Ticketing Conditions

Definitions

Interpretation

1. In the Terms, unless the context dictates a contrary intention:
   1. A reference to a clause or paragraph is a reference to a clause or paragraph of the Terms.
   2. The singular includes the plural and vice versa.
   3. A reference to dollars or $ is to Australian currency.

Generally

1. The Terms govern the purchase of tickets for the Gardens.
2. By purchasing one or more tickets, you agree to be bound by the Terms.
3. Ticket prices advertised include GST.
4. Any discount measures for tickets of any type, advertised or communicated in percentage or dollar/currency terms, are referenced against the Gate Ticket Price for the same ticket type or nearest equivalent at that point in time.
5. Wanneroo Botanic Gardens requests that “pop-up blockers” and “cookies” are enabled on your device when purchasing tickets through the Website to ensure your transaction proceeds correctly.

Payment Process

1. Tickets may be purchased at the entrance to the Gardens using the payment options provided at that time.
2. The purchase of tickets through the Website uses the Roller Payments Gateway. Their terms can be viewed at [https://roller.software/master-terms].
3. Third-party payment options (such as AfterPay) may be offered at certain times on the Website, and in such cases, the purchaser of tickets is also bound by the terms and conditions detailed under the third party’s user agreement.

Order Confirmation via the Website

After making payment for a ticket using the Website, an email will be sent to the email address you provided, including your receipt, your tickets, and other important information.

You agree and acknowledge that :

1. 1. a ticket confirmation email may not be immediate.
   2. If you do not receive a ticket confirmation email or experience an error message or service interruption after submitting payment, it is your responsibility to confirm with Wanneroo Botanic Gardens whether your Ticket has been purchased. Only you may be aware of any problems during the purchase process. Wanneroo Botanic Gardens is not responsible for losses if you assume a ticket was not purchased because you failed to receive a ticket confirmation email.
   3. It is your responsibility to contact us before attempting to purchase an additional ticket in these circumstances.

Using Tickets Purchased Through the Website

1. Following the purchase of a ticket through the Website, you can either
   1. print out the ticket and bring it with you or
   2. Open the ticket PDF on your smartphone for QR Code scanning at the Gardens on the date specified on the ticket.
2. Ensure your email account is free of any restrictions to receive the ticket PDF document attachment. Check your spam filters or Junk mail if not received in your email inbox. Some email providers place emails into a promotional folder; please check there as well.
3. On arrival at the Gardens, present a printed version of the ticket or a ticket QR Code on your smartphone at the admission gate for one-time use only.

Using Tickets Purchased at the Gardens Entrance or Through Authorized Third Parties

1. Following the purchase of a ticket at the entrance to the Gardens or through an authorized third party, the Ticket may be presented at the Gardens on the date specified on the Ticket to gain admission. You might need to use a code or similar to book tickets directly with the Gardens.
2. It is your responsibility to read the instructions on each ticket purchased through a third party and follow any ticketing requirements.

Operating Days

1. The days on which the Gardens will operate can be viewed when purchasing tickets online. Tickets are only available for listed dates on Roller Payments Gateway.
2. Wanneroo Botanic Gardens is open on select dates as determined by us at our sole discretion. These dates are subject to change.
3. Tickets are valid for use as specified on the ticket or at the time of purchase, which may be a specific date, date range, or any day the Gardens is open to the general public.
4. Clause 1.8(c) may not apply where Tickets are offered and purchased under promotion conditions, including where tickets are
   1.  for use on a specific date,
   2. purchased at discounted pricing,
   3. part of a limited offer,
   4. for a limited entry access period,
   5. or subject to conditions stipulated during the promotion or purchase process. Specific conditions may apply as to when tickets may be used to access the Gardens at the sole discretion of Wanneroo Botanic Gardens staff.

Single Use

1. Each Ticket can only be used for a single, one-time entry into the Gardens.
2. Barcodes on tickets are tracked to ensure tickets are valid only for entry into the Gardens on one occasion.

Concessions

Where concession pricing is available based on age, disability, or other factors, suitable and valid identification must be provided by you on request by Wanneroo Botanic Gardens to confirm eligibility for concession pricing.

