WEBSITE TERMS AND CONDITIONS

 

DATED: 26 October 2015

 

In these terms and conditions, “we” “us” and “our” refers to Kiet Nguyen trading as Powder Samurai (ABN 86 670 833 221), the owners and operators of this website (address: http://www.powdersamurai.com.au).  Your access to use all information on this website including purchase of our service/s is provided subject to the following terms and conditions.

 

We reserve the right to amend these terms and conditions at any time. Your use of the website after any amendments will represent your agreement to be bound by the amended terms and conditions.  We therefore recommend that each time you access our website you read these terms and conditions.

 

 

Our Website Services

 

1. By proceeding to access our website, you acknowledge that you are over 18 years of age.

 

2. All prices are in Australian Dollars (AUD) and are exclusive of GST, unless stated otherwise.  We endeavour to ensure that our price list is current.

 

User Conduct

 

3. Our website and services must not be used to conduct or facilitate unlawful activities, or accessed via any methods that are unlawful in your jurisdiction.

 

4. When using any communication methods provided by the website, you must ensure that the communication does not defame, harass, or cause other harm to another party, even if that party is not the recipient of the communication. You agree to indemnify us of any claims, damages, losses caused to another party as a consequence of your communication.

 

5. You must not attempt to gain unauthorised access to the website or any computerised system related to it. Unauthorised access includes, but is not limited to, access by: bypassing security mechanisms, exploiting flaws in software or hardware, signal interception, using another user’s security credentials without permission, or physical access without our explicit prior written consent.

 

6. We may report criminal misconduct to law enforcement authorities. You agree to indemnify us of all liability in connection with such termination and/or report.

 

Site Access

 

7. While we endeavour to take reasonable care in keeping this website up-to-date, we do not warrant the accuracy or completeness of its contents. In particular, you acknowledge and accept that the website content may include technical inaccuracies and typographical errors; and there can be reasonable delays between when changes are made to our products and services and when the website content is updated to reflect those changes.

 

8. Despite our reasonable efforts in maintaining access to the website, there may be times when the website is inaccessible or its performance is degraded. To the maximum extent allowed by the law, we accept no liability from any losses or damages arising from accessibility or performance issues of the website.

 

Hyperlinks

 

9. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

 

10. You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

 

11. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

 

12. When you visit our website, we give you a limited licence to access and use our information for personal use.

 

13. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

 

14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

 

15. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 

16. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any way without the respective rights-holder’s written permission.

 

17. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

 

18. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

19. All Intellectual Property rights extend to any works derived from the contents of our website.

 

Disclaimers

 

20. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.

 

21. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

 

22. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 

23. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material. We are not responsible for any errors or omissions in such material, or liabilities arising from their use.

 

Statutory Guarantees and Warranties to Consumers

 

24. Schedule 2 of the Competition and Consumer Act 2010, known as the Australian Consumer Law (“ACL”), prescribes certain rights and responsibilities of businesses and consumers in Australia. These include statutory guarantees which businesses must give to consumers.

 

25. More information regarding the ACL can be found at: http://consumerlaw.gov.au

 

26. You acknowledge and agree that we do not supply any flights, accommodation, health insurance, or tours. Such products and services are supplied by third-parties who may not fall under Australian legal jurisdiction and therefore are not bound by the ACL.

 

27. Our obligations to you under the ACL are limited to ensuring that the details of products and services advertised on our website are as accurate as reasonably possible, and to pass on to third-party providers accurate information from you for the purposes of booking your travel, accommodation, tours, and other services as requested by you.

 

28. All bookings we make with third-party providers are subject to the third-party provider’s own terms and conditions. We can provide you with copies of the relevant third-party provider’s terms and conditions on request.

 

Limitation of Liability

 

29. If you are not a consumer within the meaning of the ACL then this clause applies to you.  If you are a consumer within the meaning of the ACL then this clause has no effect whatsoever to limit our liability or your rights.  If you are not a consumer:-

 

   a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the re-supply of the services or payment of the costs of re-supply.

   b. We accept no liability for any loss whatsoever, including consequential loss suffered by you, arising from services we have supplied.

   c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.

   d. We do not participate in any way in the transactions between our users.

