WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.unearthedretreats.com (the 'Website'). The Website facilitates
interactions between: (i) Customer (the 'Receiver'); and
(ii) Vendor (the 'Provider'), making it easier for the Receiver and the Provider to locate, communicate,
arrange payment and deliver the services in a fast and secure manner (the
'Services').
(b) The Website is operated by Wark the Walk Pty Ltd PTY. LTD. (ABN 30651346842) .
Access to and use of the Website, or any of its associated products or Services, is
provided by Wark the Walk Pty Ltd. Please read these terms and conditions (the
'Terms') carefully. By using, browsing and/or reading the Website, this signifies
that you have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of its products
or Services, immediately.
(c) Wark the Walk Pty Ltd reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Wark the Walk Pty Ltd updates the
Terms, it will use reasonable endeavours to provide you with notice of updates of
the Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as
required under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made available to you
by Wark the Walk Pty Ltd in the user interface.
3. The Services
(a) In order to access the Services, both the Receiver and the Provider are required
to register for an account through the Website (the 'Account').
(b) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Other personal information as required
(c) You warrant that any information you give to Wark the Walk Pty Ltd in the course
of completing the registration process will always be accurate, correct and up to
date.
(d) Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Wark the Walk Pty
Ltd; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Wark the Walk
Pty Ltd of any unauthorised use of your password or email address or any
breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use
the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute
on the Website ('Your Content') will always be accurate, correct and up to
date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of
the Website (where interaction with other Members is made available to
you);
(h) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of providing the
Services;
(i) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Wark the Walk Pty Ltd;
(j) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of
solicitation may be removed from Member profiles without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Wark the Walk Pty Ltd for any illegal or unauthorised use of the Website;
and
(l) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5. Using the Website as the Receiver
(a) Accept these Terms and Conditions in full.
6. Using the Website as the Provider
(a) Accept these Terms and Conditions in full.
7. Payment
(a) By Wark the Walk Pty Ltd offering the Services to you, you agree that:
(i) Agency Fees, as agreed in writing, email or verbally are payable for any
customer booking that originated or otherwise was introduced via the
marketplace, its affiliates or representatives irrespective if that booking was
wholly completed via the marketplace.
(b) All payments made in the course of your use of the Services are made using
Stripe, Australian Bank Merchant Facilities, Paypal. In using the Website, the
Services or when making any payment in relation to your use of the Services, you
warrant that you have read, understood and agree to be bound by the Stripe,
Australian Bank Merchant Facilities, Paypal terms and conditions which are
available on their website.
8. Refund Policy
(a) Since Wark the Walk Pty Ltd is only a facilitator in introducing the Receiver to the
Provider and providing a system to make safe payment, Wark the Walk Pty Ltd
does not hold any liability to the Receiver directly and will not personally refund
them any payments made in the use of Services.
(b) Notwithstanding the above clause, if a Receiver is unsatisfied with the services
provided by the Provider or believes that they may be entitled to a refund, then
Wark the Walk Pty Ltd requires the Receiver to:
(i) contact the Provider directly to request a refund; and
(ii) if contacting the Provider is not successful after fourteen (14) days, contact
Wark the Walk Pty Ltd through the 'Contact Us' section of the Website
outlining why you believe you are entitled to a refund so we are able to
determine if the Provider should be removed from the Services.
(c) If contacted by a Receiver who is requesting a refund pursuant to the above
clause, the Provider agrees that it will immediately:
(i) complete the Wark the Walk Pty Ltd refund request form (the 'Request
Form') provided on the Website; and
(ii) provide both the Request Form and the email from the Receiver requesting
the refund to Wark the Walk Pty Ltd.
(d) If the Provider agrees to a refund it is acknowledged that the Provider will instruct
Wark the Walk Pty Ltd to refund all or part of the payments made to the Receiver
directly, less any fees and charges incurred by Wark the Walk Pty Ltd in
processing the refund.
(e) Both the Receiver and Provider agree that they will comply with the Refund Policy
contained in this Clause of these Terms.
9. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Wark the Walk Pty Ltd
are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video
images, audio clips, Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by Wark the Walk Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Wark the Walk Pty Ltd, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
Wark the Walk Pty Ltd does not grant you any other rights whatsoever in relation
to the Website or the Services. All other rights are expressly reserved by Wark the
Walk Pty Ltd.
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in
your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
use.
(c) Wark the Walk Pty Ltd retains all rights, title and interest in and to the Website and
all related Services. Nothing you do on or in relation to the Website will transfer
any:
to you.
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),
(d) You may not, without the prior written permission of Wark the Walk Pty Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on
the Website, then you grant to Wark the Walk Pty Ltd a non-exclusive,
transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast,
republish, up-load to a third party, transmit, post, distribute, show or play in public,
adapt or change Your Content.
10. Privacy
Wark the Walk Pty Ltd takes your privacy seriously and any information provided through
your use of the Website and/or Services are subject to Wark the Walk Pty Ltd's Privacy
Policy, which is available on the Website.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Wark the Walk Pty Ltd will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Services or these Terms (including as a result
of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website
and the Services is provided to you "as is" and "as available" without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Wark the Walk Pty Ltd make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of Wark the Walk Pty Ltd) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer as
a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of
the products of Wark the Walk Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your
convenience.
(d) You acknowledge that Wark the Walk Pty Ltd Website and the Services are only
intended to facilitate the interactions between the Receiver and the Provider and
does not offer any services other than the Services and Wark the Walk Pty Ltd
holds no liability to you as a result of any conduct of the Members or the misuse of
Your Content by any party (including other Members).
12. Limitation of Liability
(a) Wark the Walk Pty Ltd's total liability arising out of or in connection with the
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply of
the Services to you.
(b) You expressly understand and agree that Wark the Walk Pty Ltd, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
loss.
(c) You acknowledge and agree that Wark the Walk Pty Ltd holds no liability for any
direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you as a result of providing Your Content to the Website.
13. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Wark the Walk Pty
Ltd with 60 days' notice of your intention to terminate by sending notice of your
intention to terminate to Wark the Walk Pty Ltd via the 'Contact Us' link on our
homepage.
(b) Wark the Walk Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Wark the Walk Pty Ltd is required to do so by law;
(iii) Wark the Walk Pty Ltd is transitioning to no longer providing the Services to
Members in the country in which you are resident or from which you use
the service; or
(iv) the provision of the Services to you by Wark the Walk Pty Ltd is, in the
opinion of Wark the Walk Pty Ltd, no longer commercially viable.
(c) Subject to local applicable laws, Wark the Walk Pty Ltd reserves the right to
discontinue or cancel your membership at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or if
your conduct impacts Wark the Walk Pty Ltd's name or reputation or violates the
rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Wark the Walk Pty Ltd have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and the
provisions of this clause shall continue to apply to such rights, obligations and
liabilities indefinitely.
14. Indemnity
(a) You agree to indemnify Wark the Walk Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
15. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i) Within 90 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the agreed body or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held in Queensland, Australia.
(d) Confidential
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as "without prejudice" negotiations for the purpose of
applicable laws of evidence.
(e) Termination of Mediation:
If 180 have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by Wark the Walk Pty Ltd is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of
Queensland, Australia.
17. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Queensland, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.