By purchasing a ticket or product from MoPA (at the venue, online or on the phone) or any authorised sales channel, you acknowledge and agree to comply with these Terms and Conditions.
1. APPLICATION OF THESE TERMS
1.1. In these Terms and Conditions, “MoPA” means the Museum of Play and Art, operated at each of its venues by the entity identified for that venue in Schedule 1.
1.2. Each MoPA venue is operated by a separate legal entity. Your contract is with the entity that operates the venue at which your booking, ticket, membership or product is to be used or redeemed, as set out in Schedule 1. A reference in these Terms and Conditions to MoPA is a reference to that entity.
1.3. Unless expressly stated otherwise, memberships, gift cards and booking credits issued by MoPA are valid at all MoPA venues listed in Schedule 1, regardless of which entity issued them.
1.4. These Terms and Conditions apply to all tickets, bookings, memberships, parties, events, group bookings, gift cards, merchandise and other products supplied by MoPA.
2. BOOKING CHANGES AND CANCELLATIONS
2.1. All bookings, tickets, purchases and products, including parties, events and gift cards, are non-refundable or able to be exchanged, except as required by law and except as provided in clause 5.4.
2.2. All tickets, purchases, products and bookings, including parties and events, are secured only upon full payment being received.
2.3. In any case where a Party or School Excursion is cancelled, all payments that have been made against that booking will be credited towards any future booking/s of your choice however refunds are not provided.
2.4. A credit issued under clause 2.3 may be used at any MoPA venue listed in Schedule 1 and expires three (3) years from the date of issue.
2.5. All purchases are subject to availability and sales may be limited to a specified quantity, in any given time frame, on any given day.
2.6. Tickets are only valid if purchased via the MoPA website (www.museumofplayandart.com.au), physically inside of any of our museums, by calling 1800 00 MoPA (1800 00 66 72), or by direct arrangement with MoPA’s guest services team.
2.7. MoPA has the right to add, withdraw or substitute exhibits, vary advertised programs, vary ticket prices, session times, venue features, seating arrangements or venue capacity without notice.
2.8. If a session or event is cancelled, rescheduled or significantly relocated, MoPA will attempt to notify ticket holders of the cancellation, rescheduling or relocation and provide fair and equitable alternatives to all impacted parties.
2.9. Where a session or event is cancelled, rescheduled or significantly relocated, you may be entitled to a refund. In such event, to the extent permitted by law, MoPA are not liable to refund to you any amount beyond the face value of the ticket plus any transaction fee and MoPA also will not reimburse you for auxiliary expenses (such as the cost of travel, car-parking, child-care and accommodation) or other consequential loss suffered by you in connection with your attendance or non-attendance at a session or event.
2.10. Where MoPA is unable to open a venue or operate a session because of an event outside its reasonable control — including extreme weather, failure of building services, power or water outage, fire, flood, public health direction, industrial action or an act of a public authority — MoPA may close the venue or cancel the session. Where this occurs, MoPA will issue a credit to the value of the affected booking, which may be used at any MoPA venue and expires three (3) years from the date of issue.
3. VOLUNTARY ASSUMPTION OF RISK
3.1. You enter MoPA at your own risk.
3.2. You understand that attendance may carry with it certain dangers, including the risk of injury, injury to those in your care, damage to you, damage to those in your care and damage to your property and the property of those in your care.
3.3. By attending MoPA you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) arising in connection with your attendance, except to the extent that such damage or loss is caused by MoPA’s negligence or arises from a failure to comply with a consumer guarantee under the Australian Consumer Law.
3.4. Warning under the Australian Consumer Law and Fair Trading Act 2012
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
NOTE: The change to your rights, as set out in this warning, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
4. PRICING AND PAYMENT
4.1. Prices quoted are in Australian dollars and include GST. Your ticket is a tax invoice.
4.2. Prices are subject to change without notice.
4.3. A transaction fee may apply to your ticket purchase.
4.4. You warrant that you have the authority to make payment for your ticket and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to purchase the ticket.
4.5. Where a deposit or part payment has been made, the balance remains payable by you in accordance with these Terms and Conditions and any terms notified at the time of booking. MoPA does not automatically debit any outstanding balance.
5. MEMBERSHIP
5.1. MoPA offers Memberships in a number of tiers. The price, term, inclusions and visit entitlements of each Membership tier are those published on the MoPA website for that tier at the time of purchase, and form part of these Terms and Conditions.
