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ACCOMMODATION TERMS & CONDITIONS

*Terms and Conditions apply.

Subject to availability. By clicking on the 'Book Now' button, you agree to the following terms and conditions.

Booking

  • Reservations are subject to availability and actual pricing at the time of booking

  • All quotes are valid for 24hrs only. Any verbal quote given is an estimate only of price, which will be subject to written advice on confirmation of reservation.

  • All accommodation bookings must be paid in full to secure your booking.

  • Damage to property or bow top wagon will enquire penalties as detailed below.

  • All reservations will be confirmed by email

 

Refunds

  •  No refunds are given on bookings cancelled within 10 days of arrival

  • Refunds falling outside these times will be provided less any booking fees incurred by the Hotel for the transaction

 

Check in and check out

  • Standard check- in time is 3.00pm. The name of the booking (or nominee) must be the person checking in.

  • Standard check- out time by 10.00am.

  • Late check-out up is at the discretion of Wandering Wagons manager and must be requested the night before check out.  

  • Late check out after 11.00am will incur the full rate of one (1) nights’ accommodation.

  • Please notify in the event of late arrival. Arrivals will only be accepted when the Hotel is open for trade.  

Other​

  • Additional persons (including infants) will incur an additional charge

 

General terms and conditions​

  • Damage, breakages, theft, and losses are the tenants’ responsibility during their stay

  • Additional cleaning fees may apply as required

  • The consumption of drugs in rooms is strictly prohibited and may result in termination of booking, dismissal of guest without a refund and legal prosecution

  • Smoking is not permitted at any time in the Bow Top Wagon. An additional $200 cleaning fee will be charged.

  • For the enjoyment of all guests, noise restrictions apply after 9pm. Excessive noise is not tolerated

  • The number of guests must not exceed the number stated on the booking confirmation notice or subsequently agreed in writing or email

  • Lost or stolen keys will incur a $100 fee. Attempts will be made to contact the guest who will be given the opportunity to return keys taken. Failure to do so will result in the fee being charged.

  • Room degradation (such as vomit, bodily wastes) a $200 cleaning fee will be charged, plus any professional floor cleaning charges at cost, plus a daily room tariff equal to the daily tariff that we would charge if the room was available to be let or any other rate that may be agreed to by the management, in accordance with business demand on the day, until the Bow Top Wagon has been returned to its saleable condition

  • The breach of any of the above conditions may result in immediate termination of rental and charges

 

Party Policy

  • Zero tolerance party policy.

  • In the interest of quiet enjoyment and respect for all guests or neighborses, a no party policy applies to all guests staying at the property.

  • Guests are expected to be respectful of other guests at all times, and to be quiet between 9pm-7am.

  • No group congregations in individual Bow Top Wagon is permitted or tolerated. Immediate eviction with no refund applies to any breaches of this policy.

 

Cooking & Fire

  • Cooking in Bow Top Wagons is strictly forbidden. Camp Kitchen is available for cooking.

  • Fees for additional cleaning may apply should guest cook inside a Bow Top Wagons

  • Due to Fire regulations, Management must be aware of number of guests in rooms

  • NO CANDLES OR OPEN FLAMES PERMITTED.

  • Should a Fire Alarm be activated or a fire in the fire pit be lit and get out of hand and the Emergency Services attend, the cost of Emergency Services attending, will be charged to the guest.

