Terms & Conditions

GuideBuddies Pty Ltd ACN 606 887 914

Website terms and conditions – Travelers

GuideBuddies

See. Do. Create.

info@guidebuddies.com

www.guidebuddies.com

These terms and conditions are the contract between you (“Traveler”) and GuideBuddies Pty Ltd ACN 606 887 914 (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

We are GuideBudddies, a company registered in Australia, with Australian Company Number 606 887 914. Our address is 345 Ann Street, Brisbane, Queensland, Australia, 4000.

You are: Anyone who uses Our Website or makes a Booking through Our Website.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy Services on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

These are the agreed terms.

1.Definitions

“Booking”

means the booking of a Tour along with any other

 

services or items offered by a Tour Guide.

“Content”

means the textual, visual or aural content that is

 

encountered as part of your experience on Our Website.

 

It may include, among other things: text, images, sounds,

 

videos and animations. It includes content Posted by you.

“Tour”

means a Tour, experience, arrangement or an activity

 

planned by the Guide or the Guide and you. Among other

 

things, it may be designed for pleasure, education, sport

 

or business team building or reward.

“Our Website”

means any website or service designed for electronic

 

access by mobile or fixed devices which is owned or

 

operated by us or any member of the GuideBuddies

 

group of companies. It includes all web pages controlled

 

by us.

"Post"

means place on or into Our Website any Content or

 

material of any sort by any means.

“Guide”

means a person, firm or organisation who offers a

 

Booking on Our Website and makes arrangements for a

 

Tour.

“Services”means a service available from Our Website, whether free or charged. It does not include the services (if any) offered by a Tour Guide in relation to a Tour.

“Traveler”Means a person who accesses Our Website whether or not they enter into negotiation with a Guide, or make a Booking.

2.Interpretation

In this agreement unless the context otherwise requires:

2.1.this contract is not related or dependent on the contract you might make with any Guide. The contract between you and us is limited to our introduction of you to the Guide.

2.2.a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3.a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

2.4.the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

2.5.any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.6.these terms and conditions apply to all Bookings through Our Website. They prevail over any terms proposed by you.

2.7.this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.Our Contract

3.1.We do not offer Services in all countries. We may refuse your access to our Service if you live in a country we do not serve.

3.2.In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

3.3.Our contract with you is limited to our providing a market place for the Tours listed. When you make a Booking through Our Website, you buy from the person who owns and operates that Tour.

3.4.We act as agents of the Guide ONLY to the extent of use of Our Website as a platform to allow you to negotiate a Tour with a Guide and to allow you to make Bookings and for collection and forwarding of your money.

3.5.When you make a Booking, you do so subject to the terms and conditions which form your contract with the Guide.

3.6.We welcome your queries, comment or complaint regarding your experience, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the users of Our Website.

3.7.We are not responsible to you further than to take your money and pass it to the Guide, less the fees and taxes.

3.8.We have a Dispute policy and procedure. IF you have a dispute with a Guide or with us, you must notify us of the facts of the dispute promptly. We will assess the facts, and at our discretion, either refund you the money you have paid, less fees and taxes, or make another arrangement with you.

3.9.Tour descriptions, format and timings given on Our Website are only intended to present a general idea of the Tour, and shall not be considered binding. In particular, photographs are for illustrative purposes only and do not form part of any contract between us.

3.10.If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

3.11.We may change this agreement and / or the way we provide the Services, at any time. If we do:

3.11.1The change will take effect when we post it on Our Website.

3.11.2You agree to be bound by any changes.

4.Your account and personal information

4.1.When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

4.2.You agree that you have provided accurate, up to date, and complete information about you. We are not responsible for any error made as a result of such information being inaccurate.

4.3.You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your use of Our Website.

5.The Booking procedure

5.1.Unless it is clear to the contrary, you may assume that every Booking is received by a Guide in the course of their business.

5.2.Prices listed on Our Website by Guides or negotiated between you and a Guide are subject to the addition of 11% to cover fees and GST.

