Terms + Conditions

Website Terms and Conditions:

Thank you for visiting our website. This website is owned and operated by Betta Productions Pty Ltd (ACN 604 941 586) trading as Sweat Tours (Sweat Tours). By accessing and/or using this website and related services (Services), you agree to these Terms and Conditions, which include our Privacy Policy (available at www.sweattours.com/privacy-policy) (Terms of Access). You should review our Privacy Policy and these Terms of Access carefully and immediately cease using our website if you do not agree to these Terms of Access.

In these Terms of Access, 'us', 'we' and 'our' means Sweat Tours.

  1. Registration

You must be a registered member to access certain features of our website. In order to become a member, you must:

  • be at least 18 years of age;
  • no older than 35 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the website in accordance with these Terms of Access.

When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (available at www.sweattours.com/privacy-policy).

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

  1. Use of material on the Website
    • Except for the limited use set out in paragraph 1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:
      • the reproduction of the material in any material form;
      • the distribution of the material in any material form;
      • re-transmission of the material by any medium of communication;
      • uploading and/or reposting the material to any other site on the Internet;
      • “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

  • Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
  • You may not modify or copy:
    • the layout of the Website; or
    • any computer software and code contained in the Website.
  • We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
    • re-sold and/or re-distributed in any material form;
    • stored in any storage media; and/or
    • re-transmitted in any media,

without our prior written consent.

  1. Links to other websites
  • This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
  • In relation to the other sites on the Internet, which are linked to the Website, we:
    • provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
    • are not responsible for the material contained on those linked sites.
  1. Disclaimer
  • We do not warrant guarantee or make any representation that:
    • the Website, or the server that makes the site available on the Internet are free of software viruses;
    • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
    • errors and defects in the Website will be corrected.
  • We are not liable to you for:
    • errors or omissions in the Website, or linked sites on the Internet;
    • delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
    • defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

  • You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
  1. Purchases

Separate terms and conditions of sale will apply in relation to any products and/or services that are sold through the website. If you want to purchase any such products and/or services, you need to agree to the relevant terms and conditions. In case of any inconsistency between such terms and conditions and these Terms of Access, those terms and conditions will prevail.

  1. Limitation of liability

This paragraph 3 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

  • If the breach of an implied warranty or condition relates to services:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again; and
  • if the breach of an implied warranty or condition relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods; or
    • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
  1. Australian Consumer Law

In Australia, our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms of Access or in any other terms and conditions that apply to the sale of such products and services purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

  1. Use of personal information gathered
  • We and any people or legal entities authorised by us may gather and process the personal information:
    • which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
    • regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" delivered to your computer when you access our Website.
  • We may authorise others to offer you goods and services using the information acquired, as described in paragraph 1(a).
    • We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy (sweattours.com/privacy-policy) for details of how we collect, store and use your personal information.aq
  1. Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

  1. Alteration of Terms of Access

We reserve the right to change these Terms of Access:

  • with or without further notice to you; and
  • without giving you any explanation or justification for such change.
  1. Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

  1. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

  1. Spam

We may include electronic addresses in our website to facilitate communication. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial electronic messages or spam.

  1. Partnership or agency

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any form or manner, whatsoever.

  1. Carrier rates may apply

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.

  1. Relevant jurisdiction
    • If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access of and the severed part will not affect the validity and enforceability of any remaining provisions.
    • These Terms of Access will be governed by and interpreted in accordance with the law of Victoria of Australia, without giving effect to any principles of conflicts of laws.
    • You agree to the jurisdiction of the courts of Victoria of Australia to determine any dispute arising out of these Terms of Access.

Purchase Terms and Conditions

Thank you for visiting our website. This website is owned and operated by Betta Productions Pty Limited Pty Limited (ACN 604 941 586) trading as Sweat Tours (Sweat Tours). By accessing and/or using this website and related services (Services), you agree to these Purchase Terms and Conditions, which include our Terms of Access and our Privacy Policy (available at www.sweattours.com/privacy-policy) (Terms of Purchase). You should review these Terms of Purchase carefully prior to purchasing any product from Sweat Tours.

  1. Making your booking

To make a booking and participate on a tour you must be at least of legal drinking age in country (countries) featured on tour and no older than 35 years of age. We reserve the right to waive the upper age limit at our discretion in exceptional circumstances.

You can make a booking by:

  • sending a signed booking form to us; or
  • completing a booking form over the telephone with us; or
  • completing a booking form via our website.