Refunds and Exchanges

1. Subject to clauses 1.12 and 1.13, all tickets are strictly non-refundable, non-exchangeable, cannot be redeemed for cash, and cannot be resold. Wanneroo Botanic Gardens does not refund tickets for incorrect purchases or inclement weather.
2. Wanneroo Botanic Gardens requests that before purchasing a ticket or pass as a gift, you carefully consider if a Gift Card is more suitable for your circumstances.
3. Refund details specific to wedding deposits are detailed in 1.16(6).
4. Nothing in this clause seeks to limit or avoid the statutory rights provided to consumers pursuant to the Australian Consumer Law.

Fees

1. The price of a ticket purchased via the Website includes GST but excludes a fee that is calculated on a per-transaction basis (per-transaction fee).
2. Currently, the per-transaction fee is not included in the final total of your order on the Website. This is subject to change.

Reschedule Advantage and Refunds to Gift Cards

Wanneroo Botanic Gardens offers the Reschedule Advantage enabling Guests to change the date of their visit.

Definitions and Interpretations

Definitions:

Acceptable Circumstance : Any circumstance defined in the Terms and Conditions which Wanneroo Botanic Gardens may consider at its discretion as a basis for an Application.

Application : An application to Wanneroo Botanic Gardens made by a Purchaser for a refund to a Gift Card or re-issuance of the Ticket made in accordance with these terms and conditions.

Attendee :

• A person who is either the Purchaser
• named on a Ticket
• or an intended member of a Group.

Booking Reference Number : The reference number which the Purchaser receives when Tickets or a Group Booking is purchased on the Website.

Communicable Disease : Any disease capable of being transmitted from a person or other animal to another person, either directly or indirectly.

Date of Planned Attendance : The date which the Purchaser intended to use the Ticket or Group Booking during the Operating Season for which the Ticket or Group Booking was valid.

Date of Purchase : The date the Ticket was purchased or the Group Booking was made by the Purchaser as identified on the receipt of purchase issued by Wanneroo Botanic Gardens.

Doctor : A qualified medical practitioner who is registered and licensed with a recognized professional body and who is not the Purchaser or a member of the Purchaser’s Immediate Family.

Emergency Services : Police, Fire and Rescue Services, Ambulance Services, and other state-funded Emergency Services.

Evidence : The documentation which must be submitted with an Application as reasonably required by Wanneroo Botanic Gardens pursuant to these Terms or as otherwise notified from time to time.

E-Ticket : A ticket permitting entry to the Gardens, purchased online using the Website, at the entrance to the Gardens, or via an authorized third party.

Group : A group of people for which a Group Booking was made by the Purchaser.

Group Booking : A booking of Tickets for a Group made under the ‘Group Booking’ option on the Website, which can also be referred to as a Ticket Bundle on the Website.

Immediate Family : The spouse (either by marriage or by way of de facto relationship), parent, child, sibling, grandparent, stepparent, or stepsibling of an Attendee.

Days of Operation : The days which Wanneroo Botanic Gardens will operate each year and are subject to change without notice at Wanneroo Botanic Gardens’ discretion.

Gardens : The premises located at 25 Drovers Place, Wanneroo, WA.

Parties : Wanneroo Botanic Gardens and the Customer. “Party” means either one of them.

Purchaser : The person, organization, or entity that accesses and/or uses the Gardens and has purchased Ticket Protection during the E-Ticket purchase process.

Ticket : Any ticket permitting entry to the Gardens, purchased online using the Website, at the entrance to the Gardens, or via an authorized third party, including tickets purchased as part of a Group Booking. Excludes any additional purchases made at the time of purchase.

Reschedule Advantage : A service offered to customers during the E-ticket purchase process, allowing them to reschedule their visit or session. Ticket re-issuance is only available for listed dates on Roller Payments Gateway.

Refund to Gift Card : A refund or partial refund issued in the form of a digital Gift Card that may be used on the Website or, if presented, at the Gardens. Gift Cards are valid for 36 months from the date of issue.

Website : The web page operated by Wanneroo Botanic Gardens where the Purchaser can purchase Tickets and Bookings.

Interpretations :

In these terms, unless the context otherwise requires

•  the singular includes the plural and vice versa.
• A reference to a clause is a reference to a clause of these terms.
• A reference to a party to these terms or any other document or arrangement includes that party’s executors, administrators, successors, and permitted assigns.
• Headings are for ease of reference only and do not affect the meaning or interpretation of these terms.
• Any translation of these terms and conditions from English is for assistance and information only and does not affect the meaning or interpretation of these terms.

