand, or do not agree to all of the provisions contained in these Terms & Conditions, please close and exit all open pages from entertainmentpark.com.au and do not use the website.

1. Entertainment Park is a licensed premises and as such anyone entering are bound by the requirements of the Liquor Act 2007.
2. Intoxicated persons will not be permitted entry.
3. Liquor may not be brought onto or taken off the premises.
4. Guests who are intoxicated, argumentative, quarrelsome, aggressive or disorderly will be removed from the Premises.
5. Smoking is not permitted indoors.
6. Professional, commercial, staged or organized photography or video recording is not permitted without prior authorisation.
7. Tripods, lighting, other standalone ancillary photography or video equipment is not permitted.
8. Any type of activity or item that may impact on other Guests safety or enjoyment whilst on the Premises is not permitted.
9. For the safety of all guests and staff, the Premises and surrounding areas are under 24-hour CCTV surveillance.
10. All children must be accompanied by a parent or supervising adult at all times.
11. You must obey all reasonable verbal or written instructions / warnings given by Entertainment Park Staff.
12. Appropriate clothing and footwear must be worn at all times.

Hours of Operation
Our normal Hours of Operation are from 10am to 10pm, seven days a week.
We reserve the right to alter our normal Hours of Operation or close the Premises at times other than those advertised and published.
While we use all reasonable efforts to ensure that our Hours of Operation published on our website and third party websites are accurate and up to date, we do not guarantee the accuracy of any information published.

Photography Policy
1. Entertainment Park, on occasion, may take photographs of guests within the venue for a number of purposes not limited to but including:

i.   Mementos for groups and individuals conducting an event
ii.  Display on in venue televisions and displays
iii. Training and development purposes.

2. By entering the Premises you consent for us to take video and images for security and promotional purposes of yourself and, or any child you are responsible for.
3. Any photographs, videos or sound recordings taken by guests must be limited to their own attendees and are for personal enjoyment only. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited.

Promotional and Advertising Material
By providing us with your email and/or phone number you consent to receiving promotional and advertising material from time to time. You may opt out from receiving this information at any stage.

Our website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. Prices are displayed on the products on our website and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change, or if the product is not available.
3. Entertainment Park products may not be onsold for any reason. Any onsold product may be refused when presented at Entertainment Park for redemption.

Product Descriptions
1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full options relating to that product.

Site Access
1. When you visit our website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks
1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights
1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
2. All trademarks, brands and logos generally identified either with the symbols TM or ® but not limited to these which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers
1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is excluded.
3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability
1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
4. We do not participate in any way in the transactions between our users.

Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction
1. These Terms & Conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these Terms & Conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these Terms & Conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Terms & Conditions and the remaining provisions will remain in full force and effect.

Security & Privacy
1. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with privacy legislation and implemented security measures are set out in our separate “Security & Privacy Policy” which may be accessed on our website at the following URL https://entertainmentpark.com.au/security-privacy-policy/

Product Orders
1. Our products available for booking online are for sale to adults over the age of eighteen (18) years. By proceeding to purchase and make a product booking through our website, you acknowledge that you are over 18 years of age.
2. We endeavour to ensure that our products available for purchase and booking online are current, however we give no undertaking as to the availability of any product advertised on our website.
3. In circumstances where Entertainment Park encounters unforeseen technical issues, or delays with our booking schedule, your session start time may begin later than the original start time requested at the time of booking.
4. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our prices are available on our website and we reserve the right to amend our prices at any time.
5. We accept payments for online product bookings via Mastercard and VISA.
6. When you order from us, we require you to provide your name, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
7. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that the product requested for booking is not available on the date and/or time requested.
8. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

Changes & Cancellations
To the extent permitted by law, and without limiting the application of Australian Consumer Law and the Consumer Guarantees, no refunds or credits will be given if:

i. You have changed your mind about the ordered products; and/or if you make an incorrect choice;
ii. If you or a participant is running late and/or less than the number of reserved drivers participate in the booking itself.
iii. Entertainment Park’s operating hours vary from those advertised for reasons including but not limited to Private functions or unforeseeable events, or events beyond our control such as pandemics, acts of terrorism, war or natural disasters;
iv. Any purchased products, rides or activities are closed for any reason (including but not limited to maintenance or repair).

