Terms and Conditions
Please read these terms carefully as they control the way you can and must not use our Marketplace. These terms also describe your obligations when using our Marketplace. Among other things, these terms set out limitations of our liability.
1.1 Certain terms in these Terms start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the body of these Terms.
1.2 The following definitions apply to these Terms:
‘Booking’ means the booking of an Experience by you via the Marketplace, which is deemed accepted upon your payment of the Experience Fee;
‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available on or in relation to our Website and Social Media (including from our partners, affiliates, related service providers and other third-parties), including without limitation:
- text, contact details, documents, reports, papers, articles, comments;
- graphics, images, logos and photographs;
- sound files and music;
- other recordings, including video and live feed;
- software or code;
- Indigenous Cultural and Intellectual Property (ICIP);
- websites, social media, applications;
- links, posts, advertising, communications;
- other products or services.
‘Experience’ means the tour, product or service offered by an Operator via the Marketplace.
‘Experience Fee’ means the price of each Experience including Taxes.
‘Indigenous Cultural and Intellectual Property’ or ‘ICIP’ means Australian Aboriginal and Torres Strait Islander peoples’ rights to their heritage. Heritage comprises all objects, sites and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Aboriginal or Torres Strait Islander group or its territory.
‘Intellectual Property (IP)’ means copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how, confidential information, all rights under any legislation relating to the protection of computer programs, circuit layouts and all other intellectual property as defined by Article 2 of the 'Convention Establishing the World Intellectual Property Organisation’ dated July 1967.
‘Malicious Computer Program’ means files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Website or Social Media, content on either, our property or the property of other individuals or organisations.
‘Operator’ means the business who provides Experiences that are offered via the Marketplace.
‘Operator Cancellation and Refund Policy’ means the terms and conditions, set by the Operator, which deal with cancellations, refunds and related matters in relation to an Experience.
“Payment Method” means a financial mechanism that used to make payments for Bookings, such as a credit card, debit card, or PayPal account.
‘Taxes’ means any applicable taxes, including GST, tourist or other visitor taxes that apply to the Experience.
‘Third Party Material’ means Content, data, information, applications, services, websites and materials from, incorporating, linked or connected to third parties (including our partners, affiliates and related service providers).
2. Acceptance of Terms and Conditions
2.1 The Welcome to Country Marketplace is owned and operated by Welcome to Country Ltd ABN 58 636 110 846 (Welcome to Country, we, our or us). By accessing and/or using our Marketplace, you agree to bound by these Terms.
2.2 Use of our Marketplace is entirely at your own risk. You must only use the Marketplace in accordance with these Terms and any applicable law. You should immediately cease using our Marketplace if you do not agree to these Terms.
2.3 These Terms also govern updates, upgrades and new and amended versions of the Marketplace, unless such versions are accompanied by new terms for use, which will govern those versions.
3. Contact Us
3.1 You can contact us via our Marketplace or by contacting:
Welcome to Country
Level 1/18 Bulletin Place
Sydney NSW 2000
4.1 To make a Booking, you must be:
- at least 14 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Marketplace in accordance with these Terms.
- exercise supervision over the Minor's use of our Marketplace and any Bookings made with us;
- assume all risks associated with the Minor's use of our Marketplace or Bookings made with us, including the transmission of content or information to and from third parties via the internet;
- ensure that the content and information that the Minor may encounter on our Marketplace are suitable for the Minor;
- assume liabilities resulting from the Minor's use of our Marketplace and Bookings made with us;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
4.3 We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Marketplace and allow you to make Bookings with us on this basis.
4.4 You must not make a booking with us on behalf of another person without their express permission.
Making a Booking
4.5 When making a Booking, you must follow the instructions on the Marketplace as to how to make your Booking and for making changes to your Booking before you submit it to us.
4.6 You should carefully review the description of any Experience to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Operator has specified in their Experience. You are responsible for identifying and complying with all laws, rules and regulations that apply to your participation in an Experience.
