MEMBERSHIP TERMS & CONDITIONS

This document sets out terms and conditions for purchase and use of Membership.


DEFINITIONS

"Conditions of Entry" means the entry conditions for the Parks as appearing at the front gate of the Parks and at Conditions of Entry

"Days" means any day other than a public holiday in Queensland

"DEBITSUCCESS" means Debitsuccess Pty Ltd A.C.N. 095 551 581

"Debitsuccess Contract" means the Debitsuccess Direct Debit Request Service Agreement

"Direct Debit Date" means the date when each Monthly Membership Payment is to be deducted in accordance with these Membership Terms and Conditions

"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them

"Member" means the person whose identity is inserted in the applicable section of the Membership Purchase Pages who is issued with a Membership Card

"Membership" means either Upfront Membership or Ongoing Membership together with the right to the Membership Entitlements

"Membership Agreement" means these Membership Terms and Conditions together with the Membership Purchase Pages, the Membership Entitlements and the Debitsuccess Contract

"Membership Entitlements" means the details set out in the page headed "Select your Membership Level" of the Membership Purchase Pages

"Membership Purchase Pages" means those pages on Our Website headed "Select your Membership Level", "Member Details" and "Choose Purchaser"

"Membership Terms and Conditions" means this document

"Membership Type" means Unlimited Membership, Unlimited Premier Membership or Unlimited Elite Membership

"Minimum Term" means twelve (12) months from the Start Date

"Membership Card" means the card or similar provided to the Member by US containing a photograph of the Member and their Membership details

"Monthly Membership Payment" means the amount of money set out in the Membership Purchase Pages [or as amended by US if WE subsequently give Notice it has been miscalculated] which shall be inclusive of GST

"Nominated Facility" means the bank account or credit card the details of which are inserted in the Membership Purchase Pages

"Notice" means communication by telephone or email

"Ongoing Direct Debit" means billing of the Nominated Facility

"Ongoing Membership" means Membership where the Monthly Membership Payment is paid by Ongoing Direct Debit

"Our Website" means www.themeparks.com.au

"Park" means Warner Bros. Movie World, Sea World, Wet ’n’ Wild Gold Coast and/or Wet‘n’Wild Sydney

"Personal Details" means information about a person inserted in the Membership Purchase Pages when that person’s identity can be linked to that information

"Personal Information" has the meaning ascribed to it by the Privacy Act 1988

"Purchaser" means the person whose identity is inserted in the applicable section of the Membership Purchase Pages

"Single Upfront Payment" means a lump sum payment as set out in the Membership Purchase Pages [or as amended by US if WE subsequently give Notice it has been miscalculated] which shall be inclusive of GST

"Start Date" means the date when the Membership Agreement is deemed to have been entered into as set out in these Membership Terms and Conditions

"Unlimited Membership", "Unlimited Elite Membership" and "Unlimited Premier Membership" mean Membership entitling the holder to the corresponding Membership Entitlements

"Upfront Membership" means Membership where a Single Upfront Payment is paid

"WE, US or OUR" means Village Roadshow Theme Parks Pty Ltd ABN 60 010 919 623 c/of Warner Bros. Movie World, Pacific Motorway, Oxenford in the State of Queensland Australia 4210


PARTIES

Membership may only be purchased by an Australian Resident eighteen (18) years of age and over.

The Purchaser must make available to the Member these Membership Terms and Conditions. The use by the Member of the Membership Card is deemed to be acceptance by the Member of these Membership Terms and Conditions. A breach of these Membership Terms and Conditions by the Member shall be deemed to be a breach by the Purchaser. Where the Member is under eighteen (18) years of age their parent or guardian shall be responsible for the Member complying with these Membership Terms and Conditions.


MEMBERSHIP AGREEMENT

The Membership Agreement will be deemed to have been entered into when all necessary details in the Membership Purchase Pages have been completed and provided to US, the Debitsuccess Contract has been entered into between the Purchaser and DEBITSUCCESS by the Purchaser ticking (or directing us to) the box in the Membership Purchase Pages authorising Debitsuccess to debit their account at the nominated financial institution and WE have either told or sent an email to the Purchaser by return confirming receipt and that the Membership has been created.


MEMBERSHIP ENTITLEMENTS

Subject to compliance with the Membership Agreement the Member is entitled to the Membership Entitlements for the period of the Membership HOWEVER WE:-

  • may impose restrictions or limitations on access to the Parks, rides, shows and attractions at any time
  • may close rides, shows, attractions or the Parks on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God, or other reasons
  • reserve the right from time to time to make changes to the Membership Entitlements by giving Notice but where WE remove any component of the Membership Entitlements we will replace same with a component of comparable value and quality.

