Terms of Service

1. Acceptance of Terms

By accessing and using the MagicFun Park website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our website or services. These Terms of Service constitute a legally binding agreement between you and MagicFun Park.

We reserve the right to modify these terms at any time without prior notice. Your continued use of the website following any changes indicates your acceptance of the new terms. It is your responsibility to review these terms periodically for updates.

2. Use of Services

2.1 Eligibility

You must be at least 13 years of age to use our services independently. Users under 13 must have parental or guardian consent and supervision. By using our services, you represent and warrant that you meet these age requirements.

2.2 Account Registration

When creating an account with MagicFun Park, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Transmitting any harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting the operation of our services
• Using our services for any commercial purpose without written authorization
• Impersonating any person or entity or falsely representing your affiliation
• Collecting or harvesting personal information of other users
• Engaging in any form of automated data collection or scraping

3. Ticket Purchase and Admission

3.1 Ticket Sales

All ticket purchases are subject to availability and acceptance by MagicFun Park. We reserve the right to refuse or cancel any ticket purchase at our discretion. Prices are subject to change without notice, but changes will not affect tickets already purchased.

3.2 Refund Policy

Tickets are generally non-refundable except in cases of park closure due to weather, maintenance, or other circumstances beyond our control. Refund requests must be submitted within 30 days of the original purchase date. Partial day refunds are not available.

3.3 Park Rules and Regulations

All park visitors must comply with posted rules, regulations, and instructions from park staff. MagicFun Park reserves the right to refuse admission or remove any person who violates park rules, engages in unsafe behavior, or disrupts the enjoyment of other guests. No refunds will be provided for removal due to rule violations.

4. Intellectual Property Rights

All content on the MagicFun Park website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, and software, is the property of MagicFun Park or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our website without prior written consent from MagicFun Park, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages for personal, non-commercial use

5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We implement reasonable security measures to protect your personal information, but we cannot guarantee absolute security. You acknowledge that you provide your personal information at your own risk.

6. Limitation of Liability

To the fullest extent permitted by applicable law, MagicFun Park shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or similar harmful components transmitted through our services
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted or transmitted through our services

MagicFun Park's total liability to you for all claims arising from or related to these terms shall not exceed the amount you paid to us in the twelve months preceding the claim.

7. Assumption of Risk

Participation in amusement park activities involves inherent risks, including but not limited to physical injury, emotional distress, or property damage. By visiting MagicFun Park, you acknowledge and assume all risks associated with park activities and attractions.

You agree to follow all posted warnings, instructions, and safety guidelines. Failure to do so may result in serious injury or death. Parents and guardians are responsible for supervising minors and ensuring they meet height, age, and health requirements for attractions.

8. Indemnification

You agree to defend, indemnify, and hold harmless MagicFun Park, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the website or services.

9. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by MagicFun Park. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that MagicFun Park shall not be responsible or liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services available through such websites or services.

10. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions. Any dispute arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts located in Perth, Western Australia.

Before filing any formal legal action, you agree to attempt to resolve any dispute informally by contacting us directly. We will attempt to resolve disputes in good faith through negotiation.

11. Severability and Waiver

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

No waiver by MagicFun Park of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

12. Changes to Services

MagicFun Park reserves the right to modify, suspend, or discontinue any aspect of our services at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of the services without notice or liability.

Attraction operating schedules, park hours, and special events are subject to change without notice. We recommend checking our website or contacting us directly for the most current information before your visit.

13. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:

MagicFun Park
210 Murray St
Perth WA 6000
Australia
Email: [email protected]
Phone: +61 8 6314 2789