Raging Waters Sydney Pty Ltd Website Terms & Conditions of Use

Last Updated: 18 July 2025

1.       Acceptance of Terms of Use

This website, https://www.ragingwaterssydney.com.au (‘Website’) is owned and operated by Raging Waters Sydney Pty Ltd. (“Raging Waters” or “RWS” for the benefit of individuals and entities interested in Raging Waters’ services.

These Terms and Conditions (“Terms of Use”) govern: (I) your access to and use of the online and offline services and offerings (collectively, “Services”) by Raging Waters including our affiliates and subsidiaries of our parent company Parques Reunidos Servicios Centrales, S.A., and (collectively -  “we”, “us”, or “our”) through the Website; (ii) all Services, including any website or mobile application we make available to you including any owned and operated social media accounts of RWS; (iii) the purchase of tickets to theme parks or reservations of lodging at properties owned or operated or managed by RWS (such parks and properties are hereinafter each a “Park”); and (iv) your visit to or use of any services or facilities in the Parks.

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY PRIOR TO USE OF THE SERVICES OR PURCHASING ANY PRODUCTS FROM THE WEBSITE. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS, OBTAIN OF USE INFORMATION, PURCHASE PRODUCTS OR USE THE SERVICES.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms of Use will be deemed an acceptance by that entity or individual, and “you” and  “your” herein shall refer to that entity, its directors, officers, employees, and agents.

Information

All information displayed on the Website is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure accuracy of all information listed. However, RWS is not liable for any errors in pricing and description.  It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before your purchasing any products from this Website, require you to enter into the relevant agreement for the purchase of the products, and execute all other necessary documents

2.       Modifications to these Terms of Use

RWS reserves the right, in its sole discretion, to modify these Terms of Use, and any other documents incorporated by reference herein, at any time and without prior notice. We will notify you of changes to these Terms of Use by posting on our Website, sending you a message, and/or otherwise notifying you. Except as explicitly provided otherwise herein or where additional notice is required by law, modifications shall be effective upon posting. Your continued use of the Services following notification of any changes to these  of Use constitutes your acceptance of those changes.

3.       Additional Policies

Please review our Privacy Policy at the Website, for information and notices concerning our collection and use of your information.

Purchases of tickets, passes, or other products related to the Services are further governed by our Additional Terms Governing Ticket Purchases as set out in clause 11.

4.       Eligibility

Except as set forth below (“Additional Terms Governing Ticket Purchases”), you may use the Services on our Website only if you are 18 years of age or older and can form a binding contract with RWS and then, only in compliance with these Terms of Use and all applicable laws, rules, and regulations. By accessing or using the Services, you represent and warrant that you are 18 years of age or older or otherwise can form a binding contract with RWS. 

If RWS has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

5.       Rules and Prohibitions

Use of the Website and the Services is subject to rules and prohibitions, including the following:

• You may not use the Services to breach any law or to promote any illegal activities, including the breach of any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
• You may not use the Services to threaten, abuse, harass, or invade the privacy of any third party.
• You may not obtain or attempt to obtain unauthorized access to the Services or to RWS’s servers, systems, network, or data; scrape, access in breach of these Terms of Use, monitor, index, mirror, frame, link, copy, or search (or attempt to do so) the Services by any means (automated or non-automated) other than through currently available, published interfaces that are provided by RWS (and only pursuant to these Terms of Use) (crawling the Services is permissible in accordance with these Terms of Use, but scraping the Services without the prior written consent of RWS is expressly prohibited).
• You may not impersonate any person or entity.
• You may not forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
• You may not interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
• You may not make available or distribute viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services, data, or affect other users.
• You may not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein.
• You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
• You may not interfere with or harass any other user from using or enjoying the Services.
• You may not sell, market, distribute, or make commercial use of the Services.
• You may not post on or through the Services any commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services.
• You may not attempt or assist anyone else in breaching these Terms of Use.

RWS reserves the right to investigate, report and/or prosecute breaches of any of the above and/or of this Terms of Use to the fullest extent of the law. RWS may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms of Use.

