1. Introduction
(a) These terms and conditions (Terms) govern the use of the Centre (defined below) and all related services provided by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre Pty Ltd ABN 49136277677 (Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre), both on-site and through online bookings.
(b) By purchasing a Ticket, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not purchase a Ticket and may not access the Centre or use its services.
(c) These Terms constitute a binding agreement between the visitor, customer, parent or guardian (you or your) and Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre regarding the use of the Centre and its services.
(d) You acknowledge and agree that a signed waiver is required for each child participating in activities at the Centre prior to entry. This will be provided at the Centre.
(e) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Centre’s premises or on the Website.
(f) It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Centre or its services after the posting of any modifications to these Terms constitutes acceptance of such changes.
2. Definitions
- Booking means all correspondence with Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre in relation to making a booking, including bookings made in-store and online.
- Centre means the play centre located at Shop 23/29 Ellen Stirling Boulevard, Innaloo WA 6018.
- Playground means the playground and other play equipment available at the Centre.
- Ticket means an entry admission ticket to the Centre.
- Website means the Kiddoz Cafe & Playcentre website, including online bookings made through it.
3. Conditions of Entry
3.1 Age Restrictions
(a) The Playground is designed for use by children who are toddler-aged up to primary school aged children.
(b) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to refuse admission to any child if, at Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre absolute discretion, they reasonably believe that the child is older than the age limit specified. This decision is final and is made to ensure the safety and enjoyment of all children within the appropriate age range.
3.2 Care and Supervision
You acknowledge and agree that:
(a) all children must be actively supervised by a parent or guardian at all times while at the Centre;
(b) all children must be accompanied and supervised by an adult who is at least 18 years of age and is capable of providing reasonable supervision and care to children;
(c) the parent or guardian must accompany their children to the bathrooms;
(d) there is no running permitted on the Playground or in the Centre; the responsible parent or guardian must not leave their children unattended at the Centre at any time, including if the child is attending a party; and
(e) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is a recreational service provider only, and Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre will not provide any caring or supervision services in any circumstances.
3.3 Parent/Guardian Participation on Playground
If an adult, parent or guardian accompanies a child on the Playground (Adult):
(a) the Adult acknowledges and accepts all risks involved in such participation;
(b) the Adult is responsible for supervising the child at all times;
(c) the Adult agrees to adhere to all rules, these Terms and Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre staff instructions; and
(d) to the maximum extent permitted by law, agrees to release and indemnify Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre from any claims arising from their participation.
3.4 Dress Code
(a) For safety and hygiene reasons, children are not permitted to wear shoes inside the Playground area. All children must wear socks while playing.
(b) Children must wear appropriate clothing that allows for free and safe movement. This includes comfortable playwear that covers the body adequately and is free from any sharp or dangerous accessories.
(c) If a child arrives without socks, socks must be purchased at the entrance before entering the Playground. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre offers socks for purchase at a nominal fee to ensure compliance with the dress code policy.
(d) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to refuse entry or ask a child to leave the Playground area if they do not comply with the dress code policy. This is to ensure the safety, hygiene, and enjoyment of all children using the Playground.
3.5 Health and Safety
(a) For the health and safety of other children, only children who are well and free from illness are permitted to enter the playground. Parents and guardians are requested to ensure that their children do not have any contagious illnesses before visiting the playground.
(b) Children exhibiting symptoms of illness, such as fever, vomiting, diarrhea, rash, or any other signs of contagious conditions, are not allowed to enter the Centre or Playground.
(c) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to refuse entry or request that a child leave the playground if they are exhibiting signs of illness or if, in Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre’s absolute discretion, they reasonably believe the child is not well. This is to protect the health and safety of all children and staff within the Centre.
(d) In the case of injury or sickness, the responsible parent or guardian and their children must leave the Centre and seek medical assistance immediately. Please note that in such circumstances, Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not required to issue any refund.
(e) If your children have any medical conditions, the responsible parent or guardian is responsible for assessing whether or not they can participate.
