Terms of Sale
At SPARK POP, we’re committed to creating memorable family experiences. This terms of sale explains your rights and our obligations for purchases made directly through sparkpop.com.au.
1. Definitions
“SPARK POP,” “we,” “us,” or “our” refers to SPARK POP, Australia’s family experience platform, ABN 22 658 908 626, with registered office registered office at LMC NOOSA PTY LTD 36 MAPLE STREET COOROY QLD 4563.
“Customer,” “you,” or “your” refers to the person making a booking through our platform.
“Experience” means any tour, activity, attraction, event, or service offered through the SPARK POP platform.
“Operator” or “Supplier” refers to the third-party provider who delivers the Experience.
“Booking” means a confirmed reservation for an Experience made through SPARK POP.
“Gift Card” or “E-Gift Card” means prepaid value issued by SPARK POP redeemable towards Experience purchases.
2. ROLE OF SPARK POP
2.1 Agency Relationship
SPARK POP operates as an online marketplace and booking agent connecting customers with Experience Operators. We facilitate bookings but do not provide the Experiences ourselves.
Your contract for the Experience is between you and the Operator.
2.2 Our Responsibilities
We are responsible for:
• Accurately displaying Experience information provided by Operators
• Processing your booking and payment
• Facilitating communication between you and the Operator
• Providing customer service support
• Handling refunds in accordance with these terms and the Operator’s cancellation policy
2.3 Operator Responsibilities
The Operator is responsible for:
• Delivering the Experience as described
• Managing availability and capacity
• Meeting all legal and safety requirements
• Handling on-site customer service
• Providing the actual service or activity.
2.4 What We Don’t Control
SPARK POP is not liable for:
• Acts, errors, omissions, representations, warranties, or negligence of Operators
• Personal injury, death, property damage, or other loss occurring during Experiences
• Quality, safety, or legality of Experiences
• Accuracy of Operator-provided content (descriptions, photos, amenities)
• Operator cancellations, changes, or failures to perform
This limitation applies to the fullest extent permitted by Australian Consumer Law.
3. MAKING A BOOKING
3.1 Booking Process
• Bookings are confirmed only when you receive a confirmation email from SPARK POP
• The confirmation email contains your booking reference, Experience details, and voucher
• It is your responsibility to check all details for accuracy
• You must present the confirmation/voucher to the Operator as specified.
3.2 Pricing
• All prices are displayed in Australian Dollars (AUD) unless otherwise stated
• Prices include GST where applicable
• Prices are subject to change until your booking is confirmed
• **Pricing is pulled in real-time from Operators and may change without notice**
• We are not responsible for price increases between browsing and booking.
3.3 Retail Pricing
IMPORTANT: Experience pricing and availability are updated in real-time from Operators. This
means:
• Prices you see while browsing may change before you complete your booking
• Operators may adjust pricing based on demand, seasonality, or other factors
• The price displayed at checkout is the current price you will pay
• **We cannot honor previous prices if pricing changes before booking completion**
• To secure a specific price, complete your booking immediately.
3.5 Payment
• Full payment is required at time of booking unless otherwise specified
• We accept credit cards, debit cards, and SPARK POP Gift Cards as payment
• Your payment is processed securely through our payment provider
• For bookings made with Gift Cards combined with other payment methods, Gift Card value is applied first.
4. CANCELLATIONS & REFUNDS
4.1 Cancellation Policies
Each Experience has a specific cancellation policy set by the Operator, which may be:
• **Free Cancellation:** Full refund if cancelled by the specified deadline (typically 24-72 hours before)
• **Partial Refund:** Refund minus cancellation fee if cancelled within certain timeframes
• **Non-Refundable:** No refund available for any cancellation
• **Custom Policy:** Variable refund amounts based on timing.
4.2 How to Cancel
To cancel your booking:
1. Log into your SPARK POP account
2. Navigate to “My Bookings”
3. Select the booking you wish to cancel
4. Click “Request Cancellation”
5. Follow the prompts
Alternatively, contact us at hello@sparkpop.com.au
Cancellation requests must be submitted before the deadlines specified in the cancellation
policy.
