TERMS OF SERVICE

Refund & Cancellation Policy

  1. The organiser may change the route if logistics or conditions demand it
  2. The event will run in most weather conditions if it is safe to do so
  3. In the case of an extreme weather event such as a flood, the organiser may postpone the event to another date. We suggest you get travel insurance to cover your flights for a postponement scenario.
  4. Refund & cancellation Policy. 
    1. Cancel >6 months: Full refund minus payment processor fees (approx $35 for a $750 ticket)
    2. Cancel <6months, >1 month: 50% minus payment processor fees (approx $35 for a $750 ticket)
    3. Cancel < 1 month: No refund
    4. We highly recommend that separate travel insurance is taken to avoid any monetary loss incurred by unforeseen circumstances.

Event Liability Waiver

When you register for this event you will be required to complete the waiver below.

This waiver forms a binding contractual agreement between you and Oasis Adventure Co Pty Ltd ABN 64 680 875 183 (Oasis Adventure Co).

This waiver is entered into in consideration for you requesting and being permitted to participate in the Tinny Rally (Event).

Application of Waiver

  1. By ticking the box, you (or if you are a minor, your parent or guardian) acknowledge and agree to the terms of this waiver.

  2. Where this waiver is accepted by parent or guardian on behalf of another individual, that parent or guardian warrants that they have sufficient authority to accept this waiver on that individual’s behalf and agrees to indemnify each Oasis Adventure Co for any loss or damage suffered by Oasis Adventure Co if this waiver is found to be unenforceable against that individual for any reason.

Pets

  1. Not permitted for insurance reasons.

Events

  1. Your participation in the Event involves risk to you and your other property, including the risk of serious injury or death.

  2. You acknowledge that participation in the Event may involve inherent hazards and risks, including, but not limited to, lack of phone and internet reception, distance from medical services, behaviour of participants and spectators, varying weather conditions, risks of hyperthermia/hypothermia, physical exhaustion, and appropriateness of participants’ equipment. You understand that these factors may further enhance the risk of participation. By participating in the Event, you assume full responsibility for assessing and managing these risks, including ensuring your own safety and well-being

  3. You do not have a medical condition which might have the effect of making it more likely that you will be involved in an accident or otherwise sustain a serious injury or die.

  4. If you consume alcohol during the event, you acknowledge and agree that you will do so in a responsible manner and if driving, only drive while under the legal blood alcohol limit as failure to do so will impair your ability to participate in any Event safely and may result in significant injury or death to you or others.

  5. You acknowledge and agree that you must not participate in any Event while under the influence of drugs or illicit substances as those substances impair your ability to participate in any Event safely and may result in significant injury or death to you or others.

  6. You acknowledge and agree that any minor participants will be accompanied by their parent or legal guardian at all times during any Event.

Equipment

  1. You are responsible for the provision of all of your own equipment required for participation in the event, which includes your own registered boat and boat trailer, safety equipment including life jackets, camping equipment, food and fuel.

  2. You are responsible for ensuring that all of your equipment is secured including while unattended and Oasis Adventure Co will not be liable for any damage to or loss of your equipment.

Exclusion from Event

  1. You agree to adhere to the rules and follow the instructions provided by the Oasis Adventure Co and officials. You acknowledge that your participation may be invalidated based on your actions or conduct. Oasis Adventure Co reserves the right to disqualify any participant from the event, including but not limited to the following reasons:

    1. Being in breach of any of the terms of this Waiver.

    2. Failure to comply with instructions from Oasis Adventure Co.

    3. Being deemed unfit by Oasis Adventure Co to participate.

    4. Being financially delinquent or owing funds to Oasis Adventure Co.

    5. Any other reason deemed appropriate by Oasis Adventure Co (in a reasonable manner).

 

Weather Conditions

  1. You acknowledge and agree that Events take place in most weather conditions and will only be cancelled or rescheduled by Oasis Adventure Co due to extreme weather conditions such as bushfires and floods which require immediate evacuation as directed by the relevant government authority.

Waiver of Risks

  1. You understand and acknowledge that the Event may expose you to risk, including accidents, injury, illness or even death. You assume all risk of injuries associated with participation in the Event, including but not limited to, falls, contact with other participants, contact with wildlife including snakes and insects, equipment failure, risks inherent in camping at remote riverbanks and swimming in rivers and the loss of your personal property, and exclude Oasis Adventure Co from any liability.