Gift Card Orders
1. Gift Cards available for purchase online are for sale to adults over the age of eighteen (18) years. By proceeding to purchase a Gift Card through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our prices are available on our website, and we reserve the right to amend our prices at any time.
3. We accept payments for Gift Card purchases online via Mastercard, VISA and AMEX.
4. When you order a Gift Card from us, we require you to provide your name, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
5. We undertake to accept or reject your Gift Card order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected.
6. Once you have submitted a Gift Card order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

Gift Cards Terms Of Use
1. By purchasing or using the Gift Card, you agree to be bound by the these terms and conditions.
2. Gift Cards are to be treated like cash. Defaced, mutilated, altered, lost or stolen Gift Cards will not be replaced, refunded or redeemed.
3. The credit balance on the Gift Card is redeemable for purchases online and in venue at Entertainment Park for:

i.   Activities including E-Karting,  Ten Pin Bowling & Racing Car Simulators & Arcade Machines (PlayPass card);
ii.  Food and Drinks from Hangry Café;

4. Gift cards are not redeemable for cash, cannot be re-sold and cannot be reloaded.
5. Gift cards expire 36 months from the issue date, at which time any unused balance will be forfeited.
6. If a purchase exceeds the available Gift Card balance, you must make up the difference with another payment method.
7. No change will be given for any unused Gift Card balances.
8. You are liable for all transactions on your Gift Card, and you release Entertainment Park from any liability, claim or the like arising as a result of Entertainment Park honouring a stolen or unauthorised copy of a Gift Card.

Changes & Cancellations
To the extent permitted by law, and without limiting the application of Australian Consumer Law and the Consumer Guarantees, no refunds or credits will be given if:

i.    You have changed your mind about the Gift Card purchased or if you make an incorrect choice;
ii.  Gift Card has been lost, damaged or stolen
iii. Gift Card balance has not been redeemed prior to its expiry date

Please read and acknowledge the information below as it applies to all individual participants:

JVC HOLDINGS PTY LTD T/AS ENTERTAINMENT PARK, ACN 111 921 709 operating at 20/ 361 Milperra Road, Bankstown, New South Wales, 2200 (“the premises”) is providing recreational services which includes the use of Electric Go-Karts, Virtual Reality, Racing Car Simulators, Bowling, Arcade Games, and the use of the premises and its surrounds.

Entertainment Park will ensure that the facilities are operated with due care and skill and that the equipment and facilities will be suitable for the purpose for which they are used.

Section 1: YOU ARE AWARE OF THE FOLLOWING:
1. Go-karting is potentially dangerous activity and may result in serious injury, including death.
2.The go-karts provided by Entertainment Park operate at speeds up to 80km/h.
3. Zero Tolerance to drug and alcohol (0.00 BAC) with the use of the go-karts.
4. The use of Mobile phones, and consumption of food and drink is not permitted within the areas of the Go-karting track, Racing Car Simulators and Virtual Reality.
5. No outside food or drinks allowed.
6. You must be a minimum height if 120cm to use the junior go-karts and 148cm to use the adult go-karts.
7. The maximum weight limit for an individual go-kart is 120kg.
8. For safety reasons, pregnant women, and people with certain pre-existing health conditions are not permitted to use the karts.
9. Entertainment Park reserve the right to refuse you, without limitation, entry to the premises and at any times may withdraw its consent for you to remain in and/ or return to the premises.
10. If any Entertainment Park staff member has any doubts about your ability to drive or believe that you are under the influence of either drugs or alcohol, then you will be not permitted to use any of the activities, and you may be asked to leave the premises.

