Terms and Conditions for Jellurgal Aboriginal Cultural Centre

Terms and Conditions 

Kalwun Development Corporation Limited ACN 065 676 717 
Trading as Jellurgal Aboriginal Cultural Centre 

What to Expect on a Jellurgal Tour 

1. Park features 

Within Burleigh Head National Park, you will see a range of environments, flora  and fauna on display. The tracks take you from eucalypt forest to pandanus groves,  grasslands and rainforest areas as well as weaving along the ocean shoreline and  beaches. 

On your tour you may see koalas high up in the trees, lizards such as water dragons and bluetongues scurrying through the leaves, birds of prey flying above the  mountain and from the lookouts you may even glimpse humpback whales  migrating in winter. 

2. What to bring 

We recommend flat shoes suitable for walking, a hat, sunscreen and a bottle of  water for the walking track tour. 

You may want to bring swimming attire and towels for a swim at the picturesque  Tallebudgera Creek after the tour. A lifeguard-patrolled beach is located a short  walk from the centre. 

3. Wheelchair and pram accessibility 

The Oceanview track offers limited wheelchair and pram assisted access.

4. Suitability for children 

Pram assisted access is possible on the Oceanview track. The track is suitable for  most children aged 3 and up. You will be required to keep within arm's reach of  small children at all times and be wary of uneven tracks, unstable ground or steep  drop offs. 

5. Difficulty 

The Oceanview track makes its way along the coastline leading from Tallebudgera  Creek around to Burleigh Point.

The track is 1.2km one-way and a 'Grade 2' walk, meaning that the track is a  hardened surface with gentle hill sections and occasional steps. No bushwalking  experience is required and wheelchair assisted and pram assisted access is possible. 

6. Weather and changes to the tour 

The Gold Coast averages 245 days of clear and sunny weather throughout the year  and maintains a warm sub-tropical climate during most seasons with an average  of 20-28°C in summer and 11-21°C in winter. Walking Jellurgal in summer  months can be quite warm but the rainforest areas can offer a cool escape. Our  guides will monitor the heat conditions and alter the tour accordingly if required. 

At the very top of Jellurgal, large hexagonal columns of rock and boulders can be  seen scattered down the slope. The movement of these boulders is an ongoing  natural geological process and there is at times a risk of rockfall during severe  weather. For the safety of visitors, the state government Department of  Environment and Science will sometimes close a section of the Oceanview  walking track during periods of increased risk. This can be before, during or after  conditions of high winds, high rainfall, low temperature or fire. If this section of  track is closed, your Jellurgal tour will be altered to avoid this area. 

7. Looking after Jellurgal 

The 'Dreaming Mountain', Jellurgal, is a beautiful place and we would like to keep  it that way. We ask that you help protect the area by: 

• leaving all plants and animals undisturbed, please do not feed the wildife • leaving pets at home 
• taking your rubbish away with you 
• staying on the designated tracks 

Terms and Conditions for Online Bookings 

1. General 

1.1 These Terms and Conditions of booking set out the Operator’s obligations to  the Customer’s commitments to the Operator when the Customer books a Jellurgal  Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service. 

1.2 These obligations, combined with the information contained on any Booking  Request Form or Booking Confirmation Form, are the basis of the Operator’s  contract with the Customer.

1.3 It is important that the Customer read through the Terms and Conditions before  the Customer books a Jellurgal Aboriginal Cultural Centre Tour and Jellurgal  Aboriginal Cultural Centre Service. 

1.4 It is important to understand that these Terms and Conditions apply for all  Jellurgal Aboriginal Cultural Centre Tours and Jellurgal Aboriginal Cultural  Centre Services with the Operator whether the Customer has chosen to read them  or not, and they are applicable to all the persons attending the Jellurgal Aboriginal  Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Service. 

2. Definition and Interpretation 

2.1 In this Agreement, the Parties agree: 

(a) “Agreement” means this agreement between the Operator and the Customer. 

(b) “Arrangements” means the date, time and other details of the Jellurgal  Aboriginal Cultural Centre Tour booked through the Operator in accordance with  this agreement or any other agreement between the Customer and the Operator. 

(c) "Booking" means the Arrangement the Customer made with the Operator for  the Jellurgal Aboriginal Cultural Centre Service or Jellurgal Aboriginal Cultural  Centre Tour. 

