Terms of service

Section 1 – About this website

This website is operated by The Fun Addicts. Throughout the site, the terms “we”, “us” and “our” refer to The Fun Addicts. The Fun Addicts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store uses the WooCommerce Wordpress plugin created and provided by WooThemes. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 2 – Your consent

By visiting our site or our social media channels, posting comments about us in any forum, providing any personal information to us, making enquires with us for tour or event services, creating an online account or purchasing any services from us, you confirm that you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Section 3 – About us

This is the private policy of FUN ADDICTS PTY LTD ABN 57 610 614 018. We are incorporated under the laws of Victoria. Our registered office is Level 2, 116 Hardware St, Melbourne VIC 3000 AUSTRALIA.

Section 4 – Contacting us

Please contact us if you have any questions about our privacy policy or about how we process your information, including any complaints, either by e-mail to info@thefunaddicts.com or by post to Fun Addicts Office, located at Level 2, 116 Hardware St, Melbourne VIC 3000 AUSTRALIA.

Section 5 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

For our +18 events all patrons must carry a valid proof of age ID, which in Australia means:
– Australian or foreign Passport

– Australian Driver’s License

– Victorian learner permit

– Proof of age card or an equivalent from another state or territory of Australia
– Keypass card
In case of not presenting one of the previously mentioned we can’t guarantee the access to the venue / event.
Student cards, copies of Passports and foreign Driver’s licence are not a valid form of identification in Victoria, Australia

Minimum age to join our tours is 5 years old, and all children must be accompanied by an adult.

Pets are not allowed on our buses.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 6 – Our commitment

We respect your right to privacy and we aim to make sure you have a good experience with us. We understand that you care about how we use your personal information so we want to share with you the practices and policies we have adopted. This way you can feel confident about how we handle your personal information that you entrust to us.

Section 7 – Who our privacy covers

Our privacy policy sets out how we process personal information relating to individuals who are booking or enquiring about booking services with or through us or who are the recipients of any services booked with or through us (e.g. you are the passenger for a booking or booking enquiry made by someone else for you), or who are customers or potential customers or recipients of services that can be booked with or through us.

Section 8 – What laws we comply with

Privacy Laws:
We process your personal information in accordance with the following privacy law(s): the Australian Privacy Principles contained in the Privacy Act, 1988 which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. Our regulator is the Office of the Australian Information Commissioner (OAIC) (http://www.oaic.gov.au/)

Other Laws: We also comply generally with the laws of Australia in relation to the processing of your personal information, and not any other laws.

Section 9 – What types of personal information we process

 

This section summarises the types of personal information about you that we process:

Information concerning you as an individual:
This includes name, age, photograph, gender, address, telephone, mobile, fax, e-mail, social networking contact details, proofs of identity and address, payment details, and financial information, and travel insurances held, and any other information provided to us by or in relation to you which concern you as an individual.

Sensitive Information:
In some instances it may be necessary to collect “sensitive information”, such as your religion and details of medical, dietary, mobility or factors relevant to your booking. As we are required by law to obtain your consent to the collection of “sensitive information”, we will assume, that when you provide such information to us, you have consented to our collection and use of it In accordance with this policy.

Business related information:
If you are an individual associated with a business or other organisation that is our customer, then your personal information may include the following information that we link to you: business or organisation details (such as name, address, telephone numbers, payment arrangements, financial information, etc.), your relationship with that business or organisation (such as owner, partner, director, shareholder, employee, or agent), and your contact details within that business (such as work address, work telephone and mobile numbers, work fax number, and work e-mail address).

Enquiry and booking information:
Information concerning enquiries and bookings made with or through us for travel services, including where you are making the enquiry or booking or are the recipient of the travel services to which the enquiry or booking relates. This information may include: records of enquiries and searches for holiday and travel products made by or on your behalf, details of your personal interests, needs and other information relevant to your enquiry; details of the passengers / holidaymakers travelling; details of the provider of the travel services (e.g. tour operator); dates and times of travel; price; payment details (including card details); passport information and visa information; foreign exchange requirements and arrangements; and sensitive information such as health, medical, dietary, mobility, disability, religious or other special conditions or requirements.

Survey Information:
Information collected or generated out of any surveys we conduct.

Feedback and user generated content (UGC):
Information or content provided by you in relation to your feedback or experience on a past current or future trip with us.

Competition information: any information generated out of any promotions or competitions we run.

