Adventurer Terms & Conditions

Introduction 
(1) The www.guidedzone.com.au website, and any mobile application for the website (the “Site”) is owned and operated by Guidedzone (“Guidedzone”, “we”, “us” or “our”).   You can find out more about Guidedzone and how we share data in the Site’s Privacy Policy.

(2) These terms and conditions (the “Adventurer Ts&Cs”) together with the Privacy Policy govern, the relationship between Guidedzone and any individual using or accessing the Site and any of the content or services available through it as an adventurer or potential adventurer, (each, a “Adventurer” or “you”). Adventurers include people who use the Site to access information about and to book activities

(3) The Adventurer Ts&Cs constitute a legally binding agreement between Guidedzone and the Adventurer. By using or accessing the site or Guidedzone’s platforms or systems, you acknowledge that you agree to and are subject to the Adventurer Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Adventurer Ts&Cs, you are not authorised to access or otherwise use the Site.

(4) Guidedzone does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

(5) Guidedzone may revise these Adventurer Ts&Cs at any time by posting an updated version to this web page.  You should visit this page periodically to view the most current Adventurer Ts&Cs because they are binding on you.

The Basics
(1) This Site is a place where Adventurers can view advertising of, and obtain information about, adventure activities offered for sale (“Activities”) by others, including individual guides, outdoor activity centres and more, (each, an “Provider” and collectively with an Adventurer, the ‘users’). We may also offer online booking, online payment or other tools or services to allow users to communicate with each other and to enter into reservations or other transactions. We are not an agent for Providers or activity managers that advertise activities on Guidedzone, nor are we an agent for any third party suppliers of other goods or services that are shown on Guidedzone.

(2) The Site acts only as a venue for users to interact, and Guidedzone is not, and does not become, party to any contractual relationship between the Adventurer and the Provider, and does not mediate between the Adventurer and the Provider in the event of any dispute arising between them. This is true even if the Site facilitates booking of or payment for a Activity or the use of other tools, services or products, as Guidedzone is not a party to any booking, reservation or other agreement between Adventurers and Providers.

Activities and Interaction with Providers

(1) If a Adventurer finds a Activity in which they are interested, they can send an information request to Guidedzone (an “enquiry”) stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose.

(2) The Adventurer will receive a confirmation from Guidedzone along with an invoice. Once payment has been made in full the reservation is complete.

(3) The Provider may then communicate with the Adventurer in connection with the enquiry as required.

(4) Enquiries using the Guidedzone system are available for review by the person to whom it was initially addressed and to a limited number of Guidedzone customer service employees, who may be asked by Providers or others for their past enquiry information. Guidedzone also monitor messages from time to time which are sent using our platforms. Guidedzone may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you.
Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.

(5) Guidedzone has no responsibility for, or involvement in, the communications between the Provider and Adventurer.

Use of Guidedzone Online Payment System
(1) The Guidedzone Online Payment System (SOPS) is provided on the Site to assist Adventurers to make legitimate reservations or otherwise transact business with Providers, and to make payments for those transactions through Guidedzone, and for no other purposes.

(2) You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Guidedzone Online Payment System in accordance with these terms and conditions. You also agree that all information supplied by you in using the Site and the Guidedzone Online Payment System will be true and accurate.

(3) Any speculative, false or fraudulent booking is prohibited. You agree that the Guidedzone Online Payment System will only be used to make legitimate reservations or purchases for you or another person for whom you are legally authorised to act. You acknowledge that overuse or abuse of the Guidedzone Online Payment System may result in you being denied access to the system.

(4) You will be issued with a username and password in order to use the Guidedzone Online Payment System. The username and password are personal to you and are not transferable, and will be unique to each individual booking that you make. You are responsible for all information posted on or transmitted via the Guidedzone Online Payment System by anyone using your username and password and any payments due for goods or services acquired through the system by anyone using your username and password. You should notify any breach of security of your username and password to us immediately.

 Reservation and Payments
(1) If you are using the Guidedzone Online Payment System, the total transaction value for a booking is split into two portions: (a) the non-refundable deposit and (b) the remaining balance (together, the ‘Booking Value’). You may pay both portions (the full amount) of the Booking Value up-front or pay the deposit initially and subsequently pay the remaining balance. Where the stay commences in less than 4 weeks from the time of booking, the full Booking Value must be paid up-front.

