Let's Ride Terms and Conditions

Last updated:  April 2018

IMPORTANT: By accessing or otherwise using our Application, Website or Service (as defined below), you agree to be bound by these Terms of Use.  If you do not accept and agree to these Terms of Use, you are not permitted to access or otherwise use them.

1. Definitions

In these Terms of Use, the following terms have the following meanings:

Account” means your account with Ride On enabling you to use the Service.

Application” means the mobile device application called ‘Let’s Ride’ enabling users to pre-purchase Ride Tickets and unless the context requires otherwise including any web-based version of the Application.

Charges” means any applicable fees and charges in connection with the use of the Service that may be payable by you, as notified by Ride On from time to time, including as detailed on the Application and/or Website.

Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.

Ride Ticket” means a ticket, token or other entitlement to use a Ride, whether evidenced by a paper-based ticket or otherwise.

Ride” means an electronically operated children’s ride owned and/or operated by Ride On.

Ride On”, “us” or “we” means Innovative Retail Pty Ltd (ACN 007 653 250) trading as ‘Ride On Entertainment’.

Service” means the Application and/or Website and/or the Rides, collectively and separately, and where the context permits, includes the use of Rides through or in conjunction with the functionality on the Application or Website.

Website” means the website at www.rideon.com.au, including parts or features of that website that can be used or accessed without requiring registration or logging into the Application.

2. Acceptance of Terms of Use

By using the Service, you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you and Ride On.

3. Licence

Ride On grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to access and use the Service unless and until that licence ends in accordance with these Terms of Use.  Your right to use the Application is subject to you maintaining a current Account. You agree that your licence is subject to your payment of the applicable Charges.  You may use the Service for personal, non-commercial purposes. 

4. Application of third party Standard End User Licence Agreements

4.1 In addition to these Terms of Use where you have obtained the Application through the Apple AppStore or other similar application platform, you acknowledge that your use of the Application is governed by these Terms of Use and the platform’s standard end user licence agreement if and to the extent applicable. To the extent permissible at law, in the event of any inconsistency between these Terms of Use and such standard end user licence agreement, these Terms of Use shall take precedence over any standard end user licence agreement. 

5. Your account

5.1 You are required to create an Account via the Application in order to use the Service.  You must be at least 18 years old to have an Account.  If you have authorised a minor to use the Service, you are responsible for their conduct and the consequences of any misuse.

5.2 In creating an Account you are required to provide the information requested by Ride On in including:

(a) your contact details (including your full name);

(b) your email address; and

(c) the details of your preferred method of payment; and

(d) any further account information which may be required to protect the security of your Account.

You agree that all of the details provided will be collected, stored and used by Ride On in accordance with our Privacy Policy.

You may also (but are not required to) provide us with a child’s birth date in order to receive promotional (such as birthday) offers which may be provided by us from time to time.  A maximum of  five (5) children’s birth dates can be provided on each Account.

You must:

(a) ensure that any information you provide to us is and will remain true, accurate and current;

(b) not permit any other person to access your Account;

(c) not without our consent post, republish, reproduce or communicate any content appearing on the Application or Website on or through any other platform, forum or medium (including without limitation social media platform, such as Facebook) that we operate;

(d) not attempt to translate, reverse engineer, decompile, disassemble or attempt to reconstruct or attempt to reconstruct or discover any source code of the Application/ Website;

(e) not use the Service or any content obtained from use of the Service for any illegal, immoral, indecent or inappropriate purpose;

(f) not attempt to gain access to any content accessible through the Service for which you do not have permission, including any other person’s account;

(g) not do any act or omission to undermine or circumvent the security or integrity of Ride On's or any third party's systems or networks; and

(h) not damage, interfere with, deface or disrupt the normal functioning of any Ride;

(i) ensure that any person who uses your Account or the Service on your behalf or for whom you are responsible complies with these Terms of Use generally and the matters referred to in (a) to (h) above specifically.

6. Retention and deletion of Accounts

Your Account will remain current unless it is cancelled or terminated in accordance with these Terms of Use.  We may terminate the Account if the credit card information you have provided is incorrect or no longer current, if you have not actively used your Account within the previous 24 months or if you breach any of these Terms of Use.

7. Security

Ride On will take all reasonable steps to ensure the security of the Application and Website. Please see our Privacy Policy for more information about how we treat personal information.