General :

• Reschedule Advantage allows the Purchaser to reschedule their booking online or, in acceptable circumstances with the required evidence, make an application to Wanneroo Botanic Gardens for a Refund to Gift Card to the value of the Ticket or Group Booking purchased.
• Reschedule Advantage is only valid for the Operating Season for which the Tickets or Group Booking were purchased. At the conclusion of the Operating Season, all products purchased for that Operating Season become invalid.

Acceptable Circumstances :

• The Purchaser may only make an Application to Wanneroo Botanic Gardens for a re-issuance of a Ticket or Group Booking if the Purchaser can provide sufficient evidence that an Acceptable Circumstance has occurred, making it impossible or impractical for the Purchaser or an Attendee or Group to use the Ticket or Group Booking.
• The Acceptable Circumstances for a refund to Gift Card or re-issuance of a Ticket or Group Booking are considered by Wanneroo Botanic Gardens on an entirely discretionary basis and are not to be taken as a guarantee.
• Each Acceptable Circumstance carries a requirement to provide certain Evidence as follows, as reasonably requested by Wanneroo Botanic Gardens on a case-by-case basis:
• Illness or Injury: An illness or accidental injury to an Attendee or an Immediate Relative of an Attendee.
  • Evidence required:
    • A note or medical certificate from a Doctor confirming the details of the illness or injury, the date of the illness or injury, and a statement that the illness or injury prevents the Attendee from attending.
    • Proof of the relationship between the Attendee and the Immediate Relative (where applicable).
• Pregnancy Complication : A medical complication associated with pregnancy that the pregnant person was unaware of at the Date of Purchase, preventing the pregnant person from using the Tickets.
  • Evidence required:
    • A note or medical certificate from a Doctor confirming the details of the pregnancy complication, the date of the pregnancy complication, and a statement that the pregnancy complication prevents the Attendee from using the Ticket for the duration of the season for which the Ticket or Group Booking is valid.
• Death : The death of an Attendee any time prior to the end of the Operating Season for which the Ticket or Group Booking is valid.
  • Evidence required: A Death Certificate.
• Death of Immediate Family Member : The death of an Immediate Family Member of an Attendee.
  • Evidence required:
    • A Death Certificate and
    • proof of the relationship between the Attendee and the Immediate Relative (where applicable).
• Public Transport Failure : The unexpected disruption or failure of the public bus, train, tram, or ferry network, not foreseeable prior to the Date of Planned Attendance.
  • Evidence required:
    • Confirmation of failure or disruption of the public transport network and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Flight Disruption : A cancellation or delay of more than five hours of a flight, unknown to the Purchaser at least 24 hours prior to the Date of Planned Attendance, preventing an Attendee from attending on the Date of Planned Attendance.
  • Evidence required:
    • The relevant airline ticket,
    • a notice of cancellation or delay of the flight issued by the airline, and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Mechanical Breakdown : The mechanical breakdown, accident, fire, or theft of a personal vehicle within the 24 hours prior to the Date of Planned Attendance.
  • Evidence required:
    • A copy of the call-out note from a state or national breakdown recovery service,
    • an incident number or report from the police or relevant traffic authority, and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Home Emergency : A burglary, fire, malicious damage, or flood at the main private residence of the Attendee within the 48 hours prior to the Date of Planned Attendance.
  • Evidence required In the case of burglary, flood, or malicious damage:
    • a police incident number or evidence from the submission of a claim to the relevant insurance company, and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
  • Evidence required In the case of a fire:
    • a report from the fire service and/or police and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Theft or Loss of Documents : The theft or loss of a document necessary for the utilization of the Ticket or attendance on the Date of Planned Attendance, which cannot be replaced in time for the Date of Planned Attendance, and an alternative date cannot be practically chosen nor attended.
  • Evidence required:
    • A police report or incident number to confirm the theft or loss dated within 24 hours of the theft or loss taking place
    • an email or similar written notice from the document provider, Booking agent, or other similar entity confirming they are unable to replace or re-issue the documents, tickets, or otherwise before the Date of Planned Attendance, and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Relocation for Work : A requirement to move addresses for a minimum period of three months imposed on the Attendee by their current employer, unknown prior to the Date of Planned Attendance, making the travel requirement to attend the Gardens on the Date of Planned Attendance unreasonable or impractical.
  • Evidence required:
    •  A letter from the Attendee’s current employer confirming the relocation details,
    • evidence of living at the new address (such as rates, utilities, or banking details), and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Jury Service : A summons for an Attendee to attend Jury Service over the Date of Planned Attendance or Booking date, unknown to the Attendee as at the Date of Purchase.
  • Evidence required:
    • A copy of the letter from the Sheriff’s Office summoning you to Jury Service and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Court Summons : A summons received by an Attendee requiring them to appear as a witness in court proceedings on the Date of Planned Attendance, unknown to the Attendee as at the Date of Purchase.
  • Evidence required:
    • A copy of the Summons and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Armed Forces and Emergency Services Recall : Where an Attendee is a member of the Armed Forces, Reserve Armed Forces, or Emergency Services and is recalled to work on the date of planned attendance or Booking date or is posted overseas and cannot attend or make suitable arrangements for an alternative date within the Operating Season.
  • Evidence required:
    • A note from the relevant Commanding Officer or Line Manager confirming that the Attendee was called into work or duty and that this was not their original schedule.
• Changes to Examination Dates : A change to the date of an examination that an Attendee must attend, unforeseeable as at the Date of Booking.
  • Evidence required:
    • A copy of the notice from the examination body, school, college, university, or similar confirming the change of examination date and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Other Emergency Circumstances : Any other unforeseen circumstance completely outside the control of the Purchaser and of no fault of the Purchaser, preventing an Attendee from attending on the Date of Planned Attendance.
  • Evidence required:
    • Any evidence reasonably requested by Wanneroo Botanic Gardens to verify the Other Emergency Circumstances.