4.3 Refund Processing
• Refunds are processed to your original payment method
• Gift Card purchases: Refunds issued as SPARK POP Gift Card credit
• Credit/debit card payments: Refunds processed within 5-10 business days
• Your bank may take additional time to credit your account
• SPARK POP processing fees (if applicable) are non-refundable.
4.4 Operator Initiated Cancellations
If an Operator cancels your Experience:
• You will receive a full refund to your original payment method, OR
• You may choose to reschedule to an alternative date (subject to availability), OR
• You may accept a credit voucher/gift card (if offered)
You are not obligated to accept a credit voucher if entitled to a refund under Australian
Consumer Law.
4.5 Force Majeure
In the event of circumstances beyond the Operator’s or SPARK POP’s control (including but not
limited to natural disasters, pandemics, government restrictions, extreme weather, or civil unrest):
• Operators may cancel or modify Experiences
• Refund entitlements will be determined based on the specific circumstances and applicable law
• We will work with you and the Operator to find a reasonable solution.
5. MODIFICATIONS & CHANGES
5.1 Customer-Initiated Changes
• Changes to bookings (dates, times, participant numbers) are subject to Operator availability and
policies
• Contact us to request changes; we cannot guarantee changes will be accommodated
• Change fees may apply
• Price differences may apply if changing to a more expensive option.
5.2 Operator-Initiated Changes
Operators may change:
• Experience start times or meeting locations (reasonable notice provided)
• Routes, itineraries, or inclusions (within reason)
• Minimum or maximum participant requirements
If changes are substantial and you are dissatisfied, you may cancel for a full refund.
6. GIFT CARDS & E-GIFT CARDS
6.1 Purchase & Use
• Gift Cards are sold in denominations from $25 to $500
• Gift Cards are valid for 3 years from date of purchase
• Gift Cards are redeemable on any Experience on the SPARK POP platform
• Multiple Gift Cards can be combined in a single transaction
• Gift Cards can be combined with other payment methods
6.2 Gift Card Terms
• Gift Cards are non-refundable and cannot be exchanged for cash
• Lost or stolen Gift Cards cannot be replaced
• Gift Card balances do not expire within the validity period
• Unused balances remain on the Gift Card for future use
• Check your Gift Card balance at sparkpop.com.au/gift-cards
6.3 Promotional Gift Cards
• Promotional or bonus Gift Cards may have different terms (specified at time of issue)
• Promotional codes and Gift Cards cannot be combined unless explicitly stated
• Promotional value may have shorter expiration periods
6.4 Third-Party Gift Card Purchases (e.g., ShopBack)
When purchasing SPARK POP Gift Cards through third-party platforms:
• **Redemption Timing:** We recommend redeeming Gift Cards immediately after purchase to lock
in current Experience pricing
• **Technical Issues:** If you experience technical difficulties redeeming your Gift Card, contact us
immediately at hello@sparkpop.com.au with your Gift Card details
• **Manual Processing:** Technical issues may require manual processing, which we will complete
as quickly as possible during business hours
• **Pricing Changes:** Experience pricing may change between Gift Card purchase and
redemption. We cannot honor previous pricing if Operator pricing has changed.
• **Third-Party Cashback:** Any cashback, rewards, or discounts offered by third-party platforms
(e.g., ShopBack) are separate from SPARK POP and subject to that platform’s terms.
7. EXPERIENCE REQUIREMENTS & RESTRICTIONS
7.1 Participant Requirements
You are responsible for ensuring all participants:
• Meet age, height, weight, or fitness requirements
• Have necessary skills or abilities (e.g., swimming ability)
• Have required documentation (ID, licenses, permits)
• Comply with Operator safety requirements and instructions
7.2 Health & Safety
• Inform the Operator of any medical conditions, disabilities, or special requirements
• Pregnant women, people with medical conditions, or those under the influence of alcohol/drugs
may be refused participation
• Operators reserve the right to refuse service to anyone for safety reasons
7.3 Conduct
Customers must:
• Arrive on time (late arrival may result in forfeiture without refund)
• Follow Operator instructions and safety guidelines
• Behave respectfully toward staff and other participants
• Not engage in dangerous, illegal, or disruptive behavior
Operators may terminate your participation without refund for violation of these
requirements.
