Wild Ocean Tasmania – Terms of Service
Last updated: July 2018
In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
Wild Ocean Tasmania operates ethical wildlife boat tours along the edge of the Tasman Peninsula. Wild Ocean Tasmania offers two unique scenic experiences, the Seal and Ocean Expedition and the Coastal Adventure. Both of these tours are guided by individuals who are passionate about the ocean and wildlife. Wild Ocean Tasmania boat tours are a great way to responsibly enjoy the beauty of the ocean and its inhabitants while connecting with nature.
2. Ability to Accept Terms of Service
You must be at least 18 years of age or have authorisation to access the Service offered by Wild Ocean Tasmania. If you have authorised a Child to use the Service, you are responsible for their conduct, and the consequences of any misuse.
In addition, you affirm that you have not been previously suspended or removed from the Service.
3. Wild Ocean Tasmania Service
The Agreement applies to all users using the Service (“User”). Information provided by our Users through the Service may contain links to third party websites that are not owned or controlled by Wild Ocean Tasmania. Wild Ocean Tasmania has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wild Ocean Tasmania will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Wild Ocean Tasmania shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.
4. Wild Ocean Tasmania Access
Subject to your compliance with these Terms of Service, Wild Ocean Tasmania hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.
Wild Ocean Tasmania will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
- as necessary to perform Wild Ocean Tasmania’s function as a scenic tour operator; or
- to Wild Ocean Tasmania’s personnel and any service provider that Wild Ocean Tasmania works with where necessary to operate the Service; or
- if the relevant person has given Wild Ocean Tasmania permission to do so; or
- if required or permitted by law.
As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
You agree to defend, indemnify and keep indemnified, Wild Ocean Tasmania and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:
- violation of any Intellectual Property or other rights of a third party, or privacy right; or
- your access or use of the Service, and/ or Personal Data posted by you through or at the Service.
This Indemnity clause will survive this Agreement and your use of the Service.
This Agreement shall be governed by and construed in accordance with the laws of Tasmania, and the parties submit to the exclusive jurisdiction of the Tasmanian courts for any matter arising under or relating to this Agreement.
Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.
10. Amendments to this Agreement
This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Wild Ocean Tasmania will endeavour to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service.
11. Transmission and Posting of Content
You, the User, are solely responsible for your conduct and any:
- data, text, files, information, images, graphics, photos, links and other content or materials (“Content“); and
- information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)
that you submit or post via the Website or Service.
12. Disruption of and Modifications to the Website
Wild Ocean Tasmania will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.
To the extent permissible at law, Wild Ocean Tasmania shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Wild Ocean Tasmania will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.
13. Intellectual Property Rights
All of the information contained on this Website is the intellectual property of Wild Ocean Tasmania. All trade marks, logos or any other of its intellectual property rights are the exclusive property of Wild Ocean Tasmania. You may not download, copy or print any of the pages of the Website except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.
By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.
14. Website Accuracy
The information contained on this Website is given in good faith and Wild Ocean Tasmania uses all reasonable efforts to ensure that it is accurate. However, Wild Ocean Tasmania gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
15. Use of Subcontractors
You agree that Wild Ocean Tasmania may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing and related technology required to run the Service and manage Personal Data.
16. Prohibited Activities
In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:
- Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
- Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
- Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Wild Ocean Tasmania Website.
- Compromise the security of the Website service;
- Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- Impersonate any person or entity;
- Buy, sell or otherwise offer in exchange for any compensation, access to Wild Ocean Tasmania Website and Services; and
- Develop any third party applications that interact with User Content, the Website or any other services without our prior written consent.
17. Other Conditions of Use
In addition to the other terms and conditions outlined in these Terms of Service, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that Wild Ocean Tasmania is not responsible or liable for the conduct of any User. Wild Ocean Tasmania reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
TERMS AND CONDITIONS APPLICABLE TO WILD OCEAN TASMANIA TOURS
18. Tour Cancellation Policy
Wild Ocean Tasmanian boat tours are dependent on the weather. All tours will be confirmed via email/ text message or through an automated booking system message, 1-2 days prior to the boat tour departure. Wild Ocean Tasmania reserves the right to cancel departures at any time and will refund the full amount of any monies paid by the customer.
We reserve the right to charge the following fees for cancellations:
- Cancellation within 24 hours of a tour – 100% fee
- Cancellation within 48 hours of a tour – 50% fee
- Cancellation beyond 48 hours of tour – No fee
19. Variation of Tours
Wild Ocean Tasmania reserves the right at any time to cancel or vary any trip. To the extent permissible at law, Wild Ocean Tasmania will not be liable to you or to any third party for any cancellation or variance of the Service.