Unacceptable Circumstances:

Wanneroo Botanic Gardens does not offer reschedule of Tickets or refund to Gift Card for circumstances including but not limited to:

• Any Communicable Disease pandemic or epidemic, including COVID-19, and any laws, public health policies, or other restrictions resulting from a Communicable Disease pandemic or epidemic.
• Where the booking is canceled or postponed by a third-party organizer.
• Where the booking was made by mistake or where the Tickets are no longer wanted.
• Where insufficient Evidence is provided that the person affected was an intended Attendee.
• Where insufficient Evidence is provided as required by the Acceptable Circumstances or otherwise reasonably requested by Wanneroo Botanic Gardens.
• Inclement or adverse weather.
• Natural disasters, including but not limited to fires and floods.
• Heavy traffic or road closures.
• Where illegal behavior has caused the circumstances which have led to the Purchaser making an Application.
• Wanneroo Botanic Gardens will refuse to refund to Gift Card where it is evident that the reason for requesting the refund or re-issuance was foreseeable as at the Date of Purchase.
• Where the purchaser failed to read and/or understand the rules and requirements for each attraction, including height and weight requirements.

Applications :

• A Purchaser may reschedule their tickets online provided it is before the cut-off period.
• Group Bookings may make an application to Wanneroo Botanic Gardens to request a reschedule of their Group Booking by emailing info@wanneroobotanicgardens.com.au. Reschedule applications may be submitted for the booking as a whole and are not available for individual tickets.
• A Purchaser may make an Application to Wanneroo Botanic Gardens to request a refund to Gift Card of their Ticket or Group Booking via email to info@wanneroobotanicgardens.com.au where an Attendee will not be able to use the Ticket as a result of an Acceptable Circumstance.
• In the event your Application is submitted via email, it must include:
  • The Date of Purchase.
  • The Booking Reference Number.
  • A description of the Circumstances which have resulted in the making of the Application.
  • An election to seek a refund or a re-issuance.
  • Any Evidence required by the Acceptable Circumstances.
  • Wanneroo Botanic Gardens will not assess any Application or process any refunds to Gift Cards or re-issuances of a Ticket or Group Booking after the conclusion of each Operating Season.
  • Wanneroo Botanic Gardens may request any further Evidence as it deems necessary to assess an Application.

Refunds to Gift Cards :

• Wanneroo Botanic Gardens does not facilitate refunds other than refunds to Gift Cards in line with the aforementioned conditions.
• Wanneroo Botanic Gardens is under no obligation to issue refunds or refunds to Gift Cards for any reason.
• Gift Cards are valid for 36 months from the date of issue.

Re-issuance of Tickets :

• Ticket re-issuance is only available for dates within the dates available on Roller Payments Gateway.
• Wanneroo Botanic Gardens is under no obligation to re-issue a Ticket or Group Booking for any reason.
• All changes to tickets online are subject to the set cut-off dates and product availability.

