The following conditions of sale will apply to and bind the purchaser of any goods or services supplied by Fun-Link Pty Ltd trading as Sea Stars Play Cafe ABN 30 657 947 192 trading as Sea Stars Play Cafe (We, Our, or Us). The Conditions are also displayed throughout Our premises, are emailed to you when you make a booking, and are available on Our website at www.seastarsplaycafe.com.au.

NOTICE TO USER:  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY PARTIPATING IN THE SALES PROCESS AND AUTHORISING A PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS & CONDITIONS. YOU AGREE THAT A CONTRACT FOR THE SALE AND SUPPLY OF SERVICES IS BEING FORMED BETWEEN YOU, THE CUSTOMER, AND SEA STARS PLAY CAFE. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AND ENTERING THIS CONTRACT AS THEIR AGENT.

IMPORTANT NOTICE – PLEASE READ EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – YOU ARE ENTERING A CONTRACT – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.

Please be aware that you must:

1. a) read, understand, and agree to comply with all individual safety rules and systems as set out by Us;
   b) have a valid wristband/stamp in order to access any areas;
   c) not be under the influence of drugs or alcohol or be in attendance with anyone knowingly under the influence, even if not participating;
   d) be actively aware of any children and their location in your care; supervising your children is not the responsibility of staff, however We will always assist when and where possible;
   d) always have an adult guardian in the venue to supervise any child aged 16 (sixteen) and below;
   e) agree to comply with all weight and height restrictions in each area if and where applicable;
   f) be free of any medical conditions that could be worsened, could harm others in the venue, or could damage the equipment by participating in any activities within Sea Stars Play Cafe;
   g) always behave in a manner which promotes your safety and the safety of others.

Sea Stars Play Cafe is the provider and supplier of recreational and entertainment services and facilities, including but not limited to indoor soft play equipment and structures, arcade machines, the conditions, layout, construction, design and maintenance of the Sea Stars facility. Using the Sea Stars facility is undertaken in accordance with the rules and conditions provided in this document and in safety briefings.

BY PURCHASING A TICKET FOR OR BY USING ANY OF THE FACILITIES AT SEA STARS PLAY CAFE VENUE, THE CUSTOMER AGREES TO BE BOUND BY THESES CONDITIONS:

Sea Stars Play Cafe, its employees, directors, and agents are not liable to the customer, his, her or their dependents or legal representatives for personal injury or death suffered by the customer because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute, or statutory duty by Sea Stars Play Cafe.

The customer acknowledges that the recreational activities are dangerous with inherent risks and hazards and as a consequence personal injury and sometimes death can occur, and the customer assumes and accepts all such risks and hereby waives the right to sue Sea Stars Play Cafe for any personal injury or death in any way whatsoever caused by or arising from the customer’s participation in such activities.

RISK WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are injured or worse because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 1 and 2 of this sign.

PLEASE NOTE: The change to your rights, as set in this form, 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 & Fair-Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.

The customer agrees to pay the cost of and authorises Sea Stars Play Cafe to take all steps it considers reasonably necessary to protect his/her/their welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

Children must be at least 1 years of age to use the facilities at Sea Stars Play Cafe, and when less than 16 years of age, be supervised by a responsible adult (18+ years of age). Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.

Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the playground, ropes course, miniature cars, and any equipment that may require a harness or safety apparatus. If in doubt, please seek medical advice from your general practitioner or preferred medical professional.

While in the Sea Stars Play Centre venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.

The customer must comply with all signs or other directions of Sea Stars Play Cafe, and it may suspend or cancel the customer’s access to recreational activities at the Sea Stars Play Cafe venue in its absolute discretion for noncompliance with these conditions, or for reckless or careless conduct.

If you purchase any type of ticket for any of the facilities at the Sea Stars Play Cafe venue on behalf of another person, you agree that you make that purchase as the authorised agent of that person so that he/she/they will be bound by these conditions.

This agreement:
Is governed by the laws of the State of South Australia, the Courts of which shall have exclusive jurisdiction, and if any part or provision is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.

RISK ACKNOWLEDGEMENT
By purchasing a ticket for using the facilities at Sea Stars Play Cafe premises, and/or wearing a wristband supplied by Sea Stars Play Cafe, accepting a discounted or complimentary pass to the premises; or using the facilities within the Sea Stars Play Cafe premises:

1. a) You agree to have understood and be bound by these Conditions and that these Conditions are deemed to have been signed by You for the purpose of the exclusion of liability under section 42 of the Fair-Trading Act 1987 (SA) (Fair Trading Act); and
2. b) are deemed to have accepted Sea Stars Play Cafe privacy policy on the Website.

