Tjapukai Terms & Conditions
1. Acceptance of terms
- Tjapukai Aboriginal Cultural Park recommends that you read all of the Terms.
- By browsing, accessing or using the website or making a booking, you indicate your acceptance of the Terms and any other conditions specified from time to time.
- If you do not agree to be bound by the Terms, please do not use our website or make a booking request, and please cease using our website.
1.2 Use of website or services
As a condition of your use of the website or Tjapukai Aboriginal Cultural Park’s services (as applicable), you warrant that:
- you will only use the website or services in accordance with these Terms and applicable laws;
- you are at least 18 years of age and capable of entering into a binding legal agreement;
- you must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the website or the servers or networks that host the website;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the website; or
- interfere (or attempt to interfere) with security-related or other features of the website;
- all information you supply to us is true, accurate, current and complete; and
- you must not link to our website or any part of our website in a way that damages or takes advantage of our reputation, including but not limited to in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us that you do not have; and
- you will not use the website in a manner that may damage, disable, overburden or impair the website or interfere with any other person’s use and enjoyment of it.
2.1 Booking Conditions
- Representations of services (including tour & activity services) for booking or purchase on the website do not constitute an offer to sell, but instead an invitation to treat.
- When making a booking, you must follow the instructions on the website as to how to make your booking and for making changes to your booking before you submit it, including providing us with:
- your full name and (if applicable, company name);
- your address and any billing address (if different from your usual address);
- your contact phone number and email address.
- After you make a booking request, you may receive a confirmation email from us. This email is only an acknowledgement that your request has been received, and will not constitute acceptance of your booking request.
- A contract for the provision of tours, activities or other services will only be formed on the happening of all of the below:
- you make a booking request through our website, phone or other channel;
- you confirm the details of your booking request in accordance with the procedures on our website;
- we accept your payment in full of any amounts required to be prepaid (if any), and in accordance with these Terms; and
- you receive an email from us notifying you that your booking request is accepted.
- Tjapukai Aboriginal Cultural Park may in its sole discretion refuse to accept your booking request, refuse to process a booking, or may cancel your booking for any reason, including:
- unavailability of the requested tour, activity or other services;
- an error in the advertised price for, or description of, the requested services;
- your booking request does not comply with these Terms;
- you have breached or are likely to breach these Terms;
- you have committed (or are likely to commit) any act that is likely to inconvenience other guests, is unlawful, does or would cause disruption to public order or morality, or which may bring the reputation of Tjapukai Aboriginal Cultural Park into disrepute;
- you have caused damage or disruption to the Tjapukai Aboriginal Cultural Park, its property or guests on a previous visit /or have been evicted by other servicce providers for the same or similar reasons;
- Tjapukai Aboriginal Cultural Park is unable to provide the requested tour or activity due to circumstances outside of our control, including natural disasters or malfunction of facilities; or
- any other lawful reason.
- If your booking request is not accepted for any reason, or your accepted booking is cancelled in accordance with clause 2.3, we will refund your payment on the terms in that clause.
If you have any enquiries about the progress of your booking, please email Tjapukai Aboriginal Cultural Park on firstname.lastname@example.org.
- All fees and charges are in Australian dollars, and quoted rates are subject to change at any time without notice until full payment is received.
- Your credit card details will be required to secure bookings.
- All credit card payments incur a non-refundable 2% surcharge.
2.3 Booking Cancellation
- We may accept a request to cancel your booking, provided you give us written notice of the cancellation to email@example.com not less than 24 hours before your booked visit date. We cannot guarantee that we will be able to cancel your booking in accordance with your request.
- An Administration Fee of $AUD2.50 will be charged for all cancellations, in addition to any Cancellation Fees that apply.
- Bookings cancelled greater than or equal to 24 hours prior to your booked date will only incur the Administration Fee.
- Bookings cancelled within 24 hours of the visit date will incur a Cancellation Fee of 100% of the total booking package cost, in addition to the Administration Fee.
- No shows and cancellations after arrival will be subject to a 100% Cancellation Fee.
- Any Cancellation Fees payable by you will be deducted from any monies prepaid by you to Tjapukai Aboriginal Cultural Park and if insufficient funds are available, Tjapukai Aboriginal Cultural Park may charge, and you authorise Tjapukai Aboriginal Cultural Park to charge, the credit card the details of which you provided at the time of making your booking or upon arrival (as applicable).
2.4 Unaccompanied Minors
- All visitors under the age of 18 must be accompanied by a responsible adult such as a parent, stepparent, guardian or other adult who has parental rights and responsibilities for the under 18 year old guest.
- If a visitor is found to be a person under the age of 18 who is not accompanied by a responsible adult, Tjapukai Aboriginal Cultural Park may immediately cancel the visitor’s booking and the full booking amount will be forfeited to the Tjapukai Aboriginal Cultural Park under this clause.
2.5 Third party products or services
- From time to time, third party products or services are sold together with tours and activities provided by Tjapukai Aboriginal Cultural Park. The third party is entirely responsible for supplying the products or services to you and any involvement Tjapukai Aboriginal Cultural Park has in processing or facilitating your booking for the third party service is as the third party's agent. Tjapukai Aboriginal Cultural Park is in no way the supplier of the products or services, and to the extent permitted by law Tjapukai Aboriginal Cultural Park accepted no responsibility or liable for any failure by the third party to provide the products or services, nor for any act, error, omission, default or negligence of the third party.
- All third party coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those third parties.
- Tjapukai Aboriginal Cultural Park does not warrant the accuracy of any information, statements or representations made by third parties.
2.6 Eviction & Termination
Tjapukai Aboriginal Cultural Park may evict you in any of the circumstances described in clause 2.1(e), in which case you must immediately vacate the premises. The manager will undertake whatever is necessary to enforce the eviction and removal of your personal property.
