Purpose

RoarAdventures.com (Website) is owned and operated by Power Sport Parts Pty Ltd (ABN: 31 091 324 980) trading as Roar Adventures (we, our or us).

Through the Website, we help travellers to research, find, book and rate tour and travel adventures worldwide.

Acceptance of terms

  1. Agreement
    You agree that by accessing or using the Website, or making a booking for a Product displayed on the Website, you are bound by these Terms of Use for your access and use of the Website and our Services. If you do not agree to the Terms of Use, please do not use or book a Product using this Website.
  2. Use of Website
    As a condition of your use of our Services, you warrant that:
    1. you are at least 18 years of age;
    2. you possess the legal authority to enter into this Agreement, use this Website, and book the Product;
    3. all information you supply is true, accurate, current and complete, and to the extent you provide about other individuals, you are authorised to provide such information on their behalf;
    4. you agree that you will use the booking functionality of this Website to make only legitimate reservations for you or others for whom you are legally authorised to act, and only in accordance with these Terms of Use;
    5. you will not use this Website for any purpose that is unlawful or prohibited by this Agreement;
    6. you will inform such other person/s about the Terms of Use that apply to bookings you make on their behalf, including all applicable rules and restrictions; and
    7. if you have an account on the Website, you will safeguard your Login and will supervise and be completely responsible for any use of your Login or account by you and anyone other than you.
  3. Changes to these terms
    1. You agree that we may update these Terms of Use at any time, by giving you notice in any of the ways mentioned in clause 14.6.b.
    2. After we give you such a notice your continued use of our Services will signify your agreement to and acceptance of the Terms of Use as amended, with effective from that date.
  4. Privacy policy
    If you provide us with personal information (as defined in the Privacy Act 1988 (Cth)), we will handle your personal information in accordance with our Privacy Policy.

Website availability and security

  1. Security
    You alone are responsible for your use of the Website and your protection of your password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account.
  2. Suspension
    We may suspend (in part or in whole), and without prior notice to you, your access to the Website or the Services if:
    1. there is a malfunction, fault or breakdown of any of our (or our contractor's) equipment or if we (or our contractor) needs to do any repairs, maintenance or service on any part of the Website;
    2. we are required by law to do so;
    3. an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Services;
    4. we suspend your access to the Website under clause 7.2 for your prohibited conduct;
    5. if someone claims the Services infringes the Intellectual Property Rights of any person;
    6. if someone brings a Claim that exposes us to liability or prosecution for an offence or liability to a statutory prosecution; or
    7. if we determine you are in breach of the Agreement, including where we determine you have failed to meet your obligations under clause 7.
    A suspension of any of these reasons will not affect any right which accrue prior to, or after, suspension of our obligations under these Terms of Use.
  3. Fraud; suspicious activity
    1. If you make a booking or we detect that your account shows signs of fraud, abuse or suspicious activity, we may verify (including by pre-authorising) your credit card; and/or cancel any booking associated with your name, email address or account, and close any associated accounts.
    2. If you have carried out any fraudulent activity, we may take necessary legal action and you may be liable for any Loss we incur, including litigation costs and damages.
    3. If you wish to contest the cancellation of a booking or a suspension/deactivation of your account, please contact us.
  4. Downtime and Limitations
    You agree that:
    1. access to the Website may occasionally be limited due to Scheduled Maintenance;
    2. access to the Website is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the Website;
    3. although we will use reasonable endeavours to ensure you have continuous access to the Website, we are not be liable to you or any other person for any Claim or to any other extent for Loss or damage caused by such factors; and
    4. you will have no Claim against us in respect of loss of access or functionality to the Services referred to in this clause.