To report any breaches of these Terms of Use, please email us at support@ragingwaterssydney.com.au - Subject: Report Abuse.

6.       Licenses and Proprietary Rights

Subject to your compliance with these Terms of Use, access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with RWS and the Services. We reserve the right to withdraw or amend the Website and any Good or Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website and the Services.

All right, title, and interest in and to the Website and the Services, are and will remain the exclusive property of RWS and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of RWS and its licensors. The Website and the Services are protected by copyright, trademark, and other laws of Australia, the EU and other foreign countries. You acknowledge that the Website and the Services have been developed, compiled, prepared, revised, selected, and arranged by RWS and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of RWS and such others. Except as explicitly provided herein, nothing in these Terms of Use gives you a right to use any brand name or any of RWS trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

7.         User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content to or through the Website and the Services, including the owned and operated social media accounts of RWS (“User Content”). By making available any User Content on or through the Website or the owned and operated social media accounts of RWS , you hereby grant to RWS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Website and the Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to RWS shall survive termination of the Services or these Terms of Use. RWS does not claim ownership rights in your User Content and nothing in these Terms of Use will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Website and the Services by you. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Website and the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Website and the Services or you have all rights, licenses, consents and releases that are necessary to grant to RWS the rights in such User Content, as contemplated under these Terms of Use; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or RWS 's use of your User Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that RWS may monitor or review User Content, but you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms of Use and that said review by RWS will in no case limit your liability thereof nor will suppose any assumption of liability by RWS on the User Content.

RWS reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in breach of these Terms of Use or otherwise harmful to the Website or the Services or users, or for any other reason, being of your own responsibility all of the foregoing.

8.        Prohibitions

(a) Access to the Website and the Services is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:

    (i) commit or encourage a criminal offence;

    (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

    (iii) hack into any aspect of the Website; corrupt data; cause annoyance to other users;

    (iv) maliciously interrupt the purchase of Goods and Services from the Website;

    (v) infringe upon the rights of any other person's proprietary rights;

    (vi) send any unsolicited advertising or promotional material (spam); or

    (vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

(b) You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, RWS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c) RWS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

9.        Indemnity

You agree to indemnify, defend and hold harmless RWS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website, the Services or your breach of the Terms of Use.

10.       Copyright Infringement Claims – Notice and Procedure

When appropriate, RWS, at its sole and absolute discretion, may need to terminate and/or prohibit access to the Services to those who may be infringing upon the intellectual property rights of ours or others. In the event any person or entity reasonably believes their intellectual property rights are being violated by a user of the Services or that their work is in any way being copied or reproduced without their permission within the Services, then the party whose intellectual property rights are purportedly being violated must provide notice to RWS as described herein. To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

RWS’s copyright agent for notice of claims of copyright infringement can be reached at the following:

Raging Waters Sydney - Copyright Agent
427 Reservoir Road,
Prospect, NSW 2148
support@ragingwaterssydney.com.au

11.            Additional Terms Governing Ticket Purchases & Reservations

a.       Park Tickets

Purchasing Tickets. The Services may enable you to purchase tickets (each a “Ticket”) for entry into or reservations for lodging (“Lodging Reservations”) at Parks. Parks may also have other features or events that require additional payment, such as parking reservations and cabana rentals (each, an “Add-On”). Tickets and Add-Ons are nonrefundable, nontransferable, revocable, and may not be redeemed for cash. Each Ticket admits one person subject to the restrictions listed on the Ticket or presented at the time of purchase (e.g. age limitations for Child Tickets, Senior Tickets or Blackout Dates). Orders for Tickets or Reservations are not accepted until confirmed with a confirmation number. Tickets may not be sold, bartered, or exchanged for goods, services, or benefits. Tickets are only valid for the date(s) specified on the Ticket. You must be at least 18 years of age to purchase Tickets. Lodging Reservations are subject to the cancellation and reservation policies presented at the time of booking.  For use of Services (including Park admission) in Australia, your refund rights are limited to those available under Australian Consumer Law.