Use of this Website
Pursuant to this licence and subject to the absolute right of Tjapukai Aboriginal Cultural Park to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
- View the material in the website.
- Access material contained in the website.
- Use the website strictly in accordance with the provisions of this licence.
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so only for your personal use.
However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from Tjapukai Aboriginal Cultural Park, and upon payment of any fee required by Tjapukai Aboriginal Cultural Park to be paid by you for that use.
3.2 Your Obligations
You hereby undertake the following obligations:
- To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Tjapukai Aboriginal Cultural Park, except as expressly authorised by these Terms.
- To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the Terms.
- To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Tjapukai Aboriginal Cultural Park.
- To not use the material in the website for, or in connection with, a service bureau operation.
Tjapukai Aboriginal Cultural Park does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause Tjapukai Aboriginal Cultural Park to be in breach of these Terms.
Tjapukai Aboriginal Cultural Park reserves the right to change, add or remove any material in or from the website without notice.
Tjapukai Aboriginal Cultural Park does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.
You agree to release, indemnify and hold harmless, Tjapukai Aboriginal Cultural Park, its related bodies corporate, its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your visit to Tjapukai Aboriginal Cultural Park except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Tjapukai Aboriginal Cultural Park's negligence or wrongful act/omission.
4.2 No implied terms
Subject to clause 4.4, to the extent permitted by law, all implied terms are excluded. If any statute implies terms into these Terms which cannot be lawfully excluded, such terms will apply, save that the liability of Tjapukai Aboriginal Cultural Park for breach of any such implied term will be limited in accordance with this clause 4.
4.3 Limitation of liability
- Subject to clause 4.4, to the extent Tjapukai Aboriginal Cultural Park is held liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), then Tjapukai Aboriginal Cultural Parks cumulative liability will be limited, at the option of Tjapukai Aboriginal Cultural Park, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services, not to exceed the amount in clause 4.3(b).
- The payment of the cost of having the goods repaired or the services performed again, not to exceed the amount in clause 4.3(b).
This limitation of liability extends to loss, damage or personal injury caused directly or indirectly by your access to or inability to access the website and your reliance on any information provided on the website, even if we have been advised of the possibility of such damages or injury.
b. Our cumulative liability to you in the aggregate (to the fullest extent permitted by law) will not exceed the higher of $100 or the invoiced amount for the relevant product(s) or services.
4.4 Australian Consumer Law
To the extent the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies to Tjapukai Aboriginal Cultural Park’s supply of goods or services to you, the following provisions will apply:
Tjapukai Aboriginal Cultural Park’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
4.5 Consequential loss
To the maximum extent permitted by law, Tjapukai Aboriginal Cultural Park (and its related bodies corporate) will not be liable (whether in contract, tort, statute or otherwise) for any indirect, consequential, incidental, special or exemplary losses or damage of any kind, or for any loss of profits, revenue or opportunity arising out of a breach of this licence, or out of the supply of a defective program or incorrect materials, or otherwise in connection with these Terms, your use of the website or reliance on any information contained in this website, or use of any linked website, however caused, even if we have been advised of or should have known the possibility of such damages.
You must indemnify and keep Tjapukai Aboriginal Cultural Park indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Tjapukai Aboriginal Cultural Park may incur to a third party or you as a result of your breach of the provisions of these Terms.
4.7 Your acknowledgement
When deciding to use the website or make a booking request, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Tjapukai Aboriginal Cultural Park which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Tjapukai Aboriginal Cultural Park (which material may be out of date or superseded).
5.1 Intellectual Property Rights
- 'Tjapukai Aboriginal Cultural Park', all associated logos, taglines, trade marks and other intellectual property rights used on the website are owned by Tjapukai Aboriginal Cultural Park, its related bodies corporate or their licensors.
- The website contents are protected under the Copyright Act 1968 (Cth) and international copyright and other laws governing the protection of Intellectual Property Rights. You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this website generally; or
- commercialise any works or other subject matter, information, products or services obtained from any part of this website;
- without Tjapukai Aboriginal Cultural Park’s prior written permission.
- You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.
- This website may contain hyperlinks to other websites operated by third parties. You accept that Tjapukai Aboriginal Cultural Park has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.
5.3 Subscription Services
Subscribers to services of the website, if any, may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.
Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation.
Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, Tjapukai Aboriginal Cultural Park may immediately suspend or terminate a subscriber's subscription without notice.
You accept that Tjapukai Aboriginal Cultural Park takes no responsibility for any error or omission relating to the material contained in the website.
You accept that Tjapukai Aboriginal Cultural Park makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Tjapukai Aboriginal Cultural Park will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
Termination pursuant to this clause shall not affect any rights or remedies, which Tjapukai Aboriginal Cultural Park may otherwise have under this licence or at law.
5.6 Amendments to these Terms
The current Terms are those are posted at www.tjapukai.com.au from time to time.
Tjapukai Aboriginal Cultural Park may at any time vary and amend these Terms by publishing the varied Terms on the website. The amended Terms take effect upon publication to the website, and you acknowledge and agree that your use of the site or services signifies your acceptance to be bound by the Terms as amended.
Failure or neglect by Tjapukai Aboriginal Cultural Park to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Tjapukai Aboriginal Cultural Park under this licence.
These Terms shall be governed by and construed according to the laws of the state of Queensland, Australia.
’Related body corporate’ has the meaning given in the Corporations Act 2001 (Cth).
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property Rights' means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, know-how, patents, inventions and discoveries, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Tjapukai Aboriginal Cultural Park websites and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
These Terms & Conditions (Terms) are current on and from 10th January 2020.