3.6 Behaviour
(a) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to refuse admission to the Centre, ban from entry to the Centre or remove from the Centre any person who:
(i) displays disruptive behaviour, including but not limited to, shouting, aggressive gestures, or causing disturbances to other children, guests or staff;
(ii) refuses to comply with posted safety rules and instructions provided by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre staff, endangering themselves or others;
(iii) intentionally damages Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre property, equipment, or furnishings, or engages in behaviour that may result in damage to Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre property;
(iv) engages in harassment, bullying, or discriminatory behaviour towards staff, children or other guests, creating an unsafe or unwelcoming environment;
(v) attempts to bring or brings any prohibited items, as set out in clause 3.6(c);
(vi) refuses to comply with reasonable instructions or requests from Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre staff regarding behaviour, safety, or other operational matters; or
(vii) otherwise breaches these Terms.
(b) No person is permitted to enter the Centre if they are under the influence of alcohol or drugs.
(c) The following items are strictly prohibited within the Centre:
(i) weapons or dangerous objects;
(ii) illegal substances or alcohol; and
(iii) smoking or vaping devices.
3.7 Lost Property and Personal Belongings
(a) Parents and guardians are responsible for their children’s personal belongings brought into the playground. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre advises that valuable items be left at home to avoid loss or damage.
(b) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre does not accept responsibility for any personal belongings that are lost, stolen, or damaged while at the Centre. This includes, but is not limited to, clothing, shoes, toys, and electronic devices.
(c) Any items found within the Centre will be placed in the lost property area. Parents and guardians can inquire about lost items at the reception desk.
(d) Lost property will be kept for a period of 30 days. After this period, unclaimed items may be donated to charity or otherwise disposed of at the Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre’s discretion.
3.8 Damage to Playground
(a) Parents and guardians are responsible for the behaviour and actions of their children while at the Centre. Any damage caused by a child to the Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre’s Playground, property, equipment, or facilities must be reported immediately to Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre staff.
(b) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to hold parents or guardians financially liable for the cost of repairing or replacing any property, equipment, or facilities damaged by their child. This includes any intentional or accidental damage.
4. Tickets and Payment
4.1 Tickets
(a) Each child must have a valid Ticket to gain entry to the Playground.
(b) Tickets can be purchased either in-store at the Centre’s reception desk or online via the Website.
(c) All Tickets are non-refundable. Once purchased, Tickets cannot be returned or exchanged for any reason. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre may, in its absolute discretion, agree to reschedule the booking or convert the value of the booking to a Centre gift card.
(d) Tickets are valid only for the date and time specified at the time of purchase. Tickets cannot be transferred to another date or time unless otherwise stated by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre.
(e) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not responsible for lost or stolen tickets. Replacement Tickets will not be issued.
(f) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to refuse entry if a valid Ticket is not presented or if these terms are not followed.
4.2 Ticket Time Limits
A 2 Hour Entry Ticket is valid for two hours of play from the time of entry. An All Day Unlimited Pass is valid for unlimited play on the date of purchase, during the Centre’s operating hours.
4.3 Payment
(a) (Time for payment) All Tickets must be paid for in full at the time of purchase. This applies to both in-store and online purchases. Tickets are not considered valid until payment has been successfully processed.
(b) (Payment methods) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre accepts various forms of payment for admission Tickets, including cash, credit cards, debit cards, and other electronic payment methods as specified by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre.
(c) (Online tickets) Tickets may also be purchased online via the Website. Online payments are securely processed through Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre designated payment gateway. For more information, please see clause 4.3(j) below.
(d) (Email confirmation for online tickets) For Tickets purchased online, a confirmation email will be sent to the provided email address. It is the responsibility of the purchaser to ensure that they receive and retain this confirmation as proof of purchase.
(e) (Non-refundable) All Ticket sales are final. Tickets are non-refundable and non-transferable once the purchase has been completed, except as required by law.
(f) (Failure to pay) If payment for a Ticket is declined or not received, Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to cancel the Ticket purchase. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not responsible for any inconvenience or loss incurred due to the cancellation of unpaid tickets.
(g) (Price changes) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to change ticket prices and fees at any time without prior notice. The price applicable at the time of purchase will be the price charged.