Exclusions and Limitation of Liability :

Under no circumstances is Wanneroo Botanic Gardens liable or responsible in any way to the Purchaser or any other person for any loss, damages, costs, expenses, or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect, of any discrepancy in any Ticket or Reschedule Advantage or any determination of Wanneroo Botanic Gardens under these Terms and Conditions. This includes the form, content, and timeliness of any delivery or communication error, omission, or defect, including without limitation for and in relation to any of the following:

• Any Ticket supplied to the Purchaser.
• Any delay in providing a response to an Application.
• Any delay in processing a refund to Gift Card.
• Any delay in re-issuing a Ticket.
• These Terms and Conditions do not alter the exclusions and limitations of liability as contained within Wanneroo Botanic Gardens’ General Terms and Conditions.
• All Applications, including the provision of any Evidence required by these terms and conditions or otherwise requested by Wanneroo Botanic Gardens, are made at the Purchaser’s expense. Wanneroo Botanic Gardens will not reimburse the Purchaser for any expenses incurred in making an Application.
• The Australian Consumer Law may give the Purchaser certain consumer guarantees which cannot be restricted, limited, or varied.

Amendments :

Wanneroo Botanic Gardens is at liberty to amend these Terms and Conditions at any time without providing notice to the Purchaser.

Miscellaneous :

• Reschedule Advantage is offered as a convenience only and Wanneroo Botanic Gardens is under no obligation to re-issue a Ticket or Group Booking for any reason.
• If any provision of these terms is or becomes void, voidable, or unenforceable, the remaining provisions will continue to have full force and effect to the fullest extent possible.
• No failure or delay by Wanneroo Botanic Gardens in exercising any right, power, or privilege under these terms and conditions will impair the same or operate as a waiver of the same. No single or partial exercise of any right, power, or privilege precludes any further exercise of the same or the exercise of any other right, power, or privilege.

Limits on Sale of Tickets :

1. When purchasing a ticket, you may be limited to a number of tickets in a single transaction, depending on the type of ticket purchased. This may change over time.
2. We discourage unfair ticket buying practices and reserve the right to cancel any orders where we suspect such practices have occurred, including where we know or reasonably suspect automated means have been used to purchase tickets. Use of automated means to purchase tickets is strictly prohibited.

Resale of Tickets :

1. Tickets should be purchased from the Website, at the entrance to the Gardens, and from authorized third parties only.
2. Tickets may not be resold or offered for resale without the prior written consent of Wanneroo Botanic Gardens.
3. If a ticket is sold or used in breach of this clause, the Ticket may be canceled without a refund to Gift Card and the holder of the ticket may be refused admission to the Gardens.

clause, the Ticket may be canceled without a refund to Gift Card and the holder of the ticket may be refused admission to the Gardens.

For Birthday Parties :

1. Deposit
   1. During the checkout process, a 50% deposit will be required (automatically calculated). Full payment of the final balance is required on arrival on the day.
   2. A 50% non-refundable deposit is required at the time of booking. Final payment is required on arrival on the day. Final catering numbers are due 7 days prior to the birthday party.
2. Confirmations
   1. Final confirmations are required a minimum of 7 days prior to the date of the booking. Please email any alterations to your final numbers and meal selections to info@wanneroobotanicgardens.com.au prior to the 7-day cut-off.

For Group Bookings Made Outside the Website (non E-Ticket) :

1. Group bookings require a minimum of 15 paying guests (aged 4 years and over).
2. Your booking is tentative and will only be considered Confirmed upon receipt of a deposit payment as requested by the Gardens Team.
3. Tentative bookings will be held for 1 week (7 days) without a deposit. If the deposit is not received, your tentative booking will be forfeited without further notice.
4. Deposit Payment to secure Booking: A $100 (non-refundable and non-transferable) deposit is required within 7 days of making your booking. Payment of the deposit implies acceptance of these terms and conditions. The full payment will be organized on the day once final numbers are confirmed.
5. The Gardens does not offer refunds other than to the extent required under Australian Consumer Law. In such cases, The Garden’s liability will be limited to rebooking your event to an alternate date or providing a credit to the value of the amount paid.
6.  Wanneroo Botanic Gardens accepts no responsibility for any claim, losses, or damages in respect of bookings and booking deposits, including where: (1) you have changed your mind; or (2) you are unable to host your booking for any reason outside of the control of The Gardens, including (but not limited to) being closed due to government restrictions or a cause independent of human control (weather, etc.).
7. Failure to meet any of the deadlines may result in the booking being canceled and the forfeiting of any payments made.
8. Ticketing: Upon receipt of your deposit, tickets will be sent via email to your nominated email address for you to distribute to your Guests accordingly. Please ensure you allow plenty of time to distribute tickets to your Guests. Group tickets are date-specific, unredeemed tickets are non-transferable and non-refundable. Lost or stolen tickets cannot be replaced.

