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Last updated: 29-05-2017
| MUCHA ADVENTURE
(Hereinafter referred to as “MUCHA ADVENTURE”) |
www.MuchaAdventure.com
(Hereinafter referred to as “the Website”) |
Mucha Adventure
USER & EVENT TERMS AND CONDITIONS
Please read these Terms and Conditions (the “Terms“, “Terms and Conditions“) carefully before accessing, browsing, creating a User Account or using the Website and/or the Mucha Adventure logos, patents and trademarks. Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all Visitors, Users and all others who access or use the website, or any other ancillary and/or connected trademarks. By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.
- Definitions
1.1. The definitions and rules of interpretation in this clause apply in this Agreement
| “Business” | Means the continual marketing and supply of all relevant goods and services | |
| “Business Day” | Any day (other than Saturday and Sunday) when the banks are generally considered open for business. | |
| “Communication” | Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology, device or in person. | |
| “Confidential Information” | All Information, including all specifications, designs and drawings provided by the Company. | |
| “Charges” | The charges in respect of the Services set out within these Terms and Conditions | |
| “Deliverable” | A tangible or intangible object produced as a result of the project that is intended to be delivered to a Client (either internal or external). A deliverable could be a service, a report, a document, a server upgrade or any other building block of an overall project Agreement | |
| “Industry Standard Practice” | The Standard Business Practices within the specific Industry and within Australia | |
| “Notice” | “Notice” shall mean an instrument in writing, unless otherwise prescribed | |
| “Participant(s)” | “Participant(s)” shall mean Users which are participating in any MUCHA ADVENTURE. | |
| “User(s)” | “User” shall mean the User who has registered within the MUCHA ADVENTURE Platforms. |
- Overview
1.1. The Company provides Users with Information, a Community and Group Activities and Events.
1.2. The services provided by the Company, but not limited to;
1.2.1. Events,
1.2.2. Tours
1.2.3. Group Activities
1.2.4. Other Related Services
1.3. All Content and Materials contained within this Website are for general informational purposes only and should not be relied on in any professional capacity.
- Use of the Website
2.1. The use of this Website is subject to the following terms;
2.1.1. All content is for general use only.
2.1.2. All content is subject to change without notice.
2.1.3. The Website may uses cookies to monitor browsing preferences.
2.1.4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Website for any particular purpose.
2.1.5. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.1.6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
2.1.7. This Website contains material which may be either owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.1.8. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
2.1.9. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
2.1.10. From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- User Accounts
3.1. All Registered Users are entitled to participate in MUCHA ADVENTURE Events on the terms and conditions below.
3.1.1. All Persons attending a MUCHA ADVENTURE Event are required to register as a Registered User with the MUCHA ADVENTURE website.
3.2. User Registration requires a Registration Fee, see 9. Payment.
3.2.1. All Registration Fees are used directly towards hosting the MUCHA ADVENTURE Events.
3.2.2. The price of User Registration may vary depending on circumstances which will be announced by MUCHA ADVENTURE.
3.3. User Registration requires the input of the User’s first name, last name, email address, DOB and telephone number and in future selecting of a username during the registration process.
3.4. You are responsible to keep this information safe and be the representative of the profile you create, the Company holds no responsibility.
3.5. You agree to keep all information on the site confidential unless it is provided in the Non-Members and free section.
3.5.1. Users are only entitled to a Refund in the event that MUCHA ADVENTURE cancels a MUCHA ADVENTURE Event due to unforeseen circumstances, thenMUCHA ADVENTURE may, in its discretion, provide a refund or a partial refund of the registration fee to me, or arrange for alternate options.
- Privacy
4.1. All Users understand that through User Registration and/or registering for an MUCHA ADVENTURE event, the MUCHA ADVENTURE will collect personal information. Including but not limited to details on name, date of birth, email address, address..