Account, Registration and Loyalty Information:
Information concerning any accounts, registrations, or memberships with us, or participation in any loyalty program.

Correspondence:
Messages and communications, including between you and us, or between us and third parties, relating to any booking or booking enquiry, or event of any contract.

Social Media:
Any information (including your user details, feedback, comments and photos) you post on our social media page or any forum or site which relates to us.

Website usage information:
We may collect information about your visits to, browsing of, and use of our website, unless your web browser blocks this. The range of information we collect will depend on how you interact with our website.
This information may include: your IP address; your computer device details (PC, tablet, smartphone, watch etc.); the make and version of web browser you are using; your operating system; your time-zone; your browser plug-ins; any web-page you came from, identified as the referrer web page address by your web browser; cookies; page response times; download error; pages and parts of pages you visit; usage you make of our website, including enquiries and searches undertaken, and registrations for accounts, forums etc.; services and products you viewed; length of visit to website and pages; page interaction information (such as scrolling, keys pressed, mouse clicks, touches, and mouse-overs).

Section 10 – How we collect your personal information

This section sets out the ways in which we may collect or generate personal information concerning you.

Visiting our website:
By entering and using our website you or your computer might provide personal information (this includes:  information which is automatically provided by your browser to our servers; information record on our web servers about your interaction with our website and pages viewed; information we capture or place on your computer or generate using cookies or other technologies on our website; and information you input into forms and fields on our website).

Information you provide:
Your personal information will include information you provide (or later amend), whether: from correspondence with you; verbally to us over the phone or in person; by filing in any field or form on a website; by posting on our social media channel; by posting on any forum referencing us; by filling in any printed form we provide you with; by e-mail; from documents you provide use with; and from updates to any information to provide from time to time. This includes when you: register or subscribe for any service, account, members, or loyalty program, or make an enquiry or booking for a event or other services whether in person, by phone, through our website or otherwise; send us your comments or suggestions; subscribe to any newsletter or other publication; and request sales and advertising information, including brochures.
If you do not provide us with your personal information we will be unable to provide you with information or book services for or on your behalf.

Information obtained from third parties:
We may obtain personal information concerning you from third parties, including from: people making enquiries or bookings on your behalf, other services which are enquired about or booked, and their intermediaries; credit, fraud, identity and other searches we may undertake, including searches with public records and regulatory and private organisations; from any business or organisation you are associated with; from telephone numbers identified by the telephone system when you telephone us.

Information generated by us:
We and any suppliers or sub-contractors working for us may generate personal information relating to you, including in connection with responding to and dealing with any enquiry, booking or complaint; or in performing any booking or other contract with you; or through the analysis of your personal information or information gained from your use of our website. We may record telephone calls with you.

Section 11 – Personal information

 This section sets out the uses which we make of your personal information:

Operate our website:
To operate and provide the search, booking, accounts, review, forums and other services, facilities and functions of our websites.

Provide information and respond to enquiries:
To provide information to you about our website, systems and services, including to respond to booking enquiries and searches for tours and events, and to keep you updated.

Bookings and other contracts:
To enable you to make bookings, and to fulfill, provide, perform, administer, manage, and enforce all bookings, orders, and other contracts which relate to you (including if you are a passenger in a booking made by someone else), and to process any transactions authorised or made with us which relate to you.

Payments: To collect and make payments due and administer our accounts.

Communication with customers:
To communicate with you concerning any enquiries, bookings, services provided, problems and complaints, and to respond to any submissions, enquiries or requests from you.

Record Keeping:
To keep internal records and maintain reasonable archives, including concerning as to enquiries, bookings, contracts, services, and complaints.

Manage and Improve our business:
To analyse, audit, provide, operate, administer, maintain and improve our business, website, systems, and services; to carry out surveys and analyse the results; to run promotions and competitions; undertake product or customer research/development; to assist us in and help us to improve our sales, editorial, advertising and marketing processes; to carry out other business development and improvement activities; and to provide training to our staff, sub-contractors and suppliers.

Direct marketing: To carry out direct marketing to you. See next section below for further information.

User Generated Content (UGC)

Use of Reviews:
By submitting content to our website by electronic mail, postings on our website or otherwise, including any reviews, questions, comments, suggestions, ideas, photos or the like contained in any submissions (collectively, “Submissions”), you grant Fun Addicts and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

Use of User Generated Content (UGC):
By submitting content to our social media channels or websites you grant us a non-exclusive license to use the content you add to our websites. For example, we may use this information in any of our brochures or for our campaigning purposes or marketing materials.

