Terms & Conditions

Effective Date: 8/12/21

Welcome to https://groundedexplorer.com

This Site is owned and operated by Grounded Explorer (ABN 42 782 124 474) trading as Grounded Explorer (referred to in these terms as “Grounded Explorer”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”). 

We would appreciate it if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site and Services.

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

NO MINORS

By using the Site or purchasing any Services, you warrant that you:

1. are over 18 years of age and have the legal capacity to enter into a legally binding contract;
2. have read and accepted these Terms; and
3. will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and Services. If at any time you choose not to accept these Terms, you should not use this Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with our Services. 

INTELLECTUAL PROPERTY

The Site contains intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).

Your use of the Site and our Services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the Services or the content.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Services or our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Services, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible, for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

PRIVACY

These Terms also include our Privacy Policy which can be accessed here [insert link to your Privacy Policy].

OUR SERVICES

Please make sure that you read this section carefully before making a booking. By making a full payment, you are accepting these terms and conditions. We reserve the right to refuse to accept bookings at our absolute discretion, without providing a reason for doing so.

Grounded Explorer offers guided walks for the purpose of educating people about the natural environment while practicing breathing and mindfulness exercises. Our Service facilitates these activities for people participating in rehabilitation services.

For longer walks we provide refreshments. You are able to indicate any dietary requirements of the participants, including vegan, dairy-free and gluten-free. We endeavour to ensure that all of our refreshments are nut-free, however we cannot be held responsible for any allergic reactions suffered by participants.

 

WAIVER

Every participant must read and sign the Waiver that was provided alongside your deposit invoice and these Terms. Please provide us with the signed Waiver at least 2 days prior to the booked date for the Services. If the Waivers are not signed and given to us prior to commencement of the Services, you will not be permitted to participate. If you do not provide a signed Waiver and are therefore unable to participate, you will not be entitled to a refund. 

 

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you have purchased our Services, they will be charged at the price in force at the time that your booking is made.

Deposit

Booking the Services requires a deposit amounting to 10% of the total cost to secure your date and time. Your booking must be made at least 7 days prior to the intended date. The remaining 90% of the total cost will be payable 5 days prior to the booked date.

We offer the option to pay by credit card or direct deposit. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may refuse to perform the Services or engage a debt collection agency. Any fees associated with collection will be payable by you. 

CANCELLATIONS AND RESCHEDULING

If you need to cancel

If you need to cancel the Services, you must provide 7 days’ notice via email at admin@groundedexplorer.com.au  Provided you have given 7 days’ notice, you must contact us, also via email, to reschedule the Services within 24 hours. Failure to do so will result in forfeiture of your deposit and should you wish to proceed with the Services, a new deposit fee will be incurred.

If you cancel the Services less than 7 days prior to your booked date, you will forfeit your deposit and an additional 50% of the overall fee to cover our costs incurred. You can choose for the remaining 25% to be used towards future Services or refunded to your nominated account.

If we need to cancel

We reserve the right to cancel the Services for any reason. However, we will not cancel your booking less than 2 days prior to the booked date unless there is a Force Majeure event of any kind (such as COVID-19 restrictions, inclement weather or our incapacitation due to illness). If this is the case, the Services will be rescheduled at no extra cost to you. Any remaining payment will be required at least 5 days prior to the rescheduled Services.

We provide no guarantees regarding our availability if the Services need to be rescheduled for any reason, however we will endeavour to reschedule the Services as promptly as possible for a mutually suitable date and time. 

Under no circumstances will we be responsible for any costs, loss or damage incurred by you if the Services are cancelled.

REFUNDS

Our fees are non-refundable except as required by law or in extenuating circumstances at our sole discretion. We are unable to provide refunds simply because your situation has changed or you have changed your mind, or if you fail to provide a waiver and are unable to participate.

If the Services are cancelled due to a Force Majeure event and are unable to be rescheduled by us, you are entitled to a refund of 75% of the total fee for the Services, or if the balance has not yet been paid, you will not need to process payment. Any refund will be deposited into your nominated bank account within 14 days of the original booked date.

The deposit is not refundable under any circumstances.

LIMITATION OF LIABILITY – OUR SERVICES

By participating in our Services, you are taken to have acknowledged and agreed that we take no responsibility for any loss or damage suffered by you. You release us from all liability and indemnify us against any loss or damage to any person or property that may occur during, or as a result of, the Services.

If you have a pre-existing health condition that may impact your participation, you must consult a medical professional to confirm the suitability of the Services for you. You are encouraged to disclose any physical injuries or impairments that may impact your ability to participate in the activities involved in the Services, so that we can make changes to the Services accordingly or advise you not to participate.

INFORMATION AND ADVICE

Our Site may have articles and content that are of a general nature and are not intended to constitute or replace professional advice for individual or specific circumstances.

If we reference any services on our Site, this does not constitute or imply our endorsement, sponsorship or recommendation of the services.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and Services. Through the use of this Site, you may be invited to submit a review, comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! 

Where you do decide to submit such feedback or comments, you warrant that:

1. you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
2. give us permission to post or otherwise use that feedback on our social media or other channels;
3. you waive any and all existing and future moral rights, as defined in the Copyright Act 1968 (Cth), in the content you provide us;
4. the content does not violate these Terms; and
5. you are at least 18 years old.
6. We reserve the right to remove a review or comment if such review or comment contains:

1. libelous or otherwise unlawful, abusive or obscene material;
2. attacks on our employees or another contributor;
3. contains material that discloses your personal information; or
4. is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the services, which in no way represent the views or opinions of Grounded Explorer. We disclaim all liability with respect to any content submitted by other users.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, or state regulations, rules, laws, or local ordinances.

You must also not attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or services, including that they are suitable, reliable, complete, secure, accurate or fit for any particular purpose, access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm, or that there is no possibility of failure to store communications or other data. 

LIMITATION OF LIABILITY – WEBSITE USE

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.