Terms And Conditions

These Terms and Conditions (the “Terms”) govern the purchase and use of Joy Pass Tokens and the related services provided by Joylands. By purchasing or using Joy Pass Tokens, accessing the Sendrato Visitor App, or attending a Joylands event in a manner that involves the Joy Pass, the individual or entity doing so (the “Purchaser”) accepts and agrees to be bound by these Terms.

A1. Parties and Agreement

By accepting these Terms, the Purchaser enters into a binding legal agreement with Joylands (trading name of Joyland Amusements Pty Ltd, ABN 46 144 902 492) (“Joylands”, “we”, “us”, “our”). This agreement is hereinafter referred to as the “Agreement”. The Agreement comprises these Terms together with the Joylands Privacy Policy (available at joylands.com.au/privacy-policy), which is incorporated into the Agreement by reference.

A2. The Joy Pass Service

The Joy Pass is a digital wallet that allows the Purchaser to purchase tokens (“Joy Pass Tokens”) and use them to pay for admission to rides, games and other goods or services at Joylands events. The Joy Pass is accessed through one or more of: (i) the Sendrato Visitor App; (ii) a physical Joy Pass card or wristband; or (iii) a QR code linked to the Purchaser’s wallet. The Joy Pass, the Sendrato Visitor App, the self-service kiosks and the staffed credit windows used at Joylands events are provided to Joylands by Sendrato Pty Ltd (ACN 697 131 427, ABN 61 697 131 427) (“Sendrato”) under a service agreement between Sendrato and Joylands. Joylands may add to, change or discontinue any component of the service at any time.

A3. Eligibility

The Purchaser must be aged 18 years or over to enter into the Agreement and to hold a Joy Pass account. Persons under the age of 18 may use a Joy Pass card or wristband only with the consent and supervision of a parent or legal guardian, who is solely responsible for that minor’s use of the Joy Pass.

A4. Account and Security

The Purchaser is responsible for all actions taken under their Joy Pass account credentials, regardless of whether such actions are taken by the Purchaser or by a third party. The Purchaser shall safeguard all account credentials in their possession or under their control and shall notify Joylands immediately on becoming aware of any unauthorised use, or potential for unauthorised use, of their Joy Pass account, card or wristband. Joylands is not liable for any loss or damage arising from any unauthorised use of the Purchaser’s account that occurs prior to such notification.

A5. Acceptable Use

The Purchaser shall not, and shall not allow any third party to:

1. use the Joy Pass, the Sendrato Visitor App, or any associated service for any unlawful, fraudulent, threatening, abusive, harassing, defamatory or otherwise objectionable purpose;
2. interfere with, disrupt or impair the integrity or performance of the Joy Pass service or any other person’s use of it;
3. attempt to decompile, disassemble, reverse-engineer or otherwise discover the source code or underlying ideas of the Sendrato Visitor App or any other software made available as part of the service;
4. use any robot, scraper or other automated means to access the service except through publicly documented interfaces and with prior written consent;
5. resell, sublicense or otherwise commercially exploit Joy Pass Tokens or any associated service except as expressly permitted under these Terms; or
6. engage in any conduct that is contrary to applicable laws, including, without limitation, privacy, data-protection, electronic-communications, anti-spam and consumer-protection legislation.

Joylands reserves the right, acting reasonably, to freeze transactions or wallets, or to suspend or revoke any account, that in its opinion is not being used for its proper purpose or is being used in a manner that breaches these Terms.

A6. Intellectual Property and Trademarks

Joylands has moral and registered rights in its name and trade marks, including the “Joy Pass” name and logo. The Sendrato name, logo, and the Sendrato Visitor App are the property of Sendrato. The Purchaser agrees not to copy, alter, use or otherwise deal in any of those marks or any associated intellectual property without the prior written consent of the relevant owner. All rights not expressly granted to the Purchaser in these Terms are reserved.

A7. Privacy

Joylands collects, uses and discloses the Purchaser’s personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Full details are set out in the Joylands Privacy Policy, available at joylands.com.au/privacy-policy, which is incorporated into the Agreement by reference. Sendrato handles personal information collected through the Joy Pass service on Joylands’ behalf and in accordance with its own privacy policy, available at sendrato.com/privacy.

A8. Third-Party Services

Third-Party Services means products, applications, services, software, networks, systems, websites, databases and information from third parties that the Joy Pass or the Sendrato Visitor App may link to, depend on, or interoperate with, including without limitation banks, card schemes, telecommunications providers, hosting providers and ticketing partners. The Purchaser acknowledges that the operation of the Joy Pass service depends on Third-Party Services that are outside Joylands’ reasonable control. To the extent permitted by law, Joylands is not responsible or liable for any interruption to the availability of the Joy Pass service caused by Third-Party Services, or for any information contained on any linked third-party website.

A9. Suspension and Maintenance

It may from time to time be necessary to perform scheduled or unscheduled repairs, maintenance, or upgrades to the Joy Pass service. This may temporarily degrade the quality of, or result in a partial or complete outage of, the service. Joylands and Sendrato will endeavour to carry out such work during times that will cause the least disruption.

A10. Termination

Joylands may terminate the Agreement, or suspend or revoke the Purchaser’s access to the Joy Pass service, immediately and without notice if the Purchaser materially breaches these Terms (including the acceptable-use provisions in clause A5), or if such suspension or termination is required by law. Termination of the Agreement does not affect any rights or obligations that have accrued prior to termination, and clauses that by their nature are intended to survive termination (including clauses A6, A11, A12, A13, A14, A15 and A16) will survive.