Advertising
To report aggregate information concerning usage of our websites to our advertisers. We normally create anonymous statistical information about browsing actions and patterns, and do not identify any individual.
Legal obligations:
To meet our legal obligations.

Anything you have specifically consented to:
Any purpose for which we have obtained your consent.

Section 12 – How third parties will handle your personal information

Where we provide your personal information to a third party one of the following two circumstances will apply:

Processing on our behalf: In some cases, your personal information may be held and otherwise processed by them on our behalf, in which case we will remain responsible for what they do with your personal information, and your personal information will only be held and processed by them in accordance with our instructions and this privacy policy.

Processing on their own account: In other cases, your personal information may need to be provided to them to be held and processed by them in their own right and on their own account. In such case, they will have their own responsibility for that personal information, subject to their own privacy policy, and we will not be responsible for what they do with it following disclosure.

Section 13 – How long do we keep your information for

We keep your personal information for so long as is reasonably necessary for the purposes for which we use it, and if longer, for any duration required by law, and for statutory claims limitation periods where your personal information may be relevant to any possible liability we may have to you.

Section 14 – Your rights

Our privacy policy is not intended to create a contract or form part of any contract. You have certain non-contractual rights under the laws noted above, which we summarize below. If you contact us about these rights, we may ask for proof of your identity before we act, and may refuse to act if you do not provide this or your identity is not established by you.

Access to your personal information:
We will, on written request, provide you with access to information we hold about you, including for the purpose of correcting or updating such information, unless there is an exception which applies under the Privacy Act, 1988. Your request for access will be dealt with in a reasonable time and we may recover from your our reasonable expenses incurred.
If we refuse to provide you with access to information we hold about you, we will provide reasons for such refusal and inform you of any exceptions relied upon under the Privacy Act, 1988.

Correction of inaccuracies:
We take reasonable steps to ensure that the personal information we hold about you is, whenever we collect or use it, is accurate, complete and up-to-date.
If the information we hold is inaccurate, incomplete or out-of-date please update your details on our website (if possible) or contact us and we will take reasonable steps to either correct it, or if necessary, discuss alternative action with you.

Complaints to applicable authority:
The laws we comply with are regulated by the Australian Information Commissioner. In addition to your rights above, it is open to you, if you have a complaint or concern, to seek assistance from such government regulator. However, before you do so, we would hope that you will contact us first to discuss any complaint or concerns you have.
For more information on privacy, you can contact the Australian Information Commissioner’s hotline on 1300 363 992 or if outside of Australia + 61 2 9284 9749, or visit the Office of the Australian Information Commissioner website at http://www.oaic.gov.au/.

Section 15 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Creative commons: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) for any content including: pictures, text, logos, etc that you may find on our website or other platforms (facebook, twitter, eventbrite, meetup, spotify, youtube) that belong to Fun Addicts PTY LTD.

Section 16 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 17 – Modification to this privacy policy, services and prices

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 18 – Applicable law and disputes

This policy is subject to the law of Australia. You may obtain further information regarding privacy issues in Australia by visiting the Australian Information Commissioner’s website at www.oaic.gov.au/

Section 19 – Linked websites

Certain content, products and services available via our Service may include materials from third-parties (example, Skydiving Experience, Kite Surf, Stand Up Paddle,…).

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 20 – Travel Insurance

We endorse the recommendation of the Department of Foreign Affairs and Trade that all travellers take out travel insurance. It is your personal responsibility to purchase your own travel insurance to cover any liability which may be incurred to us or a Service Provider and other travel misadventures that you wish to be insured against. We recommend that you source travel insurance with a low excess payment, to make claiming on cancelled tours worthwhile.

Section 21 – Service providers

We endeavour to package tours that will meet your expectations. However, we take no responsibility for any matters that arise with regard to or during individual tours arrangements with individual Service Provider. We appreciate your feedback, whether complaints. compliments or suggestions. However, to the extent permitted by law we will not be responsible to you for any loss, expense or damage that you may suffer during any particular tour, event or activity no matter the cause. These matters are responsibility of each individual Service Provider and you agree that you will not hold us liable in any such circumstance.

Section 22 – Disclaimer of warranties; limitations of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Fun Addicts , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 23 – Indemnification

You agree to indemnify, defend and hold harmless The Fun Addicts  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 24 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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