Scavenger Trail Terms
PLEASE READ THESE PARTICIPATION TERMS OF OUR BUSINESS CAREFULLY PRIOR TO MAKING A PURCHASE
Welcome to the Scavenger Trail website. These participation terms (‘Terms’), together with our privacy policy, govern our relationship with you in relation to the use of our website and the participation in any of our Experiences. If you do not accept these Terms, you are not permitted to use our website or purchase any of our Experiences.
We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. The amended Terms will take effect from the next time you log into the website. If you do not agree with the amendments, then you must stop using the website. Your continued use of the website is subject to our current Terms as amended from time to time.
If you are under the age of 18 years of age, your parent or legal guardian must agree to these Terms on your behalf and give their consent to you receiving the Services.
Any parent or legal guardian who wants their child or children to engage in one of our Experiences, by providing such consent, agrees with and consents to these Terms, with acceptance of the Terms being completed by the parent or legal guardian ticking the acceptance box on our Sign Up Form.
1 Experiences
1.1 We provide a choice of scavenger trails, which we list on our website.
1.2 The scavenger trails will lead people from a starting point (in a physical location), along a path following a series of clues from point to point until the end point of the trail.
1.3 All points will be in public areas and clues along the way will be physical items that already exist (such as sign posts, points of interest, natural elements etc).
1.4 We provide clues for each scavenger trail, which will have hints to help solve the puzzle, and a Google Map showing where people are/need to be.
1.5 We may offer rewards or prizes in respect to our scavenger hunts from time to time and the terms and conditions for these contests will be published on our website.
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2 Definitions & Interpretation
(a) For the purposes of these Terms:
“Experience(s)” means any scavenger hunt, or similar location-based experience that may be offered by us from time to time.
“Guardian” means a parent or legal guardian of a person under the age of 18 years or any other person for whom a court has appointed a legal guardian.
“involve.me” means the user engagement and customer experience platform provided by stereosense GmbH of Austria.
“Participant” means any person taking part in an Experience and includes any person on whose behalf the participation of any Experiences is made, including, spouses, partners, and children.
“Personnel” means any director, officer, employee, independent contractor, agent or other representative.
“Services” means any services offered by us including providing any Experience.
(b) Throughout these Terms:
any references to the “Participant”, “you” or “your” refer to each Participant as well as the Guardian.
“we”, “us”, “our” refers to Paul Ferris t/a Scavenger Trail (ABN 74 612 155 594).
(c) In these Terms:
(i) Headings are for convenience only and do not affect the interpretation of these Terms;
(ii) References to the singular includes the plural and vice versa;
(iii) Where any word or phrase is defined in these Terms, any other grammatical form of that word or phrase will have a corresponding meaning; and
(iv) “Includes”, “including” and similar expressions are not words of limitation.
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3 Acceptance of Terms
3.1 By purchasing an Experience or taking part in an Experience, this signifies that you have read, understood and agreed to be bound by these Terms.
3.2 If you are purchasing on behalf of another participant, you warrant you will have them agree these terms or otherwise are responsible for and agree these terms on their behalf. You will indemnify us for any claim, including any loss or injury the participant may incur that you are purchasing on behalf of.
3.3 If you do not agree with these Terms, you must not purchase an Experience and you must not take part in any of our Experiences.
4 Participant Age and Legal Capacity
4.1 If the person taking part in the Experience is aged under 18 years of age, or otherwise lacks legal capacity, you, as a Guardian of the Participant must agree to these Terms on the Participant’s behalf. The minor Participant is only able to take part in an Experience with Guardian approval.
4.2 If a Guardian is not agreeing to these Terms on the Participant’s behalf:
4.2.1 The Participant represents and warrants that they are aged 18 years or older; and
4.2.2 The Participant represents and warrants that they have full legal capacity to enter these Terms; and
4.2.3 The Participant represents and warrants that they have read and understood these Terms prior to participation and/or paying for the Experience and they agree that these Terms will be binding upon the Participant’s heirs, next of kin, executors, personal representatives, administrators and successors.
