NEW LEAF
EXPERIENCES
Terms + Conditions
Terms + Conditions
1. General
1.1 New Leaf Experiences (NLE) offers Eco, Educational and Regional Produce Tours in Victoria.
1.2 In these terms and conditions, “Tour” refers to the event/service that NLE and its third party suppliers provide to the fee-paying group or individual.
1.3 These are general terms and conditions which apply to any Tour products/services which you purchase from NLE. Once you pay for your booking:
(a) you acknowledge and agree that you have read and understood these general terms and conditions; and any terms and conditions imposed by third party suppliers, for whom we partner with to deliver our services;
(b) if you are not at least eighteen years of age, then your legal guardian must give consent to this contract on your behalf;
(c) if you make a booking on behalf of someone, you warrant that you have the authority to accept and do accept on behalf of that person to be bound by NLE’s general terms and conditions and the relevant third-party suppliers’ terms and conditions; and
(d) you agree to abide by all of NLE’s policies and protocols.
1.4 By clicking to “confirm” you warrant you have read and understood these terms and conditions and agree to be bound by them.
1.5 NLE reserves the right to decline to provide services to any individual.
1.6 NLE reserves the right to vary the itinerary and substitute experiences and sites.
1.7 NLE is not responsible for a cancellation of any third party provider. NLE will make all reasonable enquiries to vary the Tour itinerary with a similar experience to that which has been cancelled.
1.8 NLE reserves the right to amend these terms and conditions. NLE will provide written notice to you of any changes made to these terms and conditions prior to your departure date.
2. Payment and Price
2.1 The advertised price is in Australian Dollars and is inclusive of GST.
2.2 You must pay the full price on booking unless otherwise agreed by NLE in writing.
2.3 You must pay either by credit card or direct deposit to NLE.
2.4 If you choose to pay by direct debit or by EFT, then you must provide a receipt showing proof of payment before NLE provides you with your booking confirmation.
2.5 What’s not included in the price:
(a) third party provider fees and charges;
(b) any costs or expenses if you leave the Tour early; and
(c) meals (unless otherwise agreed to in writing by NLE).
3. Cancellation / Refund Charges
3.1 NLE’s cancellation and refund policy is as follows:
(a) Cancellation and Refund
If you cancel your Tour:
(i) 15 days or more before the departure date, NLE will refund you in FULL.
(ii) between 5 and 14 days prior to the departure date NLE will refund 75% of total price paid;
(iii) less than 5 days prior to the departure date, NLE will not refund any amount to you and will be entitled to retain the full purchase price paid by you; and
(iv) NO refunds will be given on the departure date for ‘no shows’.
(b) All cancellation requests must be made in writing to NLE.
(c) If you reschedule your booking within 48 hours of the departure date, you will be liable to pay an administrative fee of fee of $50.00.
(d) NLE may accept bookings to be rescheduled until 5 days before the departure date.
(e) NLE has the right to cancel your booking if full payment is not received by the departure date. No refund will be given in this event.
(f) NLE’s Tours have minimum numbers of people required for each Tour. If the Tour bookings fail to satisfy the minimum requirements, the Tour may be cancelled or rescheduled.
(g) In the event of a natural disaster or “Force Majeure” (as described out at 3.1(h)) where the events are beyond our control, NLE will aim to fully refund the reservation and you, however we reserve the right to offer a "credit" for a future Tour of the equivalent value, as expenses may have been incurred during the planning stages of the Tour in which NLE is unable to recover. In the event that a full refund may not be available due to unforeseen circumstances, NLE will credit the participant for a future Tour.
(h) Force Majeure event includes but is not limited to:
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(i) pandemic;
(ii) an act of God;
(iii) the outbreak of hostilities (whether or not accompanied by any formal declaration of war), riot, civil disturbance or acts of terrorism;
(iv) the act of any government or competent authority (including the cancellation or revocation of any approval, authority or permit);
(v) fire, explosion, flood, inclement weather, infectious disease, epidemic, pandemic or natural disaster;
(vi) the declaration of a state of emergency or the invocation of martial law having an effect on commerce generally;
(vii) industrial action (including strikes and lock-outs) that is of a widespread nature affecting the NLE or the industry or sector of which the NLE is a part (whether in a vertical sense or horizontal sense);
(viii) the default of any suppliers under any material contracts to which the Seller is a party; or
(ix) any other cause, impediment or circumstance beyond the reasonable control of any party:
(i) In the event that you do not accept a credit for a future Tour, on a case by case basis we will assess the situation independently and look to explore all options available to the booking.
