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SHIRAZ TOURS

TERMS AND CONDITIONS OF SERVICE

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Refund Policy

Shiraz Tours require a request for refund in writing to cheers@shiraztours.com.au with details of tour, and reason for cancelling. Please note Credit card surcharge paid will not be refunded.

• We will give you a full refund if you give us at least 30 days’ notice prior to the Tour Date;
• We will give you a 50% refund if you cancel between 14 and 30 days prior to the Tour Date; and
• We will not give you a refund if you give us less than 14 days’ notice prior to the Tour Date due to loss of opportunity.

If minimum numbers required for the tour are not met, you will be offered to move tour to another date or a refund minus the credit card fees.

Definitions

Services means products or services or event sold by Shiraz Tours to the consumer.

the Website means the website www.shiraztours.com.au

We / Us etc means Shiraz Tours (ABN: 96253429567) and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage 

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

hello@shiraztours.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of Shiraz Tours. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Disclaimer

NOTE: Section 74 of the Trade Practices Act (“Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.

1. 1. I declare that I am medically and physically fit and able to participate in the event. I acknowledge that I must, and I agree that I will, disclose any pre-­‐existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.
   1. I acknowledge that Shiraz Tours relies on information provided by me, and that all such information is accurate and complete.
   1. I acknowledge that the event is inherently dangerous. I recognise that there are risks specifically associated with the event which include, but are not limited to, collisions and contact with other participants, the remoteness of the areas in which an event takes place, sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.
   1. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-­‐altering substance before or during the event, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-­‐altering substance.
   1. I agree to follow any rules set by Shiraz Tours in connection with the event. In particular, I have been advised to know when to stop drinking, and not being disorderly. If I fail to comply with Shiraz Tours rules and/or directions, I will not be permitted to participate or to continue to participate and no refund will be given.
   1. In consideration of being allowed to participate in the Event, I (on my own behalf and on behalf of my executors, administrators, heirs, next of kin, successors and assigns):
   1. 6a) WAIVE, RELEASE AND DISCHARGE from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my participation in and my travelling to and from the Event the following person or entities: Shiraz Tours., Event sponsors, Event producers, volunteers, community organisations, all State, Federal and Local Government authorities in which the Event may be staged and the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers, including medical and paramedical personal appointed for the Event;
   1. 6b) INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in paragraph 6(a) from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, my participation in and travelling to and from the Event, including any claim by my (or my team’s) support crew or any person assisting me or my team;
   1. I acknowledge that I am responsible for my personal possessions and equipment during the Event.
   1. I accept the communications, search, rescue and medical aid arrangements put in place by the organisers. I understand and agree that in the first instance I am responsible for the provision of first aid to myself and those around me. As a competitor or support crew I am responsible for myself or my team’s timely removal from the course to a medical facility. If I suffer any injury or illness, I agree that Shiraz Tours may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment
   1. I certify that the medical information supplied by me on the entry form is true and I consent to and authorise that information to be provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be given to me as a result of my participation in the Event, regardless of whether the treatment is given.
   1. Copyright and right to use image: I acknowledge and consent to photographs, video, audio recordings, multimedia or film likeness being taken of me by or on behalf of Shiraz Tours during my participation in the event. I acknowledge that the photographs, video, audio recordings, multimedia or film likeness are owned by Shiraz Tours and that Shiraz Tours may use the photographs, video, audio recordings, multimedia or film likeness for promotional or other purposes without my further consent being obtained. Further, I consent to Shiraz Tours using my name, image, likeness and also my performance in the Event, at any time, to promote the Event by any form of media.
   1. Shiraz Tours, in its sole discretion, may delay, modify, postpone, alter the course or cancel the Event if it believes the conditions on the day are or will be unsafe following the commencement of the event.
   1. If, the Event is cancelled without an option to reschedule, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Shiraz Tours there may be a prorata refund of any participant entry fees paid in accordance to consumer laws. There will be no payment for any other costs incurred by participants in connection with the event
   1. If, the Event is delayed, modified, or postponed for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Shiraz Tours no refunds will be issued.
   2. I acknowledge all tours have a minimum guest number requirement, and tours will be approved when this minimum number is reached, or cancelled if the numbers are not reached. Guests will be given a choice of a full refund if their tour is cancelled, or change of date. Confirmation of tours will be provided via email from Shiraz Tours. On occasion tours may be provided by a third party provider. Shiraz Tours will not be held responsible for any losses caused by the cancellation of tours.
   1. EXCLUSION FROM THE EVENT
      I agree to abide by the Event rules and I understand that my entry may be voided without refund if through my actions or behaviour. Shiraz Tours reserves the right to exclude any entrant or participant from the event, for reasons including but not limited to:-­‐
      (i) failing to comply with Shiraz Tours directions;
      (ii) not being in the opinion of Shiraz Tours in a fit state to participate;
      (iii) being un-­‐financial or owing monies to Shiraz Tours;
      (iv) for any reason determined by Shiraz Tours, which determination shall be deemed reasonable.
   2. Cleaning fee(s)

      In the event our vehicle needs to be cleaned due to a passenger spills or vomit, we will be charging a vehicle cleaning fee of $200.

   3. Vehicle damage

      In the event of our vehicle being damaged by a passenger, they will be liable for the full costs of repair.

I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND THAT IT HAS BEEN EXPLAINED TO ME, AS REQUIRED. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. PRIOR TO PURCHASING TOUR TICKETS, I HAVE INDICATED THAT I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF SERVICE.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Copyright © 2020 Shiraz Tours

www.shiraztours.com.au

If you have any queries or complaints about our Privacy Policy please contact us at:

Shiraz Tours

hello@shiraztours.com.au

0488 SHIRAZ

0488 744729

Shiraz Tours is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including by telephone and facsimile, by email, via our website www.shiraztours.com.au, and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

•           For the primary purpose for which it was obtained

•           For a secondary purpose that is directly related to the primary purpose

•           With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

•           Third parties where you consent to the use or disclosure; and

•           Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Shiraz Tours will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Shiraz Tours

hello@shiraztours.com.au

0488 SHIRAZ

0488 744729