Products

  1. Product descriptions
    1. Unless stated otherwise, product information displayed on our Website is provided to us by tour operators or other suppliers or their agents (Third Party Suppliers). This includes (but is not limited to) Product descriptions, inclusions/exclusions and Product availability dates. We are not responsible for such information and we rely on the accuracy of the information supplied by our Third Party Suppliers.
    2. If we become aware that the information provided by a Third Party Supplier is incorrect or incomplete, we reserve the right to correct the information (including, but not limited to, pricing information) and amend your booking (in consultation with you) so that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. We will advise you of such charges before you are required to decide whether to proceed with that booking.
  2. Third Party Supplier's terms and conditions
    1. Some Third Party Suppliers may impose additional terms and conditions on your booking or purchase of any tour- or travel-related products and services. These additional terms and conditions may include, for example, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant Third Party Supplier's rules and restrictions regarding availability and use of products or services.
    2. Where the relevant tour operator or Third Party Supplier provides such additional terms to us, we will advise you of them before you are required to confirm your booking. Please read such additional terms and conditions carefully. By proceeding with the booking, you signify your agreement to abide by the tour operator or Third Party Supplier's additional terms and conditions.
    3. Some tour operators or Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver as a condition prior to participating in the service and/or activity they offer.
    4. You understand and agree that any violation of any such rules and restrictions or requirements (including as described in this clause 4.2) may result in cancellation of your booking(s), in your being denied access to the applicable services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.
    5. Unless stated otherwise, we do not operate or control the Products displayed on our Website, or act as co-vendors with Third Party Suppliers with whom you can make a Product booking through the Website.

Pricing; payments

  1. Prices and money
    Unless specified otherwise, prices for Products and other amounts of money displayed on the Website:
    1. are per-person;
    2. do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation taxes; and
    3. do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically listed under “Inclusions” on the product pages of the Website.
  2. Payment
    1. When we receive your booking request, we also collect your payment card details and save them securely with our third party payment provider (but not on our systems). Unless stated otherwise, we transact all credit and debit card payments through Stripe LLC. Stripe LLC may store your payment card details in accordance with its privacy policy.
    2. In order to successfully complete a booking, you must pay the full price for the booking when your request is made. At our discretion, we may permit you pay a deposit when you make a booking request, and make instalment payments towards the total price of your booking, at various times before your tour or travel starts.
    3. We may cancel your booking if we do not receive full payment within the time specified in the booking request.
  3. Currency and exchange
    1. Unless stated otherwise all amounts are shown, and will be charged to you, in Australian dollars. The Website may offer to display the pricing for a booking in an alternative currency, in which case the amount is an estimate only of the converted price to your nominated currency, relying on exchange rates provided by our financial institution or electronic payments processor at the time it is displayed.
    2. The total price for your booking may be subject to local or overseas taxes, duties, foreign transaction, currency exchange or other fees.
    3. Your bank or credit or debit card company may convert your payment into your local currency and charge additional fees, which could result in differences between the amount displayed on our Website and the final amount charged to your bank account or credit/debit card.
    4. If you have any questions about applicable foreign transaction, currency exchange or other fees, please contact your bank or credit card issuer.
  4. Price guarantee
    1. Prices offered on our Website are less than or the same as the tour operator or Third Party Supplier's direct price. We regularly update our pricing to ensure you are always offered a great low price on our Products. We may also include special bonuses for you to enjoy, such as hotel discounts, bags, museum entry specials, discounted pricing on bike rentals, and more.
    2. If you do find a lower advertised price on the same Product within 30 days after you complete your booking on our Website, send us the details and we will refund the difference and give you a free gift such as a Roar Adventures t-shirt.

