TERMS & CONDITIONS
- In these Terms & Conditions, references to “we”, “our”, “us” and “Australia 112” means A.J Ryan and S Saborido trading as Australia 112, ABN 65 841 663 217 and including their employees, contractors, agents and assigns.
- These Terms & Conditions and any policies or rules which may be posted on our Website from time to time (collectively the “Agreement”), set out the terms and conditions on which we offer you access to and use of our Website and services (collectively the “Services”).
- Please read this Agreement carefully. When you book the Services you will be deemed to have read and understood this Agreement.
- By booking the Services, you agree to comply with the terms and conditions of this Agreement.
In this Agreement;
- “Third Party Service Provider” means an independent provider of transport, accommodation, touring and/or other travel services (“Third Party Services”).
- “Website” means the website operated by Australia 112 and available at australia112.com and any related service, application or tool.
- You warrant that you are aged 18 years or over and have the authority to enter into this Agreement with Australia 112.
- You acknowledge that it is your responsibility to provide correct and valid details including (but not limited to) your full name, email and physical address, passport number, telephone number, age, profession, credit card details and travel information, in order to book the Services. Australia 112 does not accept responsibility for any incorrect or invalid details provided by you.
- The categories of Services which we offer, and indicative fees for those Services, are available on our Website.
- You are entitled to use the Website to make a request to book Services.
- You acknowledge and agree that requests shall be subject to availability, and may be accepted or declined by Australia 112 in its absolute discretion.
- If your request is accepted, Australia 112 will notify you of the fees which will apply (the “Fees”) and whether a deposit or prepayment in full is required. Upon receipt of payment your booking will be confirmed (“Booking”).
- Third Party Services
- You acknowledge and agree that if your Booking includes Third Party Services, those Third Party Services will be booked with the Third Party Service Provider by Australia 112 on your behalf, and will give rise to a separate contract directly between yourself and the Third Party Service Provider (the “Third Party Contract”).
- You acknowledge that the Third Party Contract may contain separate terms and conditions, a copy of which will be made available to you by Australia 112 on behalf of the Third Party Service Provider, as part of an information pack and prior to final payment being collected from you. You agree to be bound by the terms and conditions of the Third Party Contract. You acknowledge that any breach of the Third Party Contract may result in the cancellation of your Booking and the forfeiture of all Fees paid by you.
- You acknowledge that some Third Party Service Providers may require you to sign a liability waiver prior to participating in a tour or other activity.
- Australia 112 may, in its absolute discretion;
- Require full prepayment of the Fees at the time of Booking; or
- Require payment of a deposit at the time of Booking, with the balance of the Fees due at such interval/s and in such proportions before the provision of the Services is complete as Australia 112 considers appropriate.
- All Fees shall be payable in Australian dollars.
- Australia 112 accepts payment by way of direct bank transfer. You acknowledge and agree that you will be responsible for all fees which may be charged by your financial institution in connection with such transfer and any associated currency exchange, which may vary from time to time.
- The Fees charged by Australia 112 may be changed from time to time. All changes will be notified by way of amendment to the indicative fees published on the Website. Australia 112 will not pass on any increases in Fees after final payment for the subject Booking has been made.
- In order to honour your Booking, Australia 112 and Third Party Service Providers if applicable, may turn away other clients and lose other potential business. For this reason, early notice of any requested amendment or cancellation would be appreciated.
- You acknowledge that, except as otherwise required by law or as agreed by Australia 112 in its absolute discretion;
- All Bookings are final and Fees paid are non-refundable; and
- If you have only paid a deposit at the time of Booking, you shall become liable to pay the balance of the Fees immediately upon cancellation as though the Services were delivered.
- Australia 112 may display third party advertisements and promotions on the Website. You acknowledge and agree that you may choose whether or not to engage with any such third party and Australia 112 shall not be responsible for any loss or damage of any kind arising out of or in connection with your dealing(s) with a third party.
- You acknowledge and agree that Australia 112 may send you advertising and promotional material from time to time.
- You agree to indemnify Australia 112 against any loss or damage which Australia 112 may incur, directly or indirectly, arising from any breach of this Agreement and/or any breach of a Third Party Contract by you, including all legal costs incurred on an indemnity basis.
- Limitation of Liability
- To the maximum extent permitted by law, Australia 112 shall not be liable to you or to any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by you, whether such liability arises directly or indirectly as a result of;
- Any breach by Australia 112 of its obligations under this Agreement; or
- The supply or performance of any goods or services by a Third Party Service Provider; or
- Any negligent act or omission or wilful misconduct on the part of Australia 112 and/or a Third Party Service Provider; or
- Any fault or delay arising out of or in connection with electronic delays, the Internet, the Website, or the Services.
- You shall fully and completely release and indemnify Australia 112 in respect of all claims, actions, demands, suits, loss and/or damages sustained by any person or party whatsoever for injury to any person(s) and/or property caused by or in connection with or arising out of Australia 112 providing the Services and/or a Service Provider providing Third Party Services to you, whether caused by negligent act or omission or wilful misconduct on the part of Australia 112, a Third Party Service Provider or otherwise, and in respect of all costs and charges in connection therewith whether arising under statute or common law on an indemnity basis.
- All warranties and conditions which may by law be excluded are expressly excluded.
