Terms & Conditions
Acceptance of Terms
All content on the website including text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof (the "Content") is Copyright © 2014 4wdtrip.com ., its suppliers and/or licensors unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. Once Content is published, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for or expressly authorised in writing by 4wdtrip.com or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including and without limitation to all copyright, trademark and other proprietary notices and all advertisements), you may:
- using an industry standard web browser, download and view the Content for your personal, non-commercial use, or
- if you are an internet service and/or access provider, supply the Content to your subscriber.
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The trademarks listed below are trademarks of 4wdtrip.com or its affiliates. All other trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission of 4wdTrip, the relevant affiliate or third-party owner. Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to 4wdtrip.com website. However, such use requires the express written authorisation of 4wdtrip.com or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
* restricts or inhibits any other user from using or enjoying the Content on the website;
* is unlawful, threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including and without limitation to any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
* violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
* contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it's servers and the Content thereon;
* contains any promotional material or advertising;
* constitutes or contains false or misleading statements.
You expressly acknowledge and agree that 4wdtrip.com does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
4wdtrip.com does not and cannot review all information posted to the website by users and is not responsible for such information. However, 4wdtrip.com reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
4wdtrip.com may at it's sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the website at anytime for any reason whatsoever or for no reason.
Advertising, links to third party websites and e-commerce offers 4wdtrip.com website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of 4wdTrip, and 4wdtrip.com is not responsible for the contents of any linked website or any hyperlink contained in a linked website. 4wdtrip.com provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by 4wdtrip.com or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors.
All third party advertising (including embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by 4wdtrip.com or its affiliates or their respective directors or employees unless expressly indicated otherwise.
You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, advertisements may contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by 4wdtrip.com and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on 4wdtrip.com website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that 4wdtrip.com shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on 4wdtrip.com website.
Disclaimer and Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by 4wdtrip.com of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). 4wdtrip.com does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
* All Content and functionality is provided "as is" and without warranties of any kind, either express or implied,
* 4wdtrip.com may source or aggregate content from other sites and/or businesses via RSS Feeds. All content is credited to that particular provider, and every piece of content sourced via this method will point the end user to the sources site.
* 4wdtrip.com and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose,
* 4wdtrip.com does not warrant that the information or functions contained in any Content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the Content to you are free of viruses or any other harmful components,
* 4wdtrip.com does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of 4wdTrip) will 4wdtrip.com or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
Release of Liability
- 4wdtrip.com is refered to as "4wdtrip.com" and is the Business that provides the website for visitors and members to view and organise 4WD "Trips".
- Organisers are referred to as "Organisers" and are people that organize "Trips". These can be members or owners of 4wdtrip.com.
- Trips are referred to as "Trips" and are the actual organised event of a group of people joining an Organiser with their vehicles and going four wheel driving.
- 4wdtrip.com is not, nor advertises to be a training system for offroad drivng in any sense. It is simply a means for members to organise and drive in a group offroad.
DISCLAIMER: “4wdtrip.com”, "Owners and Trip "Organisers"" (the "Organisers") are not responsible for your safety. Outdoor activities are inherently dangerous. By signing up for these "Trips", you agree to release “4wdtrip.com” and its "Organisers" from ANY responsibility, liability or claim in law or in equity. If you DON'T agree to these terms, DO NOT JOIN THIS Trip or website. “4wdtrip.com” doesn't certify the expertise of the "Organisers". The "Organisers" in "4wdtrip.com" are volunteers. You are responsible for yourself.
COSTS: “4wdtrip.com” is NOT responsible for any possible monetary losses/ financial disagreement.
TRIPS: Outdoor "Trips" can be inherently dangerous and accidents may and do happen. By participating in any "Trips", you're taking responsibility for your own safety and well-being. The “4wdtrip.com” and its "Organisers" are not trained leaders and we don't confirm the qualifications of any of our members to lead or participate in "Trips". All participants and yourself must take full responsibility for their own actions. If you choose to sign up for any ”4wdtrip.com” "Trips", you are releasing the “4wdtrip.com” and its "Organisers" from all and any liability in case of possible injuries and/or death.
RISKS: You acknowledge and understand fully that there are risks and dangers of serious bodily injury and death that could result from your participation in any "Trips". You have voluntarily elected to participate in the "Trips" listed under “4wdtrip.com” "Trips" and FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR ANY INJURY, LOSSES AND DAMAGES TO PERSON OR PROPERTY THAT INCUR AS A RESULT OF YOUR PARTICIPATION.
RATING: All trips have a rating.
- Easy - For beginners with standard SUV/4WDs (new to 4wding)
- Easy/Medium - For both beginners and experienced drivers.
- Medium - For experienced drivers
- Medium/Hard - For experienced drivers with well setup 4WDs
- Hard - For experienced drivers with very capable 4WDs
You represent that you are qualified to attend the “Trip” in the RATING you are competnet in. You are in good health and in proper physical condition to participate in the “4wdtrip.com” "Trips". RATING If at any time during your participation you feel your driving level or physical condition no longer allows you to participate safely or you believe the "Trips" becomes unsafe, you will immediately stop your participation.
LIMITATION OF DAMAGES: YOU AGREE NOT TO SUE AND TO RELEASE, DISCHARGE, WAIVE, HOLD HARMLESS AND TO INDEMNIFY “4wdtrip.com” and its "Organisers" FROM AND AGAINST ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, SUITS AND PROCEEDINGS, REGARDLESS OF THE CAUSE, INCLUDING THE NEGLIGENCE OR CARELESSNESS OF ANY RELEASE, ARISING OR RESULTING FROM YOUR PARTICIPATION IN THESE "Trips".
By participating in “4wdtrip.com” activities you are asserting and reaffirming that you are of least 18 years of age and are legally bound by your actions and decisions.
PRIVACY: You understand that the “4wdtrip.com” may, from time to time, take photographic, digital or video images of "Trips" participants for advertising purposes. You hereby agree to allow “4wdtrip.com” to use those images for that purpose without expectation of privacy or remuneration.
Refund & Cancellation policy
We cannot refund fees paid for our Services for past or previous subscription periods whether or not the user has actively used the Service. If there are no outstanding charges and the service is not a pre-paid service we will refund on a pro-rata basis any over payment.
Governing Law and Entire Agreement
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.