For School Bookings Made Outside the Website (non E-Ticket) :

1. Packages and rates applicable to Government, Independent, or Catholic Schools. Not available to School or Home School Groups outside of this.
2. Supervision ratios are as outlined in the relevant package brochure. Additional supervisors will be charged accordingly.
3. It is the responsibility of you, the school, to ensure adherence to The Excursion Management Plan and to have a sound understanding of the School Risk Assessment.
4. School Excursion bookings are valid weekdays at the 2 timeslots available (10 am or 1 pm) and during the West Australian Government School Term only. Not valid on public holidays, school holidays, or weekends.
5. Confirmation for excursion bookings is required 1 week prior to the date of the booking.
6. Maximum of sixty (60) students for all School group bookings.
7.  All payments are non-refundable and non-transferable.

For Vacation Care Bookings Made Outside the Website (non E-Ticket) :

1. Vacation Care Packages and rates applicable to Vacation Care Groups registered with an ABN. Groups or Home School Groups outside of this do not qualify for the excursion packages.
2. Supervision ratios are as outlined in the relevant package brochure. Additional supervisors will be charged accordingly.
3.  It is your responsibility to ensure adherence to The Excursion Management Plan.
4.  Vacation Care bookings are valid only for booking dates falling Monday to Friday during school holiday periods, excluding Public Holidays, at the 2 timeslots available (10 am or 1 pm).
5. Vacation Care Packages require a minimum of twenty-five (25) and a maximum of sixty (60) children for all Vacation Care group bookings. In the event that the group number falls below the minimum requirement, charges will apply up to the minimum number of 25 children.

6.  Vacation Care Group Special Payment Terms:

   1. $100 deposit (non-refundable) is required at the time of booking to confirm.
   2. Final numbers are required 1 week prior to the date of the booking.
   3. All payments are non-refundable and non-transferable.

Voucher & Ticket Policy :

Unless otherwise explicitly stated on the voucher or ticket, the following conditions apply to the use and redemption of special offers, coupons, discount vouchers, online tickets, and the like at Wanneroo Botanic Gardens.

• Vouchers and tickets cannot be redeemed after the expiry date. Unused vouchers and tickets cannot be refunded.
• Vouchers and tickets cannot be exchanged for cash or any other goods or services other than what is specified on the voucher/ticket.
• Only one voucher or special offer may be claimed over a single transaction (please note that the Mini Group Pass is considered to be a discount offer; no further discount can be applied to this entry type).
• Discounts are always applied to the full value of any item.
• Where a ‘buy one get one free’ voucher is concerned, the ‘free’ item cannot exceed the value of the ‘paid’ item.
• No discounts can be applied to online tickets other than those automatically applied during promotional periods.
• The Gardens Team reserves the right to exercise discretion over any special offer, coupon, discount voucher, ticket, or the like where the application of that offer is not covered by this voucher and ticket policy.
• Gift Certificates purchased online or in person are non-refundable.

Variation to Experience :

1. Occasionally, Mini Golf tracks at the Gardens may be closed due to the need for sudden maintenance or repairs, emergencies, or other unforeseen circumstances.
2. Wanneroo Botanic Gardens reserves the right to close or limit access to the Gardens where this is reasonably necessary at our sole discretion.
3. You agree and acknowledge that the closure of a certain activity does not present grounds for discount, rescheduled tickets, or a refund to Gift Card for tickets.

Errors :

1. Wanneroo Botanic Gardens takes care to ensure our Tickets are correctly priced and the Website operates without error when you purchase a ticket. However, sometimes errors may occur when purchasing a ticket.
2. We may, at our sole discretion, cancel any ticket purchase affected by an error in the pricing of tickets or on the website.
3. In such circumstances, we will endeavor to contact you to give you the option of purchasing a Ticket once any error has been resolved.

Privacy :

1. We collect personal information during the Ticket purchase process. This information may be used to provide you with news or special offers from Wanneroo Botanic Gardens and associated businesses.
2. Any information collected will be governed by Wanneroo Botanic Gardens’ Privacy Policy.