WEBSITE TERMS AND CONDITIONS OF USE


About the Website Welcome to www.wanderingwagons.com.au (the 'Website'). The Website provides accommodation services on the Mornington Peninsula. (the 'Services'). The Website is operated by Wandering Wagons(ABN 86510425987). Access to and use of the Website, or any of its associated Products or Services, is provided by Wandering Wagons. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. Wandering Wagons reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Wandering Wagons updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Wandering Wagons in the user interface. Registration to use the Services In order to access the Services, you must first register for an account through the Website (the 'Account'). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address Preferred username Mailing address Telephone number You warrant that any information you give to Wandering Wagons in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. You may not use the Services and may not accept the Terms if: you are not of legal age to form a binding contract with Wandering Wagons; or (ii) (A) (B) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (a) 4. (i) (ii) (a) 5. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. Your obligations as a Member As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by: the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Wandering Wagons of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Wandering Wagons providing the Services; you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Wandering Wagons; you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Wandering Wagons for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Services is prohibited. Payment Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of: Electronic funds transfer ('EFT') into our nominated bank account Credit Card Payment ('Credit Card') (iii) (b) (c) (d) 6. (a) (i) (ii) (iii) (b) (c) 7. PayPal ('PayPal') All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Wandering Wagons can vary the Service Fee at any time. Refund Policy Wandering Wagons will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Wandering Wagons makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund'). Copyright and Intellectual Property The Website, the Services and all of the related products of Wandering Wagons are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Wandering Wagons or its contributors. All trademarks, service marks and trade names are owned, registered and/or licensed by Wandering Wagons, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use. Wandering Wagons does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Wandering Wagons. Wandering Wagons retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (i) (ii) (iii) (d) (a) 8. (a) (i) (ii) (b) (c) 9. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. You may not, without the prior written permission of Wandering Wagons and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. Privacy Wandering Wagons takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Wandering Wagons's Privacy Policy, which is available on the Website. General Disclaimer Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Wandering Wagons will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Wandering Wagons make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of (i) (ii) (iii) (iv) (a) (b) 10. (a) (i) (ii) (b) (i) (ii) (c) 11. Wandering Wagons) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Services or any of the products of Wandering Wagons; and the Services or operation in respect to links which are provided for your convenience. Limitation of liability Wandering Wagons's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that Wandering Wagons, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Termination of Contract The Terms will continue to apply until terminated by either you or by Wandering Wagons as set out below. If you want to terminate the Terms, you may do so by: providing Wandering Wagons with 5 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where Wandering Wagons has made this option available to you. Your notice should be sent, in writing, to Wandering Wagons via the 'Contact Us' link on our homepage. Wandering Wagons may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; Wandering Wagons is required to do so by law; (iii) (d) (i) (ii) (iii) (a) 12. (a) (b) (i) (ii) (c) 13. the provision of the Services to you by Wandering Wagons is, in the opinion of Wandering Wagons, no longer commercially viable. Subject to local applicable laws, Wandering Wagons reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Wandering Wagons's name or reputation or violates the rights of those of another party. Indemnity You agree to indemnify Wandering Wagons, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms. Dispute Resolution Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria Mediation Program or his or her nominee; (iii) (iv) (d) (e) (a) 14. (a) 15. (a) 16. 17. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; The mediation will be held in Melbourne, Australia. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. Venue and Jurisdiction The Services offered by Wandering Wagons is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia. Governing Law The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. Severence (a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 18. The Accommodation Gift Vouchers Terms and Conditions These Terms and Conditions of Use (Terms) apply to all Gift Vouchers issued by Wandering Wagons. Your purchase, redemption or attempted redemption of a gift voucher constitutes your acceptance to be bound by these terms and conditions of use and agreement to the privacy policy. DEFINITIONS Gift Vouchers means the gift card that you have purchased or received along with the accompanying Gift Vouchers Code. Gift Vouchers Code means the accompanying redemption code for the Gift Vouchers which is provided at the point of sale following the purchase of the Gift Vouchers. Remaining Gift Vouchers Value means, at any time, that portion of the initial value of your Gift Vouchers which is unspent and can be accessed as a credit in accordance with these Terms. Website means www.Wanderingwagons.com.au A reference to “we” or “us” is a reference to Wandering Wagon (ABN 86510425987). A reference to “you” or “your” is a reference to the person who is in possession of the Gift Vouchers at the relevant time for the purposes of these Terms, or who authorises another person to do something with or to the Gift Vouchers on their behalf. 