A11. Disclaimer of Warranties

A12. Limitation of Liability

A13. Indemnification

The Purchaser shall indemnify, defend and hold harmless Joylands and its officers, employees, agents, contractors and affiliates (including Sendrato) from and against all losses, expenses, liabilities, damages and costs (including reasonable legal costs) to the extent such losses are attributable to any breach by the Purchaser of these Terms, any misuse of the Joy Pass service by the Purchaser, or any infringement by the Purchaser of any third-party right.

A14. Force Majeure

Joylands shall not be deemed in default or otherwise liable for any delay in or failure of its performance under the Agreement (other than payment-related obligations) by reason of any act of God, fire, natural disaster, severe weather, accident, act of government, public-health emergency, shortage of materials or labour, failure of transportation or communication, failure of suppliers of goods or services, or any other cause to the extent it is beyond Joylands’ reasonable control.

A15. Changes to These Terms

Joylands reserves the right to amend these Terms at any time. The current version will be published at joylands.com.au/terms-and-conditions and the “Last updated” date at the top of this page will be revised. Where the changes are material, Joylands will provide additional notice through the Sendrato Visitor App or by other reasonable means. Continued use of the Joy Pass service following such notice constitutes the Purchaser’s acceptance of the amended Terms.

A16. Governing Law and Jurisdiction

The Agreement is governed by, and shall be construed in accordance with, the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State and any courts competent to hear appeals from those courts in respect of any claim, dispute or controversy arising out of or in connection with the Agreement.

A17. General Provisions

B1. Purchase of Joy Pass Tokens

Joylands sells Joy Pass Tokens for the Purchaser to use at Joylands events. Different rides, games and vendors charge different Token amounts. Joy Pass Tokens do not provide event entry; where event entry tickets are required, they are sold separately by Joylands or its appointed ticketing agent.

B2. Loading and Topping Up Tokens

The Purchaser may load Tokens onto a Joy Pass wallet, and may top up at any time during a Joylands event, by:

1. using the “top-up” function in the Sendrato Visitor App;
2. using EFTPOS at a self-service kiosk located within the event; or
3. using EFTPOS or cash at a staffed credit window located within the event.

Following a successful payment, Joy Pass Tokens will be loaded onto the Purchaser’s wallet. Online payments will normally appear in the wallet within 30 seconds. A receipt will be sent by email to the address associated with the Purchaser’s account.

B3. Payment Facility

Card payments and other electronic payments associated with the Joy Pass are facilitated by Sendrato Pay Limited, a private company incorporated under the laws of Ireland, acting as the regulated payment facilitator for the Sendrato group in Australia (“Sendrato Pay”). Sendrato Pay processes payments using PCI-DSS-compliant infrastructure. Neither Joylands, Sendrato nor Sendrato Pay stores full card numbers. Where a payment fails, is reversed or is the subject of a chargeback, Sendrato Pay reserves the right to recover the corresponding amount from the Purchaser’s wallet or from any future payment due to the Purchaser. Sendrato Pay’s payment terms are available on request.

B4. Fees

Service fees may apply to Joy Pass purchases and top-ups. The applicable service fees are disclosed at the point of purchase, on the relevant pricing page in the Sendrato Visitor App, and at on-site signage where applicable. By proceeding with a purchase or top-up, the Purchaser accepts the service fees disclosed at that time. All amounts shown are in Australian dollars (AUD) and include GST where applicable. Joylands reserves the right to amend service fees from time to time on reasonable notice.

B5. No Refunds and Expiry of Tokens

Tokens remain non-refundable where the Purchaser chooses not to attend, leaves the event early, changes plans, does not fully use purchased Tokens, or where ride availability changes during the event due to weather, maintenance, operational requirements, safety requirements, temporary ride closures, queue times, or other event-related circumstances.

By purchasing Joy Pass Tokens, the Purchaser acknowledges and agrees that:

1. Joy Pass Tokens are not exchangeable for cash and cannot be refunded after they have been loaded onto a wallet;
2. any Tokens not used during an event will expire at the conclusion of that event, and the wallet will be closed;
3. Joy Pass Tokens are valid only at the Joylands event for which they were purchased and during that event’s operational period, and do not transfer to any other Joylands event or to any future season;
4. Joy Pass Tokens are not transferable to any other person; and
5. it is the Purchaser’s responsibility to load only the number of Tokens they reasonably expect to use during the event.

This clause B5 does not exclude, restrict or modify any guarantee, condition, warranty, right or remedy that the Purchaser may have under the Australian Consumer Law or any other applicable law that cannot be lawfully excluded. Where the Purchaser is entitled to a remedy under such law (for example, where a service is faulty or not fit for purpose), Joylands and Sendrato will provide that remedy in accordance with clause A12.

B6. Lost or Damaged Cards and Wristbands

The Purchaser is solely responsible for the security of any Joy Pass card or wristband issued to them. The Purchaser must notify Joylands as soon as they become aware of any unauthorised use, or potential for unauthorised use, by contacting (02) 9606 9212 or visiting the Joylands customer-service desk at the relevant event. Lost or stolen Joy Pass cards or wristbands may be replaced during the event at the Joylands customer-service desk; a replacement fee of [$X] may apply. Any remaining Tokens on the original wallet may be transferred to the replacement card or wristband, provided the lost or stolen Joy Pass has not been fraudulently used in the meantime. For the avoidance of doubt, lost or damaged cards or wristbands do not entitle the Purchaser to a refund of unused Tokens (see clause B5).

B7. Disputes and Complaints

Words used in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning as in that Act. The Purchaser may direct notices, enquiries and complaints to Joylands or to Sendrato at the contact details below.

Nothing in these Terms limits the Purchaser’s right to make a complaint to a relevant consumer-protection regulator, including the Australian Competition and Consumer Commission (ACCC) or the relevant State or Territory consumer-protection agency.