(2) If you use the Guidedzone Online Payment System, we may charge a service fee, which includes a card surcharge of 2.4% and a component towards the other costs we incur in relation to providing online booking and payments.

(3) At the time of booking through the Guidedzone Online Payment System, you must pay the deposit or full amount of the booking (and, if applicable, the RDD) by card in Australian dollars. You will then receive a booking confirmation and reference number for your booking. You will need to use that reference should you wish to refer to your booking at a later date.

(4) By using the Guidedzone Online Payment System, you agree to the automatic debit of the remaining balance from your card on the due date for final payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

(5) If you do not pay the remaining balance by the due date and it remains overdue for more than one week, the Provider may deem the booking to have been cancelled by you and retain the non-refundable deposit.

(6) On receipt of funds from you, Guidedzone will hold those funds on behalf of the Provider until such time as they are remitted to the Provider, refunded to you (if you are entitled to a refund) or transferred to Guidedzone in payment of our fees and charges. No interest will be payable by Guidedzone to you or the Provider on amounts held by Guidedzone.

(7) If you are not using the Guidedzone Online Payment System, you must make all arrangements for payment directly with the Provider.

Changes, cancellations and refunds

(1) Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Provider and/or each activity that they list. These terms are set out on the payment page if you are using the Guidedzone Online Payment System (and must be read and agreed to before making your booking), or otherwise will be provided to you by the Provider.

(2) If you used the Guidedzone Online Payment System for your booking, to make changes to your booking or make a cancellation please login using your personal username and password in the link provided in your confirmation email.

(3) If you are using the Guidedzone Online Payment System and you cancel a booking, the deposit portion of the total transaction value is non-refundable. If you have already paid the remaining balance, your right to a refund of that portion will be determined by the cancellation policy of the Provider.
(4) If you do not pay any remaining balance by the due date and it remains overdue for more than one week, the Provider may deem the booking to have been cancelled by you and may retain the non-refundable deposit.

(5) Other than cancellation due a failure to pay under clause 6.4 above, if the Provider cancels the booking then you will be entitled to a refund of any deposit portion and/or remaining balance you have paid.

(6) If you used the Guidedzone Online Payment System for your booking and you are entitled to a refund under the Provider’s terms and conditions, the refund will be made through the system to the same card that you used to pay for the booking. In other cases, you must make arrangements for payment of any refund to which you are entitled directly with the Provider.

Rights and obligations of Guidedzone

(1) Guidedzone shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Activities that Providers have submitted to Guidedzone are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(2) Further, you also acknowledge that Providers – and not Guidedzone – are responsible for the accuracy with which the photos depict the relevant Activity.

(3) Guidedzone may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. Guidedzone will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Adventurers’ usage is least affected.

(4) You acknowledge that Guidedzone is not responsible for checking the identity, or for the behaviour, of Providers or for establishing the nature, condition or existence of a Activity.

(5) Guidedzone reserves the right to transfer these Adventurer Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Adventurer Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Adventurer Ts & Cs.

Intellectual Activity and Related
(1) All content that appears on this site, and the site itself, is protected by copyright and database rights.  Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

(2) Adventurers are permitted to download, display or print individual pages of the site to evidence their agreement with Guidedzone. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present Guidedzone Pty Ltd – All Rights Reserved”.

(3) Where a Adventurer submits to or transmits through the site or Guidedzone’s platform or systems any content of any type, including text or images, the Adventurer undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or providers of featured items (’activity release’).

(4) To the extent that Adventurers’ reviews or other content may contain trade marks or other proprietary names or marks, Adventurers undertake that they have the right to do so.

(5) By submitting reviews to the site, Adventurers authorise Guidedzone to use them both on the site and in separately published form.

(6) Guidedzone also uses Google Analytics to gather statistics on site usage.  There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube.  You understand and accept that Guidedzone has no control over Google’s data collection.

Communications and Review
(1) Adventurers must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of Activities.

(2) Messages sent via Guidedzone’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind.  It is prohibited to misuse Guidedzone’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

(3) Adventurers may post their reviews of Providers’ Activities (“Adventurer Reviews”) on the site.  The Provider is given the opportunity to view Adventurer Reviews, and to respond to them (an “Provider Response”).  Some more detail about Adventurer Reviews and Provider Responses is available here .