1. GIFT VOUCHERS REDEMPTION AND EXCLUSIONS 1.1. Redemption Except for the exclusions listed in paragraph 1.2 (Exclusions) below, the Gift Vouchers has a AUD dollar value that can be used as currency towards purchases on the Website. 1.2. Exclusions The following are the exclusions applicable to the redemption of your Gift Vouchers: The Gift Vouchers is only redeemable for travel related purchases via Wandering Wagons. Defaced, mutilated, altered, lost or stolen Gift Vouchers Codes cannot be replaced, refunded or redeemed; The Gift Vouchers and the accompanying Gift Vouchers Codes are not redeemable for cash. The Gift Vouchers and the accompanying Gift Vouchers Codes will expire in 1 years from the date of issue. Cash will not be given or credited for any unused amount. Gift Vouchers cannot be used to purchase Gift Vouchers or other forms of payment. Further, Gift Vouchers cannot be purchased with Wandering Wagons. 2. HOW TO PURCHASE AND UTILISE THE VALUE OF YOUR GIFT VOUCHER 2.1. Purchase and book via website You may select the a value or to the value of a stay, as displayed on Wandering Wagons website. Follow the instructions for payment, you will be issued with a gift voucher to the value you have selected with a specific gift voucher code. To utilise your Gift Voucher contact us or email info.gypsywagons@gmail.com and advise us of the gift voucher code to start the purchase process of the travel product you wish to obtain using your gift voucher. 2.2. All Gift Vouchers Pay for your Gift Vouchers value with Australian Dollars using the payment method displayed on Wandering Wagons website or by electronic funds transfer into Wandering Wagons nominated account. Gift Vouchers will be activated at time of purchase. 3. USING YOUR GIFT VOUCHER 3.1. Making a purchase with your Gift Vouchers No change will be given for any Remaining Gift Vouchers Value. The Remaining Gift Vouchers Value may be used in whole or part as a credit to be used for future purchases until the Remaining Gift Vouchers expires. You agree that we can reduce the Remaining Gift Vouchers Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by: Giving us details of the Gift Vouchers and authorising the transaction in some other way approved by us or Advising the Gift Vouchers Code by phone or email when a travel related purchase is required. When you authorise a transaction: You are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and b. You are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Vouchers Value. 3.2. Purchases exceeding the Remaining Gift Vouchers Value Your Gift Vouchers may only be used to make purchases up to the initial Gift Vouchers value or the Remaining Gift Vouchers Value. If you wish to make a purchase for an amount that exceeds the Gift Vouchers value or the Remaining Gift Vouchers Value, you must pay the excess using another payment method. 3.3. Issue with goods or services purchased with a Gift Vouchers If you have an issue with any goods or services that you purchased with a Gift Vouchers you should contact us at info.gypsywagons@gmail.com. 3.4. No cash advances Gift Vouchers are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Vouchers, redeem your Gift Vouchers for cash or receive any portion of the Remaining Gift Vouchers Value in cash. 3.5. Checking your Gift Vouchers balance You will not be sent statements of transactions on a Gift Vouchers. Once you have made a purchase with your Gift Vouchers you can check any Gift Vouchers balance by requesting a balance update addressed to the email info.gypsywagons@gmail.com 3.6. Can I exchange my Gift Vouchers? You cannot exchange your Gift Vouchers for a different denomination or type of Gift Vouchers or for another form of payment, cash or discount. 3.7. Can I purchase a Gift Voucher using a Gift Voucher? Gift Vouchers cannot be used to purchase another Gift Voucher. 4. EXPIRY, CANCELLATION AND RE-ISSUE OF GIFT VOUCHERS 4.1. Expiry of Gift Vouchers Your Gift Vouchers will be valid for use for 3 year from the date of issue, for any purchase with Wandering Wagons. You should use all of the Remaining Gift Vouchers Value before the expiry date, on the expiry date Gift Vouchers have no value. 4.2. Cancellation and voiding of Gift Vouchers Gift Vouchers cannot be cancelled once they are issued except if voided by Wandering Wagons, if their value is used or if they expire. Wandering Wagons reserve the right to void any Gift Vouchers that appears to have been defaced, mutilated, altered or tampered with in any way. Wandering Wagons reserve the right to cancel any Gift Vouchers, or the Gift Vouchers program, without notice, if reasonably necessary. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Voucher. Wandering Wagons reserve the right to correct the balance of your Gift Vouchers if we believe that a clerical or accounting error has occurred. Wandering Wagons reserve the right to cancel any bookings made with Gift Vouchers that has been deemed to have been purchased with fraudulent funds. 4.3. Re-issue of faulty or damaged Gift Vouchers A re-issue of faulty or damaged Gift Vouchers is not available unless the fault or damage to the Gift Vouchers is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors. 5. LOST OR STOLEN GIFT VOUCHERS Treat your Gift Vouchers like cash. Lost or stolen Gift Vouchers will not be replaced or refunded. The bearer of the Gift Vouchers will be taken to be the owner of the Gift Vouchers. 6. YOUR RESPONSIBILITY AND PROTECTING YOUR GIFT VOUCHERS CODE You are responsible for the use and safety of your Gift Vouchers including the confidentiality of the card number and the Gift Vouchers Code. You are liable for all transactions on your Gift Vouchers including those which have occurred due to disclosure of your Gift Vouchers Code, except to the extent to which there has been fraud or negligence by us. 7. CHANGES TO THE TERMS We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is reasonably required and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the revised Terms on the Website. 8. PRIVACY AND CONFIDENTIALITY Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Vouchers. A copy of Wandering Wagons Privacy Policy is available on the Website. 9. LIMITATION OF LIABILITY You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Vouchers Value on your Gift Vouchers. 10. APPLICABLE LAW These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Voucher is exclusively subject to the jurisdiction of the courts of Victoria, Australia

