The terms "4wdtrip", "we", “us,” and "our” include 4WDTRIP Pty Ltd (ABN 85 615 622 449) and our affiliates, or subsidiaries.
We use the word “Platform” to mean any website, application, or service offered by 4wdtrip, including content we offer and electronic communications we send.
We use the term "Trip" and "Event" interchangeably to mean any published event on our Platform or any organised event using our Platform.
We use the term "Consumer" to mean any person using our Platform to consume information published on our Platform or to attend Trips.
We use the term "Organiser" to mean event creators using our Platform to create Trips displayed on our Platform.
Organisers, Consumers, and third parties using our Platform are all referred to collectively as "Users", "you" or "your".
Acknowledgement of Risks
By participating in Trips or organising Trips you acknowledge that off-road driving is risky and dangerous and you freely and willingly accept those risks and dangers individually and on behalf of any other persons you bring along to Trips.
These risks include, but are not limited to: loss or damage to vehicle and other personal property; SERIOUS INJURY OR DEATH due to inclement weather, slipping, collisions, insect bites, falling objects, falls from vehicles, vehicular accidents, vehicle malfunctions, high altitude sickness, immersion in cold water, hypothermia, striking submerged or visible rocks and trees; drowning; suffering any type of accident or illness in remote areas without easy access to medical facilities; or while traveling to and from the activity site.
All Trips are rated based on their difficulty level as follows:
- Easy - For beginners with standard SUV/4WDs (for those new to four-wheel driving). IMPORTANT: Vehicle damage may occur.
- Easy/Medium - For both beginners and experienced drivers. You must have the skills to tackle some tracks with some steep and/or rocky/slippery/sandy sections. IMPORTANT: Vehicle damage may occur.
- Medium - For experienced drivers. You must have the skills to tackle some tracks with moderate steep, rocky, slippery, sandy track sections. IMPORTANT: Vehicle damage may occur.
- Medium/Hard - For experienced drivers with well setup 4WDs. You must have the skills to tackle some difficult tracks with steep, rocky, slippery, sandy track sections and river crossing sections. IMPORTANT: Vehicle damage is likely to occur.
- Hard - For experienced drivers with very capable 4WDs. You must have the skills to tackle some exceedingly difficult tracks with frequent very steep, rocky, slippery, sandy track sections and deep river crossing sections. IMPORTANT: Vehicle damage is likely to occur.
You acknowledge that Trip Rating is an indication only and that 4wdtrip and Organisers cannot guarantee the accuracy of the Trip Rating.
By attending a Trip, you represent that you are qualified, competent, and have requisite health and fitness to attend the Trip in the specified rating. If at any time during your participation you feel your driving ability, health, the condition of the vehicle used, or track conditions no longer allow you to participate safely, you must immediately stop your participation.
By participating in Events, you are affirming that you are of least 18 years of age and are legally bound by your actions and decisions.
Limitation of Liability
To the full extent permitted by applicable law, you agree that in no event shall 4wdtrip or Users be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with:
(a) our Platform or the inability to use our Platform (however arising, including our negligence)
(b) statements or conduct of or transactions with any User on the Platform
(c) your use of our Platform or transportation to or from Trips, attendance of Trips, participation in or exclusion from Trips and the actions of you or others at Trips, or
(d) any other matter relating to the Platform.
Our liability to you or any third parties in any circumstance is limited to the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability.
You hereby agree to release 4wdtrip from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the use of our Platform or any Trip listed on our Platform.
You acknowledge that 4wdtrip has no control over and does not guarantee the quality, safety, accuracy (trip rating or otherwise) or legality of any Trip, or content associated with a Trip, the truth or accuracy of any information provided by Users (including the your personal information shared with Organisers in connection with Trips) or the ability of any User to perform or actually complete a transaction. 4wdtrip has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any Users or third parties.
You understand and agree that Trips carry inherent risk, and by participating in those Trips, you choose to assume those risks voluntarily. Trips may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Trips.
Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding:
(a) the reliability, timeliness, accuracy, and performance of our Platform;
(b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform;
(c) the correction of any errors in the Platform;
(d) any material or data obtained through the use of our Platform; and
(e) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
Interactions with other Users
4wdtrip is not a party to any Trip arrangements made through our Platform. We do not conduct or require background checks on members and do not attempt to verify the truth or accuracy of statements made by members. 4wdtrip makes no representations or warranties concerning the conduct of any Users or their interactions with you.
Modification of Platform: We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.