(d) "Booking Agent" means the Operator’s consultant/contractor or employee with  whom the Customer make the Arrangements with for the Jellurgal Aboriginal  Cultural Centre Tour. 

(e) “Booking Confirmation form” means confirmation of an electronic  eticket purchased for the purpose of a Jellurgal Aboriginal Cultural Centre Tour. 

(f) “Booking Request Form” means any form adopted by the Operator and  provided to the Customer for the purpose of making a Booking for a Jellurgal  Aboriginal Cultural Centre Service. 

(g) "Booking Price" means the amount charged for the Jellurgal Aboriginal  Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service as advised to  the Customer by the Operator’s Booking Agent at the time of Booking. Any  amounts published are in Australian dollars. 

(h) “The Customer” means the person or persons who make a Booking with the  Operator. 

(i) “Departure Location and Service Location” means the place identified on the  Booking Confirmation Form.

(j) “Departure Time and Service Time” means the time of the Booking as stated on  the Booking Confirmation Form. 

(k) “E-ticket” means an electronic ticket purchased online through the website  Jellurgal.com.au 

(l) “Jellurgal Aboriginal Cultural Centre Tour" means Jellurgal Walkabout Tour,  Jellurgal Journey Tour, Jingeri Jellurgal Tour. 

(m) “Jellurgal Aboriginal Cultural Centre Service” means Welcome to Country  ceremonies and Dance Performances. 

(n) “the Operator” means Kalwun Development Corporation Limited (ACN 065  676 717).It also includes reference to the Operator’s employees, agents, affiliates  and related third parties. 

(o) “Party” means a party to this Agreement. 

(p) “In Writing” means by facsimile, email and/or letter. 

(q) “Wildlife” means wild animals collectively; the native fauna (and sometimes  flora) of a region. 

2.2 In the interpretation of this Agreement: 

(a) references to legislation or provisions of legislation include changes or re enactments of the legislation and statutory instruments and regulations issued  under the legislation; 

(b) the parties to this Agreement shall each be referred to as a “Party”, and may  collectively be referred to as the “Parties”; 

(c) words denoting the singular include the plural and vice versa, words denoting  individuals or persons include bodies corporate and vice versa, references to  documents or agreements also mean those documents or agreements as changed,  novated or replaced, and words denoting one gender include all genders; 

(d) grammatical forms of defined words or phrases have corresponding meanings; 

(e) the Parties must perform their obligations on the dates and times fixed by  reference to the Gold Coast, Queensland; and 

(f) reference to an amount of money is a reference to the amount in the lawful  currency of the Commonwealth of Australia. 

3. Booking

3.1 To book a Jellurgal Aboriginal Cultural Centre Service with the Operator, the  Customer must make a Booking with the Operator via a Booking request form and  pay the Booking Price. By paying the Booking Price the Customer confirms the  accuracy of all information the Customer have provided to the Booking Agent and  the Customer accepts these Terms and Conditions. 

3.2 To make a Booking for a Jellurgal Aboriginal Cultural Centre Tour  the Customer must purchase an e-ticket through the website jellurgal.com.au. The  Parties agree that purchasing an e-ticket constitutes an offer by the Customer to  enter into a contract with the Operator on the terms set out in this document. 

3.3 Print e-ticket and present at Jellurgal Aboriginal Cultural Centre upon arrival. 3.4 Tour participation only granted on presentation of printed e-ticket. 3.5 Valid photo ID and credit card used for purchase may be required to validate. 

3.6 The Terms and Conditions constitute the entire Agreement between  the Customer and the Operator. It must be understood that if the Customer makes a  Booking via telephone or internet, the Customer accepts the Operator’s booking  Terms and Conditions. 

3.7 The Customer must check all documents (including any tickets or vouchers)  that the Operator sends to the Customer and contact the Operator at once if any  information on the Booking Confirmation form or any other document appears to  be inaccurate, incorrect or incomplete. 

3.8 Some Bookings may be subject to promotional terms and conditions, which  will be detailed on the website Jellurgal.com.au at the time of booking. All  concession Bookings will only be available to pensioners, students and seniors  upon the presentation of a valid identification document. 

3.9 Should the Customer request a group booking (2 or more people), the Operator  may impose a minimum attendance requirement. Any minimum attendance  requirement will be detailed at the time of booking on the website. Should this  minimum attendance number not be reached a surcharge may be imposed. 