- Without limiting clause 10.1 above, you acknowledge and agree that we make no representation or warranty about;
- The Services;
- The Website;
- The Third Party Service Providers; or
- Performance of the Services or Third Party Services.
- Where such warranties or conditions cannot be excluded, modified or restricted, Australia 112’s liability shall be limited, at its option, to the supply of the Services again or payment of the reasonable cost of having the Services supplied again.
- You expressly acknowledge and agree that, whilst Australia 112 takes all reasonable care in choosing Third Party Service Providers, it does not accept any responsibility for the provision of Third Party Services.
- You expressly acknowledge and agree that each Third Party Service Provider is responsible for supplying their own services pursuant to the terms of the respective Third Party Contract.
- Dispute with Third Party Service Provider
- You acknowledge and agree that, in the event any dispute arises between you and a Third Party Service Provider, you will take all reasonable steps to try and reach a resolution of that dispute directly with the Third Party Service Provider.
- If you cannot reach a resolution directly then we encourage you to contact us as soon as possible, and no later than 10 days after completion of the Third Party Services, and we will attempt to assist you to resolve the dispute. Although Australia 112 will take reasonable steps to assist you, you acknowledge and agree that any further claim or action must be taken against the Third Party Service Provider pursuant to the terms of the respective Third Party Contract and not against Australia 112 directly.
- Dispute with Us
- In the event any dispute arises between you and us, then you and we agree to take all reasonable steps to try and reach a resolution of the dispute directly.
- In the absence of any resolution then the parties agree to seek a mediation in accordance with the Mediation Rules of the Law Society of New South Wales, and the President of the Law Society of New South Wales, or the President’s nominee, will select the mediator and determine the mediator’s hourly remuneration. Either party shall be entitled to approach the President of the Law Society of New South Wales for this purpose.
- Any notice required to be served by one party on another party pursuant to this Agreement shall be in writing and sent by email to firstname.lastname@example.org (for Australia 112) or to the email address nominated by you at the time of requesting the Services (for you).
- A communication is deemed to be received by a party at the time and on the day shown in an electronic confirmation of delivery obtained by the sender.
- Force Majeure
- For the purpose of this Agreement an event of “force majeure” means an event or circumstance which is beyond the control and without the fault or negligence of Australia 112 and/or any Third Party Service Provider.
- Australia 112 shall not be held responsible for any failure to provide Services and/or Third Party Services, if Australia 112 and/or a Third Party Service Provider is prevented or delayed in performing their obligations by an event of force majeure.
You acknowledge and agree that it is your responsibility to take out your own insurance cover as you consider appropriate for your circumstances. Australia 112 strongly recommends that you obtain comprehensive insurance cover as regards all of your travel arrangements.
- Passport and Visa Requirements
You acknowledge and agree that it is your responsibility to obtain a valid passport and all necessary visas and permits for yourself and any other person (including children) you are travelling with, to legally enter and stay in Australia and any other country you are visiting during your travels.
- Intellectual Property Rights
- For the purpose of this Agreement “Intellectual Property Rights” means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
- You acknowledge and agree that all Intellectual Property Rights in the Website are owned by or licensed to Australia 112 and must not be infringed by you.
- Data Protection/Privacy
- You acknowledge and agree that we may disclose your personal information to Third Party Service Providers as necessary to enable the provision of Services and/or Third Party Services to you.
- You acknowledge that Australia 112 shall not be responsible for the way in which any Third Party Service Provider uses or discloses your personal information, or for any breach of your privacy by any Third Party Service Provider.
You acknowledge that you are responsible for your own safety whilst the Services and/or Third Party Services are being performed.
If any provision of this Agreement is contrary to, prohibited by, or held invalid under any applicable law or regulation of any jurisdiction in which it is sought to be enforced, that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.
- Governing Law
This Agreement shall be deemed to have been made in New South Wales and shall be interpreted in accordance with the laws of New South Wales and Australia. The parties submit to the jurisdiction of the courts of New South Wales and Australia.
- Entire Agreement
This Agreement constitutes the entire Agreement between you and Australia 112 with respect to the provision of the Services and supersedes all prior agreements, understandings, arrangements and negotiations in relation thereto.
Any failure by Australia 112 to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing and signed by an authorised representative of Australia 112.
Australia 112 may transfer, assign and/or subcontract any of the rights and obligations conferred by this Agreement.
- Australia 112 reserves the right to amend this Agreement by posting a notice on the Website. If you continue to access and/or use the Services after publication of such notice, you will be deemed to have read and understood the terms of the amended Agreement.
- Australia 112 reserves the right to make changes to the Website without any notice to you.
- Electronic Transactions
For the purposes of Sections 9 and 10 of the Electronic Transactions Act 1999 (Cth), the parties consent and agree to the following;
- Any notice required or permitted to be given in writing pursuant to this Agreement can be given electronically provided that it complies with the relevant sections of the above Act.
- Any signature of a party, or given on behalf of a party, to this Agreement and required or permitted for the purpose of rendering same binding on behalf of a party, can be given electronically provided that it complies with the relevant sections of the above Act.
- Further Documentation
Each party hereby agrees to execute all documents and do all such things that the other party reasonably requires from time to time to effect, perfect or complete the terms of this Agreement and any transaction contemplated hereunder.