Admission shall be allowed during normal advertised operating hours and covers all rides, shows and attractions (the Member must pay independently for all food, beverage and merchandise) BUT EXCLUDES:-

  • Sea World Helicopters, Sea World Animal Adventures and the Sea World Resort Water Park at Sea World
  • FlowRider and SkyCoaster at Wet’n’Wild Gold Coast
  • Pit Pass at Warner Bros. Movie World
  • wagon rides, opal mining, gold panning and dingo & koala encounters at Paradise Country
  • Fast Track at Warner Bros. Movie World, Sea World and Wet'n'Wild Gold Coast
  • after-hours events such as Carnivale, Fright Nights and White Christmas at Warner Bros. Movie World unless otherwise specified
  • all coin-operated games, lockers and candid and ride photographs and video
  • entry to special events or private functions

and where the Membership Entitlements include admission to Wet’n’Wild Sydney also EXCLUDES:-

  • parking
  • pay per play rides – The Surf Deck and Sydney SkyCoaster
  • entry to special events, private functions and concerts
  • coin-operated games, locker hire and ride photographs
  • cabana hire
  • Fast Pass.

PAYMENT TYPES

Membership may be paid for by either:-

  • a Single Upfront Payment
  • Ongoing Direct Debit of the Monthly Membership Payment (note this is payable monthly in advance).

All payments due to US shall be collected by DEBITSUCCESS as OUR agent in accordance with the terms of the Debitsuccess Contract entered into between the Purchaser and DEBITSUCCESS.

Monthly Membership Payments are due on the Start Date and monthly thereafter. The Monthly Membership Payment must still be paid when due even if the Member is not taking advantage of or utilising the Membership Entitlements.

All payments are in Australian dollars. Any purchase will be charged in Australian dollars. The Purchaser is solely liable for any currency conversion fee charged.


DEBIT SUCCESS

A Purchaser who pays for a Membership by a Single Upfront Payment must pay same to DEBITSUCCESS and enter into the Debitsuccess Contract.

A Purchaser who pays for a Membership by Ongoing Direct Debit of the Monthly Membership Payment must pay same to DEBITSUCCESS and enter into the Debitsuccess Contract and:-

  • acknowledges and agrees that DEBITSUCCESS has been appointed by US to collect the Monthly Membership Payment when due under the Membership Agreement and all rights WE have under the Membership Agreement may be carried out by DEBITSUCCESS as if DEBITSUCCESS were US
  • authorises DEBITSUCCESS to directly debit the Nominated Facility for each Monthly Membership Payment when due under the Membership Agreement
  • agrees to ensure sufficient funds or credit is available in the Nominated Facility to satisfy the Monthly Membership Payment on each Direct Debit Date
  • shall give Notice to DEBITSUCCESS if the Nominated Facility is closed or its details are changed in any way
  • must cancel the direct debit function of the Nominated Facility when the Membership Agreement is at an end.

CONTINUATION OF MINIMUM TERM

An Upfront Membership and an Ongoing Membership shall each continue past the Minimum Term on a month-to-month basis UNLESS the Purchaser has given US Notice of termination of the Membership Agreement at least one (1) month before expiration of the Minimum Term.

An Upfront Membership that continues past the Minimum Term shall convert to an Ongoing Membership (whereupon the Purchaser affirms their acknowledgement, authorisation and agreement as set out above where Membership is paid for by Ongoing Direct Debit of the Monthly Membership Payment) until the Membership Agreement is terminated in accordance with these Membership Terms and Conditions.


TERMINATION

Subject to any express rights to the contrary in the Membership Agreement, a Membership may not be cancelled or the Membership Agreement terminated with effect during the Minimum Term.

A Membership may be cancelled with effect upon expiration of the Minimum Term if the Purchaser gives US Notice of termination of the Membership Agreement at least one (1) month beforehand.

A Membership may be cancelled or the Membership Agreement terminated at any time after expiration of the Minimum Term by the Purchaser giving US Notice of termination of the Membership Agreement whereupon the Membership Agreement will end one (1) month from the next Direct Debit Date after the Notice was given and the Monthly Membership Payment shall continue to be payable in the intervening period.

The Membership Agreement may be terminated by US at any time by Notice to the Purchaser if the Monthly Membership Payment has not been paid when due or the Membership Terms and Conditions are breached in any way.