Product changes or cancellations

  1. Changes or cancellations by you
    1. You need to be sure about your plans when you book. We are unable to offer any cancellation or refund after Product or Service has started.
    2. If you need to change or cancel your booking, please contact us. Do not contact the tour operator directly, as they are unable to change or cancel your booking.
    3. You must contact us within the allowed change or cancellation time period specified on your booking in order to avoid a cancellation fee (which may be up to 100% of the price of your Product/s).
    4. Any request to change or cancel a booking is subject to availability by our tour operators or service providers. We are unable to guarantee the success of any request to change or cancel your booking.
    5. Some tour companies or suppliers may charge a change fee, including for changing a tour product, a hotel category, dropping an extra night or bike rental, etc. Some tour operators or suppliers also charge cancellation fees, especially if your request is made close to the departure or event date.
    6. If we incur a change or cancellation fee, or if our price to supply the Product increases due to your change or cancellation, we will tell you about the fees and/or price increase at that time. After being told, if you still elect to cancel or change your booking, you must immediately pay us the change or cancellation fee, together with any increase (if any) in the tour price.
    7. A change or cancellation will not be available:
      1. for no-shows;
      2. after the tour or service has commenced or has been used; or
      3. for particular Products as shown in the Product details at the time your booking request is made. Bookings for these Products are final once your booking is confirmed.
  2. Changes or cancellations by tour operator
    1. Very occasionally, our Third Party Suppliers may need to make changes to the Product, tour dates, prices, inclusions, coverage, age requirements, or other Product features or requirements after your booking has been accepted and confirmed. Accordingly, we may cancel, change or substitute (at any time and for any reason) any Product that you have booked through our Website.
    2. When we are informed about a change or cancellation in advance by our Third Party Suppliers, we will make reasonable efforts to notify you of the change or cancellation, and wherever possible we will assist you to accept or change your Product or booking.
    3. If you do not accept the changed or substituted Product or booking offered by us or our Third Party Supplier, then on written request from you, we will cancel your booking and either refund the amount of your payment or credit that amount against the price of your future booking you make with us. In any event, we reserve the right to retain (and not refund or credit) our reasonable costs of credit card processing.

Your conduct and obligations

  1. General obligations
    You agree to:
    1. comply with these Terms of Use and all applicable laws and regulations; and
    2. use the Services in good faith and for your personal use only.
    3. protect your account, including by keeping your password secret
    4. notify us immediately of any unauthorised use (or suspected use) of your account
  2. Prohibited conduct
    1. You must not:
      1. post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;
      2. cause annoyance, inconvenience or needless anxiety to others;
      3. post commercial advertisements or promotional material; or
      4. collect information (including information about other users) for purposes outside these Terms of Use. In particular, you must not harvest information from the Services for commercial purposes without our prior consent.
    2. We reserve our right to delete your post or comments, and suspend your access or immediately terminate your subscription if, in our sole opinion, you breach your obligations under these Terms of Use or post comments which are abusive to other subscribers.
  3. Passports and visas
    1. You are solely responsible for verifying and ensuring that you meet all applicable foreign entry requirements and that your travel documents, including passports and visas to enter the destinations to which you are travelling or transiting, are in order. You are also responsible for arriving for your tour on time.
    2. Please consult the relevant embassy or consulate for each country or jurisdiction you will travel to, or travel through (including stopovers), for information about their passport and visa requirements. You should do this before you make booking and also re-verify that you meet each country's individual passport and visa requirements before your tour. For Australian travellers, the Australian Department of Foreign Affairs and Trade may be able to provide assistance in relation to the passport and visa requirements for your destination.
    3. We accept no liability if you are refused boarding onto a flight or entry into any country, for any reason including your failure to hold and carry the necessary travel approvals and documents required by any airline, authority or country, including those you may be transiting while en route to your destination.
  4. Travel health; travel insurance
    1. You are responsible for ensuring you have all relevant inoculations, travel medications and appropriate medical advice, and meet all health requirements for entry into other countries and follow all medical guidance related to your trip and the Products.
    2. You should consider purchasing a comprehensive travel insurance policy before your departure to protect your tour purchase. If you cancel your trip or significantly change your travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please carefully review your insurance policy for relevant terms and conditions.
    3. Travel to and in particular destinations may involve greater risk than others. You should read all relevant travel prohibitions, warnings, announcements and advisories that may be issued by your national government, before you make a booking and again before you travel to international destinations.
    4. For Australian travellers, information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government's travel advisory and consular assistance service website, http://www.smarttraveller.gov.au.
    5. By offering bookings for Products to particular international destinations, we do not represent or warrant that travel to such destinations or participation in particular Products, is advisable or without risk, and we are not liable for damages or losses which may result from your travel to such destinations or participation in Products.