You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify Ride On immediately of any unauthorised use of your Account or other breach of security.

8. Charges

You agree to pay any Charges associated with your use of the Service. Except as required by law or as provided otherwise in our refund policy Charges are non-refundable and may be subject to change by notice provided on the Application or Website.  

9. Ride Tickets

Ride Tickets can be purchased via the Application. You must have pre-purchased a sufficient number of Ride Tickets in your Account in order to use the corresponding Ride.

The price of Ride Tickets and the number of Ride Tickets required to use a particular Ride will be specified on the Website and/or the Application.

Each time you purchase Ride Tickets, you will be charged a transaction fee, as notified on the Application and/or Website.

Ride Tickets will remain valid for 36 months after issue.  

10. Payments

All payments will be made through our third party payment processing provider Braintree Access to Braintree Payments terms and conditions are incorporated and form part of these Terms of Use and can be found at the following link: https://www.braintreepayments.com/en-au/legal.

11. Privacy

Ride On will treat personal information as confidential and comply with the Privacy Act 1988 (Cth), and Ride On’s Privacy Policy.

Nevertheless, because internet transmissions cannot be guaranteed to be secure in all aspects (including in relation to unauthorised use and disclosure of personal information), you acknowledge and agree that you use the Service at your own risk, and you should only proceed to use the Service if you accept this condition.

12. Intellectual Property Rights

You agree that Ride On owns all Intellectual Property Rights associated with the Service and any other content materials created by or on behalf of Ride On (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface, user feedback and accompanying printed or marketing materials).

13. Changes to the Service

You accept that the Service may evolve and change over time.  Ride On reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, Ride On will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service.

14. Disruption of Service

Ride On will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair or for any other reason within or outside our control.

To the extent permissible at law, Ride On shall not be liable for any loss or damage caused or suffered as a result use of the Service or of any partial or total breakdown of, or the inability to use, the Service.  Ride On will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Service.

You agree that, to the extent permitted at law, use of the Service is at your own risk and that Ride On does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.  To the maximum extent permitted by law, Ride On excludes all representations and warranties including any implied warranties and representations not expressly contained herein.

15. Indemnity

You agree to indemnify, and keep indemnified, Ride On, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal charges), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:

(a) breach of these Terms of Use;

(b) your access to or use of the Service; or

(c) loss or damage caused by you or any person using your Account or username and password (whether with or without your permission).

16. Limitation of liability

To the maximum extent permitted at law Ride On shall not be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any user, Ride On, its employees, agents or any other persons acting on its behalf.

Nothing in these Terms of Use purports to limit Ride On’s liability under the Australian Consumer Law or otherwise required at law.

            In the event of a breach by Ride On of a condition, warranty or obligation under these terms of use, to the maximum extent permitted by law, Ride On’s liability for such breach shall be limited to:

(a) The replacement of the goods or the supply of equivalent goods or services;

(b) Payment of the cost of replacing the goods or acquiring equivalent goods or services;

(c) Reimbursement of any charges deducted in error;

(d) Refund of charges paid for the Service;

as determined by Ride On in its discretion.

17. Cancellation by you

You may cancel your Account at any time by following the prompts within the Service.  Any unused funds in your Account will be forfeited on cancellation.

18. Termination by Ride On

Ride On may suspend or terminate your Account at any time if you breach or Ride On reasonably suspects you have breached these Terms of Use.

19. Use of subcontractors etc.

You agree that Ride On may use third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

20. Jurisdiction

These Terms of Use will be governed by and construed according to the law of Victoria, Australia, and any dispute arising out of or in connection with these Terms of Use must be determined in the courts of the State of Victoria, Australia and/or in the Federal Court of Australia sitting in Victoria.

21. Assignment

Ride On may transfer, assign or sub-license its obligations these Terms of Use and its rights and obligations without your consent.

22. Validity

Nothing in these Terms of Use shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to these Terms of Use or their performance.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full effect.

23. Amendments

These Terms of Use may be amended or replaced from time to time, with or without prior notice to you by posting updated Terms of Use on the Website or Application. Any updated terms become effective as soon as posted. If any updated Terms of Use constitutes a material change, Ride On will endeavour to post an announcement on the Website/Application. Your continued use of the Service following any amendment constitutes your acceptance of any updated Terms of Use.  If you do not agree to any updated Terms of Use you must cease use of the Service and cancel your account.