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PARTIES
Games
In these terms and conditions of entry (“Entry Conditions”), the following definitions shall apply:
ACL: Schedule 2 of the Competition and Consumer Act 2010 (Cth)
Attraction: Immersive Gamebox Sydney
IGB: Immersive Group Gaming Ltd. (trading as ‘Immersive Gamebox’) a company incorporated in England and Wales with registration number 11241058 and whose registered office is at 63/66 Hatton Garden, Fifth Floor, Suite 23, London EC1N 8LE
Merlin/’Us’/’We’/’Our’: THE SYDNEY AQUARIUM COMPANY PTY LTD ACN 008 631 981 c/o TMF Corporate Services (Aust) Pty Ltd, Suite 1, Level 11, 66 Goulburn Street, Sydney, New South Wales, Australia 2000
Ticket: A valid ticket allowing the holder entry to the Attraction
Guests are admitted to the Attraction subject to the following Entry Conditions. By purchasing or using a Ticket, guests agree to comply with these Entry Conditions.
Any person who does not comply with these Entry Conditions may be removed from the Attraction by Merlin personnel, security or police officers, without any right to a refund except in accordance with the ACL. This is without prejudice to any claim that we may have against such a person or arising out of their actions. Whilst inside the Attraction, all guests must comply with any reasonable instructions given to them by Merlin personnel or any third party instructed on our behalf. Acting reasonably, Merlin reserves the right to vary these Entry Conditions at any time without prior notice, if the Entry Conditions are varied after you have purchased Tickets and before the entry date on such Tickets and you do not agree to the varied Entry Conditions, you may contact us to cancel your Tickets and receive a refund.
By entering the Attraction, guests accept that they have a duty to take reasonable steps to ensure their own safety, taking into account any personal medical conditions. All persons in and around the Attraction should behave in a safe manner at all times.
We reserve the right to refuse entry without a refund, if you are:
Inebriated;
a minor below the age of 12 who is not accompanied by a responsible adult; or
we reasonably believe there may a safety risk to you or another guest.
Tickets purchased online or in advance are not to be used in conjunction with any other offer, promotion, voucher or exchanged for cash. Ticket only redeemable at the attraction stated.
Unless required by the ACL or if Merlin acts negligently, Merlin shall have no liability for any loss or damage arising on the premises, and accepts no liability for travel expenses or any other out of pocket expenses incurred.
BOOKING POLICY
To book you must provide an accurate email address and a telephone number.
Making your booking: The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made. All bookings must be made online via the website. At the end of the booking process, you are asked to confirm that you have read and agree with our booking conditions. Your booking will be confirmed by a reference number and we will reconfirm your booking by email. The confirmation is sent to the email address which you enter/provide at the time of making your booking. However if you have spam filtering on your email account, our email might not reach you. Please check your booking confirmation carefully as soon as you receive it. Contact us immediately if any information on the confirmation appears to be incorrect or incomplete as it may not be possible to make changes later.
Except pursuant to the ACL, all tickets for the Attraction whether they be purchased from IGB or third party sellers are purchased on a non refundable and non transferable basis. Your booking is valid only for the game/package you have chosen. Tickets are available on the door as well as online, subject to availability.
We do not offer tickets to guests under the age of 3. However, guests under the age of 3 years are allowed into the Gamebox, as a non-playing addition, at their parent or guardian’s own discretion, and only if the full group size (including the under 3) does not exceed 6 people per Gamebox. Strollers, pushchairs and other similar items are not permitted inside the Gamebox, we may be able store these for you while you play, although we cannot guarantee that there will be space available at your chosen location.
Juniors (anyone aged 3-11) must be accompanied by an adult (18+) when playing. At all times, our venue teams reserve the right to refuse entry to such groups, if an accompanying adult is not present. Accompanying adults are not required to purchase a ticket to supervise guests aged 11 and under in the Gamebox if they do not wish to participate. However, the total number of people in the Gamebox must not exceed 6.
Dogs are not permitted in our venues, with the exception of Guide Dogs/Service Animals.
Please arrive 10-15 minutes prior to your booking time to, failure to do may result in you impacting your game play time. We cannot issue refunds for non-arrivals or shortened experiences due to lateness. We cannot guarantee refunds in the event you are late or cannot attend due to severe weather, travel disruption or other external factors.
If you or any of your group are running late on the day, please contact us as early as possible on [email protected] and we will do our best to accommodate you.
Payment: Full payment is required at the time of booking.
Your contract: A binding contract between us comes into existence when the final page of the booking confirmation procedure gives you a booking reference. For all payments made via this website, THE SYDNEY AQUARIUM COMPANY PTY LTD will be the responsible contractual party. This contract and all matters arising out of it are governed by the laws of New South Wales, Australia.