4.3 If a Guardian is agreeing to these Terms on the Participant’s behalf:
4.3.1 The Guardian represents and warrants that they have full legal authority to enter these Terms on the Participant’s behalf;
4.3.2 The Guardian represents and warrants that they have read and understood these Terms prior to the Experience being booked and/or paid for, and have explained these Terms to the Participants and have ensured that the Participants understands their obligations under these Terms; and
4.3.3 The Guardian acknowledges and agrees that these Terms will be binding upon the Guardian and the Participant, as well as their heirs, next of kin, executors, personal representatives, administrators and successors.
5 Purchasing and Payments
5.1 Purchases are essential.
5.2 Experience prices may be offered at no cost and may vary from time to time but current prices are displayed on our website and/or payment form at the time of purchase.
5.3 Where applicable, payment must be made in full before any participation or trail information is sent.
5.4 All gift cards and vouchers must be redeemed online.
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5.5 You must register in order to access and receive our Services, and any Experience selected by you.
5.6 You can register using your email address or log in with your Facebook or Google account, then complete the sign-up details that are required in the online sign-up form.
5.7 When you participate in any Experience:
5.7.1 You warrant that all information you provide when purchasing an Experience is true, correct, up-to-date and accurate personal information and details; and
5.7.2 You warrant that you have the authority to enter into this agreement as set out in these Terms on behalf of all persons you specified on our Payment Form, including any children. Without limiting the generality of the foregoing, you warrant that you have the authority to give the releases and indemnities set out in these Terms on behalf of those persons.
6 Cancellation and Refund Policy
6.1 We accept cancellations up to 24 hours prior to the scheduled start time for your Experience.
6.2 You are free to amend your purchase at no charge or cancel your purchase with a full refund if we have been given more than 24 hours’ notice before the scheduled time of the Experience.
6.3 If you cancel within 24 hours of the confirmed scheduled start time for your Experience, no refund will be provided where payment has been made.
6.4 We will not provide refunds for ‘no-shows’ or failures to complete the Experience.
6.5 Extenuating circumstances requiring refunds will be assessed on a case-by-case basis, and any decision to provide a refund will be made in our sole discretion.
6.6 In the event that you believe we have failed to provide the Services you have paid for, then you may have certain rights (including a right to a refund) under the Australian Consumer Law. We will honour any of our obligations under the Australian Consumer Law or other relevant consumer protection laws.
7 Risk warning
7.1 There are many variables that you must consider prior to engaging in recreational outdoor activities, including: temperature and weather conditions, fitness level of all participants, terrain features (including stairs and other barriers to people who use a wheel-chair or other mobility aid), and other possible risks that are possible in an outdoor experience, including, dehydration, sunburn or sunstroke, and exposure to attacks or bites from insects and reptiles. Be prepared and be sure to check the current weather conditions before heading outdoors. Always exercise common sense and caution, including, having clothing appropriate for adverse weather conditions such as extreme heat events or rain or other storm events; appropriate quantities of water or other liquids; use an appropriate sun screening product or insect repellant product on exposed skin; and have appropriate hats or other head coverings as a protection from the sun.
7.2 The presence of navigation directions and other information provided by us that describes a location (such as, the navigation directions and other information for an Experience) does not imply that accessing such location is safe. It will be your own responsibility to ensure that any Experiences available through this website or otherwise offered by us meets your specific circumstances and requirements, including the level of fitness and mobility of any Participant engaging in the Experience. Do not enter third parties’ property without permission and always obey applicable laws during any location-based activity. You assume all risks and responsibilities associated with seeking any hidden or obscured information during an Experience and other location-based activities associated with our Services. Please keep in mind that you are responsible for complying with all applicable laws, regulations, signs and guidelines for use of public locations including local government by-laws and health and safety guidelines for use of public locations, including complying with any government requirements or restrictions for public gatherings.
7.3 In addition to usual and inherent risks associated with Experiences, there are certain additional risks and dangers including but not limited to physical exertion for which a Participant may not be prepared and weather conditions which may be subject to sudden and unexpected change and each Participant participates in the Experience at their own risk.
7.4 Participants acknowledge and agree that participation in the recreational services that are the Experiences may involve risk. Participants agree and undertake any such risk voluntarily at the risk of the Participant. You acknowledge that the assumption of risk warning set out above constitutes a “risk warning’ in accordance with the Australian Consumer Law and Fair Trading Act 2012 (Vic) and other relevant legislation, including the Civil Liability Acts of other States and Territories.
