Standard Hiking Terms
These terms are the terms under which HIKING HABIT PTY LTD ACN 624 977 075 (Hiking Habit) provides the Activities (defined in clause 1.1(a)) to you (you, Customer).
1. THESE TERMS
1.1 OFFER TO PURCHASE, BINDING CONTRACT
(a)By submitting an order for purchase of guided hikes, travel to and from guided hikes and related activities (together, the Activities) using the Website’s functionality (Purchase Order) you represent and confirm that you:
(i)have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii)are authorised to use the debit or credit card included in your order.
(b)Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Activities you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(c)Hiking Habit has a minimum number of participants required for each Activity. After you submit a Purchase Order and your payment is approved, our email to you in accordance with clause 1.1(b) will specify whether that minimum has been reached for each Activity in your Purchase Order. If the minimum number of participants has not been reached for an Activity in your Purchase Order, then Hiking Habit does not guarantee the supply of the Activity until the minimum number is reached, and your booking will only constitute a tentative booking. Hiking Habit will notify you via email when the minimum number of participants is reached. If the minimum number of participants is not reached by the date one day before the start date of the Activity, then Hiking Habit will notify you and issue you with a refund for the amount paid in respect of that Activity. Please do not book any flights, accommodation or any other ancillary services until a tentative booking has been confirmed by Hiking Habit.
(d)These terms will apply to all the Customer’s dealings with Hiking Habit, from the date the Activities start being provided, including by being incorporated in all agreements, quotations, invoices or orders under which Hiking Habit is to provide services to the Customer, together with any additional terms (provided such additional terms are agreed in writing).
(e)The Customer will be taken to have accepted these terms if the Customer accepts a quotation or invoice, or if the Customer orders, accepts or pays for any services provided by Hiking Habit after receiving or becoming aware of these terms.
(f)In the event of any inconsistency between these terms and any additional terms recorded in writing, the clauses of these terms will prevail to the extent of such inconsistency.
(a)Subject to clause 1 and the Customer fulfilling its payment obligations, Hiking Habit will provide the Customer with the Activities specified in the relevant Purchase Order.
(b)Unless otherwise agreed in writing, Hiking Habit may, in its discretion, withhold any Activities until the Customer has paid amounts due and payable to Hiking Habit in respect of such Activities.
The Customer must pay fees to Hiking Habit in respect of the Activities (Fees), in the amounts and at the times set out on the Website, in any quote provided by Hiking Habit or any invoice issued to the Customer, or as otherwise agreed in writing.
Unless otherwise agreed in writing:
(a)if Hiking Habit issues an invoice to the Customer, payment must be made by the time(s) specified on such invoice;
(b)in all other circumstances, the Customer must pay for Activities and any other services up front using the functionality of the Website; and
(c)you must not set off any money alleged to be owing by Hiking Habit against money due by you to Hiking Habit.
3.3 LATE PAYMENT
If the Customer does not pay Hiking Habit the amount due and payable under an invoice on or before its due date, without limiting any of Hiking Habit’s other rights under these terms, the Customer must pay Hiking Habit interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Hiking Habit.
3.4 PAYMENT METHOD
The Customer must pay Fees using the payment method specified on the Website or in an invoice issued by Hiking Habit.
(a)Unless otherwise indicated, amounts stated on the Website or in an invoice provided by Hiking Habit do not include GST.
(b)In relation to any GST payable for a taxable supply by Hiking Habit, the Customer must pay the GST, subject to Hiking Habit providing a tax invoice.
3.6 CARD SURCHARGES
Hiking Habit reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
Hiking Habit generally does not offer refunds for any of its Activities and any refunds issued will be solely at Hiking Habit’s discretion.
3.8 ONLINE PAYMENT PARTNER
(b)You agree to release Hiking Habit and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
3.9 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment
3.10 CANCELLATION POLICY
To the maximum extent permitted by applicable law, if Hiking Habit has accepted a Purchase Order in respect of an Activity, the Customer has paid Fees to Hiking Habit for that Activity and the Customer subsequently seeks to cancel the Activity, then the Fees will be dealt with as follows:
(a)if the Customer notifies Hiking Habit of the cancellation before the date and time 2 days (48 hours) before the start time of the Activity, Hiking Habit will provide the Customer with a full refund; and
(b)if the Customer notifies Hiking Habit of the cancellation after the date and time 2 days (48 hours) before the start time of the Activity, Hiking Habit will retain the Fees for that Activity and the Customer will not be provided with a refund.
4. CUSTOMER OBLIGATIONS
(a)The Customer must:
(i)undertake all Activities in accordance with all oral and written instructions given to them by Hiking Habit or its personnel;
(ii)on the start date of an Activity, arrive promptly at the pick-up point, and on or before the pick-up time, notified to the Customer by Hiking Habit;
(iii)provide Hiking Habit with all documentation, information and assistance reasonably required for Hiking Habit to provide the Activities;
(iv)comply with any safety guidelines and rules that Hiking Habit’s personnel provide to them;
(v)stop participating in any Activities, and alert Hiking Habit or its personnel, if they have any concerns about their health or safety; and
(vi)be responsible for their own safety and that of any person under the age of 18 years for whom they have signed responsibility.