2

Gift Vouchers

These Terms and Conditions of Use (Terms) apply to all Gift Vouchers issued by Wandering Wagons.

Your purchase, redemption or attempted redemption of a gift voucher constitutes your acceptance to be bound by these terms and conditions of use and agreement to the privacy policy.

DEFINITIONS

  • Gift Vouchers means the gift card that you have purchased or received along with the accompanying Gift Vouchers Code.

  • Gift Vouchers Code means the accompanying redemption code for the Gift Vouchers which is provided at the point of sale following the purchase of the Gift Vouchers.

  • Remaining Gift Vouchers Value means, at any time, that portion of the initial value of your Gift Vouchers which is unspent and can be accessed as a credit in accordance with these Terms.

  • Website means www.Wanderingwagons.com.au

  • A reference to “we” or “us” is a reference to Wandering Wagon
    (ABN 86510425987).

  • A reference to “you” or “your” is a reference to the person who is in possession of the Gift Vouchers at the relevant time for the purposes of these Terms, or who authorizes another person to do something with or to the Gift Vouchers on their behalf.

1. GIFT VOUCHERS REDEMPTION AND EXCLUSIONS

1.1. Redemption

Except for the exclusions listed in paragraph 1.2 (Exclusions) below, the Gift Vouchers has an AUD dollar value that can be used as currency towards purchases on the Website.

1.2. Exclusions

  • The following are the exclusions applicable to the redemption of your Gift Vouchers:

  • The Gift Vouchers is only redeemable for travel related purchases via Wandering Wagons.

  • Defaced, mutilated, altered, lost or stolen Gift Vouchers Codes cannot be replaced, refunded or redeemed.

  • The Gift Vouchers and the accompanying Gift Vouchers Codes are not redeemable for cash.

  • The Gift Vouchers and the accompanying Gift Vouchers Codes will expire in 3 years from the date of issue.

  • Cash will not be given or credited for any unused amount.

  • Gift Vouchers cannot be used to purchase Gift Vouchers or other forms of payment. Further, Gift Vouchers cannot be purchased with Wandering Wagons.

2. HOW TO PURCHASE AND UTILISE THE VALUE OF YOUR GIFT VOUCHER

2.1. Purchase and book via website

  • You may select a value or to the value of a stay, as displayed on Wandering Wagons website. Follow the instructions for payment, you will be issued with a gift voucher to the value you have selected with a specific gift voucher code.

  • To utilize your Gift Voucher contact us or email info.gypsywagons@gmail.com and advise us of the gift voucher code to start the purchase process of the travel product you wish to obtain using your gift voucher.

2.2. All Gift Vouchers

Pay for your Gift Vouchers value with Australian Dollars using the payment method displayed on Wandering Wagons website or by electronic funds transfer into Wandering Wagons nominated account.

Gift Vouchers will be activated at time of purchase.

3. USING YOUR GIFT VOUCHER

3.1. Making a purchase with your Gift Vouchers

  • No change will be given for any Remaining Gift Vouchers Value. The Remaining Gift Vouchers Value may be used in whole or part as a credit to be used for future purchases until the Remaining Gift Vouchers expires.

  • You agree that we can reduce the Remaining Gift Vouchers Value by the value of all purchases of goods and services that are authorized by you. Transactions are authorized by you by:

  1. Giving us details of the Gift Vouchers and authorizing the transaction in some other way approved by us or

  2. Advising the Gift Vouchers Code by phone or email when a travel related purchase is required.

When you authorize a transaction:

You are confirming that the transaction correctly represents the purchase price of the goods or services obtained, and you are agreeing to pay the amount of that transaction by the reduction of the Remaining
Gift Vouchers Value.