(j) In the event of a natural disaster or Force Majeure (as described out at 3.1(h)), where the events are beyond NLE’s control and happens during the Tour, NLE may at the discretion of NLE make a partial refund to you and charge on a pro-rata basis for the services provided.
4. Acceptance of risk
4.1 You acknowledge and agree:
(a) that the nature of the Tour is adventurous and participation involves a degree of personal and physical risk;
(b) that you must inform NLE of any physical or medical ailments at the time of your booking;
(c) that you must inform NLE of any dietary requirements at the time of your booking; and
(d) you will be visiting places where there may be geographical challenges and dangers.
5. Limitation of liability
5.1 We have taken all reasonable care to ensure that all the services that make up the arrangements made by NLE are provided by efficient and reputable and accredited businesses. You acknowledge and agree, however that, NLE has no liability for any act, omission or default, whether negligent or otherwise, of any third party supplier. NLE shall not be responsible for the actions, cancellations or variations of any third party providing services.
5.2 In consideration of your participation in the Tour and to the extent permitted by law you:
(a) release us from all claims that you may have against any third party providing goods or services on the Tour; and
(b) indemnify us against any claim which may be made by you or on your behalf, or a third party provider for or in respect of or arising as a result of your participation in a third party provision of services.
5.3 NLE accepts no responsibility for any loss or damage to your personal property during NLE Tours.
5.4 To the maximum extent permitted by law, you release NLE from all claims that you have or may have had but for this release arising from or in connection with their participation in the Tour except to the extent that such claim(s) was caused or contributed to by a negligent or wilful act or omission of NLE, its agents and employees.
5.5 To the maximum extent permitted by law, in no event will NLE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected to any act or omission of you, any other third party, Force Majeure or any other factor or person beyond the reasonable control of NLE.
5.6 The maximum liability of NLE under these terms and conditions for any reason whatsoever, whether arising in tort or contract or any other cause of action, is limited to the price of the Tour.
5.7 NLE will only compensate you for any claim arising out of these terms and conditions, whether arising in tort or contract or any other cause of action, if you notify NLE of the claim that you have against NLE by within fourteen (14) days after the event.
5.8 Clauses 5.7 and 5.8 are subject to any statutory obligations (including consumer guarantees under the Australian Consumer Law).
5.9 You agree to report to NLE at the earliest opportunity any problem with the Tour that you perceive, so that NLE can try to remedy any problem. NLE will not be liable for any complaint not reported by you unless there is a valid reason for the failure to report.
6. Release and indemnity
6.1 You acknowledge and agree to unconditionally and irrevocably release and discharge NLE and irrevocably indemnify and agree to keep indemnified NLE from all claims, liabilities, and costs you now have, at any time had or but for these terms and conditions might have had.
6.2 Without limiting the scope of clause 6.1 above, the release
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and indemnity does not apply in respect of any claim which may be brought against NLE or which NLE may have against you, where such claim arises as a result of or is caused by or contributed to by any unlawful act, misconduct, fraud, or negligence.
7. Health & Safety
7.1 Health and fitness
(a) It is your responsibility to ensure that you are medically and physically fit and able to participate in all aspects of the Tour.
(b) Prior to enrolling in the Tour, you represent and warrant to NLE that you are satisfied that you are medically and physically fit and able to complete the Tour without any risk or danger to the health or safety of yourself or others.
(c) If you suffer from a temporary or permanent medical or physical condition you must provide NLE with full details of your condition for NLE to advise on the suitability of the Tour and if accommodations can be made. NLE may request you provide further medical information.
(d) If damage, injury, loss, or death results from your failure to fully disclose relevant medical information, NLE will not be responsible.
(e) In joining the Tour, NLE is entitled to assume that you are in good health being medically and physically fit.
7.2 The customer authorises NLE staff to obtain any medical attention deemed appropriate, including ambulances or other rescue transport, and agree on behalf of the customer that the customer will accept full financial responsibility for all medical and related expenses including transportation to the extent that it exceeds the level of insurance cover in respect of the Tour.