4.1.1. All collection of personal information is strictly for internal purposes, specifically for clothing and equipment requirements and to give key stakeholders an information and numbers regarding MUCHA ADVENTURE event and in no event shall be will not be passed onto a 3rd party in any original data format.
4.2. Users can request to have their account information modified or deleted or request to opt out of eDMs by emailing mich@muchaadventure.com
- Shipment/Delivery
- All Event Tickets are Shipped Electronically by E-mail or via Event Bright
6.1. The Company aims to deliver the Products to the Customer by the methods selected within the Checkout.
6.2. Price of Shipping & Methods Available (standard, express, etc.)
6.3. International Shipping Information
6.4. Shipping Restrictions
6.5. Handling Time
6.6. Other
6.6.1. All Event Tickets are Shipped Electronically by E-mail or via Event Bright
6.7. Company’s Duties & Responsibilities
6.8. To provide truthful and complete information and to keep the website, products, services and all prices updated.
6.9. To provide Customer Support.
6.10. To provide all necessary documentation regarding Payments.
6.11. The Company cannot guarantee that a particular Event, Product or Service will always be available.
6.12. The Company can be contacted at;
Mucha Adventure
PO Box 305
Semaphore, South Australia
5019
Tel: +61 406091988
- Customer’s Rights
7.1. The Customer has Basic Consumer Rights, including;
7.1.1. To be provided with the Agreed and Paid Services and Events.
7.1.2. To be fully informed about the Terms of ordering and payment details.
7.1.3. To be fully informed regarding any and all changes of all ordered Products.
7.1.4. To withdraw from the contract at any time before the date of service delivery in accordance with the cancellation terms.
7.1.5. To raise complaints about defective Products and Services in accordance with the Complaints Procedure.
- Customer Duties & Responsibilities
8.1. The Customer shall;
8.1.1. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;
8.1.2. Ensure that such information, data and documentation is complete and accurate in all material respects; and
8.1.3. Notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
8.1.4. The Customer shall promptly notify the Company in writing if it believes, within reason that the products do not function with or comply with the specification agreed between the parties in writing (“Error”).
8.1.4.1. The Company shall use all reasonable endeavours to correct or remedy any Error, providing that it may charge the Customer for carrying out such work where the Error is caused by any failure by the Customer to comply with its obligations under these Terms (including but not limited to any failure by the Customer to provide the information required by the Company in order to carry out the Services or where the information provided by the Customer is incorrect or incomplete).
- Payment
9.1. The Company accepts the following online payment methods;
9.1.1. PayPal
9.1.2. Event Bright
9.1.3. Other methods TBC
9.2. Upon successful checkout, the Customer’s provided payment details will be charged the full transaction amount.
9.3. The Company shall issue a GST invoice upon the completion of an order by the Customer in respect of the Charges, and the Customer shall pay to Company the Charges immediately via the prompted payment methods.
9.3.1. The Customer will receive confirmation of all orders placed.
9.4. All Charges are exclusive of GST.
9.5. The Company will not dispatch any products until payments have been received by the Company in full.
9.6. User Registration requires a 25% Deposit on all amounts over $100.00 (AUD)
9.6.1. User Registration Deposit is due 8 (eight) weeks prior, unless otherwise stated by MUCHA ADVENTURE.
9.6.2. User Registration Payment is due 4 (four) weeks prior, unless otherwise stated by MUCHA ADVENTURE.
9.7. The Company does not retain any sensitive payment details, including credits cards, debit cards, etc.
9.7.1. MUCHA ADVENTURE are not responsible for Person Information, which may be collected by third parties which are unconnected to MUCHA ADVENTURE, such as PayPal.
- MUCHA ADVENTURE Events
10.1. All Users attending an MUCHA ADVENTURE Event agree;
10.1.1. To abide by all written, spoken and/or posted rules of the MUCHA ADVENTURE, as well as all written and/or posted rules of the venue.
