1.1        Anddiss Pty Ltd (ACN 166 973 299) (‘our’, ‘we’, or ‘us’) owns and operates the messy play centre located at 5/450 Nepean Hwy, Chelsea 3196 (‘Facilities’) and the website  https://www.littlebuttonsmessyplay.com.au/ (‘Website’).

​

1.2        THESE TERMS AND CONDITIONS (‘Terms’) WILL APPLY TO AND BIND ALL PURCHASERS AND USERS OF OUR FACILITIES AND WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OUR SERVICES OR USING OUR FACILITIES OR WEBSITE. BY MAKING A PURCHASE OR USING OUR FACILITIES OR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU ARE MAKING A PURCHASE FOR A CHILD, YOU AGREE THAT YOU ARE AUTHORISED TO AGREE TO THESE TERMS ON THE CHILD’S BEHALF.  

2.1    We offer a range of goods and services for children to engage in messy play. We offer these goods and services to you from the Facilities. You can either purchase these goods and services by booking via our Website or (subject to availability) by making a purchase in person at the Facilities.
2.2    Details about the cost, length, inclusions and limitations of our goods and services (including for session tickets, private functions and parties and take-home products) are set out on our Website or displayed at the Facilities. The prices of our goods and services are those displayed on our Website on the date of your order. We reserve the right to update the cost, length, inclusions and limitations of our goods and services from time to time at our discretion without notice, but any changes will not affect purchases that you have already made.  

2.3    You may make payment for your purchases either:
(a)    through the Website; or
(b)    in person,

with a valid credit card, debit card or any other method that we may allow from time to time. 

2.4    You may be required to provide us with your name, your contact details, payment details, the names and ages of children or other participants for whom you are purchasing tickets, and any other information we reasonably need from time to time in order to confirm your purchase.

 
2.5    All purchases are non-refundable and cannot be transferred or resold once your purchase has been submitted on our Website and paid (even if a confirmation email or other communication from us is still pending). Subject to our cancellation policy (as set out below), all tickets to play sessions are only valid for the date and session time originally booked. 

2.6    When purchasing your tickets via our Website, your payment details are transmitted through a secure payment gateway or other secure payment method that we use. However, no transmission over the Internet can ever be guaranteed to be totally secure and therefore any information you provide to us (including credit card or other payment details) is transmitted at your own risk.

3.1    We understand that things don’t always go to plan. Our cancellation policy is as follows:
(a)    if you are unable to attend the date and session time that you originally booked (for example, if your child is unexpectedly unwell), we may (at our discretion and subject to availability) allow you to attend a different date and session time. If that is possible, we will send you a confirmation email or other communication to confirm the new date and session time;

(b)    if we are not able to accommodate another date and session time, we may (at our discretion) allow you to put the amount you have paid for your cancelled session towards a take home sensory pack or a voucher of the same value. Vouchers will be subject to expiry dates and additional terms and conditions of use; 

(c)    parties and private functions are non-cancellable and non-refundable in any circumstances.

4.1    We are not a child minding service. You, as parent or legal guardian or other responsible adult accompanying a child, are solely responsible for supervising your child at all times while present at our Facilities. You agree that you will directly supervise your children (or appoint another responsible adult to do so) at all times while present at our Facilities.

 
4.2    In some instances (for example, parties or private functions), we may serve food and drink as part of the package that you have purchased. We make no representations or warranties about food and drink that may be served (including its content) and you, as parent or legal guardian or other responsible adult accompanying a child, are solely responsible for the health and safety of that child (including ensuring that they do not consume food or drink to which they may be allergic).

4.3    While present at our Facilities, you must observe and follow (and ensure that all persons for whom you are responsible observe and follow) all signs displayed at our Facilities and all other safety directions given by us from time to time. 
4.4    We reserve our right to refuse entry or to provide our goods and services to any child who appears to be unsupervised. We also reserve our right to refuse entry or remove you from our premises for non-compliance with any signs or safety directions, reckless or careless conduct or non-compliance with these Terms. 

5.1    To the fullest extent permitted by law (and subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law), we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity. We are not liable for any loss or damages whatsoever (including any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods or services) arising out of or related to the use, inability to use, performance or failures of our goods or services, irrespective of whether such loss or damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

5.2    Nothing in these Terms affects any liability of ours to the extent it cannot be excluded or limited under applicable law (including death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter). 

6.1    You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages or costs (including legal fees) arising from: 
(a)    your use of or your conduct in connection with our goods or services; or 
(b)    your breach of these Terms.

7.1    Our Website may from time to time display third party advertisements or links to third party websites. We do not endorse or recommend the goods or services of any third party or their websites. If you purchase any goods or services from third parties or visit their websites, you do so at your own risk.

8.1    We reserve the right to amend these Terms from time to time at our sole discretion and any amendments to these Terms will be effective immediately upon notification and/or posting on our Website. 

9.1    If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. 

9.2    So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

10.1    These Terms are governed by the laws of the State of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Courts and Tribunals of the State of Victoria, Australia.

11.1    Any failure or delay by us in enforcing any provision under these Terms does not constitute a waiver of any of our rights under these Terms.  

12.1    If you have any questions, concerns or complaints regarding these Terms or our services, please contact us at info@littlebuttonsmessyplay.com.au.