8. Behaviour
8.1 NLE does not tolerate abusive or aggressive behaviour of the Tour participants.
8.2 NLE reserves the right to terminate your participation on the Tour if, in the sole discretion of NLE, you are aggressive or abusive to other Tour Participants or NLE staff.
8.3 If you are abusive or aggressive towards NLE staff as determined and your Tour is terminated, NLE is not responsible for any costs or expenses associated with alternative travel arrangements.
8.4 For the purposes of this clause 8, abusive or aggressive behaviour includes but is not limited to:
(a) verbally abusive or offensive language towards anyone;
(b) bullying behaviour;
(c) inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
(d) excessive consumption of alcohol or intoxication;
(e) the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);
(f) failure to comply with the NLE’s (including a representative’s) reasonable direction;
(g) conduct which, in the NLE’s opinion, is not compatible with other guests’ general enjoyment and well-being or the smooth operation of the trip;
(h) the possession, carriage or use of dangerous items (such as weapons);
(i) breaking the law of the jurisdiction in which you are travelling; and
(j) any behaviour or conduct which brings the NLE into disrepute or damages its goodwill.
9. Insurance
It is your responsibility to ensure that you have obtained sufficient travel and medical insurance prior to the departure date of the Tour.
10. Alterations
10.1 NLE reserve the right to change prices, itineraries, and dates of Tours for unforeseen circumstances.
10.2 NLE will notify you of any changes by written notice to the email or phone number which was used by you to confirm your booking.
11. Privacy & Personal Information
NLE will comply with the Australian Privacy Principles as set out in the Privacy Act 1998 (Cth) (if applicable), and the privacy provisions of any applicable State privacy legislation. The NLE Privacy Policy covers all personal information we hold. Please refer to our Privacy Policy for details.
Privacy Policy
Introduction
At New Leaf Experiences (NLE), we take your privacy, and security seriously.
The purpose of our Privacy Policy is to outline the personal information collected by us, and the use of this information.
This Privacy Policy applies to all NLE services and interactions, including via our website.
Personal information means information or opinion about an identified individual, or individual who is reasonably identifiable, in accordance with section 6 of the Privacy Act 1988 (Cth).
1.
What information we collect and store
(a) We collect both identifiable and non-identifiable information about you.
(b) The identifiable information we collect does depend on the purpose(s) for which we have collected it. We may ask for:
(i) your name;
(ii) your contact details;
(iii) the history of your interactions with us and/or other service providers; and/or
(iv) your preferences, interests, behaviour related to transactions, products, services and activities (including through our website).
In the event you do not provide us with access to requested identifiable personal information, we may not be able to provide you with access to our services, or to fulfil one or more of our functions and activities applicable to you.
(c) Non-identifiable information is data that is not labelled with an individual’s identity, or by which no specific individual can be identified. When you access our site, our systems may automatically record non-identifiable information that your browser sends. This data may include:
(i) IP addresses;
(ii) browser type;
(iii) web pages you access while visiting our site; and/or
(iv) time spent on those pages, items, the information searched on our site, access time, date and other statics.
The data is collected for analysis and evaluation in order to help us improve our site and the services and products provided.
2. How we collect your information
There are numerous ways in which we collect information from you and about you as follows:
(a) Directly from you, including but not limited to:
(i) browsing our website;
(ii) making an enquiry through our website;
(iii) making a booking with us;
(iv) contacting us about our services;
(v) clicking on NLE banners, hyperlinks or plugins;
(vi) interacting with us on social media; and/or
(vii) having a conversation with our team;
(b)Through third parties such as our related entities, business or commercial partners;
(c)Through publicly available sources of information; and/or
(d)Through any online services.
3. What we will use information for
In using our services and by providing your personal information to us, you agree that, we may use the information to:
(a)respond to enquiries;
(b)improve our service offerings;
(c)improve our consumer communications;
(d)provide you with helpful information, news and updates;
(e)notify you of our new services;
(f)seek your views on our services;
(g)consider your application for employment;
(h)for our own administrative and quality assurance purposes; and
(i) other purposes that may be detailed on this website.
4. Principles
In using your personal information, we abide by the following principles:
(a) Limitation: NLE will only collect personal information about you that is necessary for one or more of our legitimate business purposes or is required by law. In addition, we will only collect personal information by lawful and fair means and not in an unreasonably intrusive manner.