4.7 Once you select an Experience you wish to book, the Experience Fee and any additional charges will be displayed. This is the amount you must pay for the Booking, irrespective of any other amount or price displayed to you on the Marketplace or in advertising.
4.8 It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the Booking process. Failure to do so may result in loss or incorrect delivery of the email confirmation of your Experience.
4.9 If you discover you have made a genuine mistake at the completion of your Booking, please email us immediately at firstname.lastname@example.org. However, we cannot guarantee we will be able to amend your Booking and additional fees and charges may apply.
Acceptance of Booking
4.10 When you make a Booking, you will receive a Booking confirmation email (including contact details of the Operator and a tax invoice.
4.11 Upon receipt of a booking confirmation, a legally binding agreement is formed between you and the Operator, subject to any additional terms and conditions of the Operator that apply such as the Operator Cancellation and Refund Policy and any rules and restrictions specified in the Experience listing on the Marketplace.
4.12 If you book an Experience on behalf of additional customers, you must ensure every additional customer meets and agrees to any requirements set by the Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Operator. If you are booking for an additional customer who is a Minor, you represent and warrant that you are legally authorised to act on behalf of the Minor. Minors may only participate in an Experience if they are accompanied by an adult who is responsible for them.
4.13 We may in our absolute discretion cancel a Booking from you for any reason.
5.1 You must pay the Experience Fee, plus any Booking Fee, transaction fees and/or Taxes (Total Fees) in full at the completion of the booking processing order to make a Booking.
5.2 You are required to pay a non-refundable booking fee per Booking (Booking Fee).
5.3 Where transaction fees apply, the transaction fees charged will be clearly displayed at the time of purchase.
5.4 Unless otherwise stated all charges are in Australian (AUD) dollars.
5.5 You must pay the Total Fees using one of the Payment Methods we provide on our Marketplace. You must be entitled to use the Payment Method. The Payment Method must have sufficient funds or credit facilities to cover the Total Fees. We reserve the right to obtain validation of your payment details before providing you with the Experience and carry out security checks from time to time.
5.6 We use a secure online payment third party processing service or similar service. Please be aware that payments made using a third party services will be subject to the terms & conditions of the third party service provider. You should carefully review all relevant terms & conditions that apply before submitting your Booking.
5.7 You hereby authorise Welcome to Country to collect from you any amounts due by charging the Payment Method provided by you, either directly by Welcome to Country or indirectly, via a Third Part Service, and/or by one or more of the payment methods available on the Marketplace (such as gift cards).
5.8 Upon your payment of the Total Fees to us, your payment obligation to the Operator for the agreed upon amount is extinguished, and we are responsible for remitting the funds to the Operator. In the event that we do not remit any such amounts, you will have recourse only against us and not the Operator directly.
5.9 If we are unable to collect any amounts you owe under these Terms, we may engage in collection efforts to recover such amounts from you.
6. Amendments and Cancellations
Amendments or Booking Transfer
6.1 If you wish to make an amendment to your Booking, please contact us. However, we cannot guarantee we will be able to amend your Booking in accordance with your instructions.
6.2 You agree to pay any additional Experience Fees associated with amending your booking.
6.3 We will not accept changes to bookings within 48 hours of departure of the Experience.
6.4 There are no additional fees imposed by Welcome to Country to change a booking date (subject to availability) or to transfer a booking to another customer.
Cancellation of your Booking
6.5 You are bound to follow the cancellation policies of the Operator as stated in the Operator Cancellation and Refund Policy.
6.6 You may cancel a confirmed Booking:
- in accordance with the terms of the Operator Cancellation and Refund Policy; or
- if Welcome to Country is satisfied upon reasonable consideration that there are extenuating circumstances which require the Booking to be cancelled.
6.7 If you wish to cancel a Booking, please contact us (see the ‘Contact Us’ section above for our contact information). Customers who cancel a Booking will forfeit the Booking Fee.
