OVERVIEW
By using https://reefencounters.com.au, referred to as the “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service and Disclaimers. The terms “we,” “us,” and “our” refer to Reef Encounters Pty Ltd (the “Company”), owner of https://reefencounters.com.au. Accessing this Site constitutes a use of the Site and an acceptance to the Terms and Disclaimers provided herein.
By using the Site, you agree to these Terms of Service and Disclaimers, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service and Disclaimers or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service and Disclaimers on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms with the modifications.
SITE USE
To access or use the Site, you must have the requisite power and authority to enter into these Terms of Service.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
CHARTER OPERATION TERMS & CONDITIONS
WEATHER
We monitor the weather regularly across multiple sites in the lead up to all charters and will contact you approximately 3-4 days prior to your tour if conditions are not looking acceptable to operate. Whilst we endeavour to provide as much notice of cancellation as possible, the weather can be highly changable and, at times, last minute calls can be made. We encourage you to let us know if you require a specific amount of notice of cancellation due to travel committments etc. If Reef Encounters Pty Ltd cancels your charter due to adverse weather conditions then all monies paid are fully refundable or transferrable to an alternate date.
BOARDING ACCESSABILITY
Our tender boat is launched from the beach, requiring clients to remove their shoes and step into the water to board. Long clothing may also risk becoming wet if not rolled or pulled up. Clients are required to have a level of mobility that allows them to climb into the tender boat and then board the vessel from the tender via a boarding platform and steps. Some swell may be present when boarding or disembarking the tender.
MINIMUM OPERATING NUMBERS
All charters must meet minimum numbers (or equivalent minimum charge) in order to operate. If these numbers are not met, the charter will not proceed and you will be entitled to a full refund or credit. We will always endeavour to fill the boat to the maximum of 12 people for each charter unless an exclusive use agreement is made in writing.
DEPARTURE POINT
We primarily operate out of Pondalowie Bay in Dhilba Guuranda-Innes National Park. You will be advised at least 24 hours beforehand if the departure point is changed to Marion Bay. If departing from Pondalowie Bay you will be required to meet on the beach near the boat ramp in the Pondalowie Fisherman’s Village; please allow 30 minutes to travel to Pondalowie Bay from Marion Bay. As you will be entering the National Park, you are required to purchase a Parks Pass online. No hard copy is required to be printed. If departing from Marion Bay please meet in the Marion Bay boat ramp car park 5 minutes before departure time.
SEASICKNESS
Motion sickness can be a problem for some people, we recommend you seek advice if you feel you may be susceptible. Unfortunately, unless all persons on board are in mutual agreement, we are unable to return clients suffering from seasickness to the beach earlier than scheduled.
CANCELLATION POLICY
We must be advised immediately if there is a reduction in original booking numbers and/or you wish to cancel your charter entirely. Upon notification by you, we will attempt to fill the remaining spot(s). If we cannot fill the spot(s) the relevant cancellation fee will apply.
Cancellations made more than 14 days prior to your charter date are eligible for a full refund. Alternatively, any monies paid can be transferred to an alternate mutually convenient date. Cancellations made less than 14 days but more than 7 days prior to your charter date will result in the loss of your deposit in it's entirety. Cancellations made less than 7 days prior to your charter date, or no-shows on the day, will result in a loss of 100% of the charter cost.
COVID-19
Please note that our standard cancellation policy, as noted above, also applies for cancellations due to COVID-19. Reef Encounters Pty Ltd no longer offers free refunds for COVID-19 related cancellations.
ADDITIONAL TERMS & CONDITIONS
REEF ENCOUNTERS PTY LTD INTELLECTUAL PROPERTY
The Site contains intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property, as well as the Reef Encounters name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
DISCLAIMERS
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this Website and/or other Content, including but not limited to blog, email, videos, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
The Company may provide the User with information relating to third-party products and/or services that the Company believes might benefit the User, but such information is a recommendation only. The Company is not liable for any adverse effects or consequences that may result, either directly or indirectly, from any recommendations provided. User agrees that these are only recommendations and the Company will not be held liable for the products and/or services provided by any third-party to the User. Should the Company be an affiliate for any product and/or service and receive a commission, this information will be disclosed at the point of purchase.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Reef Encounters Pty Ltd is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if reef encounters pty ltd has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of South Australia within Australia, regardless of the conflict of laws principles thereof.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Reef Encounters Pty Ltd pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service or Disclaimers, please email info@reefencounters.com.au.
Effective as of: June 2022