Last updated on 25 February 2019.
These terms and conditions (Terms) govern your use of the DACA Tours website located at https://dacatours.com.au/ (Website) and our supply of services through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website (you, the Customer) and us, ABN 11 630 609 568 (DACA Tours, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase motorcycle tour services and related services through the Website (Services).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
1.USE OF THE WEBSITE
1.1ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws
You must not
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of DACA Tours;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;
- use, or attempt to use,the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of DACA Tours, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i)gaining unauthorised access to Website accounts or data
(ii)scanning, probing or testing the Website for security vulnerabilities;
(iii)overloading, flooding, mail bombing, crashing or submitting a virus to the Website; or
(iv)instigating or participating in a denial-of-service attack against the Website.
1.3INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content(defined in clause 1.4).
- DACA Tours retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from DACA Tours or as permitted by law.
1.5LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility.
- We have no control over the content of the linked websites and we are not responsible for it.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
DACA Tours does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
- (Limitation of liability) To the maximum extent permitted by applicable law, DACA Tours excludes completely all liability to any person for loss or damage
of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by DACA Tours.
All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010(Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, DACA Tours’ liability for breach of that non-excludable condition, warranty or guarantee will, at DACA Tours’ option, be limited to:
(i)in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify DACA Tours and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any goods or services provided by DACA Tours.
- (Consequential loss) Under no circumstances will DACA Tours be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by DACA Tours.