6.8 Once your booking has been made, if you cancel it, you may incur a cancellation fee from the Operator in accordance with the Operator Cancellation and Refund Policy.
Cancellation by the Operator
6.9 The Operator may cancel a confirmed Booking:
- in accordance with the terms of the Operator Cancellation and Refund Policy;
- in the event of death or serious illness of persons key to or associated or affiliated with the Operator or the Experience;
- if weather poses a safety risk to you, or if it prevents the Operator from carrying out an Experience that takes place primarily outdoors;
- if other conditions exist that would prevent the Operator from offering the Experience safely; or
- if Welcome to Country is satisfied upon reasonable consideration that there are extenuating circumstances which require the Booking to be cancelled.
Cancellation by Welcome to Country
6.10 We may, in our sole discretion, cancel a confirmed Booking for any reason.
7.1 You may be entitled to a full or partial refund of the Experience Fee:
- when you cancel the Booking and are entitled to a full or partial refund in accordance with the Operator Cancellation and Refund Policy;
- where the Operator cancels the Booking or otherwise authorises a full or partial refund of the Experience Fee to you in accordance with the Operator Cancellation and Refund Policy;
- if Welcome to Country suspends or ceases to offer the Experience; or
- as otherwise agreed by you and the Operator.
- We will notify you of the reason for and amount of your refund; and
- We will refund the amount due, minus the Booking Fee, to your original Payment Method.
7.3 Welcome to Country will process refunds within 72 hours, however, the timing to receive any refund will vary dependent on the Payment Method and any applicable rules by your Payment Method provider.
8. Gift Cards
8.1 You may purchase gift cards for use on the Marketplace by you or other customers. Gift cards may be used as payment for Experiences on our Marketplace on the conditions set out in this clause 8.
8.2 We may email electronic gift cards to you. We accept no liability for errors in the email address provided to us.
8.3 You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
8.4 We assume no liability for the loss, theft, damage or illegibility of gift cards. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of gift cards on the Marketplace, we are entitled to require a different means of payment.
Payment using a Gift Card
8.5 The purchaser or recipient of a gift card may use it as payment for a Booking for any Experience at any time during the validity period. If you make a Booking less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Booking you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish to pay for a Booking, and gift cards may be used in conjunction with Welcome to Country campaigns or promotions.
8.6 If a Booking made using a gift card is cancelled, and you are entitled to a refund, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each Experience in a Booking for the purpose of establishing refund values.
8.7 Gift cards will not be refunded for a change-of-mind.
8.8 The credit of a gift card does not accrue interest, nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards.
8.9 Gift cards are valid for 36 months. Any balance that remains after 36 months will not be available for use.
9. Welcome to Country Promotions and Competitions
9.1 Welcome to Country may run campaigns, promotions or contests. For all campaigns, promotions or competitions, the promoter is Welcome to Country Ltd ABN 58 636 110 846 unless stated otherwise.
9.2 To enter a Welcome to Country campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
9.3 Entry into a Social Media campaign, promotion or contest constitutes acceptance of these Terms.
10. Behavioural Standards
10.1 Each Experience listed on Welcome to Country outlines important information you should know, including behavioural standards you are required to follow. By making a Booking, you agree to respect and abide by the conditions outlined.
10.2 The Operator makes all final decisions on matters that affect the safety or well-being of any person participating in the Experience. If you fail to comply with a decision made by the Operator or interfere with the well-being of the group, the Operator may direct you to leave the Experience immediately, with no right of refund. We may also elect not to accept any future Bookings from you.
11. Insurance and Acceptance of Risk
11.1 Some of the Experiences that we list on the Welcome to Country Marketplace may be considered adventurous or dangerous. You acknowledge that your participation in the Experience involves a degree of personal risk. It is your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to participate in the Experience is made in light of consideration of this information and you accept that you are aware of the personal risks that may be involved with the Experience.
11.2 Welcome to Country recommends that you obtain appropriate travel insurance. It is your responsibility to make independent enquiries with the Operator or other third parties as to the need to obtain your own insurance cover.