The cost of your ticket(s): We are committed to providing great value offers on tickets; where possible offering discounts on entrance rates. There may be some seasonal special offers and in some circumstances prices may go up or down. The price of your ticket(s) will be confirmed at the time of booking.
We reserve the right to correct errors in advertised prices. We will do so as soon as we become aware of the error. A total price of your ticket(s) will be given before you confirm your booking which you may accept or not. All prices are for pre-booking and include GST.
Changes by you: Standard tickets can be refunded up to 48 hours in advance of the booking time for change of mind. You can do this yourself via the manage my booking button on your confirmation email. After this time it will not be possible to amend or transfer your booking. For tickets purchased within the 48 hour period (same day) are not entitled to reschedule, refund or any compensation should you wish to cancel your booking for change of mind. For further enquiries please contact [email protected]
Cancellation by you: Should you or any member of your party need to cancel your booking once it has been confirmed, the party leader must immediately advise us. As soon as you cancel, your unique confirmation email voucher will become void and non-redeemable. We regret it is not possible to make refunds in respect of cancelled bookings for change of mind made less than 48 hours in advance of the booking time.
Changes and cancellation by us: Occasionally, we have to make changes to and correct errors and other details both before and after bookings have been confirmed and cancel confirmed bookings and we must reserve the right to do so. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:
accepting the changed arrangements or
purchasing an alternative ticket offer from us. If the chosen alternative date is less expensive than your original one, we will refund the difference but if it is more expensive, we will not ask you to pay any more; or
cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
In all cases, subject to the ACL our liability for significant changes and cancellations is limited to offering you the above mentioned options. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
Force Majeure: Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation other than pursuant to the ACL where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described below) as a result of force majeure. In these booking conditions, Force Majeure means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Our Liability to you
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Nothing in these Entry Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
Except to the extent that liability cannot be excluded or limited, we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage arising including any distress, inconvenience or anxiety caused during the course of the experience, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of your visit and which were unforeseeable or unavoidable; or
Force Majeure.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier other than Merlin agrees to provide for you where the services or facilities are not advertised on our website we have not agreed to arrange them.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract will be used as the basis for deciding whether the services in question had been properly provided.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description
which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or
which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.
As the services we provide under these Entry Conditions are only for non-commercial customers, unless we agree to provide services to your business in accordance with these Entry Conditions, we do not accept liability for any losses suffered by your business.
Complaints and problems:
If you have a complaint, you agree to provide ourselves and our insurers (if necessary) with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out below.
In the unlikely event that you have any reason to complain or experience any problems with your visit to the Attraction, you must immediately inform the supplier of the service(s) in question. Any verbal notification must be put in writing as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Please write to our Guest Experience Team at the Attraction you have visited giving your booking reference and full details of your complaint.
Your Responsibilities: Bookings are accepted on the understanding that all persons travelling are normally in good health and able to fulfil the physical demands of the Attraction visit. It is your responsibility to ensure all members of the party are in possession of all necessary travel and health documents before departure. We cannot accept any liability or associated costs if you are refused entry onto transport or into the Attraction country as a result of failure to carry correct documentation. For the enjoyment and safety of other guests and staff, our venue team reserve the right to refuse entry to any guests deemed to be intoxicated or behaving inappropriately, and remove guests from the venue for these reasons. All guests must follow our reasonable rules of play displayed at the Attraction or may be asked to leave without refund.
Special Requests and Medical Problems: If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Call Monitoring and Recording: As part of our continuing effort to ensure you receive the highest service standards, we may monitor and record your call for training purposes.
Directions: Please make sure you have directions to Immersive Gamebox Sydney; basic directions are also provided on your email confirmation. Directions should be used in conjunction with an up to date map.
Parking: Please check parking arrangements. Parking is always at the vehicle owner’s risk.
Best Price Guarantee: Book more than 14 days in advance of your visit date and we guarantee that www.immersivegamebox.com/sydney will have the lowest priced entrance tickets available. If you find a cheaper price within 7 days of booking, we will match it and refund the difference!
The best price guarantee is subject to availability and times of date. The ticket must be the same in all respects including date, time of entry and admission priority. Excludes offers conditional on buying other products, group bookings or discounted membership schemes.
Filming: Respectful non-flash photography and filming for personal use is permitted inside Immersive Gamebox Oberhausen but is prohibited in the following areas: The toilet facilities and any other restricted area which will be signed accordingly.
Use of images and recordings from our venues: Capturing a GIF is a fun part of the experience we offer at Immersive Gamebox – these images are displayed in our venues at the end of your game. Please let a member of staff know if you do not wish for your image to be displayed in venue, otherwise you consent to images of you being displayed in our venues at the end of your game.