4. Amendments to Terms 

4.1 The Operator reserves the right to amend these Terms and Conditions from  time to time. Amendments will be effective immediately upon notification on the  Operator’s website and to the Customer In Writing. If the Customer elects to  continue with the Booking after receiving notice of an amendment to these Terms  and Conditions, the Customer’s election will be deemed to be acceptance of those  amendments.

5. Payments to Us 

5.1 Bookings are not confirmed or guaranteed until the Booking Price has been  paid and the confirmation has been issued to the Customer. 

5.2 No confirmation will be issued until the Booking Price has been paid.  The Booking Price is correct at the time of publication but the Operator reserves  the right to amended the Booking Price without prior notice. 

5.3 The Customer shall not be entitled to a refund where the Customer elects to  cancel the Booking less than 7 days before for a Jellurgal Aboriginal Cultural  Centre Service. For the avoidance of doubt, the Parties acknowledge that the  Customer is forfeiting either part or all of the Booking Price as compensation for  the Operator’s Loss suffered as a result of the Customer’s breach of the  Agreement. If the Customer cancels any service booking, for whatever reason, any  deposit paid is non-refundable. Special conditions around COVID-19-related  cancellations will be considered. 

5.4 E-Tickets (tickets purchased online for a Jellurgal Aboriginal Cultural Centre  Tour) are non-refundable and cannot be transferred. Special conditions around  COVID-19-related cancellations will be considered. 

5.5 Cancellations of any Booking for a Jellurgal Aboriginal Cultural  Centre Service must be sent in writing to Contact Usand will incur the following  fees/conditions: 

1. a) cancellations made within seven (7) days of the booking: 50% of the total  Booking Price; 
2. b) cancellations made within forty-eight (48) hours of the booking: 75% of the  total Booking Price paid; 
3. c) cancellations made within twenty-four (24) hours of the booking: 100% of the  total Booking Price paid. 

5.6 Notwithstanding the above, the Parties acknowledge that the abovementioned  procedure shall not apply to the extent that it is inconsistent with the provisions of  the Competition and Consumer Act 2010 (Cth). 

5.7 All credit and debit card purchases are made through a secure payment facility.  Your credit and debit card will be debited at the time of ordering. In the unlikely  event that you believe any unauthorised use of your card has occurred, please  immediately notify Jellurgal Aboriginal Cultural Centre via email and contact your  bank through your usual communication method.

6. Changes By the Customer 

6.1 Any request by the Customer to amend the Booking must be made In Writing. 7. Changes By Us 

7.1 If the Operator has to make a significant change to the  

Customer’s Arrangements at any time the Operator will inform the Customer as  soon as possible. 

7.2 The Operator reserves the right at any time to cancel or change  any Arrangements made, and to substitute, if appropriate,  

alternative Arrangements, without accepting liability. 

7.3 If the Customer are unsatisfied with the alternative arrangements referred to in  clause 7.2 (above) the Customer must advise the Operator in Writing within seven  (7) days of being notified of the alternate arrangements. If you fail to notify the  Operator, no refund will be provided and any deposit paid will be deemed  abandon. Any monies paid for the Deposit will be deemed monies for services  rendered for making a booking for a Jellurgal Aboriginal Cultural Centre Tour and  Jellurgal Aboriginal Cultural Centre Services and will not be refunded, unless  required by Competition and Consumer Act 2010 (Cth). 

7.4 The Operator reserves the right to cancel any Booking, itinerary or tour (before  the commencement date of the Arrangement), due to force of nature, health  concerns or any other reason outside of the Operator’s control that the Operator, in  the Operator’s absolute discretion, may determine. Force of nature events include  (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god,  strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse  weather conditions, technical or maintenance problems with transport,  changes imposed by rescheduling or cancellation of flight or transport by airline  or road traffic conditions, or any other event that is beyond the reasonable control  of the Operator. 

8. Customer’s Warranties and Covenants 

8.1 The Customer Warrants to the Operator that he/she: 

(a) and/or all of the members of their Booking has sufficient understanding of the  language of English to receive and understand verbal and written instructions and  directions; 

(b) understands that participating in the Jellurgal Aboriginal Cultural Centre Tour  involves an assumption of risk by the Customer;

(c) does not suffer from any medical conditions or physical or mental impairments  which will affect their ability to attend the Jellurgal Aboriginal Cultural Centre  Tour; 

(d) will act in accordance with the instructions of the Operator, its employees and  agents during the entirety of the Jellurgal Aboriginal Cultural Centre Tour; and 

(e) understands that a breach of any of the warranties in this clause shall constitute  a breach of this Agreement, which shall entitle the Operator to terminate the  Agreement. 

