Mulga Bicycle Tours Website Terms of Use
Updated, 15 February 2023.
These Terms of Use (“Terms”) govern your access to and use of the Multilocus Interactive Pty Ltd ACN 085 586 661 (“Mulga”, “we”, “our”, and “us”) website located at www.mulgabicycletours.com.au (“Site”) and any associated platform, software, tools, features, or functionalities provided on or in connection with our services, including without limitation our services to access and use the Site.
For the purposes of these Terms, “you” and “your” means you as the user accessing the Site. If you access the Site on behalf or in connection to a company or other entity, then the terms “you” and “your” means you and that entity, and includes its directors, agents, subcontractors and employees, as applicable.
We take reasonable care to ensure that the information on this Site is accurate, complete and up-to-date. However, the information on this Site is provided for information only. You should not treat any information provided as comprehensive, nor rely on the information as advice.
Acceptance of Terms
Please read these Terms and our Privacy Policy carefully as they contain important information and affect your legal rights. By clicking to accept and/or accessing or using the Site, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site.
Accessing the Site and Tour Registration
You must give us all relevant information required to facilitate your registration as a participant on the Site and our Tours (as defined in our Terms and Conditions), including your identity and contact details, billing details, address and any other information which may affect or assist our ability to provide access to the Site.
You must keep us updated and inform us of any changes to the information you have provided to us. We will collect, access, use and disclose your personal information in accordance with our Privacy Policy.
As a condition of the Site’s use, you warrant to us that:
- you possess the legal authority to create binding legal obligations;
- you will use the Site in accordance with these Terms; and
- all information you supply to us is true, accurate, current and complete.
We will use our best endeavours to ensure that the operation of the Site is in good working order, subject to internet and network connection issues which are beyond our control.
User Conduct
When using our Site, you must not:
- use it for any purpose or in any other manner other than as permitted by these Terms;
- use it for fraudulent or illegal purposes or distribute any viruses or other technology that may harm us, the Site or other users;
- reproduce, make error corrections to or otherwise modify or adapt the Site;
- disseminate any software that could damage, disable, overburden, or impair the functioning of the Site in any manner;
- disassemble or reverse engineer the Site or permit a third party to do so;
- modify or remove any copyright or proprietary notices on the Site;
- circumvent or manipulate any fees owed or the billing process;
- use the Site or data collected from the Site for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing and telemarketing);
- act in a manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site;
- harvest, collect or gather user data without the user’s consent or except as permitted by these Terms; or
- use the Site or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Links
Any external website links provided in the Site are provided for your convenience only. We do not take any responsibility for their content or endorse any opinions or recommendations provided in those websites. By clicking on those website links, you agree that you are solely responsible for agreeing to the terms and conditions of those websites and for any damages or loss caused from following those links.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Mulga arising out of or in any way related to these Terms, the access to and use of the Site, content, or any products or services exceed the total amount paid by you to us for use of our services.
To the full extent permitted by law, we exclude all liability for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Site, even if we or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
Changes to the Site
We may change, modify, substitute, suspend, remove or disable the Site, the services contained in the Site, and any information and features contained on the Site from time to time without any notice to you.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities on the Site. We will attempt to restore access to the Site as soon as we reasonably can.
Copyright
Except as permitted by the Copyright Act 1968 (Cth) (“Copyright Act”), you may not reproduce or communicate any of the content on this Site, including files downloadable from this Site, without the permission of the copyright owner.
The Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.
General
The law of the Australian Capital Territory shall apply to these Terms and you hereby submit to the jurisdiction of the courts of the Australian Capital Territory.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These Terms (and any documents executed in connection with it) are the entire agreement of the parties about its subject matter and supersede all other representations, arrangements or agreements.
We may amend these Terms from time to time. The amended Terms will be notified to you via the Site and will take effect from the date of amendment of the Site. If you continue to use the Site after we have notified you of the amended Terms, you are taken to accept and be bound to the amended Terms.
A provision of or a right under these Terms may not be waived or varied except in writing signed by the person to be bound.