8 Disclaimer
8.1 We cannot guarantee the availability of any Experience at any time as it may not be available or in a state to be completed for reasons and causes which are beyond our reasonable control. The Experiences are in public parks, (controlled by a local council, state or commonwealth department) and other locations to which members of the public are permitted to enter. We have no control over the availability of the public parks and locations, which may be closed without warning or access points, paths, roads and other areas of the location may be closed or under repair or under construction.
8.2 In the event of we become aware of any changes to the Experiences (including navigation instructions or other information), we will use our best endeavours to change and update the website, and where applicable, provide you with alternative options to complete the Experience.
9 Release and waiver
9.1 Participants participate in any Experience at their own risk.
9.2 You acknowledge that it is possible for a supplier of recreational services or recreational activities to ask Participants to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you or any other Participant for whom or on whose behalf you are booking the Experiences. Those statutory guarantees are that the recreational services supplied to Participants:
(a) Are rendered with due care and skill; and
(b) Are reasonably fit for any purpose which are either expressly or by implication, made known to the supplier; and
(c) Might reasonably be expected to achieve any result that has been made known to the supplier.
9.3 By purchasing an Experience you agree and acknowledge on behalf of yourself and any other Participant for whom you book, that the rights of those Participants to sue us as the supplier of the recreational services or recreational activities that are undertaken by Participants because the recreational services or recreational activities provided by us were not in accordance with the statutory guarantees, are excluded, restricted or modified as set out below in clause 10.
9.4 To the extent of any liability arising; our total liability is limited to the re-supplying the Services, or, at our option, our refunding the amount you have paid for the Experiences to which your claim relates.
10 Release
10.1 To the maximum extent permitted by law:
10.1.1 you, and any other Participant for whom you purchase, release us and our Personnel from all liable for any accident, injury, death, illness, or medical condition that a Participant may incur as a result of their participation in the Experience, whether caused by the negligence or breach of contract by Scavenger Trail; and
10.1.2 we and any of our Personnel are not liable for any direct, indirect, consequential or incidental loss or damage which may result from any accident, injury, death, illness, or medical condition resulting from participation in the Experience by any Participant; and
10.1.3 this condition of these Terms may be pleaded by us and our personnel as a bar to any action proceeding for breach of contract, negligence or any other liability claimed as the result of such accident, injury or death, save that the above releases and the indemnity in clause 11 will not apply to the extent that the accident, injury, death, illness, or medical condition is due to the gross negligence Scavenger Trail. “Gross negligence” in relation to an act or omission means the act or omission was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
11 Indemnity
The Participant, on behalf of themself, their heirs, next of kin, executors, personal representatives, administrators and successors hereby irrevocably and unconditionally will defend, indemnify and hold us and our personnel harmless from an against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages, whether direct, indirect, consequential or special damages, and all legal fees, which may be brought against us or our Personnel (or both) by any Participant in respect of any loss or damage (whether personal or property damage), which we or our personnel may incur now or in the future in connection with any breach of these Terms by a Participant, or the participation in an Experience by a Participant.
12 Changes and Alterations to Experiences
12.1 We and our staff reserve the right to change or modify any aspect of Experiences or any reason, at our sole discretion.
12.2 We and our staff reserve the right to cancel Experiences for any reason, including but not limited to weather conditions, safety and security.
12.3 In the event of cancellations of Experiences due to:
(a) Our decision to cancel an Experience you have purchased; or
(b) government restrictions that prevent you and other Participants engaging in the Experience,
we will offer you a credit note or voucher to allow you to participate in an Experience on an alternate date following the lifting of government restrictions. We will offer a refund, where relevant, in accordance with clause 6 if you can establish that you cannot participate in an Experience on an alternate date following the lifting of government restrictions.
13 Payment for Experiences
13.1 We do not process any payments on the website or store credit card information on the website, in the event payment transactions occur on the website, we pass credit card information to PayPal or Stripe (third-party payment processors) using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment: For further information about PayPal or Stripe visit their website.