3.2. Purchases exceeding the Remaining Gift Vouchers Value

Your Gift Vouchers may only be used to make purchases up to the initial Gift Vouchers value or the Remaining Gift Vouchers Value. If you wish to make a purchase for an amount that exceeds the Gift Vouchers value or the Remaining Gift Vouchers Value, you must pay the excess using another payment method.

3.3. Issue with goods or services purchased with a Gift Vouchers

If you have an issue with any goods or services that you purchased with a Gift Vouchers you should contact us at info.gypsywagons@gmail.com.

3.4. No cash advances

Gift Vouchers are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Vouchers, redeem your Gift Vouchers for cash or receive any portion of the Remaining Gift Vouchers Value in cash.

3.5. Checking your Gift Vouchers balance

You will not be sent statements of transactions on a Gift Vouchers. Once you have made a purchase with your Gift Vouchers you can check any Gift Vouchers balance by requesting a balance update addressed to the email info.gypsywagons@gmail.com

3.6. Can I exchange my Gift Vouchers?

You cannot exchange your Gift Vouchers for a different denomination or type of Gift Vouchers or for another form of payment, cash or discount.

 

3.7. Can I purchase a Gift Voucher using a Gift Voucher?

Gift Vouchers cannot be used to purchase another Gift Voucher.

4. EXPIRY, CANCELLATION AND RE-ISSUE OF GIFT VOUCHERS

4.1. Expiry of Gift Vouchers

Your Gift Vouchers will be valid for use for 3 years from the date of issue, for any purchase with Wandering Wagons. You should use all of the Remaining Gift Vouchers Value before the expiry date, on the expiry date Gift Vouchers have no value.

4.2. Cancellation and voiding of Gift Vouchers

  • Gift Vouchers cannot be cancelled once they are issued except if voided by Wandering Wagons, if their value is used or if they expire.

  • Wandering Wagons reserve the right to void any Gift Vouchers that appears to have been defaced, mutilated, altered or tampered with in any way.

  • Wandering Wagons reserve the right to cancel any Gift Vouchers, or the Gift Vouchers program, without notice, if reasonably necessary. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Voucher.

  • Wandering Wagons reserve the right to correct the balance of your Gift Vouchers if we believe that a clerical or accounting error has occurred.

  • Wandering Wagons reserve the right to cancel any bookings made with Gift Vouchers that has been deemed to have been purchased with fraudulent funds.

4.3. Re-issue of faulty or damaged Gift Vouchers

A re-issue of faulty or damaged Gift Vouchers is not available unless the fault or damage to the Gift Vouchers is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.

 

5. LOST OR STOLEN GIFT VOUCHERS

Treat your Gift Vouchers like cash. Lost or stolen Gift Vouchers will not be replaced or refunded. The bearer of the Gift Vouchers will be taken to be the owner of the Gift Vouchers.

6. YOUR RESPONSIBILITY AND PROTECTING YOUR GIFT VOUCHERS CODE

You are responsible for the use and safety of your Gift Vouchers including the confidentiality of the card number and the Gift Vouchers Code. You are liable for all transactions on your Gift Vouchers including those which have occurred due to disclosure of your Gift Vouchers Code, except to the extent to which there has been fraud or negligence by us.

7. CHANGES TO THE TERMS

We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is reasonably required and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the revised Terms on the Website.

8. PRIVACY AND CONFIDENTIALITY

Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Vouchers. A copy of Wandering Wagons Privacy Policy is available on the Website.

9. LIMITATION OF LIABILITY

You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Vouchers Value on your Gift Vouchers.

10. APPLICABLE LAW

These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Voucher is exclusively subject to the jurisdiction of the courts of Victoria, Australia.

3

Equipment Rental Agreement

This Equipment Rental Agreement ("Agreement") is made once the booking has been made.

BACKGROUND

  1. The Owner is the proprietor of the equipment listed in the Schedule to this Agreement (“Equipment”).

  2. The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms and conditions in this Agreement.

 

OPERATIVE PROVISIONS

If the hirer of the equipment wishes to receive a full refund the hirer of the equipment must provide at least 10 days' notice of cancellation prior to the booking date to receive a full refund. If cancellation is less than 10 days prior to the booking date a cancellation fee of 50% of the full booking fee will be charged.