When your booking is accepted by us, which will be evidenced by us issuing you with confirmation invoice, a contract will exist between you and us. If your booking is made for a number of people, each person must abide these Purchase Terms. We reserve the right to reject any booking and refund deposit in full at our discretion.

You warrant that all information provided to us in the booking form is accurate.

  1. Payment

In order to secure your booking, you must pay the deposit and each instalment in accordance with the terms of each package. If you pay late we may cancel your booking. If full payment is not received 46 days prior to tour departure date, we reserve the right to treat the booking as cancelled and, apply cancellation charges as set out in paragraph 6 below. If you make your booking within 45 days of departure then the full cost will be due immediately. The only exception to this schedule of due payments is if a payment plan has been organised with Sweat Tours.

  1. The cost of your trip

Each package clearly states what is included and excluded in the price. By making a booking you agree to the itinerary and the price of the holiday. We reserve the right to change the prices at any time and the price change will apply to all new bookings made from the date of the change.

You are responsible for all travel arrangements before the start of the tour and we will not be responsible for any costs or expenses incurred. Travel from the end of the tour is not included in the booking amount and must be arranged at your own expense.

  1. Changes to the itinerary

We will do our best to ensure that we provide you with the services as they are described to you when you make your booking.

However, our itineraries are occasionally subject to changes. If a material change is made to an itinerary (other than due to a force majeure), then you will be given the option of accepting the change or cancelling your booking in return for a full refund. We will notify you in writing of any material change and you will have 14 days to notify us in writing if you want to cancel your booking. If you do not notify us then you will be deemed to have accepted the change.

A ‘material’ change for these purposes is a change in dates, a lower standard of accommodation for a significant proportion of the holiday or a change to a significant proportion of the programme.

For all changes other than material changes, no refund or compensation will be given.

  1. Cancellation by us

If we have to cancel your trip for reasons other than
(a)            a fault of yours
(b)            force majeure (which is defined below in paragraph 5)
(c)            insufficient numbers

we will endeavour to offer you an alternative trip of at least comparable standard if available, or offer you a full refund.

  1. Cancellation by You

You may cancel your booking by providing written notice to us. The following fee schedule will apply in the event of a cancellation by you:

(a)            20% deposit is non-refundable
(b)            cancellations 60 – 46 days from the departure will be charged 50% of the total tour fees;
(c)            cancellations within 45 days of the departure date will be charged 100% of the total tour fees.

Absenteeism from any part of the tour will not entitle you to any refund for any part of the booking amount.

Adverse weather conditions are not valid grounds for cancellation

     7.  Alterations

(a)            You can request to change your booking to another of our tours no later than 60 days before the departure date of your original booking at no charge to you;
(b)            Any deposit already paid to Sweat Tours can be transferred to another of our tours within one year from the date you request the change;
(c)            No changes can be made to a booking within 60 days of the departure date;
(d)            Any changes to passport details or names will be treated as a cancellation and the refund schedule in Clause 6 will apply.

  1. Force Majeure

We cannot provide a refund or compensation if a trip is altered or cancelled as a result of force majeure. Force majeure includes causes beyond our reasonable control including but not limited to acts of God, fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.

  1. Third party suppliers

We use third party suppliers to provide you with services. All services are subject to the terms and conditions of third party suppliers.

We do not have any control over services provided by third party suppliers and we do not accept any liability for any acts or omissions of any such third party suppliers.

  1. Limitation of liability

We will not have any liability to you for any damage, loss, expense or other sum, which:

  • results from a force majeure;
  • is caused by your act or omission;
  • is caused by a third party;
  • was not foreseeable;
  • did not result from a breach of contract, wilful misconduct or gross negligence by us or our employees; or
  • is a business, special, incidental, indirect, or consequential loss, including but not limited to lost profits, lost time, lost data, loss of goodwill, loss of business reputation or other like damages;
  • exceeds the cost of your trip.
  1. Waiver

By making a booking you agree to provide us with the waiver located here: www.sweattours.com/terms-conditions/

  1. Travel documents

You are responsible to ensure that you have all necessary documentation for your holiday including but not limited to passport and visa. We will not have any liability to you if you fail to have all necessary documentation.

  1. Travel Insurance

You are required to have valid travel insurance for all persons on the booking during the period of your tour. You will be required to show proof of insurance before the departure date. Your travel insurance must cover cancellations, personal injury, death, medical expenses, reparation expenses, evacuation expenses and any activities that you plan to participate in while on our tour.

