"Agreement" means these Terms and Conditions together with the Wet'n'Wild Sydney Operating Season 2016/2017 Terms & Conditions appearing on this website, the Purchase Pages and the Debitsuccess Contract
"Conditions of Entry" means the entry conditions for the Park as appearing at the front gate of the Park and at Conditions of Entry
"Day" means any day other than a public holiday in New South Wales
"DEBITSUCCESS" means Debitsuccess Pty Ltd A.C.N. 095 551 581
"Debitsuccess Contract" means the DEBITSUCCESS Direct Debit Request (DDR) Service Agreement
"Direct Debit Date" means the date when each Weekly Payment is to be deducted in accordance with these Terms and Conditions
"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them
"Membership" means either Season Membership, Premium Season Membership or Ultimate Season Membership
"Membership Holder" means the person whose identity is inserted in the applicable section of the Purchase Pages who is issued with the Pass
"Notice" means communication by telephone or email
"Park" means Wet‘n’Wild Sydney
"Pass" means the MyBand provided to the Membership Holder by US on which is stored a photograph of the Membership Holder
"Pass Holder" means the person whose identity is inserted in the applicable section of the Purchase Pages who is issued with the Pass
"Personal Details" means information about a person inserted in the Purchase Pages when that person’s identity can be linked to that information
"Personal Information" has the meaning ascribed to it by the Privacy Act 1988
"Purchase Pages" means those pages on our website headed "Wet’n’Wild Sydney Season Memberships", "Membership Details", and "Purchaser Details"
"Purchaser" means the person whose identity is inserted in the applicable section of the Purchase Pages
"Start Date" means the date when the Agreement is deemed to have been entered into as set out in these Terms and Conditions
"Term" means the period from the Start Date to the expiration of twenty-three (23) weeks thereafter
"Terms and Conditions" means this document
"Weekly Payment" means in the case of-
"WE, US or OUR" means Wet'n'Wild Sydney Pty Ltd ABN 94 079 214 127 of 425 Reservoir Road, Prospect in the State of New South Wales
Membership may only be purchased by an Australian Resident eighteen (18) years of age and over.
The Purchaser must make available to the Membership Holder these Terms and Conditions. The use by the Membership Holder of the Pass is deemed to be acceptance by the Membership Holder of these Terms and Conditions. A breach of these Terms and Conditions by the Membership Holder shall be deemed to be a breach by the Purchaser. Where the Membership Holder is under eighteen (18) years of age their parent or guardian shall be responsible for the Membership Holder complying with these Terms and Conditions.
The Agreement will be deemed to have been entered into when all necessary details in the Purchase Pages have been completed and provided to US, the Debitsuccess Contract has been entered into between the Purchaser and DEBITSUCCESS by the Purchaser ticking (or directing us to) the box in the Purchase Pages authorising Debitsuccess to debit/charge their credit card and:-
The Weekly Payment is due on the Start Date and the corresponding day on the next twenty-three (23) consecutive weeks i.e. a total of twenty-four (24) payments e.g. if the Start Date is 1 July 2016 then the Weekly Payment is due on 8 July, 15 July etc. up to 9 December 2016 – total of 24 payments.
The Weekly Payment must still be paid when due even if the Membership Holder is not taking advantage of or utilising the Membership.
All payments due to US shall be collected by DEBITSUCCESS as OUR agent in accordance with the terms of the Debitsuccess Contract entered into between the Purchaser and DEBITSUCCESS.
24 payments @ $5 = total cost $120
Premium Season Membership
24 payments @ $6 = total cost $144
Ultimate Season Membership
24 payments @ $7 = total cost $168
A Purchaser must enter into the Debitsuccess Contract and pay the Weekly Payment to DEBITSUCCESS and:-
Subject to any express rights to the contrary in the Agreement, a Membership may not be cancelled or the Agreement terminated with effect during the Term.
The Agreement may be terminated by US at any time by Notice to the Purchaser if the Weekly Payment has not been paid when due or the Terms and Conditions are breached in any way whereupon the Membership Holder will not be entitled to use the Pass to gain access to the Park.
WE may change the Terms and Conditions at any time as may be reasonably necessary by not less than one (1) month’s prior written Notice. If the Purchaser believes they are adversely affected by the change or that the change is unfair the Purchaser may terminate the Agreement by giving US Notice of termination of the Agreement not more than fourteen (14) Days after they receive the Notice from US. If the Purchaser does so then the Agreement shall be at an end one (1) month after WE gave the Purchaser Notice of the change and the Monthly Payment shall be payable in the intervening period. If WE do not receive any Notice of termination of the Agreement from the Purchaser during the fourteen (14) Day period then the Agreement shall continue subject to the changes notified.
Any Notice required to be given by a party under the Agreement shall be given in accordance with the particulars set out in the Purchase Pages or at the end hereof or as subsequently varied by Notice.
The Pass Holder and the Purchaser agree to give Notice to US without delay as to any change in their contact details.
Where the Personal Details include Personal Information WE and DEBITSUCCESS will only use and disclose same for purposes reasonably contemplated by the Agreement and in accordance with the Privacy Act 1988 and in accordance with the following privacy policies:
If any words, terms or conditions of the Agreement are found to be invalid or unlawful then they shall be deleted and the balance of the Agreement will remain valid and enforceable.
The Agreement constitutes the entire agreement between US, the Pass Holder, the Purchaser and DEBITSUCCESS and no prior representations, understandings, agreements or arrangements will be of any consequence.
If a party has a query or dispute in respect of the Agreement WE ask that they contact US by:-
If a Purchaser has a query or dispute in respect of the payment of monies WE ask that they contact DEBITSUCCESS by:-