Terms of Service

Last Updated: March 15, 2023

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Aussie Adventures ("we," "us" or "our"), concerning your access to and use of the holodnaya-gorchitsa.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.

2. Use of the Site

2.1 Eligibility

By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18, you may only use the Site with the involvement and consent of a parent or guardian.

2.2 Site Access and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

3. Intellectual Property Rights

3.1 Site Content

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.2 User Contributions

By posting, uploading, or submitting any content to the Site, including but not limited to comments, feedback, and reviews ("User Contributions"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contributions in any media formats and through any media channels.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions.
  • All of your User Contributions do and will comply with these Terms.
  • Your User Contributions are not false, inaccurate, or misleading.
  • Your User Contributions do not violate any applicable law, regulation, or third-party right.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. You agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site.
  • Engage in unauthorized framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

5. Bookings and Payments

5.1 Booking Process

Any booking made through our Site is subject to availability and confirmation. A contract between you and us will only be formed when we confirm your booking and receive your payment.

5.2 Pricing and Payment

All prices displayed on the Site are in Australian Dollars (AUD) and include GST. We reserve the right to change prices at any time before a booking is confirmed.

Payment must be made in full at the time of booking unless otherwise specified. We accept major credit cards and other payment methods as indicated on the Site.

5.3 Cancellations and Refunds

Our cancellation and refund policy varies depending on the specific tour or service booked. Please refer to the specific terms provided during the booking process for each tour or service.

In general:

  • Cancellations made more than 30 days before the scheduled departure date may be eligible for a full refund minus an administration fee.
  • Cancellations made between 14-30 days before the scheduled departure date may be eligible for a partial refund.
  • Cancellations made less than 14 days before the scheduled departure date are generally not refundable.

We reserve the right to cancel tours due to insufficient participants, in which case you will be offered an alternative tour or a full refund.

6. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

8. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Your User Contributions;
  2. Use of the Site;
  3. Breach of these Terms;
  4. Any breach of your representations and warranties set forth in these Terms;
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

10. Electronic Communications

By using the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of Australia or the courts of the State of New South Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Australian Centre for International Commercial Arbitration, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Sydney, Australia. The language of the arbitration shall be English.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and us.

15. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

Aussie Adventures
42 Harbour Street
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8765 4321