Terms of services
The Terms of Service outlined below are the Copyright © 2024, ‘Platinum Pearl Resourcing Pty Ltd’ t/a Kookaburra Sydney Tours. All rights reserved to Platinum Pearl Resourcing Pty Ltd ABN 26 632 793 849. The terms of service will act as a guideline for Platinum Pearl Resourcing Pty Ltd t/a Kookaburra Sydney Tours (Service Provider) and its Customers or Associates (You).
These Terms of Use will prevail over any other terms or agreement between the Customers or Associates (You) and Platinum Pearl Resourcing Pty Ltd t/a Kookaburra Sydney Tours (Service Provider).
1) ACCEPTANCE OF TERMS OF USE
This website, app, platform and any service offered under the name “Platinum Pearl Pty Ltd” t/a Kookaburra Sydney Tours is operated and owned by PLATINUM PEARL RESOURCING PTY LTD” (ABN 26 632 793 849) and its related entities or body corporates (“us”, “we” and “our”).
Your use of this website, email, or any or all form of communicational contact with Platinum Pearl Resourcing Pty Ltd t/a Kookaburra Sydney Tours & service arrangement is subject to these terms of use (‘Terms of Use’). The Terms of Use constitute a binding legal agreement between the customer (you) and us (service provider), and your continued use of our services constitutes acceptance and acknowledgement of these ‘Terms of Use’, ‘Privacy Policy’, and any other policies displayed on Kookaburra Sydney Tours website, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use Kookaburra Sydney Tours website or discontinue or stop all or any forms of contact with Kookaburra Sydney Tours’ employees.
Any time you visit Kookaburra Sydney Tours website or purchase any services on or through any form of communicational contact or enter any transaction you are taken to accept these ‘Terms of Use’.
We may amend or modify the website, the Terms of Use and/or any policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the website. Your continued use of the website or any or all formals of communications indicates your continued acceptance of the Terms of Use as modified.
2) Interpretation
This agreement is governed by the laws of New South Wales and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of this agreement:
a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c) Grammatical forms of defined words or phrases have corresponding meanings;
d) Parties must perform their obligations on the dates and times fixed by reference to the state of New South Wales & Commonwealth of Australia;
e) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia (AUD);
f) References to a party are intended to bind their executors, administrators and permitted transferees; and
g) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
3) Appointment
In consideration of the Customer (You) paying the Service Provider (Platinum Pearl Resourcing Pty Ltd t/a Kookaburra Sydney Tours) in accordance with payment fees set out on Kookaburra Sydney Tours official websites or emails sent from their representatives or employees, the Service Provider agrees to provide the services during the contract term in accordance with the provisions of the customers Itinerary.
4) Provision of the services
The parties agree that the Service Provider (Platinum Pearl Resourcing t/a Kookaburra Sydney Tours) must:
a) Exercise all due care, skill and attention in providing the services;
b) Do all things necessary to ensure that the services are provided to the reasonable satisfaction of the customer;
c) Ensure that the services are rendered in compliance with any relevant codes, standards and regulations;
d) Maintain a safe environment for customers, guests and staff;
e) Ensure that the services are carried out in a proficient manner by professionally trained and qualified staff;
f) Comply with all legal requirements as may from time to time apply to the provision of the services; and
g) Perform the key service responsibilities set out in the customers itinerary.
5) Release, discharge and indemnity – Limited Liability
The customer (you) must indemnify, and keep indemnified the Service Provider (Kookaburra Sydney Tours), its officers, employees, volunteers, agents and any of its suppliers against all claims, actions, demands, proceedings, liabilities, damages, costs and expenses whatsoever and howsoever arising, paid, suffered or incurred by the Service Provider (Kookaburra Sydney Tours), its officers, employees or agents, directly or indirectly as a result of or in connection with the provision of the services offered by Kookaburra Sydney Tours.
6) Risks & Safety
Kookaburra Sydney Tours will provide due care to our customers and ensure the safety of all our customers. Our customers are required to exercise caution whilst participating in our private tours. Health concerns which may affect your ability to participate in our tours should be directed to our team prior to travelling. Customers must have their own travel insurance in the event of accidental injury whilst participating in our tours. Customers are required to act with due diligence and care for their own safety whilst conducting any or all tours with us. Customers accept full responsibility for any injury or illness as we will not be responsible for any injury or accident to our guests. Our tours may involve hiking within areas of uneven terrain, slippery surfaces and wet conditions. Please ensure you bring adequate clothing and footwear
7) Third Party Website Links
Our Services may contain links to third-party websites or services that are not owned or controlled by Kookaburra Sydney Tours.
The Service Provider (Kookaburra Sydney Tours) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Our Customer (You) acknowledges and agree that the Service Provider (Kookaburra Sydney Tours) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services offered.
We strongly advise our customers to read the terms and conditions and privacy policies of any third-party web sites or services that you shall visit.
8) Payments & Confirmation Policy
Kookaburra Sydney Tours requires full payment to confirm all bookings. Partial payments or deposits will not secure a reservation for the desired date or availability.
9) Change Policy
Customers may reschedule their travel dates within at least 48 hours written notice before departure, please contact our team.
10) Cancellation & Refund Policy
Shall your travel plans change, we are pleased to accommodate cancellations upon receiving written notice, subject to the following conditions:
- More Than 48 Hours – Full Refund
- 24 – 48 Hours – 50% Refund
- Less Than 24 Hours – No Refund
Medical certificates from a qualified doctor will only be acceptable within 48 hours from our travel departure for a full refund.
11) Travelling With Children
Currently, we do not accommodate infants. Passengers traveling with children aged 4 to 8 must inform our staff of the children’s ages at the time of booking to ensure the appropriate child restraints or booster seats are provided. All guests, regardless of age, are required to have their own seat. Please refer to our guidelines regarding travel with children for further details.
12) Late Bookings
For bookings made within 24 hours of the tour, please contact our office to confirm availability, as tours are subject to scheduling and availability.
13) Customer Complaints
Please direct all complaints or disputes to our team and contact us through email, and our team will be glad to assist you. Kookaburra Sydney Tours is committed to customer satisfaction and offers a complimentary tour if a guest is not satisfied with their original experience.