5.2. Upon purchasing any Membership, each Member will be emailed a unique membership number.
5.3. Where it is identified that a membership number has been used to gain access to the museum for any person other than the specifically assigned Member, MoPA may suspend the Membership immediately pending investigation. MoPA will notify the Member and provide a reasonable opportunity to explain the use. Where the use is not satisfactorily explained, the Membership will be cancelled by default and no refund will be issued.
5.4. As part of our fraud-prevention and membership verification processes, MoPA collects and stores an identification photograph for each Member. The photograph is taken at the venue on the Member’s first visit using the Membership, and is collected with your express consent, which is sought separately at that time. You will be told when you purchase the Membership that a photograph will be taken on your first visit. If you decline consent, MoPA cannot continue the Membership, because MoPA cannot verify it at entry; in that event MoPA will refund the Membership fee, or credit it against session tickets, as you prefer. You remain able to purchase session tickets, for which no photograph is required. Clause 17 sets out why this photograph is required, how it is handled, and how long it is retained.
5.5. Memberships must be allocated to one individual who can then use that Membership; the name on the Membership can’t be changed during the term of a membership.
5.6. You are responsible for your use of the MoPA website and all transactions conducted using your Membership details.
5.7. The price of a Membership is fixed for the term for which it has been paid. Memberships do not renew automatically. MoPA may change Membership pricing, and any changed price applies only to a Membership purchased or renewed after the change.
5.8. Members are required to use their Membership number to book into a session prior to attending the Museum.
5.9. A Member may attend in accordance with the visit entitlements published for their Membership tier at the time of purchase, and may attend one session only on any given day.
5.10. Memberships are valid at all MoPA venues listed in Schedule 1, unless the published terms of a particular tier state otherwise.
5.11. If you choose to purchase a membership, you must maintain the confidentiality and security of your membership details (including your membership number) and not provide it to any other person.
6. CONDITIONS OF ENTRY
6.1. By attending MoPA, and entering the premise, you agree to MoPA’s conditions of entry.
6.2. Attendance and the right of admission is reserved by MoPA.
6.3. All children must be accompanied by a supervising adult, and remain under the supervision of that adult for the duration of their visit. MoPA does not provide minding or formal care services.
6.4. In the interest of safety for all guests, adults may not attend MoPA without children in their care, or without being in the company of other adults (family or friends, for example) with children in their care.
6.5. In the interest of safety, and with the exception of single large families, one adult cannot attend in a supervisory capacity where that one adult is supervising more than three children — unless arrangements have been made prior with our guest services team.
6.6. Proof of age and identity may be required by MoPA.
6.7. Bags and possessions may be inspected prior to admission.
6.8. You may be refused entry or required to leave MoPA if you do not comply with the Venue’s conditions of entry.
6.9. Session times commence promptly at the advertised time.
6.10. Entry is valid for the booked session only. Re-entry during a session is at MoPA’s discretion and requires the wristband, stamp or other identifier issued to you at entry to be presented.
6.11. Where tickets are lost, stolen, misplaced or destroyed, MoPA may charge an administration fee to issue replacement tickets and may require proof of identity, prior to issuing a replacement ticket.
7. CONDUCT IN THE MUSEUM
7.1. You must comply with all signage displayed at the venue and with the reasonable directions of MoPA team members.
7.2. You must use all exhibits and play equipment as intended and in accordance with any posted instructions, and must not engage in rough play or any behaviour that may endanger yourself or any other person.
7.3. You must not photograph or film any child other than a child in your own care. MoPA may require the deletion of any such image or recording, and may remove from the venue any person who does not comply.
7.4. MoPA may refuse entry to, suspend access for, or remove from the venue any person who does not comply with these Terms and Conditions or the conditions of entry, or whose conduct is reckless, unsafe, or adversely affects the enjoyment or safety of other guests. Where a person is removed under this clause, no refund is payable.
7.5. Smoking and vaping are prohibited within MoPA and its immediate surrounds.
7.6. Animals are not permitted at MoPA, other than accredited assistance animals, which are welcome.
7.7. You are responsible for any loss or damage caused to MoPA property by you or by any person in your care, where that loss or damage is caused wilfully or recklessly. MoPA may recover the reasonable cost of repair or replacement.
7.8. MoPA is not responsible for personal property brought into the venue. Items left behind will be held as lost property for a period of thirty (30) days, after which MoPA may dispose of or donate them.
8. HEALTH, SAFETY AND WELLBEING
8.1. You authorise MoPA to arrange such emergency medical treatment as MoPA reasonably considers necessary for you or for any person in your care, and you agree to meet the reasonable cost of that treatment.