You agree to adhere to the rules set forth by Sea Stars Play Café and its agents at all times and as directed and acknowledge there is significant risk in non-compliance with the rules. Strict adherence to the rules by you is required by Us as a term of entry into the Sea Stars Play Cafe premises.

CONDITIONS OF SALE
While in Our premises You acknowledge that:

1. a) external food and drink cannot be consumed on Our premises and is strictly prohibited from being allowed into the venue;
2. b) smoking, the consumption of alcohol (other than alcohol supplied by Us (if any)) or the use of any unlawful drugs or stimulants at Sea Stars Play Cafe is strictly forbidden. Your participation in recreational activities at Sea Stars Play Café will not be allowed if one of Our employees considers or suspects that You have undertaken these activities at Our premises, or are under the influence of alcohol or unlawful drugs or stimulants; and
3. c) You cannot use Our equipment under the influence of alcohol, drugs, or any other stimulant.

These Conditions are governed by the laws of the State of South Australia, the courts of which have exclusive jurisdiction. If any of these Conditions are determined to be void, invalid or otherwise unenforceable, such conditions are deemed deleted and the remaining Conditions remain and continue to be valid, binding, and enforceable.

PARTY TERMS + CONDITIONS.

1. A deposit is required to secure a party or event booking, and full payment made prior to conclusion of the event. The deposit and any other payments made in advance are non-refundable, except as provided for in our refund policy.
2. Party bookings can be made in person, online and over the phone. We require a $100 deposit to secure your birthday party booking with the remaining cost to be paid upon arrival at the venue on the party date.
3. Party bookings are for a minimum of 10 children. If less than 10 children attend, the minimum cost for the selected party package, outlined on the website, is not subject to change.
4. We will contact you within (7) seven days of your scheduled event to confirm the final details of your booking. Whilst we do our best to accommodate all requests, the final date for confirmation of all party or event details changes will be NO LATER than 5 (five) days prior to your event. This is to allow our team to prepare adequately and order stock as necessary. Changes or removal of items within the 5 days may only be changed at the discretion of management.
5. You can adjust your guest numbers up until 5 (five) days prior to your event. This guest count is final and is what you will be charged for, regardless of how many children attend on the day.
6. If guests cancel after the aforementioned deadline, or do not show up on the day of the party, you will not be eligible for, or issued a credit or refund for their cost.
7. The Sea Stars team may change at their discretion, the location of your party to, or from a party room to or from a private area in our cafe. This may include a sectioned off area in the dining space, or another area within the venue. This will be communicated to you in advance.
8. You will have full access to the room and venue facilities for (2) two hours as per your booking. You should aim to be ready to vacate the space on time to avoid any inconvenience or discomfort in being asked to vacate by the Sea Stars team to prepare the area for the next event.
9. If you cancel your event with more than (7) seven days’ notice, you will have the choice to re-book another date (within 6 months) or use the amount of your deposit as in-store credit with us.
10. If you cancel with less than (7) seven days’ notice, your deposit will be forfeit.
11. You agree to be bound by the general Sea Stars Play Café Terms & Conditions

OSHC/Education Facility PAYMENT TERMS & CONDITIONS

1. To secure a booking, the OSHC/Education Facility will need to pay the $100.00 deposit within 7 days of creating the booking to secure the booking. If the deposit is not paid within the initial 7 days, your booking place may be forfeited to another booking holder.
2. Sea Stars will contact you within (7) seven days of your booking date to finalise details. OSHC/Education Facility attendance numbers must be finalised 7 (seven) days prior to your visit.
3. Confirmation of all children in attendance must be confirmed with reception staff upon arrival on the date of your booking. A final invoice will be sent out based on the figure confirmed upon arrival. This must be paid no later than 7 (seven) days after your booking date. Payment can be made in person, over the phone or via direct transfer with remittance emailed through provided as evidence.
4. OSHC/Education Providers will be excluded from any future bookings if there are any outstanding fees owing. Once all outstanding fees are paid, OSHC/Education Providers will be permitted to secure a future booking.