Roar Adventures community

  1. Your reviews and comments
    1. We encourage you to publish legitimate, constructive comments and reviews (Content) on the Website. When you do so, you are allowing other users to view, access and use your Content and associate it with you (that is, against your name and profile).
    2. By using the Services, you warrant that Content that you post or transmit via the Services, or otherwise transmit to any other member of the Website by any other means, will not infringe the Intellectual Property Rights of any third party.
    3. You grant to us a perpetual, worldwide, royalty-free, transferable, sub-licensable right to use, copy, modify, distribute, publish, and process information and Content that you post to or transmit through our Services.
    4. You give us your complete and genuine consent to our use of all or any portion of your Content or transmission for the purpose of providing the Services to you (including for ancillary purposes), even if such use would otherwise be an infringement of your moral rights (having the meaning given to that term in the Copyright Act 1968 (Cth)).
    5. We are not required to publish your Content or any information via the Services, and we can remove it in our sole discretion, without notice and with no liability to you.
  2. Reporting
    Please support the Roar Adventures community and report any violations of these Terms of Use by contacting us by email at info@RoarAdventures.com
  3. Costs
    If you breach these Terms of Use, in addition to any other remedies we may have, you are responsible for all duties, charges and legal fees (on a solicitor / own client basis) we incur in enforcing our rights.

Your indemnity

  1. You agree to indemnify Roar Adventures, our Related Entities (as that term is defined in the Corporations Act 2001 (Cth)) and agents from all Claims, liabilities and expenses, including legal fees that arise from:
    1. your breach of these terms and conditions;
    2. your breach of any applicable law or third-party rights;
    3. your use (including misuse) of the Website, or our Services and Products.
  2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Customer Service

  1. If you need assistance or have a complaint about our Products or the Services, please contact us by email on info@RoarAdventures.com or RoarAdventures.com.
  2. If you have a complaint, we will try and settle it promptly and fairly.

Links to third party Websites

For your convenience, the Services (including this Website) may provide links or references to external websites or applications. We do not control or endorse those external websites or applications, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such Websites or for any damage or injury arising in connection with your access to such websites.

Intellectual property rights

  1. Our Technology, the Services and content are protected under Australian and international copyright and other laws governing protection of Intellectual Property Rights.
  2. Intellectual Property Rights in images, trade marks and other content in the Products and Services are owned by us or our licensors. You must not sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials.
  3. Feel free to post links to public pages of our Website to your social media accounts or other websites, but please do not deep-link to members-only pages or to embedded frames or images on this Website. Please contact us if you wish to re post articles or images from this Website on another website, as some such materials (including images) are subject to third party licences.

Disclaimer and limitation of our liability

  1. Disclaimers
    1. You acknowledge and agree that the Services contain general information and may include material from many different sources. We make no representation and do not warrant that the information provided on the Services is complete, accurate or current.
    2. The information accessible via the Services is not a replacement for professional advice, and does not take into account your specific circumstances.
    3. You agree that we provide the Services as a platform, and we are not responsible or liable to you or any third-party for the actions or inactions of another member in relation to you.
    4. Neither we nor any of our directors, employees, contractors or other representatives will be liable for any Loss, damage or personal injury whatsoever which may arise out of or in connection with your use of the Services, to the extent permitted by law.
  2. Implied terms
    1. To the full extent permitted by law:
      1. any term which would otherwise be implied into these Terms of Use is excluded. However nothing in these Terms of Use excludes a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified.
      2. you acknowledge that we provide the Services on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the Services (and any information or documentation provided in connection with them), whether provided by us, third party contractors or other users.
    2. If any law implies or imposes terms into these Terms of Use which cannot be lawfully excluded, such terms will apply, save that our liability for breach of any such term will be limited in accordance with the remainder of this section.
  3. Consequential loss
    To the maximum extent permitted by law, in no event will we be liable to you under any theory or liability (whether in contract, tort, statute or otherwise) for any consequential, incidental, special, exemplary or indirect damages or any kind, or for any loss of profits, revenue or opportunity, arising out of or in connect with this agreement or the subject of this agreement, however caused, even if we have been advised of or should have known of the possibility of such damages.
  4. Limitation of liability
    1. To the extent we are held liable in connection with these Terms of Use (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
      1. re-supplying the Product to which the liability relates or the supply of equivalent services; or
      2. refunding (subject to the cap on liability in this clause) the amount you paid for the relevant Product under this agreement.
    2. This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access the Services and your reliance on any information provided in the Services, even if we have been advised of the possibility of such damages or injury.
    3. Despite anything else in these Terms of Use, to the extent that we are liable in connection with these Terms of Use (whether in contract, under a right of indemnity, tort or statute), our cumulative liability in the aggregate (to the fullest extent permitted by law) will not exceed the amount you paid for the relevant Product under this agreement.
    4. The parties acknowledge and agree that the foregoing provisions represent a reasonable allocation of risk and that the parties would not enter into this agreement absent such provisions.