(b) Purpose: When NLE collects your personal data, we will take reasonable steps to advise you of what personal data we are collecting, the purposes for which we are collecting the information and will use such information only for stated primary purposes or directly related secondary purposes.
(c) Disclosure: We will advise you of the organisations (or types of organisations) to which we may disclose that personal data, and we will provide you with contact information in the event you would like access to your personal data we hold about you or if you need to update your personal data or preferences.
5. Disclosure of your personal information
(a) Third Parties: NLE may use third parties to provide services to us which may require disclosure of your personal data. If we allow a third party to have access to your personal data, they will only be permitted access for purposes that are consistent with this privacy policy and will be required to protect your personal data in accordance with all applicable data protection laws.
(b) Law enforcement: In certain circumstances, we may be called upon to release your personal data in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the personal data that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behaviour that is illegal or harmful to individuals or the personal data we are responsible for.
(c) Corporate transactions: We may disclose your information to a third party in connection with a corporate reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
6. Cookies and other technology
(a) NLE uses a variety of technologies to personalise your experience and to deliver online content tailored to your interests, such as internet tags and cookies.
(b) We collect information about your use of our website through cookies and similar technology. Cookies are small text files that are placed on your computer or another web-accessing device by this website that allow us to recognise you and maintain your preferences when you return to our website. These cookies allow us to distinguish you from other users of this website, to enhance this website and your experience when you browse this website.
(c) Cookie technology collects data, which does not include personally identifiable information, but which reflects your activities on the website and helps us to customise our website experience and anticipate what may be of interest to our users, by monitoring traffic in popular areas and modifying the services and information to meet customer demand.
(d) We may use the following types of cookies (among other types of cookies):
(i) First-party cookies – cookies set by the website displayed in the browser window – identified by the domain name in the address bar of the browser window.
(ii) Session cookies – cookies that expire at the end of a browser session, starting with the time when a user opens the browser window, and finishing when the user exits the browser.
(iii) Persistent cookies – cookies that ‘persist’ (are stored) in the device after the end of a browser session and therefore can allow the preferences or actions of the user to be remembered when they return to the website.
(e) We may use cookies on our website to:
(i) direct users to the relevant sections on the website;
(ii) make sure the website has a consistent look across different browsers and devices;
(iii) enable complex areas of the website to function; and
(iv) track aggregated statistics about visits to the website to help us improve website performance.
(f) We do not allow other websites or third parties to use our cookies for their own purposes on your computer when you visit our website.
7. Data Security
(a) We want your personal information to remain as secure as reasonably possible. We will maintain the levels of protection of your personal information in accordance with data protection laws and use all available technical resources to prevent the loss, alteration and unauthorised access or processing of your data. The security measures we use to protect all personal data are designed to meet or exceed industry standards to prevent intruders from gaining access, however you should be aware that no security measure is guaranteed to be 100% secure and you should always take appropriate security measures to protect your personal data, including ensuring that you have up-to-date antivirus software.
(b) In the unlikely event of a data breach relating to personal information we hold about you, we will take all reasonable steps to contain and remedy the effects of the breach.
8. Destruction of information
All reasonable steps are taken to protect your personal information from misuse, interference & loss and also from unauthorised access, modification or disclosure. We will normally retain your personal information for a minimum of seven years from the date we last provided services to you.
9. Accuracy and access of personal information
(a) If you believe that there are any errors in any information we hold about you, or you have changed your personal details please update these on our website or contact us as soon as possible.
(b) You may also request access to your personal information by contacting us by phone on 0404 278 693 or by email at tracey@newleaftours.com.au.
10. Contact Us / Complaints
(a) If you have any concerns about the way your personal data has been collected or handled by NLE, or any queries regarding this privacy statement or would like to exercise your rights as outlined above, you can contact us by phone on 0404 278 693 or by email at tracey@newleaftours.com.au.
(b) If you are dissatisfied with our response, you can refer the matter to the Office of the Australian Information Commissioner.
11. Changes in our Privacy Policy
(a) We will only use personal data in the manner described in this Privacy Policy.
(b) However, we reserve the right to change the terms of this Privacy Policy at any time (for example due to changes in data protection laws) by posting revisions to our website. We will take adequate and reasonable action to obtain your consent if your consent is required by law.