TERMS OF USE & SERVICE AGREEMENT

Delectable Tours Terms of Use & Service Agreement

AGREEMENT

In Using This Website or Purchasing Services From Delectable Tours You Are Deemed To Have Read And Agreed To The Following Terms And Conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Delectable Tours. “Party”, “Parties”, or “Us”, refers to both the Client and Delectable Tours, or either the Client or Delectable Tours. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by experience services, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Delectable Tour’s stated services, in accordance with and subject to, prevailing Australian Law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated.

All users of this website must be over 18 years of age to purchase Delectable Tours’ services online.

Delectable Tours is owned by Jamie-Lee Howard ABN 54 337 216 454.

Privacy Statement

We are committed to protecting your privacy. Authorised employees with Delectable Tours on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than suppliers if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Delectable Tours will only be in connection with the provision of agreed services.

Disclaimer

The information on this website is provided on an “as is” basis and while every care is taken, Delectable Tours does not guarantee the accuracy of the information contained within this website. The information available through this website is provided for educational and marketing purposes only. Delectable Tours’ services and those of other businesses mentioned on this site do change over time, and this may affect previous content not yet updated on the Delectable Tours website.

To the fullest extent permitted by law, Delectable Tours does, however, exclude liability for death or personal injury caused by its negligence of services. This company is also not liable in any part for the food and beverages that are provided by the venues on any of its services. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Limited Liability

Delectable Tours will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

Engage in any internal or external spamming, or other similar actions
Engage in any unlawful or immoral acts or acts which are in violation of these Terms and Conditions
Try to copy or imitate this website or underlying content

Personal Use Only

Permission: You may access, download, or print material from the website for your personal use only.Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Delectable Tours. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to Delectable Tour’s website content or our intellectual property.

Availability

Unless otherwise stated, the services featured on this website are only available within Australia. You are solely responsible for evaluating the fitness for a particular purpose of any services, downloads, programs and text available through this site.

The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Delectable Tours, its employees, and agents against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Delectable Tours on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links To This Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links From This Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to Delectable Tours’ services and the full content of this website. Please email jamielee@delectabletours.com.au if you require permission to reproduce any of the contents of this website.

Communication

We have one main email address for different queries jamielee@delectabletours.com.au

This and other contact information can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number.

General

The laws of Australia govern these terms and conditions. By accessing this website and buying our services you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of Delectable Tours to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Delectable Tours.

Notification Of Changes

Delectable Tours reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

If there are any changes to our privacy policy, we will announce that these changes have been made on our homepage and on other key pages on our site.

If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Delectable as a result of this agreement or use of this website.

Service only Terms and Conditions

Payment

Cash or Direct Debit and payment via PayPal are all acceptable methods of payment. Our Terms are payment in full at the time of making a booking for individual and small group bookings (under 6 people). For group tours of 6 or more, 50% of the total group cost will be required to secure your booking. The remaining 50% is due 7 days prior to your booking date. All goods remain the property of the Company until paid for in full and an experience will not be provided without full payment.

Cancellation Policy

Bookings cancelled 7 days or less prior to a tour will incur a 50% cancellation fee, and therefore only 50% of the booking payment will be refunded. More than 7 days notice of cancellation is required for a full refund. Notification for instance, in person, via email, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a  100% fee of the total amount where cancellations are made less than 48 hours before an experience was scheduled to start.

Tours rescheduled within 48 hours or less of the original booking will incur a $50 change fee. Tours rescheduled prior to this time will not incur a fee.

Tour Changes

If you would like to make any changes to a tour, a $50 fee will be applied for each time you make a change after paying the deposit or paying for the tour in full.

Termination Of Agreements And Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

This company’s office is 1/5 Pratt Street, Enoggera, QLD 4051.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

© Delectable Tours 2018 All Rights Reserved