13.2 The Experience fees are paid in Australian dollars and are inclusive of GST and all other duties and taxes, as required by law.
14 Participant Warranty
14.1 Each Participant hereby warrants and represents:
14.1.1 The Participant understands the nature of the Experience and the risks involved with it;
14.1.2 The Participant acknowledges and understands that the Participant is choosing voluntarily to take part in the Experience and that the Participant is free to refuse to participate in it at any time;
14.1.3 The Participant is in good health and physical condition;
14.1.4 The Participant does not suffer from any health condition which may affect their ability to safely participate in the Experience;
14.1.5 If the Participant has any concerns or reservations about their health or their ability to participate safely in the Experience, they must take advice from a medical professional before taking part in the Experience; and
14.1.6 If at any time the Participant believes that the conditions of the Experience are unsafe for the Participant (taking into account their own health and physical circumstances), the Participant will immediately stop taking part in the Experience.
15 Complaints
15.1 We do our utmost to provide accurate information on our website, answer all your queries and ensure you enjoy our Experiences.
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15.2 We only provide the navigation instructions and other information for you to engage in the Experiences, and are not responsible for any issues or claims you may have that are the responsibility of people or entities over which we have not control, including the local council, state or commonwealth department or owner or controller of any other locations to which members of the public are permitted to enter that are described in the navigation instructions and other information we provide on the website or we provide you by email. While we endeavour to ensure your Experience is at all times of a high quality, we ask if you have any issues that you are unhappy with, that you inform us email, so that we can change the navigation instructions and other information related to the Experiences or remove the Experience from our website.
16 Operation of the Website
16.1 While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any opinions and information published on the website. Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we will not be liable.
16.2 We make no warranty that the access to the website or our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the access to the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the access to the website becomes unavailable for any lengthy and unusual time period.
16.3 You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service delivery and data storage, including the Services provided through the involve.me platform.
17 Your Privacy
17.1 We are committed to protecting your privacy. We use the personal information we collect about you and other Participants on whose behalf your book to maximise the Services that we provide. We, at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to our collection, use and disclosure of personal information.
17.2 We use involve.me as our platform for interactive content and forms. By submitting personal information to us you acknowledge that the personal information you provide will be transferred to involve.me for processing in accordance with their Privacy Policy and Terms.
17.3 We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with you; or to protect our rights, property or safety or of our customers or third parties.
17.4 We reserve the right to disclose the name and any other personal information of you to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.
17.5 You may change your details at any time by advising us in writing via email. All personal information or health information we receive from our Participants, is protected by our secure servers.
17.6 We do not and will not sell or deal in personal information. We may however use Participant's personal information and provide it to third party suppliers, such as the involve.me platform, in order to be able to deliver the Services and provide the Experiences. Whilst we endeavor to ensure they will also protect Participants' personal information, we cannot be responsible for any breach of privacy or the event that they may further market their goods and services to Participants.
17.7 We hope you will enjoy our trails and will tag and share images and photos of your experience. By doing so and/or uploading any photos or images to our site, you agree we may also use your images and photos as part of our advertising, media and other promotion and release us from any claim or liability.
18 Survival of Obligations
Notwithstanding any other provisions of these Terms, at the termination, expiration or completion of these Terms, any provisions of these Terms which would by their nature be expected to survive termination, expiration or completion will remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.
19 No Waiver
None of our powers or rights created under these Terms will be deemed to have been waived by any act or acquiescence of us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms will constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms will not constitute a waiver of such provision or any other provision.
20 Whole Agreement
These Terms contains the entire agreement between the parties and supersedes all prior oral or written agreements or understandings between the parties with respect to the subject matter of this agreement. No amendment of this agreement shall be binding unless made in writing and signed by all parties.
21 Exclusion of Unenforceable Terms
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Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause will not apply in that State or Territory and will be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory will continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this clause will not affect or modify the full enforceability and construction of the other clauses of these Terms.
22 Jurisdiction
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This agreement will be governed by the laws of the State of Victoria, Australia, and the courts of the State of Victoria in Melbourne will have the exclusive jurisdiction to determine any disputes between the parties.
These Terms were last modified on 16 December 2021 and are effective from that date.