These Terms and Conditions (Terms) are between Samantha Jane Male trading as Trail Quest (ABN 49 965 577 912), successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related service s from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are available at www.trailquest.com.au (Site).
These Terms form the agreement under which we will supply products and related services to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept these Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
1. Registration: We will provide a confirmation of account registration when you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
2. Products and Orders:
(a) You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including our ability to validate payment for the products.
(b) It is your responsibility to check the order details, including product and pricing, before you complete your order on the Site.
(c) We will provide you with order details, which may include an order number and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
(d) A binding agreement comes into existence between you and us once we have received payment. No changes to these Terms will be effective unless we both agree to the changes in writing.
(e) You cannot cancel your order once you have made payment.
(f) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years of age without the supervision of their parent or guardian, so please take extra care when purchasing products for children under 18 years of age.
3. Price and Payments:
(a) You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
(b) You must pay for the product by PayPal, as set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
4. Availability and Cancellation:
(a) All purchases made with us are subject to availability. We do our best to make available most products that are advertised by us, and to keep the Site up to date with availability of
(b) If for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
(c) If certain products are discontinued, we will obtain your permission to substitute the item.
(a) After processing payment of the purchase price, we will use all reasonable endeavours to deliver your product via email in electronic format using the email address you provide to us when making your order. As we deliver your product via email, please ensure you provide a correct and valid email address. Your purchased product will also be available for download on the Site through your account.
(b) You agree that delivery of the product shall be deemed to have occurred at the time we (i) transmit the product to you by email or (ii) when you receive email notification from us that the product is available for download (Email Notification).
(c) Your purchased product will be available to download for 180 days from the date of Email Notification. After this period, we will not be responsible for the availability of the purchased product. During this period, you may download the same purchased product up to a total of
6. Discount Codes and Promotions:
We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
7. Intellectual Property:
(a) The work and materials that we provide to you in our products and on our Site contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the intellectual property rights in the Materials, the Site, business, products and branding as between us and you including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
(b) You agree that, as between you and us, we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property rights in our Materials, except as stated in these Terms or with our written permission.
(c) Your use of our Materials does not grant you a licence, or act as a right to use any intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission. You must use the Materials only for your personal, non-commercial use.
(d) You must not breach our intellectual property rights by, including but not limited to:
i. altering or modifying any of the Materials;
ii. creating copies of the Materials not intended for personal use;
iii. reproducing or storing the Materials in any other website or any public or private electronic retrieval system or service without prior written permission from us;
iv. creating derivative works from the Materials; or
v. using our Materials for commercial purposes such as onsale to third parties.
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without
prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
9. Consumer Law, Refund and Exchange Policy:
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.
(b) Goods: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
(c) Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.
(d) Replacement or a refund: We offer a refund, credit note or a replacement product if you are not happy with our product. We do not provide a refund if you download for a change of mind. If you wish to seek a replacement or credit note for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us. Any replacement product offered will be determined on a case by case basis in our sole discretion.
(e) Refund: Any refund we make will be by the same payment method used to purchase the product.
(f) Duty of care: You have a duty of care for the product after delivery. If you damage, lose or cause the product not to be viewable, thenyou may be liable to pay a fee for a replacement of the product.
10. Limitation of Liability and Disclaimers:
(a) While the information and material contained on the Site and in our products is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site or in our products.
(b) We do not provide any tour guide or travel agent services. Any information contained in any of our Materials and Site is simply for your convenience and for general information purposes only. It is not intended to be relied upon and not to be construed as fact.
(c) You acknowledge and agree that:
i. we will provide you the product including but not limited to the Materials in PDF format viewable only on a computer, phone, tablet or other device (collectively Device) that supports such format;
ii. you are solely responsible for determining the suitability of our products for your use;
iii. your participation in the use of our products involves anticipated and unanticipated risks, including personal injury to you or a third party sustained during the course of the use of our products and such risks could result in severe physical or emotional damage to us, yourself, a third party (including stress, personal injury, paralysis or death) or damage to third party; and
iv. it is your duty to ensure that you or any person using our product with you are using the products safely and not in contravention of any laws (including but not limited to trespass and road rules).
(d) To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Site and these Terms, except those set out in these Terms, including but not limited to:
i. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
ii. the Site or the products being unavailable;
iii. your inability to view the Site or the product on a Device; and
iv. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
(e) Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.
(f) This clause will survive termination of these Terms.
11. Amendment: These Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change these Terms.
12. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines
(b) Email: In relation to the product, you acknowledge that we are able to send electronic mail to you and receive electronic mail from you and that is the primary way that we will communicate with each other. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with any document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
(c) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(d) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.
(e) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(f) Relationship of Parties: These Terms are not intended to create a relationship between the
Parties of partnership, joint venture, or employer-employee.
(g) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
(h) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(i) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(j) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(k) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(l) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(m) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notice, please contact us at:
Samantha Jane Male t/a Trail Quest ABN 49 965 577 912
Last update: 17 November 2015
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