In the event that you use a third party payment provider including, but not limited to, AfterPay or Klarna (3rd Party Payment Providers), to purchase Tickets or other products or services from RWS, you acknowledge that:

    (i) those arrangements are between you and the 3rd Party Payment Providers, not RWS, and RWS has no liability to you or the 3rd Party Payment Provider in relation to those arrangements; and 

    (ii) if you default in your payment obligations to the 3rd Party Payment Provider, that any Tickets, products or services that you acquire from RWS using that funding platform may be cancelled by RWS without notice, refund or compensation.

Ticket Cancellations. Tickets are nonrefundable unless cancelled by RWS. RWS shall have the right to cancel any Tickets at any time and for any reason, and provide an applicable refund, except (i) where you default in any obligation you have to a 3rd Party Service Provider (as stated in paragraph above) or (ii) RWS cancels a Ticket due to misconduct or otherwise in accordance with these Terms of Use, where no refund shall be due in none of those two scenarios.

Park Admission. Park reservations are limited, subject to availability, public health orders, closures, restrictions, change, and cancellation at any time. Park admission is not guaranteed. RWS reserves the right to refuse admittance to any person or persons. We reserve the right to require you to provide valid identification to redeem a Ticket. RWS is not responsible for any loss or inconvenience caused by computer or mobile device error, or unauthorized duplication or sale of any Ticket. In the event that duplicate Tickets are presented for admission, RWS reserves the right to refuse entry.

b.       Park Features and Attractions

Offerings Not Guaranteed. Features within our Parks, including restaurants, attractions, entertainment, and services, may be subject to age, height and weight restrictions and may be modified or limited in capacity or availability. We are not responsible for such modifications or limitations, and we do not provide any refunds for such modifications or limitations. 

Use of Your Likeness. Visitors to the Parks may be filmed or photographed.  In addition, you may participate in activities and contests within Parks and provide information such as your name and demographic information.  You consent to being filmed, photographed and/or recorded, with any retouching or alteration without restriction, and hereby grant RWS the unlimited right throughout the world in perpetuity to use your name, residency, voice, photo, likeness and/or other demographic information you provide, free of charge in any manner and for any purpose (including commercial purposes and sublicensing) in any media now known or hereafter developed, and waive my moral rights therein.

Dispute Resolution. All claims related to these Terms of Use shall be subject to the Arbitration section below.

c.       Park Rules

In addition to any posted rules at a specific Park location or the Website (including Park Rules & Guidelines and Safety Guidelines) but not limited to you agree to the following Park rules:

• You shall not bring any firearms, ammunition, knives, firecrackers, marijuana, pepper spray, mace, glass containers, drones, skateboards, scooters, inline skates, roller skates, or any illegal substances into the Park.
• You understand that all persons, bags, parcels, clothing, and other items may be subject to screening/security checks.
• You shall not attempt to sell or display any advertisements to sell any goods or services without RWS ’s prior written consent.
• You shall not attempt to enter into any areas designated only for RWS personnel.
• You shall not engage in any photography, videotaping, or recording of any kind except for your personal, non-commercial use.
• You shall not engage in any unauthorized solicitations, including for commercial, religious, educational, or political activities.
• You shall comply with all health, safety, or other requirements of the Park including those verbally provided by staff.
• You shall not use profanity or offensive language toward RWS personnel or other Park guests.
• You, by your participation, accept the inherent risks of which a prudent person is or should be aware of when using the Services (including when participating in or on amusement rides and other attractions).
• Adults/guardians are responsible for persons under their supervision.
• You must act with good judgment and consideration, both for yourself and others, and refrain from behaviour which could affect your safety, the safety of others or the safety of the amusement ride, attraction or otherwise.
• You must use, as instructed, all safety equipment provided when participating in any amusement ride, attraction or otherwise.
• You are responsible for your own personal property. 

d.       WiFi Access

We may, but have no obligation to, through our providers, offer wireless Internet access to guests at certain Parks. Wireless Internet access is subject to the availability, capacity, and other operational limitations of the requisite network infrastructure and associated facilities. Temporary interruptions may occur, and you agree that RWS shall not be liable for such interruptions. You further acknowledge and agree that RWS has no control, and, therefore, no liability, over third-party applications and websites which you may use or access during your use of wireless Internet access made available to you at a Park, and that delays and disruptions of other network transmissions are beyond our control.