INCREASE IN MONTHLY MEMBERSHIP PAYMENT

Following expiration of the Minimum Term WE may at any time increase the Monthly Membership Payment. If WE wish to do so then WE will give the Purchaser not less than one (1) month’s Notice as to the increase.

If the Purchaser wants to terminate the Membership Agreement because of the increase then the Purchaser must give US Notice of termination of the Membership Agreement not more than fourteen (14) Days after they receive the Notice from US. If the Purchaser does so then the Membership Agreement shall be at an end one (1) month after WE gave the Purchaser Notice of the increase and the Monthly Membership Payment shall be payable in the intervening period. If WE do not receive any Notice of termination of the Membership Agreement from the Purchaser during the fourteen (14) Day period then the Membership Agreement shall continue and the increase in the Monthly Membership Payment will be payable.


CHANGES TO MEMBERSHIP TERMS AND CONDITIONS

WE may change the Membership Terms and Conditions at any time as may be reasonably necessary by not less than one (1) month’s prior written Notice. If the Purchaser believes they are adversely affected by the change or that the change is unfair the Purchaser may terminate the Membership Agreement by giving US Notice of termination of the Membership Agreement not more than fourteen (14) Days after they receive the Notice from US. If the Purchaser does so then the Membership Agreement shall be at an end one (1) month after WE gave the Purchaser Notice of the change and the Monthly Membership Payment shall be payable in the intervening period. If WE do not receive any Notice of termination of the Membership Agreement from the Purchaser during the fourteen (14) Day period then the Membership Agreement shall continue subject to the changes notified.


CONDITIONS OF ENTRY

The Member agrees to comply with the Conditions of Entry when utilising the Membership Entitlements. If the Member fails to comply then WE may prevent access to the Parks or use of the Membership Entitlements or terminate the Membership Agreement by Notice whereupon no refund shall be payable (subject to any law to the contrary).


TRANSFER OR SUSPENSION OF MEMBERSHIP

A Membership is not able to transferred or suspended nor is it exchangeable or able to be resold or redeemed for cash. Memberships are non-refundable (unless required by law).

A Membership Card is not able to be used by anyone other than the Member WE issue it to. If a Membership Card is lost, stolen or damaged $5.00 is payable in order to obtain a replacement Membership Card but this fee may be waived if the Membership Card has been stolen and a documented police report is provided.


LIABILITY

To the extent permitted by law:-

  • WE will not be liable for any personal injury or loss suffered or incurred unless WE are negligent
  • The Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on US when WE supply goods and services to consumers under this Membership Agreement, however OUR liability is limited, where it is reasonable to do so, at OUR option to providing the goods or services again or paying the cost of providing the goods or services again.

NOTICE

Any Notice required to be given by a party under the Membership Agreement shall be given in accordance with the particulars set out in the Membership Purchase Pages or at the end hereof or as subsequently varied by Notice.


CONTACT

WE will contact the Member from time to time about the Membership using the Personal Details provided. If a Member or Purchaser has consented to receiving promotional communications, WE may also provide the Member or Purchaser with information about promotions and special offers offered by US or OUR related parties and their brands. If a party wishes to opt out from receiving such information an unsubscribe facility will always accompany any such communications where sent electronically.


CONTACT DETAILS

The Member and the Purchaser agree to give Notice to US without delay as to any change in their contact details.


PRIVACY

Where the Personal Details include Personal Information WE and DEBITSUCCESS will only use and disclose same for purposes reasonably contemplated by the Membership Agreement and in accordance with the Privacy Act 1988 and in accordance with the following privacy policies:

View the Village Roadshow Theme Parks Privacy Policy.

View the Debitsuccess Privacy Policy.


SEVERANCE

If any words, terms or conditions of the Membership Agreement are found to be invalid or unlawful then they shall be deleted and the balance of the Membership Agreement will remain valid and enforceable.


ENTIRE AGREEMENT CLAUSE

The Membership Agreement constitutes the entire agreement between US, the Member, the Purchaser and DEBITSUCCESS and no prior representations, understandings, agreements or arrangements will be of any consequence.


GOVERNING LAW

The Membership Agreement is governed by the laws in force in the State of Queensland, Australia.


QUERIES AND DISPUTES

If a party has a query or dispute in respect of the Membership Agreement WE ask that they contact US by:-

If a Purchaser has a query or dispute in respect of the payment of monies WE ask that they contact DEBITSUCCESS by:-


TAX INVOICE

A tax invoice can be requested by emailing memberships@vrtp.com.au. The tax invoice will be sent to the nominated email address within 28 days of the request.