 

Indemnity

 

30. By accessing our website, you agree to indemnify and hold us faultless from all claims, actions, damages, costs and expenses, including legal fees arising from or in connection with your use of our website.

 

31.  In relation to any damage or loss you suffer arising from services provided by third-party providers, you agree to waive any claim against us for such damage or loss. Your legal rights in respect of such damage or loss is against the relevant third-party provider and not us. Circumstances in which such damage or loss may arise include, but are not limited to:

 

   a. Delayed flights.

   b. Loss of personal items on flights, in accommodation facilities, or during tours.

   c. Non-availability of transport or accommodation.

   d. Incorrect or improper handling of your information by a third-party provider.

   e. Injury or illness sustained during your travel.

 

32. You acknowledge and accept that it is your sole responsibility to research and comply with the laws and customs of the countries which you visit, ensure authenticity and retention of your travel documents, exercise safe behaviours while you travel, and abide by rules set by airlines, accommodation facilities, tour operators, etc. who provide services to you. We are not liable for any damage or loss you suffer as a result of your non-compliance with rules set by service providers, disobedience with a tour operator’s instructions, or due to any illegal or offensive activity by you. You acknowledge that we do not provide legal advice or travel advisories, and rely solely on your own research and professional or official advice you obtain from others.

 

Charges and Payments

 

33. All flights, accommodation, tours, and other products and services are subject to availability and can be withdrawn or varied without notice. All advertised prices may change without notice due to matters beyond our control – please contact us for up-to-date prices. Prices are only confirmed once you pay in full.

 

34. You may be required to pay a deposit for some products and services. We will advise you how much deposit is required. All deposits are non-refundable if you cancel or vary the purchased product or service, subject to your rights under the ACL.

 

35. Final payment for all products and services must be made no later than 6 weeks prior to your departure, unless otherwise stated. You acknowledge that some third-party providers will require payment prior to 6 weeks or immediately upon booking. You agree to make all payments as and when they fall due.

 

36. We accept payments by PayPal. PayPal payments incur a surcharge of 1% and you agree for us to draw the surcharge from your PayPal account. Our PayPal account identifier is: powderzamurai@gmail.com

 

37. If you are not making an online booking and wish to pay using cheques, then please note that cheque payments require approximately 5 business days to process. If paying by cheque, you must deliver us the cheque so that we will receive it at least 5 business days prior to the due date of the payment. You agree not to stop the payment of the cheque, even if you cancel a booking for which you are paying by that cheque. You must:

 

   a. Send any cheques to: 161 Milne Road, Modbury North SA 5092.

   b. Provide the following details with the cheque:

      i. your booking or purchase reference number, and

      ii. the name that the product or service is being purchased under.

 

38. For any payments by cash or bank transfer, you must deposit the amount into the following account:

 

Account name: Kiet Nguyen

Commonwealth Bank

BSB: 065-139

Account number: 1009 8688

 

39. You acknowledge and agree that if any payment is not cleared prior to your date of departure, then you will be refused access to the product or service for which payment has not been cleared. This may include inability to check into accommodation, join a tour, or being unable to obtain flight tickets.

 

40. All monies paid by you to us will be our property and will be a debt due and payable to third-party providers once the services for which the money relates have been provided (except for monies paid for flights with an IATA airline, which might be held on trust for that IATA airline, if required). You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you, and we may hold such monies in any account as we see fit, including with our own and/or other customers’ monies.

 

Cancellations and Changes

 

41. Cancelled bookings may also incur fees from third-party providers, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Such fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for such a fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the third-party provider, we will not provide a refund to you until we receive the funds from that provider.

 

42. In the event of any cancellation, you agree for us to charge (or retain from any monies to be refunded) $300.00 for our administrative costs.

 

43. In the event of any changes to bookings, you agree for us to charge (or retain from any monies to be refunded) $75.00 for our administrative costs.

