Let's Ride Terms and Conditions
Last updated: April 2018
“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.
4. Application of third party Standard End User Licence Agreements
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 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.
(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;
6. Retention and deletion of Accounts
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.
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.
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.
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:
(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.
(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
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.