10.1.2. To comply with all direction, instruction and decision of MUCHA ADVENTURE, it’s agents and venue personnel.
10.1.3. Not to challenge these rules, directions, instructions, or decisions on any basis at any time.
10.1.4. That MUCHA ADVENTURE and any venue personnel may immediately remove from the event anyone User who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind.
10.1.5. Not to bring Clothing, Props or Equipment which pose an unnecessary direct risk to other Participants or are hazardous, as will be determined by the MUCHA ADVENTURE Event staff.
10.1.6. To abide by all laws, civil and criminal, including Traffic Laws.
10.1.7. That any and all photographs, motion pictures, recordings, and/or likenesses of me captured or taken during the MUCHA ADVENTURE event by MUCHA ADVENTURE, affiliated entities or contractors become the sole property of MUCHA ADVENTURE. I grant the right, permission and authority to MUCHA ADVENTURE to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legal purpose, including but not limited to promoting, advertising, and marketing activities. I further acknowledge and agree that MUCHA ADVENTURE, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
10.1.8. They are or will be of at least 18 years of age by the date of the MUCHA ADVENTURE event.
10.1.8.1. All Users under the age of 18 years of age by the date of the MUCHA ADVENTURE Event require signed consent from their parent or legal guardian to participate in the MUCHA ADVENTURE event.
- Event Liabilities
11.1. Due to the adventurous nature of some of the MUCHA ADVENTURE events, all Users acknowledge and understand that participating in MUCHA ADVENTURE events can be a physically and mentally arduous and potentially dangerous activity, which involves the risk of serious injury and/or death.
11.2. All Users acknowledge and agree MUCHA ADVENTURE may, in its sole discretion, delay, modify, cancel and change the date of any event.
11.3. All Users acknowledge and agree that in addition to the general risk of serious injury and/or death, including but not limited to exposure to the following risks;
11.3.1. Injury resulting from falls, including from falls at height;
11.3.2. Concussion;
11.3.3. Cuts and abrasions;
11.3.4. Burns;
11.3.5. Fractures;
11.3.6. Dislocations;
11.3.7. Confined spaces;
11.3.8. Heights;
11.3.9. Water;
11.3.10. Drowning;
11.3.11. Extreme cold and heat and cold and heat related illnesses including but not limited to hypothermia, hyperthermia and sunstroke;
11.3.12. Inclement weather;
11.3.13. Isolation;
11.3.14. Vehicle accident; and
11.3.15. Physical exertion and exhaustion generally.
11.4. All Users acknowledge and warrant that they are in good health and in proper physical condition to safely participate in an MUCHA ADVENTURE event.
11.5. All Users certify that they have no known physical or mental conditions that would affect their ability to safely participate in an MUCHA ADVENTURE event, or that would result in a User’s participation creating a risk of danger to themselves or to others.
- Notice
12.1. Any notice given under these Terms shall be in writing and delivered personally or sent by;
12.2. Pre-paid First Class,
12.3. Recorded Delivery,
12.4. Registered Post, Fax,
12.5. Email or,
12.6. Such other person, address, fax number or e-mail address as the receiving Party may have notified to the other Party.
12.7. A notice is deemed to have been received:
12.7.1. If delivered personally, at the time of delivery;
12.7.2. In the case of fax or e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class pre-paid post or by personal delivery before the end of the next Business Day;
12.7.3. In the case of pre-paid first class post, recorded delivery or registered post, 48 hours from the date of posting;
12.7.4. In the case of registered airmail, five days from the date of posting; or
12.7.5. If deemed receipt under the previous paragraphs of this Clause 10.2 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.
- Confidentiality
13.1. Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
13.2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
13.3. The obligations set out in this Agreement shall not apply to Confidential Information which the receiving party can demonstrate:
13.3.1. Is or has become publicly known other than through breach of this clause;
13.3.2. Was in possession of the receiving party prior to disclosure by the other party;
13.4. Was received by the receiving party from an independent third party who has full right of disclosure;
13.4.1. Was independently developed by the receiving party; or
13.4.2. Was required to be disclosed by governmental authority.
- Warranties & Representation
14.1. The Company makes no Warranty or Representation of any kind, express or implied, as to the products included on the site nor as to the merchandise being sold to the Customer.