WiFi Internet access is not inherently secure and wireless communications can be intercepted by certain third-party technologies. We will not be liable to you or any other party for any lack of security related to your communications on using our wireless Internet services.

e.       Communicable and/or and Infectious Disease Assumption of Risk and Liability Waiver

By purchasing a Ticket, you understand that any public location where people are present provides an inherent risk of exposure to communicable and/or other infectious diseases, and RWS cannot guarantee that you will not be exposed during your visit.

This Section 9(e) is an acknowledgement and express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting communicable and/or infectious diseases (as defined by the World Health Organization and any strains, variants, or mutations thereof), while visiting a Park. By purchasing a Ticket and entering the Park, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses a Ticket you purchased to enter a Park (including any minor children), both now and in the future, that you understand and expressly assume the risk that during your visit you may be exposed communicable and/or infectious diseases. You expressly understand that these risks include contracting communicable and/or infectious diseases and the associated dangers, medical complications, and physical and mental injuries, both foreseen and unforeseen, that may result from contracting communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, RWS cannot guarantee that you will not be exposed during your visit to a Park, and that as such, potential exposure to communicable and/or infectious diseases are risks inherent in your decision to visit a Park and cannot be eliminated. You further acknowledge and understand that if infected communicable and/or infectious disease, you may infect others you subsequently come in to contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading communicable and/or infectious disease, to others remains even after the you depart a Park. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.

You further agree that We intend this Section 9(e) to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting any Park with respect to any controversy, claim or dispute that may arise out of or during your visit to a Park that is related to exposure to or the contraction of any communicable and/or infectious disease. In addition to the Release below, you agree that:

YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE US AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, DURING YOUR VISIT TO THE PARKS, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY RWS, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE PARKS. YOU FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE PARKS USING TICKET(S) YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO A PARK. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET PURCHASED BY YOU TO ENTER A PARK.

For purposes of this Section 9(e), you and RWS agree that the “Released Parties” shall include (a) RWS, (b) RWS’s parent, subsidiary and affiliated companies; (c) the respective employees, agents, shareholders and officers of the entities described in (a)-(b) above; and (d) the licensees, successors, assigns and heirs of the entities and individuals referred to in (a)-(c) above.

This acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.

12.      Feedback

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback without any restrictions, attribution, or compensation to you; and (iv) irrevocably waive, and cause to be waived, against RWS and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of these Terms of Use or the Services.

13.   Links to Third-Party Sites or Resources

The Website and the Services may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by RWS. RWS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by RWS, and RWS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that these Terms of Use and RWS’s Privacy Policy do not apply to your use of such links. You expressly release RWS from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that RWS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

14.   Warranties, Disclaimers, and Limitation of Liability

Your access to and use of the Website and the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, RWS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Website and/or Services or any content thereon. RWS will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or Services. You also agree that RWS has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any communications maintained by or transmitted through the Website and/or Services. We make no warranty that the Website and/or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from RWS or through the Website and/or Services, will create any warranty not expressly made herein.

The Website and the Services are controlled and operated from RWS’s facilities in Australia. RWS makes no representations that the Website and/or Services are appropriate or available for use in other locations. Those who access or use the Website and/or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and Australian and local laws and regulations, including but not limited to export and import regulations. You may not use the Website and/or Services if you are a resident of a country or are a foreign person or entity blocked or denied by the Australia government. Unless otherwise explicitly stated, all materials found on the Website and/or Services are solely directed to individuals, companies, or other entities located in Australia.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RWS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES, INCLUDING SERVICES AVAILABLE AT ANY OF OUR PARKS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE AND/OR THE SERVICES, INCLUDING AT ANY OF OUR PARKS; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE AND/OR THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RWS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

Nothing in these Terms of Use limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any liability under them), which by law may not be limited or excluded.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.  For major failures with any Service, you may be entitled to cancel any service contract with us; and to a refund for the unused portion, or to compensation for its reduced value in accordance with these Terms of Use.  You may also be entitled to choose a refund or replacement for major failures with goods.  If a failure with the good or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.  If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any used portion.  You may also be entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.  