OSHC/Education Provider GENERAL TERMS AND CONDITIONS

1. OSHC/Education Provider groups are expected to arrive on time. Late arrival will not extend the booking end time, nor will early arrival grant early access to the venue. We request that you aim to arrive approximately 10 minutes before the booking start time.
2. OSHC/Education Provider groups will be assigned into a party room – This will allow a space for school bags, drink bottles and shoes to be stored.
3. No outside food, including lunchboxes are permitted to be brought into or consumed in the venue. *You may be granted an exemption for this at your request, upon management discretion. Upon approval, you will be required to sign a waiver acknowledging the terms and conditions of outside food consumption.
4. OSHC/Education Providers Staff are expected to provide active supervision of their students at all times. Sea Stars employees are not responsible for supervision, or behaviour management of students in your care.
5. The venue does not close from the public whilst OSHC/Education Provider bookings occur. Staff and students must ensure they are considerate of the public guests throughout the entire duration of their booking.
6. Students who are non-compliant to the playground rules and safety guidelines may be asked to come off the play equipment until they are ready to follow the rules at Sea Stars.
7. Grip socks are compulsory for all students and OSHC/Education Provider staff accessing the play equipment.
8. Students over 3 years of age are not permitted in our toddler play area. This space is for children UNDER 3 years of age only.
9. High ropes course access must be pre-booked and approved at least 7 days prior to your booking date. Approval will be made upon management discretion.

WEBSITE TERMS AND CONDITIONS

• By using the website of Fun-link Pty Ltd trading as Sea Stars Play Café ABN 30 657 947 192 (Website), you are agreeing to be bound by these terms and conditions.
• The Website may provide links to third party websites and the products or services of third parties. We disclaim all responsibility and liability in any way. Your access or use of any third-party sites is at your own risk. The Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. We do not endorse or recommend the goods or services of advertisers or their websites.
• Copyright in the Website is owned by Us or Our licensors. The Website may contain trademarks or logos of Ours, other companies, or organisations and these are proprietary to the owner(s) of such marks.
• We may at any time discontinue or limit access to the Website or its content. We may terminate or limit your access to the to the Website if you breach these conditions. All disclaimers and limitations of liability by Us will survive termination.
• The prices of Our products are the prices displayed on the Website on the date of your order (inclusive of Goods and Services Tax (GST) and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)).
• All prices displayed on the Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Website. You may not cancel an order once it has been submitted and paid, even if a confirmation email from Us is still pending.
• All online purchases are governed by the terms and conditions of the use of Our venue, copies of which are available online and at Our venue.
• You acknowledge that despite Our reasonable precautions, Our products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances, or other oversight. In these circumstances, We reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
• If a cancellation occurs in accordance with these terms and conditions, after your credit card has been charged for the purchase, We will immediately offer to reschedule your booking on a day and time of your choosing, or we will issue a gift card with the amount of your purchase in credit for use in line with our gift card terms and conditions.
• We reserve the right to make any changes to the details and these terms and conditions if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording notice, provided that this does not materially affect the nature of Our products purchased by you.

When you click on the “I Agree” checkbox when purchasing items from the Our Website, you agree to these terms and conditions and the terms and conditions of use of Our venue, and We will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. We will supply you, subject to availability, with the products set out in your order. When purchasing from the Website your financial details are passed through a secure server.

No transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, We do not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to Us, including your credit card details, is transmitted at your own risk and We have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by Us.

Once We receive your transmission, We will take reasonable steps to preserve the security of such information. These terms and conditions are governed by and construed firstly in accordance with the laws of the State of South Australia (the courts of which have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these terms and conditions should be determined to be void, invalid or otherwise unenforceable, such conditions are deemed deleted and the remaining terms and conditions remain and continue to be valid, binding and enforceable.

GIFT CARD TERMS AND CONDITIONS

A gift card may be used to purchase General Admission tickets or birthday parties issued by Fun-link Pty Ltd trading as Sea Stars Play Café ABN 30 657 947 192 (We, Our, or Us), at Our venue.

Gift cards:

1. are valid for 36 months from date of issue.
2. are not for resale and are not redeemable for cash.
3. can be reissued if lost or damaged.

In the event of any dispute, Our decision is final. We reserve the right to change these terms and conditions without notice.
For further clarifications, please contact us via email at admin@seastarsplaycafe.com.au or via phone call on (08) 7093 3433.

SEA STARS PLAY CAFE REFUND POLICY

Sea Stars Play Café, Mawson Lakes, Fun-Link Pty Ltd ABN 30 657 947 192  (We, Our, or Us) does not offer any refunds for pre-purchased tickets or deposits. Customers who have pre-purchased tickets may not exchange their time slot for another, unless agreed to by Our Management team.

We reserve the right to re-sell any time slot if you do not arrive within 15 minutes of the designated start time.

We are entitled to cancel your booking at any time. If We decide to cancel your booking, We will use reasonable endeavors to notify You as soon as possible. You are entitled to a full refund or the option to reschedule if We cancel in these circumstances at the discretion of Our manager, but no other compensation is payable.