8.2 The Parties expressly agree that the Operator may, at its own  unfettered discretion, revoke any member of the Booking’s permission to attend  the Jellurgal Aboriginal Cultural Centre Tour and where that Customer  has breached its warranties. For the avoidance of doubt, the Operator’s actions in  electing to revoke the Customer’s permission to attend the Jellurgal Aboriginal  Cultural Centre Tour does not amount to waiver of its right to terminate under  8.1(e). 

8.3 The Customer covenants with the Operator that he/she will: (a) follow all directions from the Operator, it employees and agents; (b) accept the decision(s) of the Operator and/ or its employees or agents as final; 

(c) inform the Operator, its employees or its agents immediately if he or she is does  not wish to participate in any particular activity on the Jellurgal Aboriginal  Cultural Centre Tour; 

(d) inform the Operator, its employees or its agents immediately if he or she is  unable to understand any directions or instructions by the Operator, its employees  or agents; 

(e) not smoke while on the Jellurgal Aboriginal Cultural Centre Tour; and 

(f) not disturb any of the historic sites, Aboriginal sites or other places or sites  visited as part of the Jellurgal Aboriginal Cultural Centre Tour; 

(g) undertake when walking on the Jellurgal Aboriginal Cultural Centre Tour will: (i) respect all plant, rock and wildlife encountered; 

(ii) not remove or damage any plant, wildlife or rock; 

(iii) not engage with or feed any wildlife;

(iv) avoid, to their best of their ability, walking on sensitive vegetation; (v) appreciate and respect the local wildlife; 

(vi) walk as quietly as possible to reduce the likelihood of disturbing the wildlife; 

(vii) stay on the allocated path regardless of whether it is muddy, rough or  undesirable to walk on to ensure there is limited erosion as a result of tour;  and (viii) will carry and remove any and all rubbish. 

9. Liability 

9.1 The Customer agrees to observe and obey all rules and warnings provided by  the Operator, the Operator’s employees and/or agents, and further agree to follow  any oral instructions or directions given by the Operator, the Operator’s employees  and/or agents. 

9.2 The Customer acknowledges that there may be some inherent risk associated  with the Arrangements. The Customer assumes full responsibility for personal  injury to yourself, injuries to others and further release and discharge the Operator  from all actions, suits, claims, demands and causes of action whatsoever at law, in  equity and under statute which the Customer may have or for this document would,  could or might at any future time have or have had against the Operator in respect  of or arising out of either directly or indirectly the services the Operator provides. 

9.3 The Customer agrees to pay for and indemnify the Operator against all claims  in relation to, all damages caused to any property owned, rented or lease by the  Operator as well as any third party’s facilities visited as part of the Arrangements  caused by the Customer’s neglect, reckless or wilful actions. The Operator will not  be held liable for the conduct of any third party supplier, operator or venue visited  as part of the Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal  Cultural Centre Services. 

9.4 The Customer agrees to and hereby assumes all risk, dangers and hazards  associated with use or participation in the Arrangements, including the possible  risk of severe or fatal injury to others. In addition to the foregoing, these risks  include but are not limited to the following: 

(a) the possibility of bodily injury; and 

(b) being in altercations with others (which is not condoned or tolerated by the  Operator).

9.5 The Customer agrees to indemnify the Operator from all third party actions,  suits, claims, demands and causes of action whatsoever at law, in equity and under  statute as a result of the Customer’s behaviour and actions. 

9.6 The Customer acknowledges that the Customer is solely responsible for any  and all property brought on the Jellurgal Aboriginal Cultural Centre Tour and  Jellurgal Aboriginal Cultural Centre Services and the Operator will not be held  liable for any damage caused to any property brought by the Customer on the  Jellurgal Aboriginal Cultural Centre Tour. 

