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Terms of Service

The rules and conditions for using our services

Last Updated: August 15, 2023

Welcome to Aussie Adventures. These Terms of Service ("Terms") govern your use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

Please read these Terms carefully before using our Services. If you have any questions or concerns about our Terms, please contact us at [email protected].

1. Acceptance of Terms

By accessing our website or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also acknowledge that you agree to our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms.

If you are accessing or using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use our Services.

2. Services Description

Aussie Adventures is a travel agency that offers tour planning, booking services, and travel information for destinations in Australia. Our Services include:

  • Planning and booking tours, accommodations, transportation, and activities
  • Providing travel advice and information
  • Processing payments for travel bookings
  • Sending travel documentation and updates
  • Offering customer support before, during, and after travel

The specific details, limitations, and conditions of each tour or service will be provided at the time of booking.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials or comply with these security obligations.

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Booking and Payment Terms

4.1 Booking Process

By making a booking through our Services, you agree to the specific terms and conditions for that booking, which will be provided during the booking process. You represent that you have the legal authority to make the booking.

4.2 Payment

Payment terms will vary depending on the specific tour or service. Generally, a deposit is required to confirm a booking, with the balance due at a specified date before departure. All prices are in Australian Dollars (AUD) unless otherwise specified.

4.3 Fees and Taxes

Prices for our Services may not include applicable fees, taxes, or charges imposed by government authorities or other third parties. You are responsible for paying all such fees, taxes, and charges.

4.4 Payment Security

We use industry-standard security measures to protect your payment information. However, we cannot guarantee the security of information transmitted through the internet, and you assume the risk of such transmissions.

5. Cancellation and Refund Policy

5.1 Cancellation by You

If you need to cancel a booking, the following cancellation policy generally applies:

  • Cancellations made 60+ days before departure: Full refund minus administration fee
  • Cancellations made 30-59 days before departure: 50% refund
  • Cancellations made less than 30 days before departure: No refund

Specific tours or services may have different cancellation policies, which will be disclosed at the time of booking.

5.2 Cancellation by Aussie Adventures

We reserve the right to cancel a tour or service for any reason, including insufficient participants or force majeure events. In such cases, we will offer you a full refund or credit toward a future booking, but we are not responsible for any additional expenses you may have incurred in preparation for the tour.

5.3 Changes to Bookings

Requests to change a booking (e.g., dates, accommodation, participants) are subject to availability and may incur additional fees. Some changes may be treated as a cancellation and rebooking, subject to our cancellation policy.

5.4 Travel Insurance

We strongly recommend purchasing comprehensive travel insurance to protect against unforeseen circumstances. Travel insurance is not included in our tour prices unless specifically stated.

6. User Responsibilities and Conduct

6.1 General Conduct

When using our Services, you agree to:

  • Comply with all applicable laws and regulations
  • Respect the rights and dignity of others
  • Provide accurate and complete information
  • Use our Services only for lawful and legitimate purposes

6.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any laws, regulations, or third-party rights
  • Interfering with or disrupting our Services or servers
  • Attempting to gain unauthorized access to our systems or user accounts
  • Using our Services for fraudulent or deceptive purposes
  • Submitting false or misleading information
  • Copying, modifying, or distributing content from our Services without permission
  • Harassing, threatening, or intimidating others
  • Using our Services to send spam or unsolicited communications

6.3 Travel Responsibilities

When participating in our tours, you are responsible for:

  • Obtaining and maintaining all necessary travel documents (e.g., passport, visa)
  • Complying with health requirements and recommendations
  • Respecting local customs, laws, and regulations
  • Following the guidance and instructions of tour guides and staff
  • Behaving in a manner that does not disrupt the tour or negatively impact other participants

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Aussie Adventures or our content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:

  • Copy, modify, or create derivative works based on our Services or content
  • Use any data mining, robots, or similar data gathering methods
  • Download or copy account information for the benefit of another party
  • Use our trademarks, logos, or other proprietary information without our express written consent

7.3 User Content

If you submit content to our Services (e.g., reviews, comments, testimonials), you grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, and distribute such content in connection with our business operations.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE THROUGH OUR SERVICES.

8.2 Third-Party Services

Our Services may include links to third-party websites or services that are not owned or controlled by Aussie Adventures. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party service.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUSSIE ADVENTURES, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
  • ANY CONTENT OBTAINED FROM OUR SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO AUSSIE ADVENTURES FOR THE SPECIFIC SERVICE FROM WHICH THE CLAIM AROSE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Aussie Adventures, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of our Services
  • Your violation of any rights of a third party
  • Your conduct while participating in our tours

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time, at our sole discretion. The most current version of the Terms will be posted on our website with the "Last Updated" date. If we make material changes to these Terms, we will notify you by email or by prominently posting a notice on our website.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modifications, you must stop using our Services.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall first be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation in Sydney, New South Wales. If mediation is unsuccessful, the dispute shall be resolved through arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration.

12. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or terms and conditions published by us on our website, constitute the entire agreement between you and Aussie Adventures concerning our Services.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Aussie Adventures
123 Explorer Street
Sydney, NSW 2000
Australia

Email: [email protected]
Phone: +61 2 8765 4321
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