USE OF FUN DAY OUT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. By using our service (Fun Day Out) for booking an Activity, you, the person, company or other legal entity (Activity Provider, Customer, you, your) agree to be bound by the following terms:
Providers and Listings
i) The Activity Provider engages Fun Day Out to be their agent representative and Fun Day Out has the Activity Providers authority to negotiate and organise bookings with Customers on their behalf.
ii) Fun Day Out is an “intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Fun Day Out does not provide, deliver, supply, control or offer the Activities. The Activity Provider alone is responsible for the provision, delivery, supply, control and offer of the relevant Activity.
iii) The Activity Provider is responsible for ensuring that they have all necessary qualifications, accreditations, licences or other credentials necessary to provide the goods or services subject to a Booking.
iv) The Activity Provider must inform Fun Day Out in writing of any changes to availability. If there is a booking already in place that is cancelled by the Activity Provider, you (the Activity Provider) will be charged the full cost of the cancelled activity. Circumstances that are beyond the control of the Activity Provider will be considered by Fun Day Out on a case by case basis.
v) Fun Day Out is entitled to raise invoices and collect monies on behalf of the Activity Provider, as an intermediary, even though the contract exists between Customer and Activity Provider.
vi) Fun Day Out may publish information on this website in relation to Activities and/or Providers using information supplied to Fun Day Out by the Provider or information published on the website of the relevant Provider. Fun Day Out makes no representation as to the accuracy of any information contained on this website which is supplied by a Provider.
Customer
i) The Customer must accept the Activity Provider’s Booking Terms and acknowledges that, in doing so, the Customer enters into a contract directly with the relevant Activity Provider. Fun Day Out is not and does not become a party to any contractual relationship as between the Customer and Activity Provider.
ii) While Fun Day Out will take reasonable steps to assess the quality of the activity provider, Fun Day Out does not: control or guarantee the performance or conduct of any Activity Provider or attend or supervise the Activity.
iii) Fun Day Out may publish information on this website in relation to Activities and/or Providers using information supplied to Fun Day Out by the Provider or information published on the website of the relevant Provider. Fun Day Out makes no representation as to the accuracy of any information contained on this website which is supplied by a Provider.
iv) The Customer agrees to pay the total amount of the activity to Fun Day Out within 14 business days after the activity date. Failure to pay the total amount owing by the DUE DATE, will incur administration and late fees. Unless expressed otherwise, all payments for bookings are inclusive of GST.
2. CANCELLATION POLICY: All bookings are subject to the Activity Provider’s booking Terms and Conditions. All cancellations must be done so in writing and acknowledged by Fun Day Out. Cancellation requests over the phone, or via text or voicemail will not be processed.
If an activity booked and confirmed through Fun Day Out is cancelled by the customer:
- A $100.00 Administration Fee will apply per activity booking, as well as the following booking cancellation fee if applicable.
- Within 30 business days of the activity date, the amount of 25% of the booking is payable*
- Within 14 business days of the activity date, the amount of 50% of the booking is payable*
- Within 7 business days of the activity date, the amount of 100% of the booking is payable*, or up to the discretion of Fun Day Out management.
*Based on the number of children quoted at the time of booking.
i) Additional fees will be payable in line with the cancellation policy of Activity Providers.
ii) The same trading terms apply, with payment due within 14 business days of the scheduled event.
iii) Circumstances that are beyond the control of the customer will be considered by Fun Day Out on a case by case basis.
3. If an activity requires VEHICLE ACCESS, you must ensure the appropriate and necessary entry requirements are arranged prior to the activity provider arriving onsite. Failure to do so will result in full fees being levied.
4. Invoices will be issued based on the number of children quoted at the time of booking, unless numbers updated 7 business days prior to activity/event. Venue staffing levels are set depending on the numbers advised. These figures MUST be updated no later than 7 business days prior unless stated otherwise in booking confirmation. Failure to do so may result in additional fees being levied.