Where under the Australian Consumer Law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit our liability with respect to them, to the extent permissible by law, we limit our liability for any breach, at our option, to the repair or replacement of the products, or payment of the cost of repairing or replacing the products.

15.   Indemnification and Release

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR BREACH OF THESE TERMS OF USE; (b) ANY OF YOUR USER CONTENT; AND (c) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY LOSS OR DAMAGE WE MAY SUSTAIN AS A RESULT OF ANY BREACH, ACT OR OMISSION, ARAISING DIRECTLY OT INDIRECTLY OF THESE TERMS OF USE OF USE BY YOU OR YOUR REPRESENTATITIVES. 

16.   Alternate Dispute Resolution

The parties shall use their best efforts  to settle any dispute, claim, question, or disagreement and engage in good faith negotiations and mediation which shall be a condition to either party initiating litigation. Failure to engage in this process could result in the award of fees against you in arbitration. 

    a. Dispute

If any dispute arises out of these Terms of Use (the “Dispute”) a party to the Terms of Use must not commence any court or arbitration proceedings unless the parties to the Dispute have complied with the following paragraphs of this clause sixteen (16) except where a party seeks urgent interlocutory relief.

    b. Notice of Dispute

A party to these Terms of Use claiming that a Dispute has arisen out of or in relation to these Terms of Use must give written notice (the “Notice”) to the other party to these Terms of Use specifying the nature of the Dispute.

    c. Alternate Dispute Resolution (ADR)

If the parties do not agree within seven (7) days of the receipt of the Notice (or such further period as agreed in writing by them) as to:

    (i) the dispute resolution technique (e.g. expert determination) and procedures to be adopted;

    (ii) the timetable for all steps in those procedures; and

    (iii) the selection and compensation of the independent person required for such technique,

the parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales, and the President of the Law Society of New South Wales or the President’s nominee will select the mediator and determine the mediator’s remuneration.

    d. Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' commitment to resolve all disputes through ADR, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Subject to the preceding clause, either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction or may be brought in small claims court in your state and county of residence. 

    e. Changes to this Section

RWS will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which RWS does not have actual notice are subject to the revised clause.

17.   SMS Terms

You may be given an opportunity to receive text messages from RWS. We or our service providers send text messages to: (1) provide you with information you requested from RWS; and (2) respond to your inquiries.

E-SIGN Disclosure. By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing RWS  at Privacy@RagingWatersSydney.com.au with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email RWS at Privacy@RagingWatersSydney.com.au  with contact information and the address for delivery.

18. Modification or Discontinuation of Services

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services (or any portion thereof) and/or the information, materials, products and/or services available through the Website and/or the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance.

19. General

Governing Law and Venue. These Terms of Use shall be governed in all respects by the internal substantive laws of New South Wales, Australia. You and RWS agree to submit to the jurisdiction of the courts of New South Wales, Australia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defences otherwise available.

Entire Terms of Use. These Terms of Use, together with the RWS Privacy Policy and any other legal notices, amendments, and additional agreements or policies published by RWS on the Services, shall constitute the entire agreement between you and RWS concerning the Website and the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. In the event of any conflict between these Terms of Use (or any portion thereof) and any agreement between RWS and you signed by you (including, without limitation, a ticket promotion), the terms of the latter agreement shall prevail.

Section Headings and Summaries. The section headings and summaries in these Terms of Use are for convenience only and have no legal or contractual effect.

Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and RWS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Force Majeure. Neither RWS nor you shall be liable to the other for any delay or failure in performance under these Terms of Use arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, pandemics, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Transferability and Assignability. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RWS without restriction. Any attempted transfer or assignment in breach hereof shall be null and void. These Terms of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns.

Notices. We may deliver notice to you by email, posting a notice on the Website, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at the address listed in the paragraph below.

Contact us. If you have any questions regarding these Terms of Use or the Website and/or the Services, please contact us by mail at 427 Reservoir Road, Prospect, NSW, 2147 or by email at support@ragingwaterssydney.com.au.