General

  1. No assignment
    You must have our prior written consent before you assign, transfer or novate all or any part of your rights or obligations under or relating to this agreement or grant, declare, create or dispose of any right or interest in it.
  2. Performance
    In connection with our performance of our obligations and exercise of our rights under these terms, we may (in our absolute discretion) have our obligations performed or rights exercised on our behalf by any of our affiliates and their respective agents, contractors, distributors, and service providers.
  3. Jurisdiction
    These terms will be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
  4. Severability
    If any provision of these Terms of Use is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.
  5. Waiver
    The waiver or failure to require the performance of any provision herein will not be deemed to constitute a waiver of a later breach of the same or any other provision herein, and no such waiver will be effective unless in writing.
  6. Notices
    1. You can give us notice under this agreement by email at info@RoarAdventures.com
    2. We can give you notice under this agreement in a variety of ways, such as:
      1. a banner notice, post or push message on the Website;
      2. by email at the address you provide in your personal profile in the Services; or
      3. any other means including text message, telephone or mail.
    3. You agree to keep your contact information up-to-date.

Definitions and interpretation

  1. Definitions
    Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:
    1. it is present, unascertained, immediate, future or contingent;
    2. it is based in contract, tort, statute or otherwise; or
    3. it involves a third party or a party to this agreement.

    Consequential Loss means any of the following: loss of revenue; loss of profits; loss of opportunity to make profits; loss of business; loss of business opportunity; loss of use or amenity, or loss of anticipated savings; special, exemplary or punitive damages; and any loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into this agreement, including any of the above types of loss arising from an interruption to a business or activity.

    Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances include:
    1. adverse changes in government regulations;
    2. any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
    3. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
    4. strikes or industrial disputes;
    5. materials or labour shortage; and
    6. acts or omissions of any third party network providers (such as internet, telephony or power provider).

    Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

    Login means your personal username and password (or other credentials) for accessing the members-only area of the Website and for making bookings.

    Loss means any loss (including Consequential Loss), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.

    Our Technology means all Intellectual Property Rights created, owned or licenced by us, including the Members Area functionality and the algorithms and software used by (or comprised in) the Services.

    Products means any product, including (but not limited to) tours, tour-related or travel-related products or services offered for booking, hire (rental) or purchase through the Website.

    Scheduled Maintenance means preventative or emergency maintenance in relation to any hardware, software, platform or communications network used, or relied upon, to provide the Services.

    Services means the services provided by us to you, including the Website and the booking service for Products.

    Website includes the website, portal, applications or software accessible via RoarAdventures.com and mobile application as applicable.

Interpretation

  1. Unless the contrary intention appears, a reference in this agreement to:
    1. this agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
    2. one gender includes the others;
    3. the singular includes the plural and the plural includes the singular;
    4. a person, partnership, corporation, trust, association, joint venture, unincorporated body, Government Body or other entity includes any other of them;
    5. an item, recital, clause, subclause, paragraph, schedule or attachment is to an item, recital, clause, subclause, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
    6. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
    7. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
    8. money is to Australian dollars, unless otherwise stated; and
    9. a time is a reference to Brisbane, Queensland time unless otherwise specified.
  2. The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
  3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
  4. Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
  5. A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement.

Business Days

  1. If anything under this agreement must be done on a day that is not a Business Day, it must be done instead on the next Business Day.
  2. If an act is required to be done on a particular day, it must be done before 5.00pm on that day or it will be considered to have been done on the following day.

Parties

  1. If a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
  2. An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
  3. An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.