  2. The Event may subject you to strenuous physical exercise which may subject you to risk of serious injury or even death. Oasis Adventure Co urges you to obtain a physical examination from a doctor before participating in any Event. You agree that when you engage in the Event, you do so entirely at your own risk.

  3. You agree that if you sustain any injury or illness or begin to feel faint or unwell while at an Oasis Adventure Co facility, you must cease participation in any Event and must immediately call 000 for medical assistance if you suffer a medical emergency or serious injury requiring urgent treatment. Oasis Adventure Co is not responsible for administering any first aid or other medical treatment and is not responsible for contacting emergency services for participants.

Consult with a medical professional

  1. If you are concerned or unsure about your ability to participate in the Event, you should seek professional medical advice.

  2. You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Event or that if you are aware of such Conditions, you participate in any Event provided by Oasis Adventure Co entirely at your own risk. If you believe an Event will not be safe, you must inform us of that fact and not participate in such Event.

Not specific advice

  1. You acknowledge and agree that any information provided about and during the Event including planning guides and suggested routes is strictly general in nature and should not be relied upon as specific advice, including medical advice, under any circumstances and you are responsible for completing your own research and risk assessment as well as seek relevant professional (including medical advice) where required.

Licence and Insurance

  1. You acknowledge and agree that you are required to maintain your own insurance coverage to protect against any risks associated with their participation in the Event. It is the responsibility of each participant to ensure they have adequate insurance coverage to mitigate such risks.

  2. It is a requirement that any participant that will be operating a boat has a current and suitable boat licence.

  3. It is a requirement that each participant provides evidence of insurance (at a minimum 3rd party insurance with a suitable marine insurer) to Oasis Adventure Co prior to participating in any Event.

  4. The event organiser holds public liability insurance to cover the organiser, this does not cover participants.

Media

  1. Oasis Adventure Co may produce photography or videography (Media) featuring you during your participation in the Event. You consent for the Media to be used by or on behalf of Oasis Adventure Co for publication on Oasis Adventure Co’s website, social media accounts, marketing and promotional material, and on any other website or in any media Oasis Adventure Co may select for publication. You assign (including as a present assignment of future copyright) and transfer to Oasis Adventure Co all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media. You release Oasis Adventure Co from, and indemnify Oasis Adventure Co against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against Oasis Adventure Co.

Indemnity & Release

  1. You exclude Oasis Adventure Co and its officers, employees and contractors, the organisers, sponsors, other participants and any other persons involved in your participation in the Event with Oasis Adventure Co (Releasees) from any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property in connection with your participation in the Event with Oasis Adventure Co, whether or not caused by the negligence of a Releasee.

  2. You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Event with Oasis Adventure Co where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of this waiver or any other agreement between you and Oasis Adventure Co.

  3. You agree that should any part of this waiver be found by a court of law to be against public policy, in violation of any state statute or case precedence, or otherwise unenforceable, then only that wording is removed, and the remainder of this waiver will remain in full force.

 

Website Terms and conditions of use

1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 [You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.]
1.5 [Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].]
2. Credit
2.1 This section was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) Tinny Rally (c) Oasis Adventures
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) [stream audio and video files from our website; and]
(e) [use [our website services] by means of a web browser,]
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 [Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [access or otherwise interact with our website using any robot, spider or other automated means;]
(f) [violate the directives set out in the robots.txt file for our website; or]
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
5.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6. Registration and accounts
6.1 [To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and resident in Australia].]
6.2 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].
7. User IDs and passwords
7.1 If you register for an account with our website, [we will provide you with / you will be asked to choose] a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) [suspend your account;]
(b) [cancel your account; and/or]
(c) [edit your account details,]
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website [using your account control panel on the website].
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 [You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.]
9.5 [You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.]
9.6 [You may edit your content to the extent permitted using the editing functionality made available on our website.]
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) [depict violence[, in an explicit, graphic or gratuitous manner];]
(m) [be pornographic[, lewd, suggestive or sexually explicit];]
(n) [be untrue, false, inaccurate or misleading;]
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
(p) [constitute spam;]
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]
(r) [cause annoyance, inconvenience or needless anxiety to any person.]
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 [To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.]
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
14.3 [If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.]
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
21. Our details
21.1 This website is owned and operated by Oasis Adventures.