8. AUSTRALIAN CONSUMER LAW RIGHTS
8.1 Consumer Guarantees
Under Australian Consumer Law, you have guaranteed rights that cannot be excluded, including:
• Services must be provided with due care and skill
• Services must be fit for purpose
• Services must be delivered within a reasonable time
• Goods must be of acceptable quality
8.2 Remedies for Major Problems
If there is a major problem with your Experience (e.g., Operator fails to provide the service, service
is substantially different from description, service is unsafe or unfit for purpose):
• You can cancel and receive a refund, OR
• You can accept a replacement service of substantially similar value
8.3 Remedies for Minor Problems
For minor problems, you may be entitled to compensation or a partial refund.
8.4 No Remedy Situations
You are NOT entitled to a remedy if:
• You simply changed your mind
• You booked the wrong date, time, or Experience
• You were informed of the problem before booking
• The problem was caused by your actions or failure to follow instructions
• The problem was outside the Operator’s reasonable control (subject to section 4.5)
8.5 Nothing in These Terms
Nothing in these Terms limits or excludes your rights under Australian Consumer Law.
9. LIABILITY & INDEMNITY
9.1 SPARK POP Liability
Limitations
To the maximum extent permitted by law:
• SPARK POP is not liable for any loss, damage, injury, or death arising from Experiences
• SPARK POP is not liable for Operator acts, omissions, or negligence
• SPARK POP’s total liability for any claim is limited to the amount you paid for the relevant booking
9.2 Your Indemnity
You agree to indemnify SPARK POP against any claims, losses, or expenses arising from:
• Your breach of these Terms
• Your violation of any law
• Your actions during an Experience
• Inaccurate information you provide.
10. PRIVACY & DATA
10.1 Information Collection
We collect personal information necessary to process your booking, including:
• Name, email, phone number, payment details
• Age, special requirements (where relevant)
• Booking history and preferences
10.2 Information Use
We use your information to:
• Process and manage your bookings
• Communicate with you about your bookings
• Share necessary details with Operators
• Send marketing communications (you can opt-out)
• Improve our services
10.3 Information Sharing
We share your information with:
• Operators (to fulfill your booking)
• Payment processors (to process payments)
• Service providers assisting our operations
• As required by law
For full details, see our Privacy Policy at sparkpop.com.au/privacy
11. INTELLECTUAL PROPERTY
All content on the SPARK POP platform (logos, text, images, design) is owned by SPARK POP or
licensed to us. You may not:
• Copy, reproduce, or distribute our content without permission
• Use our trademarks or branding without authorisation
• Frame or link to our website in a misleading way.
12. DISPUTE RESOLUTION
12.1 Contact Us First
If you have a complaint or dispute:
1. Contact us at hello@sparkpop.com.au
2. We will attempt to resolve your issue within 5 business days
3. For complex issues, we may require up to 14 business days
12.2 External Resolution
If we cannot resolve your dispute, you may:
• Contact your state/territory Consumer Affairs office
• Lodge a complaint with the ACCC
• Seek resolution through your state’s Civil and Administrative Tribunal
• Engage legal advice.
13. GENERAL TERMS
13.1 Governing Law
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive
jurisdiction of the courts of Queensland.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions
continue in full effect.
13.3 Entire Agreement
These Terms constitute the entire agreement between you and SPARK POP regarding your use of
our platform and services.
13.4 Amendments
We may update these Terms from time to time. Changes take effect when posted on our website.
Continued use of our platform constitutes acceptance of updated Terms.
13.5 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
13.6 Assignment
You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations to another entity.
14. CONTACT INFORMATION
SPARK POP
PO Box 18, Bulimba QLD 4171
Email: hello@sparkpop.com.au
Website: www.sparkpop.com.au
Customer Service Hours:
Monday – Friday: 9:00 AM – 6:00 PM AEST
Email response time: Within 24-48 business hour.