14.2. The Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free due to third parties and the nature of ecommerce.
14.3. The fullest extent permissible by applicable law, the Company disclaims all Warranties, Express of Implied, which extend beyond the description of the Products contained in these Terms and within the Website.
14.4. The Customer warrants they are acting;
14.4.1. In accordance with the Terms and Conditions set herein; including providing accurate information regarding payment details.)
14.4.2. In accordance with any and all applicable jurisdictional laws, regulations and statute; and
14.4.3. In accordance with generally recognised commercial practices and standards.
14.5. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
- Liability
15.1. All Users release MUCHA ADVENTURE, its officers and agents and each of them from any liability whatsoever arising from or connected with any participation directly or indirectly, in any MUCHA ADVENTURE event.
15.2. All Users release MUCHA ADVENTURE from all forms of loss resulting from any delay, cancellation or changing of date.
15.3. The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, Websites Terms of Service, Disclaimer Policies and Privacy Policies.
15.4. The Company will not be Liable for any consequential, indirect, incidental, special or punitive damages, including, without limitation, loss of profits, costs of cover, loss of business, or any similar or other damages, even if advised of the possibility of such damages, or for any claim by any third party, to the fullest extent permitted by law.
15.5. All those involved in the Website do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or products referred to on the Website.
15.6. The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
15.7. Nothing in these Terms shall operate to exclude or limit either party’s liability for:
15.7.1. Death or personal injury caused by its negligence;
15.7.2. Fraud; or
15.7.3. Any other liability which cannot be excluded or limited under applicable law.
15.8. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
15.9. Subject to this Clause, each party’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the Customer to the Company under these Terms, or such other amount as may be set out in the Specification.
15.10. The Company shall take out and maintain such insurance policies as may be set out within these Terms and Conditions.
15.11. Products on the Website should never be used in a professional manner or consider as a medical instrument in any capacity.
- Indemnity
16.1. All Users agree to indemnity MUCHA ADVENTURE, its officers and agents and each of them against any claims made against them by any other participant in an MUCHA ADVENTURE event where such claim arise from, either directly or indirectly, all Users participation, action or omission, whether negligent or otherwise, during an MUCHA ADVENTURE event.
- Intellectual Property
17.1. You must acknowledge and agree that the Website, regarding any software that may be used in connection, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, the Website, in whole or part.
17.2. You must acknowledge, understand and agree that all of the Companies, the Websites, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
17.3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all material it provides to the Customer. Use of this material is permitted only where expressly authorised by the Company but the Company hereby grants the Customer a non-exclusive licence of such Intellectual Property Rights for the purpose of operating the Company.
17.4. The Customer shall Indemnify MUCHA ADVENTURE against all damages, losses and expenses arising as a direct or indirect result of any action or claim in relation to any and all Intellectual Property rights held by MUCHA ADVENTURE and all other Rights and Third Party Rights held within these Terms.
17.5. The indemnities within this Clause are subject to the following conditions:
17.5.1. The indemnified party promptly notifies the indemnifier in writing of the claim;
17.5.2. The indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
17.5.3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
17.5.4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
- Complaints Procedure
18.1. All complaints should be directed to mich@muchaadventure.com. We at MUCHA ADVENTURE value your opinion and strive to solve your problem as fast as possible.
- Variation of Use
19.1. The Company reserves the right to make any changes on the Websites and to these Terms and Conditions at any time.
19.1.1. If the Company changes these Terms and Conditions, the Company will publish an updated version within the Website.
- Governing Law
20.1. This Agreement shall be governed by and construed in accordance with the laws and courts of Australia.