Conditions of Entry

1. By purchasing one or more Tickets and/or by entering the Gardens, you agree to be bound by the Terms. If you do not agree, you should not purchase one or more Tickets and should not access and/or use the Gardens. (Entry to Leapfrogs is not entry to The Gardens)
2. Ticket Inclusions and Exclusions: The Price paid (inclusive of GST) when purchasing a ticket includes entry to the Gardens and the use of both mini golf courses (Garden Course and Billiard Golf). It strictly excludes food, drinks, merchandise, etc. A sightseeing fee applies to all persons aged 4 or over who are not playing mini golf or dining at Leapfrogs.
3. No Refund Policy : Wanneroo Botanic Gardens implements a strict no-refund policy and does not refund for incorrect purchases or inclement weather under any circumstances. Please refer to Wanneroo Botanic Gardens’ Reschedule Assurance information for ticket holders who purchased this on the Website.
4. Reschedule Assurance : Wanneroo Botanic Gardens’ Reschedule Assurance is subject to the terms and conditions and refund to Gift Card application process contained under point 1.13 of this document.
5. Right to Refuse Entry or Remove Guests : Wanneroo Botanic Gardens reserves the right to refuse entry or remove you from the Gardens for conduct including:
   *Any non-adherence to or breach of the Terms.
   *Failing to follow staff or signage instructions.
   * Anti-social behavior (including unsocial language).
   * Violence.
   * Theft.
   * Vandalism.
   * Intoxication.
   * Use or influence of illicit substances.
   * Bringing alcohol or drugs of any type into the Gardens or attempting to do so.
   * Bringing weapons, glassware, or sharp objects into the Gardens.
   * Inappropriate use of any image or video recording device at the Gardens.
   * Use of any image or video recording device in the bathroom.
   * Inadequate supervision of persons under your care.
   * Queue line jumping.
6. Smoking and Alcohol:
   Wanneroo Botanic Gardens is a smoke-free venue. Smoking, vaping, and the use of e-cigarettes are only permissible in the designated smoking area outside of the park. Leapfrogs, our onsite restaurant, is a licensed venue; BYO alcohol is not permitted. As this is a family-oriented park, please be discreet with your use of alcohol and only drink within licensed areas. No alcohol is permitted in the Gardens; please adhere to signage and instruction.
7. Security and Inspections:
   Wanneroo Botanic Gardens is a privately owned venue; it is not a public garden. To ensure that damage and litter are minimized throughout the property, the owners have determined that any form of picnicking is prohibited. We reserve the right to inspect or search a person and/or their possessions for security purposes at the time of entry into the Gardens and at any time they remain at the Gardens.
8. Animals:
   No animals may be brought onto the Gardens, except for disability assistance animals, which may be permitted entry at the discretion of management.
9. No Sporting Equipment:
   No sporting equipment or other recreational devices may be used in the Gardens where Wanneroo Botanic Gardens, in its sole discretion, believes it will interfere with the reasonable enjoyment of other patrons, threaten the safety of other patrons, or impede or distract team members.
10. Closures:
    The Gardens are closed on Christmas Day and Boxing Day, subject to weather conditions.
11. Liability:
    Wanneroo Botanic Gardens does not accept any responsibility for injury to guests, damage, or loss of property. Failure to observe these conditions may result in refusal of entry or removal from the venue.

Appropriate Dress :

1. Appropriate Attire, including shoes, must be worn at all times.
2. Failure to wear appropriate attire while at the Gardens may result in your removal from the Gardens.
3. You may not wear clothing or otherwise display by other means anything that may, in Wanneroo Botanic Gardens’ sole discretion, contain obscene, foul, profane, offensive, illegal, or otherwise unacceptable language, statements, photographs, images, symbols, or other representations.

Photography and Videos :

1. Photographs and Videos taken by you at the Gardens or of the Gardens may be used solely for personal uses or enjoyment.
2. You agree not to use, reuse, produce, or distribute any photographs or videos taken at the Gardens or of the Gardens for any commercial purposes without the prior written authorization or consent of Wanneroo Botanic Gardens (please refer to our Photography and Video Policy).
3. The use of drones is not permitted in the Gardens.
4. By entering, you agree and acknowledge that Wanneroo Botanic Gardens may photograph and/or record you at any reasonable time for:
   1. Security purposes.
   2. Use in promotional activities.
   3. Any other purpose reasonably necessary to the operation of the Gardens and the provision of services by Wanneroo Botanic Gardens.
5. You agree and acknowledge that your image and likeness may be used for the abovementioned purposes and waive any right to compensation or payment for the use of your image or likeness in these circumstances. Such images and recordings are the sole property of Wanneroo Botanic Gardens.