20. Tour Terms and Conditions
In addition to the other terms and conditions outlined in these Terms of Service, the below Terms and Conditions relate specifically to our 2 tours, being:
A. Seal and Ocean Expedition Tour; and
B. Coastal Adventure Tour
A. Seal and Ocean Expedition Tour
On the Seal and Ocean Expedition Tour, you can be either a:
1. Participant; or
1. Participant- Seal and Ocean Expedition Tour
Participant Description: The Seal and Ocean Expedition Tour is a 3-4 hour scenic boat tour with the option to observe wild seals and other marine life underwater with mask & snorkel, wearing drysuits on top of your clothes, from our safe sea-view platform.
Duration: 3-4 hours (approx.)
Terms and Conditions: Weather conditions in Tasmania can change unexpectedly. The seals are wild and not trained. It is up to the animals to decide if they want to swim with us. If we can’t give you the experience that we market to (e.g. no seals in the water, unfavourable change in weather/ ocean conditions for snorkeling with the seals) we will only charge the ‘observer’ rate. Payments are made when booking the boat tour with Visa or Mastercard, via our online booking system, or alternatively, we send a payment request. Last minute bookings (in circumstances where our online booking system is closed and you have to telephone or email us) can be paid on the date of departure of the boat tour by Visa, Mastercard or cash.
Be aware that boating and activities on the ocean can be physically demanding. A certain level of fitness is required for our trips. We reserve the right to cancel or modify the trip or refuse participation for safety and capability reasons. All participants of the Seal & Ocean Expedition have to accept and agree to a liability waiver prior to departure.
Drysuits have latex-seals that must fit tightly on neck and wrists to work properly. Sharp objects can damage or perforate latex seals. We request that you do not wear any jewellery.
We can supply a range of different drysuit sizes. However, our smallest drysuit is made for children with a height of approx.. 130cm and the largest adult suit is measured to length of 195cm, chest of 127cm and waist of 101cm
For young children (approx 120cm and under) we can also provide a 3/2mm wetsuit.
Please meet at 9am sharp at the Wild Ocean Tasmania office located at 165 Pirates Bay Drive, Eaglehawk Neck, unless stated otherwise. Wild Ocean Tasmania tours commence promptly at the time and location specified in your booking confirmation. Participants that arrive late may be left behind.
Please dress warmly and bring a change of clothes.
2. Observer- Seal and Ocean Expedition Tour
Observer Description: For those who would like to join the Seal and Ocean Expedition but are not keen to jump in the water with the seals. You are welcome to stay on the boat and watch the seals without getting your face wet.
Duration: 3- 4 hours (approx.).
Terms and Conditions: Payments are made when booking the boat tour with Visa or Mastercard, via our online booking system, or alternatively, we send a payment request. Last minute bookings (in circumstances where our online booking system is closed and you have to telephone or email us) can be paid on the date of departure on the boat tour by Visa, Mastercard or cash.
Please meet at 9am sharp at the Wild Ocean Tasmania office located at 165b Pirates Bay Drive, Eaglehawk Neck, unless stated otherwise. Wild Ocean Tasmania tours commence promptly at the time and location specified in your booking confirmation. Participants that arrive late may be left behind.
Please dress warmly and bring sun protection.
B. Coastal Adventure Tour
Description: 2-hour scenic boat tour and wildlife viewing along the coastline of the Tasman National Park. Chance to spot albatrosses, dolphins and migrating whales. Seals are almost always guaranteed.
Duration: 2 hours (approx.)
Terms and Conditions: Please meet at 2.30 pm at the Blowhole jetty in Eaglehawk Neck, unless stated otherwise. We recommend to allow about 10 minutes to find a car park at the Blowhole and to walk down to the pier. Please dress warmly.
Payments are made when booking the boat tour with Visa or Mastercard, via our online booking system, or alternatively, we send a payment request. Last minute bookings (in circumstances where our online booking system is closed and you have to telephone or email us) can be paid on the date of departure on the boat tour by Visa, Mastercard or cash.
21. Questions and Comments
The Privacy Officer
Wild Ocean Tasmania
165b Pirates Bay Drive
Eaglehawk Neck, Tasmania 7179
Please provide sufficient detail about the information in question to help us locate it.