T & C for Users

Terms and Conditions Of Tasguide Pty Ltd

These terms and conditions regulate the relationship between you and Tasguide (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are Tasguide Pty Ltd, a company registered in Australia, ACN 613 201 960. Our address is PO Box 659, Rosny Park 7018 Tasmania, Australia.
You are: Anyone who uses Our Website or makes a Booking through Our Website. 
Please read these terms and conditions carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
 
These are the agreed terms
 

1. Definitions

                      

“Booking”

means the booking for an Event along with any other services or items offered by Event Operator.

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

“Event”

means an event, experience, arrangement or an activity planned by the Operator. Among other things, it may be designed for pleasure, sport or business team building or reward.

“Our Website”

means tasguide.com.au or any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

“Operator”

means the accommodation providers, restaurants, bars, entertainment venue operators  or any other person, firm or organisation who offers Booking on Our Website or makes arrangements for an Event.

“Services”

means a service available from Our Website, whether free or charged, It does not include the services (if any) offered by Event Operator in relation to an Event.

 

 

2. Interpretation

In this agreement unless the context otherwise requires:

  1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
  2. a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
  3. the headings to the paragraphs are inserted for convenience only and do not affect the interpretation.
  4. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
  5. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. What we offer

  1. We do not offer the Services in all countries. We may refuse your access to our Service if you live in a country we do not serve.
  2. You agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
  3. Our Website is designed to providing an information site for the Events listed. When you make a Booking through Our Website, you buy from the person who owns and operates that Event.
  4. When you make a Booking, you do so subject to the terms and conditions which form your contract with the Operator. 
  5. Neither we nor the Operator can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
  6. In any dispute with an Operator, you should deal only with the Operator. We have neither legal obligation nor detailed information about the Event.
  7. Event descriptions, illustrative photographs, format and timings given on Our Website are only intended to present a general idea of the Event, and shall not be considered binding.
  8. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
  9. We may change these terms and / or the way we provide the Services, at any time. If we do:
  • the change will take effect when we Post it on Our Website.
  • you agree to be bound by any changes.

 

4. Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  2. You agree that you have provided accurate, up to date, and complete information about you. We are not responsible for any error made as a result of such information being inaccurate.
  3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

 

5. How we handle your Content

  1. Our privacy policy is strong and precise. It complies fully with current law.
  2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
  3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
  5. We will use that licence only for commercial purposes with reference to Our Website and will stop using it after a commercially reasonable period of time.
  6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
  7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
  8. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
  10. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
  11. Please notify us of any security breach or unauthorised use of your account.
  12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 6.7 above.

 

6. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
 
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
 
  1. be unlawful, or tend to incite another person to commit a crime;
  2. consist in commercial audio, video or music files;
  3. be obscene, offensive, threatening, violent, malicious or defamatory;
  4. be sexually explicit or pornographic;
  5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
  7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
  8. link to any of the material specified in this paragraph;
  9. send age-inappropriate communications or Content to anyone under the age of 18.
 
 

7. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
 
In addition to the restrictions set out above, a Posting must not contain:
 
  1. hyperlinks, other than those specifically authorised by us.
  2. keywords or words repeated, which are irrelevant to the Content Posted.
  3. the name, logo or trademark of any organisation other than yours.
  4. inaccurate, false, or misleading information.
 

8. Removal of offensive Content

  1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
  2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police internet-related activities. However, we may do so without notice to you and without giving you a reason.
  3. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  4. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
  5. If you are offended by any Content, the following procedure applies:
  • your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or we may not.
 

9. Security of Our Website

If you violate Our Website we shall take legal action against you.
 
You now agree that you will not, and will not allow any other person to:
 
  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
  3. download any part of Our Website, without our express written consent;
  4. collect or use any product listings, descriptions, or prices;
  5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  7. share with a third party any login credentials to Our Website.
 
 

10. Interruption to Services

  1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
  2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
  3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

 

11. Disclaimers about the Events

  1. Be warned! Many of the Events offered through Our Website are dangerous. Dangers take many forms. We cannot be specific. We do not check nor approve nor recommend any Event offered by Our Website. In taking part in an Event you may be doing so at your own risk. All dangers may not be covered by the insurance of the Operator. The Event may not be insured in any way. We recommend that you take out a policy of insurance against all the risks you might encounter.
  2. Tasguide does not organise any Event and has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any Event (including loss, damage or theft of any personal property at an Event).
  3. In any case, Tasguide cannot be held responsible for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
  4. All of the Content on Our Website relating to any Event has been provided by Operators. We do not accept responsibility for the accuracy of any claim or advertisement.
  5. We make no representation, warranty or other provision with regard to the Events and you acknowledge that you do not rely on any made by us, but solely on your contract with the Operator.
  6. We give no warranty, representation or undertaking whatever as to the continuing business of the Operator or that any Event by an Operator will be safe, useful or suitable for you.
  7. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and an Operator.
  8. So far as concerns any Booking you make through Our Website, we are not liable for:
  • an Event complying with the requirement of any law ;
  • the Operator performing his contract.
 

12. Disclaimers and limitation of liability

  1. This paragraph is not about any service we sell through Our Website. It is about only the Service we ourselves provide in setting up the arrangement between you and one of our Event Operators.
  2. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  3. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  4. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $ 1,000. This applies whether your case is based on contract, tort or any other basis in law.
  5. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.
  1. We make no representation or warranty and accept no responsibility in law for:
  • accuracy of any Content or the impression or effect it gives;
  • delivery of Content, material or any message;
  • privacy of any transmission;
  • third party advertisements which are posted on Our Website or through the Services;
  • the conduct, whether online or offline, of any user of Our Website or the Services;
  • failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
  • loss or damage resulting from your attendance at an Event organised through Our Website;
  • any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
  • any aspect or characteristic of any goods or services advertised on Our Website
  1. We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
  1. If you become aware of any breach of any term of this agreement by any person, please tell us by email at [email address]. We welcome your input but do not guarantee to agree with your judgement
  2. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

13.  You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. your failure to comply with the law of any country;
  2. your breach of this agreement;
  3. any Content you Post to Our Website;
  4. a breach of the intellectual property rights of any person.

14. Miscellaneous matters

  1. You undertake to provide us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us your use of Our Website.
  2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  4. If you are in breach of any term of this agreement, we may:
  • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion;
  • issue a claim in any court.
  1. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  2. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
  3. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
  • It shall be deemed to have been delivered:

  • if delivered by hand: on the day of delivery;

  • if sent by post to the correct address: within 72 hours of posting;

  • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

  1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

  2. This agreement does not give any right to any third party.

  3. The validity, construction and performance of this agreement shall be governed by the laws of the State of Tasmania.