By making a booking with Immersive Gamebox you agree that any images and video taken of you and your group by us at our venues may be used for promotional activities online and in print by Immersive Gamebox and their partners. If you do not wish Immersive Gamebox to use these images and video, please notify us before the day of your event.
It is prohibited to record or render the Gamebox experience using any means whatsoever, including but not limited to electronic devices, mechanical devices and/or sound recording devices, without the prior written consent of Immersive Group Gaming, subject to the explicit and limited exceptions contained in these Terms & Conditions
Social Media Rights
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY. BY HASH TAGGING [#IMMERSIVEGAMEBOXSYDNEY, #YESIMMERSIVEGAMEBOXSYDNEY, OR TAGGING [@IMMERSIVEGAMEBOXSYDNEY] YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS IN RELATION TO OUR USE OF YOUR CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT RESPOND TO OUR REQUEST TO USE YOUR CONTENT.
Who we are and how to contact us
The Sydney Aquarium Company Pty Ltd. Limited (a Merlin Entertainments Group Company), operating the attraction Immersive Gamebox Sydney is registered in Australia under the company number 008 631 981(“Merlin Sydney”).
What these terms cover
These are the terms and conditions on which you license to Merlin Sydney, its subsidiaries, affiliates, licensees, its subcontractors, contractors, consultants and agents including without limitation Merlin Entertainments Limited (company number 08700412) (referred to as " Immersive Gamebox Sydney ", "we" or "us") the use of all images and materials (including photographs, audio and video material) (Content), which is owned or licensed by you in whatever medium or form.
Term of this licence
This licence shall commence on the date that you indicate your acceptance of these Terms by placing a hash tag on the relevant social media platforms and/or emailing across content to the Immersive Gamebox Sydney, agreeing to Immersive Gamebox Sydney’s use of the Content.
Grant of licence
In consideration of Immersive Gamebox Sydney displaying your Content on a website connected with Immersive Gamebox Sydney or a website promoting ‘SEA LIFE Sydney Aquarium’, you hereby unconditionally and irrevocably grant to Immersive Gameb ox Sydney, a perpetual, non-exclusive, fully-transferable, royalty-free, worldwide, sub-licensable licence to use, copy, reproduce, modify, transmit, publish, edit, display and make derivative works of the Content on any media now known, or hereafter developed, in formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and the right to make commercial use of the Content and excerpts of the Content in advertisements for, and in marketing and promotional materials related to, Immersive Gamebox Sydney (the "Licensed Rights").
You hereby waive any and all moral rights or similar rights that you may have in the Content and understand that Immersive Gamebox Sydney shall be under no obligation to credit you or publicly acknowledge your rights in the Content.
Your rights in the Content
You retain all rights in the Content and nothing in these Terms shall be taken to grant any rights to Immersive Gamebox Sydney in relation to ownership of the Content.
You understand that in providing us with the Licensed Rights, Immersive Gamebox Sydney shall have absolute discretion in whether it uses the Content and shall not be obliged to use, distribute, display or make derivative works of the Content.
Warranties
Each party warrants to the other that it has full power and authority to enter into these Terms.
You warrant to Immersive Gamebox Sydney that you:
Own or control all the rights necessary to grant Immersive Gamebox Sydney the Licensed Rights referred to above;
the Content does not infringe the rights of any third party (including without limitation copyright, moral rights, privacy rights and publicity rights);
and you have obtained all relevant consents, releases and waivers to permit the public distribution of the Content;
the Content does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy;
the Content does not contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
Limitation of remedies and liability
Nothing in these Terms shall operate to exclude or limit either party's liability for:
death or personal injury caused by its negligence; or
any other liability which cannot be excluded or limited under applicable law.
Transfer of rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may transfer our rights and obligations under these Terms to another organisation.
Notices
Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or sent by email to the address specified in above (in relation to us) or the email address used on the social media website for which we obtained your Content.
Entire agreement
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nobody else has any rights under this contract
No one other than the parties, their successors and permitted assignees, shall have any right to enforce any of its terms.
Variation to these Terms
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Which country's laws apply to any disputes?
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation are governed by and construed in accordance with the law of Australia. The parties irrevocably agree that the courts of Australia have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or its subject matter or .
Consent
Subject to the below, you have the right to revoke your consent to the use of your Content. If you wish to revoke consent, please contact the email address in the Contact and Complaints clause below.
You acknowledge that whilst you can revoke your consent and prevent the use of your Content in future projects, it may not be possible for your Content to be completely removed from some materials, including but not limited to, physical marketing materials already in circulation.
Contact and Complaints
The primary point of contact for all issues arising from this Policy, including requests to exercise data subject rights, is Merlin’s Data Protection Officer. The Data Protection Officer can be contacted in the following way:
To exercise your data subject rights, please complete the request form available here.
For additional information, please see our Privacy Policy here.