 

Flights

 

44. You acknowledge that flight bookings are not confirmed until paid in full.

 

45. Airline and airport taxes apply to flight bookings. Such taxes are subject to change and are confirmed at the time your airline ticket is issued.

 

46. We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight.

 

Accommodation

 

47. Please note that your credit card will be required by accommodation providers upon checking in. The accommodation provider may take a deposit for incidentals from the credit card. Room configuration and location are mere requests only, and will be confirmed upon check-in, at the discretion of the accommodation provider.

 

Health Conditions

 

48. You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from the Department of Foreign Affairs and Trade (see: www.smarttraveller.gov.au).

 

Travel Advisories

 

49. We recommend that you contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with the Department of Foreign Affairs and Trade, so that you may be more easily contacted in an emergency.

 

Travel Documents

 

50. Travel documents include, but are not limited to: airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider.

 

51. Travel documents may be subject to certain conditions and/or restrictions including, but not limited to: being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees.

 

52. Travel documents cannot be transferred to another person to use.

 

53. All airline tickets must be issued in the name of the passport/photo identity holder.

 

54. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings.

 

55. If you have booked with a consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to departure, however this will depend on your individual arrangements. Please contact your consultant to confirm when your travel documents are ready for collection. You should print out and retain your travel documents as provided to you electronically.

 

Insurance

 

56. We recommend Bupa Travel Insurance.

 

57. In the event that you choose to take travel insurance cover with Bupa, you warrant that you:

   a. Have read and understood the product disclosure statement for Bupa Travel Insurance and Bupa’s privacy notice.

   b. Understand and accept your duty of disclosure for insurance contracts, and declare that all information you supply to Bupa is accurate and complete.

 

58. Regardless of which insurance provider you choose, you acknowledge that travel insurance policies may not automatically cover existing medical conditions and/or known pregnancies, and that some limits and policy conditions will apply, including for travellers aged 70 years or over.

 

59. You acknowledge and accept that you must have travel insurance policy which covers you for snow activities. If you do not have such cover, then we

can arrange for one at your own expense. You must provide evidence of current insurance cover for winter sports within 24 hours of the tour, or you will be refused from joining the tour and will be required to forfeit the tour with no refund. Snow activities include:

 

   a. Snowboarding or skiing:

      i. on-piste or off-piste within resort boundaries;

      ii. terrain park within a resort;

      iii. dry slope;

      iv. back country, outside of resort boundary, or alpine ski – must be accompanied by a qualified professional;

      v. by helicopter or snowcat – must be accompanied by a qualified professional.

   b. Bobsledding.

   c. Snow biking.

   d. Toboganning

   e. inflatable device riding (eg. Tyre tubes)

 

Force Majeure

 

60. We are not responsible for any loss arising out of any occurrences or conditions beyond our control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, industrial action, theft, delay, cancellation, civil disorder, disaster, environmental phenomena, Government regulations or changes in itinerary or schedule.

 

61. You agree that in the event that any events described in clause 60 occur, all payments are forfeited, unless the third-party provider affected by such events agrees to refund its fees.

 

Miscellaneous Matters

 

62. All photographs or videos taken during a tour by your tour guide become our property, and you consent to the use of such photographs and videos by us for marketing purposes, including publication in social media and media-sharing websites such as Facebook, Flickr, g+, Youtube, Tumblr, Twitter, Pinterest, Reddit and Instagram.

 

63. Please liaise with your consultant regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.

 

64. When booking with one of our consultants, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier will credit you with points for your booking.

 

Jurisdiction

 

65. These terms and conditions are to be governed by and construed in accordance with the laws of the state of South Australia in Australia. Any claim made by either party against the other which in any way arises out of these terms and conditions, will be heard in South Australia and you agree to submit to the non-exclusive jurisdiction of South Australian Courts.

 

66. If any provision in these terms and conditions is invalid under any law, those provisions will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

 

67. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

68. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. By agreeing with these terms and conditions, you also acknowledge and accept our privacy policy.