5.3.You may place a Booking either by:

5.3.1giving your credit or debit card details at the time of making a Booking by telephone; or

5.3.2Paypal.

5.4.If you give us your credit or debit card details we do not process your payment until your completion of the Tour. The card you use must have an expiry date that is valid until after the date of your completing the Tour.

5.5.You cannot transfer or resell your Booking (in whole or in part). If you transfer or resell (or attempt to transfer or resell) then GuideBuddies and the Guide will terminate your booking and retain any money paid for such Booking.

5.6.Tours may be offered for Booking subject to any discount or promotion or gift vouchers or additional activities arranged between GuideBuddies and the Guide.

5.7.Subject to discounts and promotions, Bookings are made at a fixed price applicable to that Tour. GST and fees of 11% may be due and will be either included in the price or shown separately.

5.8.Confirmation of Bookings will be by email to your last known email address.

5.9.Neither we nor the Guide can be responsible for action by any governmental authority.

5.10.You are required to pay in the currency in which the Tour is listed for Booking on Our Website.

5.11.Every Booking will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

6.Security of your credit card

We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

7.Change or postponement of a Tour

7.1.If a Tour is rescheduled, cancelled or postponed, the Guide will give you the option to either replace with a Booking for a new date or location, or alternatively claiming a refund, less Our fee and taxes.

7.2.If any significant change is made to any arrangement, and you do not wish to accept the change, Our Guides will refund your money, less Our fee and taxes.

7.3.In any case, GuideBuddies cannot be held responsible for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.

8.Bookings: cancellation and refunds

8.1.You may cancel a Booking at any time before 15 days of a Tour date commencement.

8.2.If you cancel within the period specified above, we will refund any payment you may have made for the period cancelled, less Our fee and taxes. If you cancel later, you are not entitled to any refund of money paid.

8.3.The confirmation of cancellation that we send to you is your proof of cancellation and should be retained by you.

9.How we handle your Content

9.1.Our privacy policy is strong and precise. It complies fully with current law.

9.2.If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

9.3.Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

9.4.We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.

9.5.We will use that licence only for commercial purposes with reference to Our Website and will stop using it after a commercially reasonable period of time.

9.6.You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

9.7.You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

9.8.Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

9.9.You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law,

which may occur as a result of any Content having been Posted by you.

9.10.You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

9.11.Please notify us of any security breach or unauthorised use of your content.

9.12.We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 10.4 above.

10.Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

10.1.be unlawful, or tend to incite another person to commit a crime;

10.2.consist in commercial audio, video or music files;

10.3.be obscene, offensive, threatening, violent, malicious or defamatory;

10.4.be sexually explicit or pornographic;

10.5.be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

10.6.use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

10.7.request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself;

10.8.link to any of the material specified in this paragraph;

10.9.send age-inappropriate communications or Content to anyone under the age of 18.

11.Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

11.1.hyperlinks, other than those specifically authorised by us.

11.2.keywords or words repeated, which are irrelevant to the Content Posted.

11.3.the name, logo or trademark of any organisation other than yours.

11.4.inaccurate, false, or misleading information.

12.Removal of offensive Content

12.1.For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

12.2.We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police internet-related activities. However, we may do so without notice to you and without giving you a reason.

12.3.If you are offended by any Content, the following procedure applies:

12.3.1your claim or complaint must be submitted to us in writing stating the relevant facts;

12.3.2after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

12.3.3if we decide to do so, we shall remove the offending Content as soon as we are reasonably able;

12.3.4we may re-instate the Content about which you have complained or we may not.

12.4.In respect of any complaint made by you or any person on your behalf, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

12.5.You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

13.Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

13.1.modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

13.2.link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

13.3.download any part of Our Website, without our express written consent;

13.4.collect or use any product listings, descriptions, or prices;

13.5.collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

13.6.aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

13.7.share with a third party any login credentials to Our Website.

14.Interruption to Services

14.1.If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

14.2.You acknowledge that the Services may also be interrupted for many reasons beyond our control.