Supervision and Responsibilities :

1. Prior to entering the Gardens, it’s the responsibility of the Guest to ensure that they are not in breach of operating policy. This can be done by reading signage located at Wanneroo Botanic Gardens or verbally with a team member from the Kiosk who is equipped to provide the correct information.
2. Guests will be responsible for the orderly behavior of their group.
3. You acknowledge that the Gardens is located on land in various stages of development and repair.
4. You must be 14 years and older to enter the Gardens if unaccompanied by an adult. Guests entering the Gardens unsupervised may need to present identification before entry.
5. You must obey all reasonable written and verbal instructions and warnings given by Wanneroo Botanic Gardens and its staff without objection.
6. The Gardens have ponds with depths up to 2.5 meters. As the parent or guardian of a child/children, it is your responsibility to always maintain constant supervision of them.
7. You are responsible for your own property; Wanneroo Botanic Gardens will not take responsibility for damage or loss of personal property.
8. Skateboards, scooters, bikes, hoverboards, and other similar devices are not permitted in the Gardens.
9. Guests are not permitted in the garden beds, rockeries, ponds, or streams and should remain on the paved pathways or lawns at all times.

Risk :

1. Wanneroo Botanic Gardens aims to ensure your safety when using the Gardens or undertaking any other activities. However, Wanneroo Botanic Gardens is not responsible for your safety.
2. By entering the Gardens, you agree and acknowledge that:
   1. You have a duty to act with good judgment and consideration for yourself and others and to refrain from behavior which could affect your safety and the safety of others.
   2. You have a duty to obey all written and particularly oral instructions and warnings given by the owners or team members of the Gardens. Failure to do so may lead to legal action.
   3. The use of the mini golf courses and mini golf clubs and balls are entirely at your own risk.
   4. You have a duty to assist in any investigation of any incident you may have witnessed or in which you had some involvement and to inform an investigation as to any contribution from your own actions.
   5. In the event that you sustain a personal injury or loss or damage to property, you absolve Wanneroo Botanic Gardens, its directors, and team members from any liability whatsoever for any injury or loss whilst at the Gardens.
3. Wanneroo Botanic Gardens, to the fullest extent permitted by the applicable law, grants no warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Gardens.

Intellectual Property :

1. The Gardens contain designs, systems, and activities owned by or licensed to us.
2. You agree that, as between you and us, we own all intellectual property rights in the applicable designs, systems, activities, and attractions at the Gardens. Nothing in the Terms constitutes a transfer of any intellectual property rights.
3. Your use of the Gardens does not grant you a license to or act as a right to use any of the intellectual property, whether registered or unregistered, displayed or present at the Gardens without the express written permission of Wanneroo Botanic Gardens or the relevant owner.
4. You must not breach or infringe any intellectual property rights connected with the Gardens.

Indemnity :

1. You will at all times indemnify and keep indemnified us and our respective officers, employees, and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action, or proceeding by any person against any of Those Indemnified where such loss or liability arose out of or in connection with any breach of the Terms by you.

Disclaimer of Liability :

1. We have no liability to the extent that a failure of goods or services supplied by Wanneroo Botanic Gardens is attributable to any act or omission on your part.
2. The liability of Wanneroo Botanic Gardens for failure to comply with a consumer guarantee is limited to:
   1. In the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply) or the repair of the goods (or the payment of the cost of the repair).
   2. In the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
3. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
4. In all other respects, our total liability for loss or damage of every kind, whether :
   1. arising pursuant to the Terms or
   2. arising in any other way out of or in relation to the supply of goods or services, their sale, delivery, or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods or services.
5. Except in relation to liability for personal injury (including sickness and death) and except as otherwise stipulated in the Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to the Terms.
6. Correspondence, both verbal and written, with Wanneroo Botanic Gardens owners, directors, and staff should at all times be considered Without Prejudice.

Force Majeure :

We have no liability to the extent that our performance of our obligations to you is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission, as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, which is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action, and action or inaction by a government agency.

Severability :

If any part of the Terms is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of the Terms, and the severed part will not affect the validity and enforceability of any remaining provisions.

Disputes :

1. You agree to use your best endeavors to use mediation and negotiation to resolve any dispute arising out of or relating to the Terms prior to resorting to an external dispute resolution process.
2. Please notify us in writing of any dispute you may have. Notifications of disputes may be emailed by you to: info@wanneroobotanicgardens.com.au