Terms and Conditions
Last revision: 4 November 2023
Thank you for visiting our website. This website is owned and operated by THE HIKING CLUB PTY LTD. ABN:39649162318. By accessing and/or using this website and related services, you agree to these Terms and Conditions (sometimes also referred to as “Terms” or “Terms of Service”), which include our Privacy Policy (https://www.thehiking.club/privacy-policy). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, The Hiking Club, 'us', 'we', and 'our' means THE HIKING CLUB PTY LTD.
Registration
You may need to be a registered customer to access products and services on our website.
When you register and activate your account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (https://www.thehiking.club/privacy-policy).
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the website in accordance with these Terms.
Collection Notice
We collect personal information about you in order to operate our business and deliver our products and service, eg, respond to your inquiries, process your registration, provide you with our products and service, and for purposes otherwise set out in our Privacy Policy at (https://www.thehiking.club/privacy-policy)
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@thehiking.club.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Promotions and Competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Purchases
The Hiking Club offers products and services that you can purchase individually, such as events and consultations, or only within a bundle, such as our App, GPS Map, and Itinerary Document. Each of these are known individually as our “Products”. When more than one of these Products are available for purchase in a bundle, they are known as our “Packages”. Access will be granted for up to 12 months, unless otherwise stipulated, with a description of features and conditions associated with each Product and Package available on our pricing and product pages.
When you purchase a Product or Package (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. If you choose to initiate a Transaction, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; and (b) to bear any additional charges that your card, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. For Transactions made on our website, you will receive a confirmation email after we confirm the payment for your order. Your order is not binding until accepted and confirmed by us.
All payments made are non-refundable and non-transferable except as expressly provided in these Terms or in our Refund and Returns Policy (https://www.thehiking.club/refund-policy).
We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, you have purchased our product for commercial use, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). We will either not charge you or refund the charges for orders that we do not process or cancel.
We do our best to describe our Products and Packages as accurately as possible. However, we do not warrant that product specifications, pricing, or other content is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, The Hiking Club shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from The Hiking Club is not as described, your sole remedy is to request a refund for the purchase price.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website ( known as our “Content”).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
No commercial use
This website and our Products and Packages are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, Products or Packages contained within or downloaded from this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Accuracy, completeness, and timeliness of information
The Content on our website and contained within our Products and Packages is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to our Content (including the Terms) However, we do not undertake to keep the Content updated. We are not liable to you or anyone else if errors occur in the Content or if it is not up-to-date.
We take all reasonable care to ensure that our Content is accurate at the time of publishing, including on our website, in your trip itinerary, in your GPS map, and other information we give to you. We are not liable if any Content is incorrect before, during or after your trip, in particular when the information is (a) attributed to anyone other than us, (b) due to unusual and unforeseeable circumstances beyond our control, and could not have been avoided even if all due care had been taken; or (c) due to an event which we could not foresee, even with due care. By using our Products, Packages and Content, including our GPS maps, you take full responsibility for applying, and where necessary adapting, the information to situations you encounter before, during and after your trip.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the Content, Products, or Packages from it, or as a result of the inaccessibility of this website and/or the fact that certain Content or materials contained on it are incorrect, incomplete or not up-to-date.
You acknowledge that any reliance on our Products, Packages, or Content shall be at your sole risk and responsibility. You accept that hiking carries a danger of death or serious injury and that delays and alterations and resulting annoyances are possible in mountainous regions. In particular, you and other group members must: a) have a level of fitness appropriate to the trip; b) have a level of hiking skill appropriate to the trip, including balance on rough ground, experience operating in poor weather in the mountains, and able to navigate competently in the mountains; c) act carefully at all times; d) come suitably equipped.
You use The Hiking Club Products and Packages, including our App, GPS maps and itineraries, as well as our Content, including from our website, blogs, events, emails and social posts, at your own discretion and risk.
The Hiking Club shall not be held responsible for any loss, injury or damage that may occur during your participation in any activity associated with our Products, Packages or Content. You are responsible for assessing your own abilities, evaluating the appropriateness of undertaking the recreational activities and arranging the appropriate insurance.
We are not responsible for any incidental costs (flights, transfers, accommodation, visas, insurance and other incidental costs) incurred by you before, during or after your trip or in any circumstances.
Jurisdiction and governing law
The Terms constitute the entire agreement between you and us and govern your use of our Products, the Packages, and Content, superseding any prior agreements. You may be subject to additional terms and conditions that may apply when you use affiliate or third party content or services. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. No The Hiking Club consent or approval may be deemed to have been granted by The Hiking Club without being in writing and signed by an officer of The Hiking Club The provisions of these Terms and any applicable Additional Terms which by their nature should survive termination of your use of the Service will survive.
The Hiking Club reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. The Hiking Club may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
The Hiking Club controls and operates the Service from Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to Australian export controls, and, except as authorized by law, you agree and warrant not to export or re-export the software to any country or to any person, entity, or end-user subject to Australian export controls or sanctions.
If you have any questions or comments, please send an email to info@thehiking.club. You acknowledge that the provision of support is at The Hiking Club’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be emailed to: info@thehiking.club. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.