(h) (GST) All ticket prices include applicable taxes such as GST unless otherwise stated.
(i) (Card surcharges) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(j) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Tickets via the Website. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible on the Payment Provider’s website and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
4.4 Gift Cards
(a) Gift cards may be purchased at the indoor playground’s reception desk or online via the Website. They can be redeemed for admission tickets, merchandise, or services offered by the Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre.
(b) Gift cards are valid for 3 years from the date of purchase.
(c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
(d) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not responsible for lost, stolen, or damaged gift cards. Treat gift cards as you would cash, as they cannot be replaced if lost or stolen.
5. Food and Beverages
(a) The Centre features an on-site food and beverage café offering a variety of snacks, meals, and beverages for children and adults (Café).
(b) Outside food and beverages are not permitted within the Centre area unless prior arrangements have been made with Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre. Guests are permitted to bring their own water bottles. Additionally, parents or guardians may bring specific food items for babies or young children, provided it is for their consumption only.
(c) It is the responsibility of parents and guardians to inform Café staff of any known food allergies and to carefully review ingredient information. To the maximum extent permitted by law, Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not liable for any allergic reactions that may occur.
(d) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre cannot guarantee that any menu item is completely free from allergens due to potential cross-contamination.
(e) All food and beverage purchases must be paid for at the time of order. The café accepts cash, credit cards, and other forms of electronic payment as specified by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre.
(f) Food and beverages purchased from the Café must be consumed within designated areas. Eating and drinking are not permitted on the Playground or in the play areas to ensure cleanliness and safety.
6. Party Packages
(a) Parties must be booked in advance and are subject to availability. A non-refundable deposit of $100 is required at the time of booking to secure the party date and time. You can book a party via our online booking system on the Website.
(b) In the event of a cancellation:
(i) more than 1 month prior to the party booking date, the deposit is refundable; or
(ii) less than 1 month prior to the party booking date, the deposit is non-refundable but Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre will convert the value of the deposit into a gift card available for use in the Centre.
(c) Rescheduling is subject to availability.
(d) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre offers various party packages, details of which are available upon request or on the Website (Party Package). Each Party Package includes specific amenities and services as outlined in the Party Package description.
(e) Each Party Package includes a specified number of guests. Additional guests may be accommodated for an extra fee, subject to venue capacity and prior approval by Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre.
(f) Parents and guardians are responsible for the supervision of all children attending the party. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre staff will assist with party activities as specified in the Party Package but are not responsible for direct supervision of the children.
(g) All guests must adhere to Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre’s rules and policies, including those related to health and safety, dress code, and age restrictions. The host parent or guardian is responsible for ensuring that all party guests comply with these rules.
(h) Outside food and beverages are not permitted unless prior arrangements have been made with Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre. Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre offers a range of catering options as part of the Party Packages.
(i) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre takes food allergies seriously and strives to accommodate guests with food allergies. However, Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre cannot guarantee an allergen-free environment. It is the responsibility of the host parent or guardian to inform Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre of any known food allergies at the time of booking and to ensure that guests with food allergies are aware of the potential risks. To the maximum extent permitted by law, Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre is not liable for any allergic reactions that may occur.
(j) Bajwa Nominees Pty Ltd T/A Kiddoz Cafe & Playcentre allows certain decorations to be brought in by the host, subject to prior approval. However, no decorations that may cause damage to the venue are permitted. The host is responsible for set-up and removal of any approved decorations.
7. Third Party Terms Suppliers
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you any goods or services related to the Centre and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
8. Liability
8.1 Warranties
(a) Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
8.2 Liability
(a) To the maximum extent permitted by law and subject to clause 8.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to $500.
(b) Clause 8.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 3.2, 3.4, 3.5, 3.6, 3.8, 4.3, 5(c) and 6.
8.3 Consequential Loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
9. General
9.1 Governing Law and Jurisdiction
This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
9.2 Waiver
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
9.3 Severance
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
9.4 Joint and Several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
9.5 Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
9.6 Costs
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
9.7 Entire Agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
9.8 Interpretation
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
10. Notices
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.