SPECIAL CONDITIONS APPLICABLE TO VIP MAGIC PASS HOLDER UPGRADE TO MEMBERSHIP

The following terms shall have the following meanings:-

"Upgrade" means the process whereby the Purchaser pays to US the Upgrade Payment and:-

  • all necessary details in the Membership Purchase Pages have been completed and provided to US
  • the Debitsuccess Contract has been entered into
  • WE have either told or sent an email to the Purchaser by return confirming receipt and that the Membership has been created.

"Upgrade Payment" means the amount of money set out in the Membership Purchase Pages.

"VIP Magic Pass Holder" means the person who is registered with US as the holder of a VIP Magic Pass expiring 30 June 2016.

An Upgrade shall result in:-

  • the Membership Agreement being deemed to have been entered into
  • Membership being created until 30 June 2016
  • the VIP Magic Pass of the VIP Magic Pass Holder being upgraded to the Membership Type selected
  • the VIP Magic Pass Holder being deemed to be a Member in accordance with the Membership Terms and Conditions (amended such that "Minimum Term" shall mean the period from the Upgrade to 30 June 2016)

whereupon no further monies shall be payable for the period up to 30 June 2016 and thereafter the Monthly Membership Payment as notified in the Membership Purchase Pages at the time of the Upgrade is payable under an Ongoing Membership unless or until terminated in accordance with the Membership Terms and Conditions.


SPECIAL CONDITIONS APPLICABLE TO
UPGRADE OF EXISTING MEMBERSHIP

Where a Purchaser wishes to upgrade the Membership Type of an Existing Membership previously purchased by that Purchaser the following terms and conditions shall apply (and in the event of any inconsistency with the Membership Terms and Conditions the following terms and conditions shall prevail) and any capitalised terms herein shall have the same meaning ascribed to them in the Membership Terms and Conditions unless indicated otherwise below:-


DEFINITIONS

“Existing Debitsuccess Contract” means the current contract between the Purchaser and DEBITSUCCESS

“Existing Membership” means a current and valid Membership

“Existing Membership Agreement” means the agreement governing the Existing Membership

“Upgrade” means the process whereby:-

  1. in respect of an Upfront Membership:-
    1. the Purchaser completes all necessary details in the Upgrade Pages and submits same to US;
    2. a new Debitsuccess Contract is entered into between the Purchaser and DEBITSUCCESS; &
    3. WE have sent an email to the Purchaser by return confirming receipt and that the Membership Type of the Membership has been upgraded as selected; and
  2. in respect of an Ongoing Membership:-
    1. the Purchaser completes all necessary details in the Upgrade Pages and submits same to US;
    2. a new Debitsuccess Contract is entered into between the Purchaser and DEBITSUCCESS;
    3. the Purchaser pays the Upgrade Payment; and
    4. WE have sent an email to the Purchaser by return confirming receipt and that the Membership Type of the Membership has been upgraded as selected

“Upgrade Pages” means those pages on Our Website headed “Upgrade”

“Upgrade Payment” means the amount of money set out in the Upgrade Pages being either the increased Monthly Membership Payment in respect of an Ongoing Membership or a one-off payment in respect of an Upfront Membership.


RESULT OF UPGRADE

An Upgrade of a Membership Type of an Existing Membership that is an Ongoing Membership shall result in:-

  • the Existing Membership of the Member being upgraded to the Membership Type selected
  • the Existing Membership Agreement being varied in accordance with these special conditions
  • termination of the Existing Debitsuccess Contract
  • the “Minimum Term” of the Membership Agreement being amended to the period from the date of the Upgrade to that date which is 12 months from the date the Monthly Membership Payment for the Existing Membership was next due following the Upgrade
  • the Monthly Membership Payment previously payable for the Existing Membership being increased to the Upgrade Payment with effect from the date the Monthly Membership Payment for the Existing Membership was next due following the Upgrade.

An Upgrade of a Membership Type of an Existing Membership which is an Upfront Membership shall result in:-

  • the Existing Membership of the Member being upgraded to the Membership Type selected
  • the Existing Membership Agreement being varied in accordance with these special conditions
  • termination of the Existing Debitsuccess Contract
  • no further monies being payable for the balance of the Minimum Term and thereafter the Upgrade Payment being payable under an Ongoing Membership unless or until terminated in accordance with the Membership Terms and Conditions.