Last Updated: December 15, 2023
Table of Contents
1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Aussie Adventures ("we," "us," or "our"), concerning your access to and use of the website zimnyaya-indeika.com (the "Website").
By accessing or using the Website, you agree to be bound by these Terms of Service. If you disagree with any part of the terms, then you may not access the Website.
2. Use of the Website
The Website is intended to provide information about tourism destinations and experiences in Australia, travel tips, and to facilitate travel bookings and inquiries.
2.1 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
2.2 Website Availability
We make reasonable efforts to ensure that the Website is available at all times. However, we do not guarantee that the Website or any content on it will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
3. Accounts and Registration
Some areas of the Website may require you to create an account. When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
3.1 Account Security
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.2 Account Termination
We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
4. Bookings and Payments
When making a booking through our Website, you agree to provide accurate and complete information for all travelers included in the booking.
4.1 Pricing
All prices displayed on the Website are in Australian Dollars (AUD) unless otherwise specified. Prices are subject to change without notice until a booking confirmation is issued. We reserve the right to correct any pricing errors on our Website.
4.2 Payment
Payment methods accepted are specified during the booking process. By providing payment information, you represent and warrant that you have the legal right to use any payment method utilized and that the information you provide is accurate.
4.3 Booking Confirmation
A booking is not confirmed until you receive a confirmation email from us. Please check your confirmation details carefully and contact us immediately if there are any errors.
5. Cancellation and Refund Policy
Cancellation and refund policies vary depending on the type of service booked. Specific cancellation terms will be provided during the booking process and in your booking confirmation.
5.1 Tour and Activity Cancellations
For tours and activities, the following general guidelines apply, but may be superseded by specific terms for individual products:
- Cancellations made 30 days or more before the scheduled date: Full refund less a processing fee
- Cancellations made 15-29 days before the scheduled date: 50% refund
- Cancellations made 14 days or less before the scheduled date: No refund
5.2 Accommodation Cancellations
For accommodation bookings, cancellation policies are set by individual providers and will be communicated at the time of booking.
5.3 Force Majeure
In the event that we are unable to fulfill our obligations due to events beyond our control (such as natural disasters, government actions, or other force majeure events), affected bookings may be rescheduled or refunded at our discretion.
6. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Aussie Adventures, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.1 Trademarks
The Aussie Adventures name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aussie Adventures or its affiliates or licensors. You must not use such marks without the prior written permission of Aussie Adventures. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
7. User Content
Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.
7.1 Content License
By posting User Content on or through the Website, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Website. You retain any and all of your rights to any User Content you submit, post, or display on or through the Website and you are responsible for protecting those rights.
7.2 Content Restrictions
You agree not to post User Content that:
- Is false, inaccurate, or misleading
- Infringes on any copyright, patent, trademark, trade secret, or other proprietary rights of any party
- Violates the legal rights of others or contains any material that could give rise to civil or criminal liability under applicable laws
- Contains software viruses or any other code designed to disrupt, damage, or limit the functioning of any computer system or hardware
- Contains advertising, promotions, or commercial solicitations without our prior written consent
- Is offensive, abusive, threatening, harassing, defamatory, or otherwise objectionable
8. Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To impersonate or attempt to impersonate Aussie Adventures, an Aussie Adventures employee, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Aussie Adventures or users of the Website
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- To attack the Website via a denial-of-service attack or a distributed denial-of-service attack
- To otherwise attempt to interfere with the proper working of the Website
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Aussie Adventures, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, special, incidental, 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 the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Indemnification
You agree to defend, indemnify, and hold harmless Aussie Adventures, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
11. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Dispute Resolution
Any dispute arising from or related to these Terms or the Website shall be first subject to good faith negotiation between the parties. If such negotiation fails, either party may submit the dispute to mediation under the rules of the Australian Disputes Centre. If mediation is unsuccessful, the dispute shall be submitted to binding arbitration in Sydney, New South Wales.
15. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Aussie Adventures
123 Harbour Street
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8123 4567