12.1 If you have a complaint about your Experience, please inform your Operator at the time so that they can attempt to rectify the matter.
12.2 If you are not satisfied with how the complaint is handled by the Operator, any further complaint should be made to Welcome to Country in writing within 7 days of the end of the Experience.
13. Privacy and Collection of Personal Information
Privacy and European Residents
14. Accuracy, Completeness and Timeliness of Information
14.1 The information on our Marketplace is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Marketplace, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Marketplace. You should monitor any changes to the information contained on our Marketplace.
14.2 We may, from time to time and without notice, change or add to the Marketplace (including the Terms) or the information, Experiences or services described in it. However, we do not undertake to keep the Marketplace updated. We are not liable to you or anyone else if errors occur in the information on the Marketplace or if that information is not up-to-date.
15. Intellectual Property Rights
15.1 Unless otherwise indicated, we own, license or have express written permission from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our Marketplace, and in all of the material (including all text, graphics, logos, audio and software) made available on our Marketplace (Content).
15.2 Your use of our Marketplace, and use of and access to any Content, does not grant or transfer any rights, title or interest to you in relation to our Marketplace or the Content.
15.3 However, we do grant you a licence to access the Marketplace and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.
15.4 Any reproduction or redistribution of our Marketplace or the Content, in whole or in part, is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
15.5 All other use, copying or reproduction of our Marketplace, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of Marketplace pages for the purpose of viewing the Content for your own personal use.
16. Indigenous Cultural and Intellectual Property (ICIP)
16.1 Our Marketplace and Content may incorporate ICIP, which belongs to the Aboriginal or Torres Strait Islander traditional owners or custodians of that ICIP. You agree that ownership of any such ICIP will remain at all times with the traditional owners or custodians of that ICIP.
16.2 In any access or use of the Marketplace or Content incorporating ICIP, you agree to:
- respect the ICIP rights of the traditional owners or custodians of that ICIP, and comply with any relevant cultural protocols of Welcome to Country;
- ensure that traditional owners or custodians continue to be acknowledged as owners of any ICIP incorporated in the Marketplace or Content;
- not use the ICIP for any purpose without the prior written consent of the traditional owners or custodians of that ICIP.
17. No Commercial Use
17.1 Our Marketplace is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, Experiences or services contained within our Marketplace pages. You may not use our Marketplace, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
18. Third Party Material
18.1 The Marketplace may make available Content, data, information, applications, services, websites and materials from third parties (Third Party Material). We do not make any representation about, nor do we evaluate or examine Third Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise.
18.2 You use and access Third Party Material at your own risk. We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners or controllers of Third Party Material may do the same.
19. Linked Sites
19.1 Our Marketplace may contain links to websites or social media operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or social media and have no control over or rights in those linked websites or social media.
20. Unacceptable Activity on the Marketplace
20.1 You must not do or attempt to do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Marketplace, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using our Marketplace to defame or libel us, our employees, agents, contractors or other individuals;
- linking to our Marketplace in a way that damages or takes advantage of our reputation, including in a way to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;
- uploading files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to our property or the property of other individuals (Malicious Computer Program);
- interfering with security-related or other features of our Marketplace;
- interfering or disrupting our Marketplace or the servers or networks that host our Marketplace;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on our Marketplace; or
- posting or transmitting to our Marketplace any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
21. Warranties and Disclaimers
21.1 The Marketplace and Content is provided ‘as is’ and to the maximum extent permitted by law, including the Australian Consumer Law, we make no express or implied warranties or representations, and disclaim all responsibility, that:
- the Marketplace or the Content will be complete, accurate or up-to-date;
- the Marketplace or the Content are of a merchantable quality or fit for a particular purpose;
- access to the Marketplace or the Content will be uninterrupted or error-free or free from Malicious Computer Program; or
- the Marketplace or the Content will be secure.
