Conditions of Entry
Tropical Fruit World Pty Ltd
By accessing Tropical Fruit World (TFW) ("Premises"), you agree to the following terms and conditions:
1. Assumption of Risk: Entry to and use of the facilities on the Premises are entirely at the Patron's risk. To the extent permitted by law, the Patron releases and indemnifies TFW from any claim or liability for damage, injury, or death arising from entry to or use of the Premises, regardless of how it is sustained or caused, including negligence, default, or breach of contract by TFW.
2. Ticket Refunds: If a patron has pre-purchased a ticket through a third party supplier (experience Oz, Viator etc) without being aware of these Conditions of Entry and does not wish to comply with them, the patron will receive a refund of the entry fee, through the third party supplier.
3. Guardianship and Minors: The Patron represents that they are the parent or authorized guardian of accompanying minors and agrees to these terms on behalf of both themselves and the accompanying minors.
4. Compliance: The Patron, along with accompanying persons and minors, will comply with TFW staff instructions and all signs on the Premises. This includes not entering fenced-off areas, damaging plants, causing nuisance, littering, or disposing of rubbish improperly.
5. Photography Consent: TFW reserves the right to photograph guests for security or promotional purposes without compensation, and the Patron agrees to the use of their image and likeness for these purposes.
6. Acknowledgments: The Patron acknowledges:
(a) the Premises are private property and TFW reserves the right to refuse or cancel admission to any party.
(b) TFW reserves the right to inspect patron’s bags at any time for security purposes
(c)The Premises includes an operating farm with animals and the use of agricultural equipment.
(d) Some parts of the Premises may be temporarily unavailable for maintenance or safety reasons, and advertised features or rides may not operate on the day of the visit. Refunds will be issued in case of Premises closure during advertised opening hours when the Patron sought entry.
(e) Food and fruit consumption on the Premises is at the Patron's risk, and TFW recommends caution in cases of allergies or uncertainties. (d) TFW reserves the right to refuse or cancel admission.
(f) They release and indemnify TFW of any liability associated to all goods sold and services provided by third party farmers market stall holders of Duranbah Road Farmers Market, run at TFW.
7. Definitions: (a) "TFW" includes its successors, assigns, directors, employees, agents, and contractors. (b) Each exclusion of TFW's liability is subject to applicable laws, including the Competition & Consumer Act 2010. Where inconsistencies exist with such legislation:
1) These conditions will be read down to the extent of that inconsistency,or served from these conditions; and
2) Where an implied warranty or condition cannot be excluded underthe legislation, but limitation is permitted, TFW’s liability is limited to:
i) In relation to goods – a refund of the purchase price actually paid, the replacement of the damaged product, or the supply of equivalent product, at our absolute discretion; or
ii) In the case of services – the supply of these services again, or the payment of the cost of having the service supplied again.
These terms aim to clarify the conditions of entry and ensure safety and satisfaction for all patrons at Tropical Fruit World.