  1. Hire of Equipment

    1. The hiring of the Equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.

    2. The Hirer is entitled to use the Equipment for the hire period as outlined in the Schedule ("Hire Period") and for any agreed extension of the period.

    3. The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period as outlined in the Schedule.

    4. The Owner will not refund any Hire Fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.

  2. Payment for rental

    1. The Hirer agrees to pay the Owner the hire fee specified in the Schedule ("Hire Fee") for the Equipment for the Hire Period.

    2. The Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.

    3. The Hire Fee does not include any GST. If the Owner is registered for GST, the Owner shall be entitled to add any applicable GST to the Hire Fee.

  3. Use, operation and maintenance

    1. The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.

    2. The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

    3. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.

    4. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.

    5. The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. In the event that the Equipment is not thoroughly clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.

    6. Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
       

  4. Cancelation and Reschedules
    If the hirer of the equipment wishes to receive a full refund the hirer of the equipment must provide at least 10 days' notice of cancellation prior to the booking date to receive a full refund. If cancellation is less than 10 days prior to the booking date a cancellation fee of 50% of the full booking fee will be charged.
     

  5. Hirer’s warranties

    The Hirer warrants that:

    1. the Equipment will be used in accordance with the conditions outlined in the Schedule;

    2. the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;

    3. the Equipment will not be used for any illegal purpose;

    4. the Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;

    5. the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and

    6. the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

    7. the Hirer shall not move or attempt to move the Equipment.
       

  6. Taxes

    1. The Hirer will report and pay all taxes, fees and charges associated with the Equipment, with the use of the Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence and registration fees.

    2. The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Equipment. If the Hirer fails to perform the obligations in this clause, the Owner may, but is not obligated to, do so at the Hirer's expense.

    3. Notwithstanding any other provision of this Agreement, the Hirer will not be required to pay any tax, fee or charge if the Hirer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of same, or in the absence of a prescribed form, in a reasonable manner. However, the Hirer will indemnify and reimburse the Owner for damages and expenses incurred by the Owner arising from or related to the Hirer's failure to pay any tax, fee or charge, regardless of whether the Hirer is contesting the validity of the same or not.

    4. If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will reimburse the Owner for the cost upon notification from the Owner of the amount.
       

  7. Indemnity

    The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.
     

  8. Loss, Damage or Breakdown of Equipment

    1. The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.

    2. If there is a breakdown or failure of the Equipment, then the Hirer must return the Equipment to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.

    3. Prior to the Owner handing over the Equipment to the Hirer, the Hirer must read and sign the Owners Condition Report showing the state of the Equipment at the time of hand over.
       

  9. Insurance

    The Owner will maintain current insurance policies in respect of the Equipment to its full insurable value.
     

  10. Liability

    The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.
     

  11. Disclaimer

    To the extent permitted by law the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.
     

  12. Title

    1. The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.

    2. The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
       

  13. Repossession

    1. The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.

    2. If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.
       

  14. Completion of the Hire Period

    The Hire period is completed when the Owner collects the Equipment from the Hirer. The Owner will collect the Equipment from the Hirer from the date and time set out in the schedule. If the Owner is unable to collect the Equipment because the Owner is unable to access it ( because, e.g. locked gates or the location is unsafe,) the Hirer must pay an additional Fee for the delay in collecting the Equipment as set out in the schedule.
     

  15. Default

    1. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:

      1. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.

      2. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.

      3. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
         

  16. Remedies

    1. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies ("Remedies"):

      1. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.

      2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.

      3. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.

      4. Terminate this Agreement immediately upon written notice to the Hirer.

      5. Pursue any other remedy available in law or equity.
         

  17. Non-merger

    The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
     

  18. Severance

    If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
     

  19. Governing law

    This Agreement will be construed in accordance with and governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria there in connection with matters concerning this Agreement.
     

  20. Interpretation

    1. In this Agreement, unless the context otherwise requires:

      1. A reference to the singular includes the plural and vice versa;

      2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;

      3. A reference to an individual will include corporations and vice versa; and

      4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.