  1. Complaints

We take every complaint seriously and will do our best to follow up all complaints. If you have any complaint you must report it at the time of the incident to one of the tour guides and to us in writing within 28 days of the date of the incident. We will not acknowledge complaints that are made after 28 days.

  1. Medical Conditions

Our tours include activities and events that may not be suitable for people with disabilities. You agree that you will disclose any relevant medical conditions or physical disabilities at time of booking so we can advise whether the tour will be suitable for you. You agree not to hold Sweat Tours liable if you fail to disclose any relevant condition. We reserve the right to reject your booking if we deem the tour to be unsuitable for you.

We cannot be held responsible for you on the tour if you decide to proceed against our advice and you must provide written evidence that you will be accompanied by someone capable of assisting you during the tour at your own costs.

You must be aware of any health requirements of your destination country and carry all necessary documentation at all times. We will not be held responsible if you are denied entry into a country due to medical reasons. Your local doctor can advise you of any requirements for your destination country.

  1. Your conduct

Whilst on the tour, we expect you to behave in an appropriate manner. We take this very seriously.

You must behave with consideration to other people and you must abide by any terms of entry into an event or a venue.

In particular, for the duration of the tour, you must not:

  • cause damage to, improperly use, deface or tamper with any part of a venue or public facility or festival infrastructure, nor remove or attempt to remove any item or object from the venue or the event;
  • throw or attempt to throw any stone, bottle, projectile or other object;
  • use indecent, obscene, racist or discriminatory language or threatening or insulting words, or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
  • interfere with, obstruct or hinder a venue or an event, their employees, agents or contractors in the exercise of their powers, functions or duties or behave in a manner which threatens, or is intended to threaten the safety of the performers, employees, agents or contractors;
  • behave in a manner which reasonably interferes with the other patron’s enjoyment of an event; such as ‘stage diving’, ‘moshing’, ‘climbing’ and ‘crowd surfing’;
  • smoke in areas within a venue nominated as non-smoking;
  • enter restricted areas at a venue such as backstage, production sites or offices;
  • use or possess illicit substances or drugs; or
  • wear clothing, jewellery, or any other accessory displaying or indicating by form of wording, colours, logo, symbol or otherwise that you are a member of or otherwise associated with criminal gangs.

In the event of an emergency situation or evacuation, you must follow all official directions by the staff and security at a venue or an event.

You accept responsibility for any loss and damage caused by you or any member of your party. You must make full payment for any such loss or damage directly to the appropriate party immediately. You must indemnify us against any claims including legal costs made as a result of your acts or omission.

If, in our reasonable opinion, or in the opinion of any other person in authority, you behave in a way as to cause or be likely to cause distress, danger, or annoyance to any third party or damage to property, we reserve the right to terminate this agreement without notice. In this event, we will not be responsible for the costs or expenses that you may incur as a result and we will not provide a refund or pay any compensation.

In this paragraph 14:

  • an ‘event’ or a ‘festival’ refers to an event or festival that is included in an itinerary for one of our tours in which you are a participant; and
  • a ‘venue’ refers to a venue in which such an event or festival takes place.


Waiver

If you make a booking with us and we enter into a contract, in consideration for us providing you with the services pursuant to that contract, you agree that:

  • you participate on the tour entirely at your own risk;
  • to the full extent permitted by law and subject to any statute, you waive, release and discharge us from all claims, demands or causes of action which you may have arising either directly or indirectly from or in relation to your entry into a venue for an event or your participation in a festival or an event;
  • to the full extent permitted by law and subject to any statute, you indemnify and keep indemnified us against all claims, demands, costs, losses or damages of any nature whatsoever arising either directly or indirectly from or in relation to your entry into a venue for an event or your participation in a festival or an event;
  • we exclude all liability to you or any third party for loss or damage of any kind or nature relating in any way to the maximum extent permitted by law for any loss or damage suffered as a result of personal injury or property damage of any nature resulting from your entry into a venue for an event or your participation in a festival or an event;
  • where any law provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law;
  • to the full extent permitted by law and subject to any statute, you indemnify us and keep us indemnified from all claims by any person against us in respect of personal injury, property damage or any other financial loss resulting from your entry into a venue for an event or your participation in a festival or an event;
  • in no event shall we, our affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with your entry into a venue for an event or your participation in a festival or an event;
  • to the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered, or as a result of your entry into a venue for an event or your participation in a festival or an event.

In this waiver:

  • an ‘event’ or a ‘festival’ refers to an event or festival that is included in an itinerary for one of our tours in which you are a participant; and
  • a ‘venue’ refers to a venue in which such an event or festival takes place.