(b)The Customer agrees to communicate with Hiking Habit as it reasonably requests for the purpose of enabling Hiking Habit to provide the Activities.
(c)If there are any individuals under the age of 18 named at the bottom of these terms, the Customer must ensure that those individuals comply with these terms, and the Customer agrees to all the warranties, disclaimers, indemnities, obligations and all other terms in respect of those individuals.
(d)If the Customer fails to arrive at the designated pick-up point on or before the notified time in accordance with clause 4(a)(ii), the Customer may conduct the Activity without the Customer and the Customer will not be entitled to a refund for the Activity.
5. THIRD PARTY TERMS
(a)Any Activities that require Hiking Habit to acquire goods or services supplied by a third party on behalf of the Customer may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b)The Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer acquires as part of the Activities and Hiking Habit will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
(a)The Customer must pay additional charges for changes to Activities requested by the Customer which are outside the scope of the Activities specified in a Purchase Order (Changes).
(b)Generally, where Changes are required, Hiking Habit will provide a fixed-fee quote for the additional Activities in advance of them being provided.
(c)Hiking Habit may at its discretion extend or modify any Activities as may be reasonably required by any Changes.
Hiking Habit may subcontract any aspect of providing the Activities and the Customer hereby consents to such subcontracting.
The Customer warrants that they:
(a)are over 18 years of age;
(b)are not pregnant;
(c)do not have a medical condition which might have the effect of making it more likely that they will be involved in an accident; and
(d)are not, and will not be during the Activities, under the influence of alcohol, illegal drugs or illicit substances.
(a)Participating in the Activities involves the potential for injury and the Customer is voluntarily participating in the Activities with knowledge of the dangers involved. The Customer agrees to accept any and all risks of loss, injury, damage or death.
(b)To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these terms are excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Hiking Habit’s liability for breach of that non-excludable condition, warranty or guarantee will, at Hiking Habit’s option, be limited to:
(i)in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
10. LIMITATION OF LIABILITY
Hiking Habit’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with these terms or the Activities:
(a)is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and
(b)is limited, insofar as it concerns other liability, to the total money paid to Hiking Habit by the Customer for the Activities.
11. RELEASE AND INDEMNITY
(a)In the event of an accident or any loss, damage, injury or death arising in connection with an Activity the Customer is involved in, the Customer:
(i)releases Hiking Habit from and waives any and all claims or liabilities of any nature they may have against Hiking Habit arising from such an event; and
(ii)agrees to indemnify, defend and hold harmless Hiking Habit and any of its personnel or agents against any and all claims made by any third party arising from such an event, where the circumstances giving rise to such claim were caused or contributed to by the Customer.
(b)The Customer indemnifies Hiking Habit from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(i)any breach of these terms by the Customer; or
(ii)any negligent, fraudulent or criminal act or omission of the Customer or its personnel.
12. DISPUTE RESOLUTION
(a)The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these terms or the Activities prior to commencing any proceedings.
(b)If the parties have complied with clause 14(a) and have failed to resolve a dispute after 30 days, the parties shall endeavour to settle any dispute arising out of or relating to these terms, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.
(c)The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines).
(d)The terms of the Guidelines are hereby deemed incorporated into these terms.
13. FORCE MAJUERE
Hiking Habit will not be liable for any delay in performing its obligations or for a failure to perform its obligations under these terms if the delay or failure resulted from unforeseeable circumstances beyond its reasonable control including where third parties’ goods or services are used in performing the Activities and they fail to deliver or are subject to delays, errors or system updates, and including any weather event, predicted weather event other unforeseeable event which would, in the opinion of Hiking Habit, make any of the Activities dangerous or undesirable.
14.1 GOVERNING LAW
These terms are governed by the law applying in Victoria, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
These terms may only be amended by a document signed by each party.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
14.5 ENTIRE AGREEMENT
These terms, together with the terms specified in any quote for the Activities provided by Hiking Habit, embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the Activities.
The Company is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, the Company will only collect and use personal information as set out below.
Collecting personal information
The Company will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what has been provided voluntarily.
The Company uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer's hard disk for record keeping purposes.
Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user's browser.
Disclosing personal information
Personal Information will be primarily used for the following purposes:
a. To fulfill obligations under any contract between the individual and the Company.
b. To render services related to Company’s business such as warranty or after sales services.
The Company may contact individuals using the information, which was provided by them in order to:
a. Provide information that may be of interest about new Company products and offers.
b. To send newsletters and other such material.
Right of access
Individuals have the right to review the information that may be recorded on the Company’s database. Information may be reviewed by contacting the Company directly at firstname.lastname@example.org.
Links to other web sites
The Company provides links to web sites outside of the Company site. These linked sites are not under the control of Company, and the Company is not responsible for the conduct of companies linked to the Company web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
From time to time the Company may change its privacy policies. Accordingly, the Company recommend that you check this page periodically in order to review our current policies.
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