8.2. Guests who are pregnant, wearing a cast or splint, or who have a medical condition that may be aggravated by physical activity should not use climbing structures, slides or other active play equipment. MoPA may refuse access to particular equipment where it reasonably believes that participation poses a risk to that person or to others.
8.3. MoPA may refuse entry to, or require the departure of, any guest who appears unwell or who MoPA reasonably believes may be suffering from an infectious illness. No refund is payable where entry is refused or departure required under this clause.
8.4. MoPA may refuse entry to, or remove from the venue, any person who appears to be under the influence of alcohol or drugs. No refund is payable.
9. FOOD, BEVERAGE AND ALLERGENS
9.1. Outside food and beverages may not be brought into MoPA, other than infant food and formula, and food required for medical or allergy-related reasons.
9.2. One nut-free celebration cake is permitted to be brought into a party room, for consumption by guests of a booked party only. No other party food such as single serve cakes, sandwiches, desserts, catering or alternative celebratory foods may be brought along for a party, or brought into a party room.
9.3. MoPA cafés handle dairy, gluten, eggs and other allergens. The café is also a nut-free café. While care is taken in the preparation of food and beverages, MoPA cannot guarantee that any specific item is free from any particular allergen, and cannot guarantee an allergen-free environment. Guests with allergies or intolerances must make their own assessment as to what is suitable for them and for those in their care. Please never hesitate to contact us to make any required special arrangements for your unique dietary needs.
10. PHOTOGRAPHY, FILMING AND CCTV
10.1. For the security and safety of our guests, team, and premises, CCTV (closed circuit television) is installed and recording at all times.
10.2. MoPA is a shared space. Guests are welcome to photograph and film their own family and the children in their care, and in doing so they may incidentally capture other guests in the background. Guests may also publish those images and recordings, including on social media and other online platforms. MoPA does not control and is not responsible for images or recordings captured or published by other guests. Where a MoPA team member captures a photograph, film or recording during your visit, MoPA will seek your permission before using that photograph, film or recording for marketing purposes, and will not use it for marketing without that permission.
10.3. If you do not wish to be photographed or filmed, or do not wish images of a child in your care to be used, you may tell a MoPA team member at the venue, who will take all reasonable steps to honour that request in relation to content captured by MoPA. That request cannot extend to content captured by other guests, as described in clause 10.2 — as is the case in any public space.
10.4. All images and recordings captured by you, at MoPA, may not be used for any commercial application without a formal written agreement in place.
11. NO SCALPING OR OTHER UNAUTHORISED SALES
11.1. Tickets must not be resold or offered for resale at a premium or packaged, resold or otherwise offered for advertising, promotional or other commercial purposes (including competitions) without MoPA’s prior written consent.
11.2. MoPA does not appoint resellers or distribution partners. A ticket obtained from any source other than those listed in clause 2.6 is not valid for entry.
12. GROUP BOOKINGS
12.1. School, holiday program, and any other group bookings are subject to availability and additional conditions may apply.
13. PARTIES AND EVENTS
13.1. A party booking is secured by payment of a deposit equal to the minimum party spend, being the cost of ten (10) children. The booking is not held until that deposit is received.
13.2. The minimum spend of ten (10) children applies to every party booking regardless of the number of children who attend on the day.
13.3. Charges for any additional guests, food, beverages, add-ons or other extras are calculated and payable on the day of the party, immediately following its conclusion.
13.4. Where a party is cancelled, clause 2.3 applies: all payments made against the booking, including the deposit, are credited toward a future booking and are not refunded. Credits expire three (3) years from the date of issue.
14. MERCHANDISE
14.1. Merchandise will not be refunded or exchanged, unless required by law.
15. GIFT CARDS AND CREDITS
15.1. Gift cards may be redeemed at any MoPA venue listed in Schedule 1, in person or, where MoPA’s booking system permits, online.
15.2. Gift cards expire three (3) years from the date of issue.
15.3. Gift cards and credits are not redeemable for cash and are not refundable, except as required by law.
15.4. MoPA is not responsible for gift cards that are lost or stolen. MoPA may, at its discretion, replace a gift card where the purchaser can provide proof of purchase and the card has not been redeemed.
16. PROMOTIONS AND COMPETITIONS
16.1. If you received your ticket as a prize, gift, donation or otherwise for no cost, these Terms and Conditions, and the terms and conditions of the relevant promotion or competition (Competition Terms), apply to your use of the ticket.