21.2 We do not warrant that the Experiences will meet your individual requirements and you acknowledge that the Experiences are not made bespoke to fit any particular requirements of yours.
21.3 We reserve the right to cease offering the Marketplace or any feature of the Marketplace, or any Content, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
22. Experiences Limitation of Liability
22.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we (including us, our affiliates, our third-party suppliers, or any officer, director, employee, sub-contractor, agent, body corporate or successor) be liable for any direct or indirect loss, liability, costs, damages, charges or expenses – irrespective of the manner in which it occurs – which may be suffered as a result of:
- your use of our Marketplace, Content and/or any other information or materials contained on the Marketplace;
- the unavailability, inaccessibility or interruption of usage of the Marketplace;
- Content, information or materials contained on the Marketplace being incorrect, incomplete or not up-to-date;
- Content, information or materials provided to you free-of-charge;
- any delay or failure in performance beyond the reasonable control of us;
- loss of data; or
- Experiences not being sufficient for your purposes or not meeting your individual requirements.
22.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Marketplace or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Marketplace is free of Malicious Computer Program that may interfere with or damage the operations of your computer systems.
22.3 To the maximum extent permitted by law, we are not responsible for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in an Experience. You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in an Experience.
22.4 To the maximum extent permitted by law, we are not responsible for any indirect, special or consequential liability to a customer or user (including legal fees) arising out of or from Content or use of the Marketplace.
22.5 To the extent we cannot exclude liability and to the fullest extent permitted by law, our aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
- in the case of goods, any one or more of the following:
- replacement of the goods or supply of equivalent goods;
- repair of the goods;
- payment of costs of replacing the goods or acquiring equivalent goods; or
- payment of costs of repairing goods; and
- in the case of services:
- supply of the services again; or
- payment of the cost of supplying the services again.
- death or personal injury caused by our negligence;
- any breach of the obligations implied by law; or
- any other liability which cannot be excluded or limited by applicable law.
23.1 You agree to indemnify and hold us, our affiliates, third-party suppliers, and any officer, director, employee, sub-contractor, agent, body corporate or successor, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees, due to or arising out of:
- your breach of these Marketplace Terms and Conditions; or
- your breach of any law or the rights of a third party.
24. Cookies Policy
24.1 You agree that:
- we may store cookies on your devices; and
- we may issue and request cookies from your device to collect both personal and non-personal information.
24.2 You may disable cookies on your browser if you do not agree to this cookies policy.
- improve our performance by reporting any errors that occur;
- provide statistics about how the Marketplace is used;
- remember settings that you use for our Marketplace;
- identify and show that you are logged into the Marketplace;
- link to social networks like Facebook and Twitter;
- provide more suitable ads tailored to you.
25. Breach of These Terms
25.1 If you breach any of these Terms, we may take appropriate actions, including but not limited to cancelling your current and future Bookings.
26.1 These Terms automatically terminate if we cease to operate the Marketplace.
27. Dispute Resolution
27.1 In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute prior to bringing any court proceedings. Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties will be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediation Australia mediation and conciliation rules.
28.1 Entire Agreement: these Terms embody the whole agreement of the parties relating to the subject matter of these Terms and supersedes all previous agreements in respect of your usage of our Marketplace.
28.2 Amendment: We reserve the right to make changes to the Marketplace and these Terms at any time without notice. All amendments will be posted on our Marketplace. Continued use of the Marketplace will be deemed to constitute acceptance of the new Terms.
28.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any third-party.
28.4 No waiver: No waiver by us of any default of yours under these Terms will operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you will in any way release, discharge or otherwise affect your liability under these Terms.
28.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party will be in writing and delivered by electronic mail at the email address you supplied to us or to use at our office.
28.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of us, our affiliates, third-party suppliers, and our and their officers, directors, employees, sub-contractors, agents, body corporates or successors, and each will have the right to asset and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
28.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.
28.8 Governing law: Your use of the Marketplace and these Terms are governed by the law of the New South Wales of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the New South Wales.