Section 2: YOU AGREE TO THE FOLLOWING:
1. I VOLUNTARILY ASSUME ALL RISKS involved in or arising from my use (whether in accordance with these terms or conditions or otherwise) of any go-karts, equipment, services, facilities provided to me by Entertainment Park, including without limitation, the risk of death, bodily injury, or property damage.
2. I AGREE that I have read that I shall comply with all the rules and safety instructions provided by any Entertainment Park employee or agent, including these Terms & Conditions, as well as any signs displayed on the premises. If I do not fully understand any such instructions, I will ask a manager for an explanation to my satisfaction. I further agree and acknowledge that any use by me of any go-kart, equipment, service or facility provided by me by Entertainment Park shall amount to a representation that I have read and understood all rules and safety instructions, including these Terms & Conditions, as well as any signs displayed on the premises.
3. I AGREE to pay the cost of and authorise Entertainment Park to take all steps it considers reasonably necessary to protect or ensure my welfare in the event of an incident or personal injury occurring at the premises, including but not limited to, obtaining medical treatment and/or transportation to a medical facility for me/or any minor(s) for whom I am responsible.
4. I AGREE that I am responsible for, and that I shall immediately pay for damage caused to the premises, go-karts, equipment, facilities and/or personal property of any other person caused by me or any minor(s) for whom I am responsible.
5. I AGREE AND HEREBY GRANT PERMISSION to Entertainment Park and their agents and employees to use my image or likeness, in whole or in part, in any marketing or promotion material whatsoever.
6. I AGREE, ACKNOWLEGE, WARRANT AND REPRESENT THAT I AM NOT UNDER THE INFLUENCE OF DRUGS. I further agree and acknowledge that Entertainment Park operates under a strict zero tolerance to drugs policy. I agree to comply with a breath test administrated by Entertainment Park staff at any time and that my refusal to do so may result in Entertainment Park refusing me the right to drive or use any other services provided. I agree that my blood alcohol level is (0.00 BAC) when wanting to participate in activities.
7. I AGREE AND UNDERSTAND if I am participating in an inappropriate manner, using inappropriate wording or being aggressive towards staff or fellow patrons I may be asked to leave the premises and may not be NOT allowed to return or may be refused entry into Entertainment Park.
8. I WARRANT AND REPRESENT THAT I AM IN GOOD HEALTH and free from any pre-existing health or medical conditions which may prevent me from safety operating the go-karts or any other activities and equipment. I further agree and represent that I do not participate in the activity of go-karting or any other activities within the premises contrary to the advice, diagnosis or similar of an appropriately qualified medical person and, further, that I have advised Entertainment Park of any such pre-existing medical condition prior to executing this form.
9. TO THE FULLEST EXTENT ALLOWED BY ANY APPLICABLE LAW, I HERBY RELEASE ENTERTAINMENT PARK, its directors, employees, agents, partners, affiliates, landlords and event sponsors from any and all liability to me, or any third party for any loss, injury or damage, howsoever arising out of or in conjunction to mu use or similar of the good and/ or services ( including, but not limited to driving go karts and any other activities) provided by Entertainment Park, including that which arises from the negligence of Entertainment Park.
10. I HEREBY AGRE TO INDEMNIFY AND HOLD HARMLESS ENTERTAINMENT PARK, and its directors, employee’s, agents, partners, affiliates, landlords and event sponsors and agree to continue to keep the same always indemnified in respect of any loss, claim, cost, liability and/or demand made by any other person, arising howsoever in conjunction to my use of similar of the goods and/or services( including, but not limited to driving go-karts or using other activities) provided by Entertainment Park and/or my failure to comply with the terms of this document, including any breach of representation or warranty.

By agreeing with these terms & conditions, you will be agreeing that your rights to sue the interested parties listed in section 2, dot point 2 under the Australian Consumer Law and other legislation 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 this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence. 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. If you do not understand this form, or do not agree to be bound by the provisions of this agreement, you should not continue browsing this Website and should not visit the premises.