(4) Please note that Guidedzone does not, and realistically does not have the ability to, verify the accuracy or otherwise of Adventurer Reviews or Provider Responses.

(5) Guidedzone nevertheless requires all Adventurer Reviews, Provider Responses and other communications using Guidedzone’s systems to conform to the Content Guidelines, and may decline to post any of them that Guidedzone finds do not comply.

(6) In the event that any Adventurer Review appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Guidedzone shall be entitled immediately to remove from the site the relevant non-conforming Adventurer Review.

(7) Guidedzone does not generally conduct identity checks. If Adventurers suspect that the Provider has supplied false information, they are invited to notify Guidedzone through the contact form.

(8) Guidedzone complies with its Privacy Policy. Further details can be obtained from the Privacy Policy . The Adventurer consents to the use of his data as outlined in the Privacy Policy. Providers generally authorise Guidedzone to forward the Provider’s contact details, including telephone number, to Adventurers in connection with a Activity booking. Adventurers may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Adventurers through their Accounts.

Indemnification
You agree to indemnify and hold Guidedzone and its affiliates harmless against any claims by third parties brought against Guidedzone or any Guidedzone Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Adventurer Ts&Cs.  Guidedzone will provide notice to you promptly of any such claims.

Prohibitions
The Adventurer shall not directly or indirectly:

  1. With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
  2. Monitor content on the site or Guidedzone’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or activity rental adverts, or any subset of the same or which is in the business of providing vacation activity rental services or other services that compete with the site or Guidedzone) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Guidedzone’s robots.txt file;
  3. Use the site or Guidedzone’s platform or systems for purposes other than those referred to in these Adventurer Ts & Cs;
  4. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for an activity other than an Activity under a valid Listing;
  5. Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
  6. Upload or send to the site or Guidedzone’s platform or systems any contents or programs, which on account of their size or nature, might damage Guidedzone’s computers or networks;
  7. Include content on the site or Guidedzone’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
  8. Use or access the Site or Guidedzone’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
  9. Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
  10. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
  11. Refer to Guidedzone or any Guidedzone Affiliate in any way that might lead someone to believe that the Adventurer or any website is sponsored by, affiliated with, or endorsed by Guidedzone or any Guidedzone Affiliate.

Right to delete content

Adventurers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Adventurer Reviews and communications with Providers, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines .  Guidedzone may monitor any data on the Site or Guidedzone’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date.  Without prejudice to any other available remedies, Guidedzone shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

Notifications

(1) Messages are to be sent using the contact form.

(2) Notifications of copyright infringement must contain:

  • Your postal address, telephone number and e-mail address;
    Precise details about the content in question (insertion of the text or image) including a link to the website;
    A signed declaration in lieu of an oath, which  evidences that you:
    Hold the exclusive rights to use the work;
    Have not authorised the use of the material in question in this form.

Liability of Guidedzone

Guidedzone has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and card details. However, Guidedzone does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
In no event will Guidedzone be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or Guidedzone’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if Guidedzone has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or Guidedzone’s platform or systems, you do not agree with any part of these Adventurer Ts & Cs, then your sole and exclusive remedy against Guidedzone is to discontinue using the site. Nothing in these Adventurer Ts & Cs shall exclude or restrict Guidedzone ‘s liability for death or personal injury resulting from its negligence; nor for Guidedzone’s fraud or fraudulent misrepresentation.

Miscellaneous

(1) These Adventurer Ts & Cs, and the relationship between the Provider and Guidedzone, shall be governed by and construed in accordance with the laws in force in Victoria, and you submit to the non-exclusive jurisdiction of the courts in that State.

(2) These Adventurer Ts & Cs, the Privacy Policy contain the entire agreement between Guidedzone and Adventurer relating to their subject matter.

(3) Guidedzone recommends that you save your own copy of these Adventurer Ts & Cs in a separate file on your device or in print-out form.

(4) Guidedzone’s failure to act with respect to a breach of these Adventurer Ts & Cs by the Adventurer or others does not waive Guidedzone ’s right to act with respect to subsequent or similar breaches.

(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Adventurer Ts & Cs.

(6) The invalidity of one or more provisions of these Adventurer Ts & Cs shall not affect the validity of the other provisions.