      5. Headings are for convenience only and do not affect interpretation.

4

Website Terms
  • About the Website

    1. Welcome to www.wanderingwagons.com.au (the 'Website'). The Website provides accommodation services on the Mornington Peninsula. (the 'Services').

    2. The Website is operated by Wandering Wagons(ACN )(ABN )(ABN 86510425987). Access to and use of the Website, or any of its associated Products or Services, is provided by Wandering Wagons. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

    3. Wandering Wagons reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Wandering Wagons updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

  • Acceptance of the Terms

    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Wandering Wagons in the user interface.

  • Registration to use the Services

    1. In order to access the Services, you must first register for an account through the Website (the 'Account').

    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address

      2. Preferred username

      3. Mailing address

      4. Telephone number

    3. You warrant that any information you give to Wandering Wagons in the course of completing the registration process will always be accurate, correct and up to date.

    4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

    5. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with Wandering Wagons; or

      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

  • Your obligations as a Member

    1. As a Member, you agree to comply with the following:

      1. you will use the Services only for purposes that are permitted by:

        1. the Terms; and

        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Wandering Wagons of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Wandering Wagons providing the Services;

      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Wandering Wagons;

      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Wandering Wagons for any illegal or unauthorised use of the Website; and

      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

  • Payment

    1. Where the option is given to you, you may make payment of the Subscription Fefor the Services (the ' Services Fee') by way of:

      1. Electronic funds transfer ('EFT') into our nominated bank account

      2. Credit Card Payment ('Credit Card')

      3. PayPal ('PayPal')

    2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

    3. You acknowledge and agree that where a request for the payment of the Subscription Fee Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription FServices Fee.

    4. You agree and acknowledge that Wandering Wagons can vary theSubscription Fee Service Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

  • Refund Policy

    Wandering Wagons will only provide you with a refund of the Subscription Fee Services Fee in the event they are unable to continue to provide the Services or if the manager of Wandering Wagons makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

  • Copyright and Intellectual Property

    1. The Website, the Services and all of the related products of Wandering Wagons are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Wandering Wagons or its contributors.

    2. All trademarks, service marks and trade names are owned, registered and/or licensed by Wandering Wagons, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

      1. use the Website pursuant to the Terms;

      2. copy and store the Website and the material contained in the Website in your device's cache memory; and

      3. print pages from the Website for your own personal and non-commercial use.

      Wandering Wagons does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Wandering Wagons.

    3. Wandering Wagons retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

      to you.

      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

    4. You may not, without the prior written permission of Wandering Wagons and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  • Privacy

    1. Wandering Wagons takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Wandering Wagons's Privacy Policy, which is available on the Website.

  • General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    2. Subject to this clause, and to the extent permitted by law:

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

      2. Wandering Wagons will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Wandering Wagons make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Wandering Wagons) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

      3. costs incurred as a result of you using the Website, the Services or any of the products of Wandering Wagons; and

      4. the Services or operation in respect to links which are provided for your convenience.

  • Limitation of liability

    1. Wandering Wagons's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

    2. You expressly understand and agree that Wandering Wagons, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  • Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by Wandering Wagons as set out below.

    2. If you want to terminate the Terms, you may do so by:

      1. providing Wandering Wagons with 5 days' notice of your intention to terminate; and

      2. closing your accounts for all of the services which you use, where Wandering Wagons has made this option available to you.

      Your notice should be sent, in writing, to Wandering Wagons via the 'Contact Us' link on our homepage.

    3. Wandering Wagons may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. Wandering Wagons is required to do so by law;

      3. the provision of the Services to you by Wandering Wagons is, in the opinion of Wandering Wagons, no longer commercially viable.

    4. Subject to local applicable laws, Wandering Wagons reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Wandering Wagons's name or reputation or violates the rights of those of another party.

  • Indemnity

    1. You agree to indemnify Wandering Wagons, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

      3. any breach of the Terms.

  • Dispute Resolution

    1. Compulsory:

      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice:

      A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution:

      On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

      2. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria Mediation Program or his or her nominee;

      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

      4. The mediation will be held in Melbourne, Australia.

    4. Confidential:

      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

    5. Termination of Mediation:

      If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

  • Venue and Jurisdiction

    1. The Services offered by Wandering Wagons is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  • Governing Law

    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  • Independent Legal Advice

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  • Severence

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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