17. PRIVACY AND PERSONAL INFORMATION
17.1. MoPA collects, holds and uses personal information in accordance with the Privacy Act 1988 (Cth) and MoPA’s Privacy Policy, available on the MoPA website.
17.2. Memberships must be linked to, and used by, individual Members only; they are not transferable, nor can they be shared. Verification at the point of entry is necessary to protect the integrity of the membership product and its value. Holding a photograph for each membership record is the least intrusive practical means available to MoPA of verifying, at the point of entry, that the person presenting a Membership is the Member to whom it was issued. No alternative verification method offers equivalent assurance at the point of entry without collecting significantly more intrusive personal data. The collection of this photograph is therefore necessary for MoPA’s operation of its membership products. MoPA’s processes are consistent with best practice, and are consistent with Australian Privacy Principle 3 (APP 3: Collection of solicited personal information).
17.3. The identification photograph collected under clause 5.4 is used solely for membership verification and fraud prevention. Verification is carried out by a MoPA team member comparing the photograph with the person presenting the Membership; MoPA does not use facial recognition or any other automated biometric matching. The photograph is not used for marketing purposes, and is not disclosed to any third party except where required or authorised by law. It is retained for the term of the Membership and for a period of thirty (90) days following its expiry or cancellation to allow for administrative processing, or reusing in the instance where a membership is renewed, after which time it is deleted.
17.4. CCTV footage is collected for the security and safety of guests, team members and the premises. It is accessed only by authorised MoPA personnel for security, safety and incident-investigation purposes, is otherwise disclosed only where required by law, and is retained in accordance with MoPA’s Privacy Policy.
18. INTELLECTUAL PROPERTY
18.1. All intellectual property in the MoPA name, logo, branding, website content, exhibit design and marketing materials is owned by or licensed to MoPA and may not be reproduced, distributed or used for any commercial purpose without MoPA’s prior written consent.
19. LIMITATION OF LIABILITY
19.1. To the extent permitted by law, MoPA is not liable to you, or those in your care, for any loss, damage, injury, delays, additional expenses or inconvenience arising as a result of your attendance or non-attendance at the session or event.
19.2. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law which cannot lawfully be excluded, restricted or modified.
20. COMPLAINTS AND DISPUTE RESOLUTION
20.1. If you have a complaint, please raise it with a MoPA team member at the venue, or contact MoPA’s guest services team via the MoPA website or on 1800 00 MoPA (1800 00 66 72) or via email to bookings@museumofplayandart.com.au.
20.2. MoPA will acknowledge your complaint and work with you in good faith to resolve it. Nothing in this clause limits your right to seek assistance from Consumer Affairs Victoria or from the consumer protection agency in your State or Territory.
21. GENERAL
21.1. These Terms and Conditions may be varied at any time. Any variations become effective on the day immediately after their publication on the MoPA website and apply to any purchases made after that date.
21.2. If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be disregarded to the extent of its invalidity and the remainder of these Terms and Conditions will remain in full force and effect.
21.3. These Terms and Conditions are governed by the laws of Victoria, Australia. Where services are supplied at a venue located outside Victoria, these Terms and Conditions are governed by the law of the State or Territory in which that venue is located.
21.4. Promotional activity through other and all advertising channels are subject to these terms and conditions.
SCHEDULE 1 — MoPA VENUES AND OPERATING ENTITIES
Each MoPA venue is operated by the entity listed below. Each entity trades as “Museum of Play and Art”.
MoPA Geelong — Production Ventures Pty Ltd, ABN 89 633 353 367
51 McKillop Street, Geelong VIC 3220
MoPA Sandringham — Museum of Play and Art Melbourne Pty Ltd, ABN 29 650 800 892
247 Bay Road, Sandringham VIC 3191
MoPA Thomastown — MoPA Melbourne Pty Ltd, ABN 29 665 871 849
11/391 Settlement Road, Thomastown VIC 3074
MoPA Nunawading — MoPA East Melbourne Pty Ltd, ABN 80 676 144 844
372 Whitehorse Road, Nunawading VIC 3131
MoPA Adelaide — MoPA SA Pty Ltd, ABN 84 676 144 862
Butler Boulevard, Adelaide Airport SA 5950
MoPA Members receive DOUBLE DISCOUNTS all September long.
That’s 20% off all birthday bookings and 20% off the entire Museum Shop.
Simply join up as a member, then use your member ID at the checkout to receive the DOUBLE DISCOUNT!