5. Fun Day Out do not offer credit facilities to Customers.
6. All overdue invoices that are unpaid by the due date, as displayed on the Tax Invoice and/or Statement, will incur a late fee of AU $50 per week from the due date, (including all administration and late fees) until full payment is received. In the event that an overdue invoice remains unpaid and/or is disputed, Fun Day Out reserves the right to acquire the services of a Debt Collection Agency or Legal Representation to obtain the overdue amount, including any and/or all administration and late fees applied. Where a Debt Collections Agency or Legal Representation is acquired to obtain debt collection, all costs associated and charged to Fun Day Out will be required to be paid for by the Customer, in full, including all administration and late fees incurred.
7. The Customer agrees that it is their responsibility to ensure that a copy of the Tax Invoice is given to your Accounts Payable Team or the person in charge of paying invoices. This will ensure that delays do not occur in paying the total amount of the invoice by the due date – within 14 business days from date of activity / event.
8. In instances where the Customer’s Accounts Payable Team cannot fulfil payment within our Trading Terms of 14 business days from an activity / event, it is the responsibility of the Customer to advise Fun Day Out to issue an invoice with enough lead time prior to the activity / event to enable the invoice to be paid on time. The amount of this invoice will be based on child attendance numbers as updated 7 business days prior to the event or as agreed at the time of booking. If additional children attend the activity / event another invoice will be issued for the balance by Fun Day Out.
9. Fun Day Out reserves the right to charge a deposit on bookings where we deem it is necessary to do so.
10. Mandatory staff ratios must always be maintained throughout Fun Day Out activities.
11. It is the responsibility of the Customer to provide and maintain care for and supervision of the attendees at all times including assisting children with the activities as necessary. The providers are in attendance to execute the activity and not to provide supervision of the attendees.
12. Fun Day Out will use reasonable endeavours to identify Activity Providers who are reputable and suitable for the provision of the relevant Activities but makes no warranty or representation as to the reputation or credentials of any Activity Provider, or any employee or other representative of an Activity Provider or the quality, safety or fitness for purpose of any Item or service provided pursuant to a Booking.
13. Fun Day Out takes no responsibility for any harm or loss suffered by the Customer’s staff, Attendee or Activity Provider as a result of (without limitation) anything that transpires during an Activity; failure for a Booking to occur; loss or damage caused by an Attendee at an Activity; loss or damage to property, or harm to the person of an Attendee or Customer staff member caused by an Activity Provider, except to the extent that any such harm or loss is caused as a result of any direct act or omission of the Company or cannot be excluded at law.
14. If a Customer’s staff member or Attendee suffers loss or harm as a result of any Item or service provided by an Activity Provider, the Customer agrees that the Customer shall have no recourse against the Company.
15. Fun Day Out may vary these Terms and Conditions at any time. Any variations become effective on posting. By making a booking for a Fun Day Out activity after the Terms and Conditions have been varied, you agree to be bound by the variation.
Website Terms and Conditions of Use
1. Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Fun Day Out’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
– attempt to decompile or reverse engineer any software contained on Fun Day Out’s website;
– remove any copyright or other proprietary notations from the materials; or
– transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fun Day Out at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Fun Day Out’s website are provided “as is”. Fun Day Out makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fun Day Out does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Fun Day Out or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Fun Day Out’s Internet site, even if Fun Day Out or a Fun Day Out authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Fun Day Out’s website could include technical, typographical, or photographic errors. Fun Day Out does not warrant that any of the materials on its website are accurate, complete, or current. Fun Day Out may make changes to the materials contained on its website at any time without notice. Fun Day Out does not, however, make any commitment to update the materials.
6. Links
Fun Day Out has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fun Day Out of the site. Use of any such linked website is at the user’s own risk.
7. Site Terms of Use Modifications
Fun Day Out may revise these terms of use for its website at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Fun Day Out’s web site shall be governed by the laws of the State of NSW, Australia without regard to its conflict of law provisions.