14.3.You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

15.Disclaimers about the Tours

15.1.Be warned! Many of the Tours offered through Our Website are dangerous. Dangers take many forms. We cannot be specific. We do not check nor approve nor recommend any Tour offered by Our Website. In taking part in a Tour you may be doing so at your own risk. All dangers may not be covered by the insurance of the Guide. The Tour may not be insured in any way. We recommend that you take out a policy of insurance against all the risks you might encounter.

15.2.GuideBuddies does not organise any Tour and has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any Tour (including loss, damage or theft of any personal property at a Tour).

15.3.Your entry to any venue of a Tour is at all times subject to any terms and conditions or rules of the Guide. If you breach those terms and conditions or rules then the Guide may refuse to carry out the Tour.

15.4.All of the Content on Our Website relating to any Tour has been provided by or sourced from Guides. We do not accept responsibility for the accuracy of any claim or advertisement.

15.5.We make no representation, warranty or other provision with regard to the Tours and you acknowledge that you do not rely on any made by us, but solely on your negotiations with and contract with the Guide.

15.6.So far as concerns any Booking you make through Our Website, we are not liable for:

15.6.1a Tour complying with the requirement of any law ;

15.6.2the Guide performing their contract.

15.7.We give no warranty, representation or undertaking whatever as to the continuing business of the Guide or that any Tour by a Guide will be safe, useful or suitable for you.

15.8.You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Guide.

16.Disclaimers and limitation of liability

16.1.This paragraph is not about any service sold through Our Website. It is about only the Service we ourselves provide in setting up the arrangement between you and one of our Tour Guides.

16.2.The law differs from one country to another. This paragraph applies so far as the applicable law allows.

16.3.All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

16.4.Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:

16.4.1useful to you;

16.4.2of satisfactory quality;

16.4.3fit for a particular purpose;

16.4.4available or accessible, without interruption, or without error.

16.5.We make no representation or warranty and accept no responsibility in law for:

16.5.1accuracy of any Content or the impression or effect it gives;

16.5.2delivery of Content, material or any message;

16.5.3privacy of any transmission;

16.5.4third party advertisements which are posted on Our Website or through the Services;

16.5.5the conduct, whether online or offline, of any user of Our Website or the Services;

16.5.6failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;

16.5.7loss or damage resulting from your participation in a Tour organised through Our Website;

16.5.8any act or omission of any person or the identity of any person who introduces themselves to you through Our Website;

16.5.9any aspect or characteristic of any goods or services advertised on Our Website.

16.6.Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $500.00 AUD. This applies whether your case is based on contract, tort or any other basis in law.

16.7.We shall not be liable to you for any loss or expense which is:

16.7.1indirect or consequential loss; or

16.7.2economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

16.8.If you become aware of any breach of any term of this agreement by any person, please tell us by stating the relevant facts in writing. We welcome your input but do not guarantee to agree with your judgement.

16.9.Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

17.You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

17.1.your failure to comply with the law of any country;

17.2.your breach of this agreement;

17.3.a contractual claim arising from your use of the Services

17.4.any Content you place on your website;

17.5.any Content you Post to Our Website;

17.6.a breach of the intellectual property rights of any person.

18.Miscellaneous matters

18.1.You undertake to provide us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

18.2.If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent this agreement from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.3.The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

18.4.If you are in breach of any term of this agreement, we may:

18.4.1publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

18.4.2terminate your presence on Our Website and refuse access to Our Website;

18.4.3remove or edit Content, or cancel any order at our discretion;

18.4.4issue a claim in any court.

18.5.No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

18.6.You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

18.7.Any communication to be served on you by us shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

     if delivered by hand: on the day of delivery;

     if sent by post to the correct address: within 72 hours of posting;

     If sent by e-mail to the address from which the receiving party has
     last sent e-mail: within 24 hours if no notice of non-receipt has been
     received by the sender.

18.8.In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good

faith with the other in a process of mediation before commencing arbitration or litigation.

18.9.This agreement does not give any right to any third party.

18.10.The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland, Australia.