10. Behaviour 

10.1 The Customer must adhere to the current laws of Australia and the Customer  is responsible for their own behaviour. 

10.2 Any person who is deemed unruly or disruptive may be removed from  the Jellurgal Aboriginal Cultural Centre Tour and will not be entitled to a refund.  The Operator will not be responsible for any costs incurred by the Customer as a  result of them being removed from the Jellurgal Aboriginal Cultural Centre Tour. 

10.3 The Operator does not condone the use of illicit substances or alcohol prior to  or during any Booking. The Operator reserves the right to exclude the Customer or  any member of the Customer’s Booking from participating in the Jellurgal  Aboriginal Cultural Centre Tour, in the Operator’s unfettered discretion if it the  Operator form a reasonable belief that the Customer or a member of the  Customer’s group are under the influence of alcohol or illicit drugs. 

10.4 All parties attending the Jellurgal Aboriginal Cultural Centre Tour should be  aware of their own physical and mental limitations before attending. Should the  Customer be pregnant or have another medical condition that may be affected by  attending the Jellurgal Aboriginal Cultural Centre Tour, the Customer must advise  the Operator prior to making a Booking. 

10.5 All parties attending the Jellurgal Aboriginal Cultural Centre Tour should be  aware, as per the conditions of Burleigh Heads National Parks and Wildlife,  camping and pets are not permitted. 

10.6 Pets are not permitted on the Jellurgal Aboriginal Cultural Centre Tour during  any booking, the Operator has the right to ask for the removal of any pet during  any booking. 

10.7 Assistance animals under the DDA (Disability Discrimination Act 1992) are  accepted, please note the Operator has the right to request the correct  documentation (handler identity card).

11. Clothing 

11.1 The Customer acknowledges that appropriate clothing must be worn at all  times on the Jellurgal Aboriginal Cultural Centre Tour. Appropriate clothing  includes enclosed shoes. 

11.2 The Customer acknowledges that Third Party Suppliers may refuse  the Customer entry into their venue / site should the Customer not meet  their minimum dress standard. The Operator will not be held responsible for any  additional costs incurred by the Customer as a result of the Customer’s failure to  meet the minimum dress standard. 

12. Video Footage and Still images 

12.1 The Customer grants the Operator the right to use any image of the Customer  in any live or recorded video, display or any transmission or reproduction of the  Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre  Service. All rights to broadcast, record, photograph, repeat, reproduce, or recreate  the Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural  Centre Service is reserved by the Operator. The Customer agrees not to take any  action, or cause others to take any action, which would infringe on the  Operator’s rights under this clause. 

12.2 The Customer assigns to the Operator any intellectual property associated  with any image of the Customer in any live or recorded video display or any  transmission or reproduction of the Jellurgal Aboriginal Cultural Centre Tour or  Jellurgal Aboriginal Cultural Centre Service. 

12.3 Any still images the Customer takes during the Jellurgal Aboriginal Cultural  Centre Tour with the Customer’s camera must only be used for private and  domestic purposes and the Customer agrees that the Customer will not sell, license,  broadcast, publish or otherwise commercially exploit them and in particular make  available any still images taken at the event on the internet or to any third parties  without prior authorisation from a Jellurgal Aboriginal Cultural  Centre Representative. 

12.4 No video or sound recordings are permitted to be taken by the  Customer during any Jellurgal Aboriginal Cultural Centre Tour or  Jellurgal Aboriginal Cultural Centre Service. 

13. Entire Agreement 

13.1 These Terms and Conditions constitute the entire agreement between the  parties with respect to the subject matter of this document and supersedes all prior 

negotiations, contracts, Arrangements, understandings and agreements with respect  to that subject matter. 

14. Law 

14.1 This document is governed by and construed under the law of Queensland  Australia. 

14.2 Any legal action in relation to this document against any party or its property  may be brought in any court of competent jurisdiction in Queensland Australia. 

14.3 Each party by execution of this document irrevocably, generally  and unconditionally submits to the non-exclusive jurisdiction of any  court specified in this provision in relation to both itself and its property. 

15. Remedies 

15.1 The rights of a party under this document are cumulative and not exclusive of  any rights provided by law. 

16. Severability 

If any provision of this agreement is prohibited by law or judged by a court to be  unlawful, void or unenforceable, the provision shall, to the extent required, be  severed from this agreement and rendered ineffective as far as possible without  modifying the remaining provisions of this agreement, and shall not in any way  affect any other circumstances of or the validity or enforcement of this agreement.