As part of our commitment to achieving the principles of responsible environmental management, sustainability and protection of the natural environment in our workplace, we recognise our moral and legal responsibility to ensure that our activities, products and services are designed to protect and enhance the environment of the communities in which we operate and our obligations to ensuring that our operations do not place the natural environment or the local community at risk of harm.
By booking with Viskam Australia Pty Ltd A.C.N 609 295 409 (Viskam) for the Viskam Youth Leadership Program and other designated activities (the Event), the Parent/Guardian acknowledges that they have read the following terms, conditions and disclaimer and agree to be bound by same.
Definitions
In this agreement, unless the context otherwise requires:
“Event” means the provision of any function, event or service supplied by Viskam to the Parent/Guardian;
“Parent/Guardian” refers to the person who executes these terms and the terms of the Waiver for themselves and includes the participating child under the care of the Parent/Guardian;
“Hire Equipment” means any equipment supplied by Viskam to the Parent/Guardian for the Event (and where the context permits, shall include any supply of services); and
“Website” means the website viskamyouthleadership.com.au and any derivation thereof.
Privacy Policy
The Parent/Guardian agrees they have read or will read our privacy policy published on the Website which form part of these Terms and Conditions that detail how we collect and deal with the Parent/Guardian’s personal information.
Event Information
Viskam reserves the right to add, withdraw, substitute and/or vary advertised activities, routes, prices, commencement and departure times (Arrangements) for the Event without notice, due to inclement weather, police or road authorities’ restrictions, safety, or any other cause. However, reasonable endeavours will be made to maintain Arrangements as advertised.
All Parent/Guardians are required to be waiting at the agreed location for the Event at least 10 minutes prior to the stated time as per the Parent/Guardian’s booking communication. Arrival after this time may result in delays, rescheduling or cancellation of the Parent/Guardians participation in the Event at Viskam’s discretion, without refund. All reasonable efforts will be made to ensure the Parent/Guardian satisfies their booking conditions.
Any Hire Equipment must be returned to the agreed location, within 10 minutes following the conclusion of the Event. Viskam reserves the right to charge a fee as a result of any delay in return of Hire Equipment.
The Hire Equipment will be inspected at the time of return and the condition recorded. Any damage will be photographed. The Parent/Guardian may be asked to pay for any damage that Viskam, in its sole discretion, determines was caused by deliberate, careless or negligent use of the Hire Equipment.
Viskam shall not be liable for any loss or damage due to the failure by a Parent/Guardian to properly operate the Hire Equipment or to properly supervise their child’s use of the Hire Equipment.
Requirements to participate
The Parent/Guardian must be able to reference a booking confirmation and provide photo identification (eg Australian Driver’s License, current Passport).
The Parent/Guardian must be 18 years of age or over and be of sound mind and in good health and physical fitness.
The Parent/Guardian must maintain supervision of their child at all times and acknowledges that Viskam cannot be responsible for all of the children at the Event.
Viskam is not responsible in any way for any child who is not a paid participant or an adult who accompanies the Parent/Guardian. It is the sole responsibility of the Parent/Guardian to ensure their own children are properly supervised at all times.
The Parent/Guardian must consent to any applicable Waiver for each participating child. The consent can be given by signing a written form, submitting a signed photocopy or scanned form, an electronic signature or by checking any applicable box where online registration is available.
Viskam’s ability to refuse participation
Viskam may refuse any person participation in the Event, at Viskam’s absolute discretion, whether or not that person has previously participated in an Event.
Viskam will reimburse the price paid for the Event if a person is refused participation in an Event for any reason other than as set out in this document. Failure to agree to the Terms and Conditions will also result cancellation and refund of the price paid for the Event.
Risk
All risk for the Event and the Hire Equipment passes to the Parent/Guardian upon commencement of the Event. The Parent/Guardian accepts full responsibility for participation in the Event and the safe keeping of the Hire Equipment and indemnifies Viskam for all loss, theft or damage to the Hire Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence failure or omission of the Parent/Guardian.
The Parent/Guardian accepts full responsibility for and shall keep Viskam indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the Event or the use of the Hire Equipment during the Event however arising and whether or not arising from any negligence, failure or omission of the Parent/Guardian or any other persons.
The Hire Equipment is and will at all times remain the absolute property of Viskam, nonetheless, all risk for the Hire Equipment passes to the Parent/Guardian on and from the commencement of the Event until the Hire Equipment has been returned into the possession of Viskam. That is, title to the Hire Equipment shall remain with Viskam.
Parent/Guardian’s responsibilities
The Parent/Guardian must:
a) satisfy themselves that the Event is suitable for their purposes;
b) keep the Hire Equipment in their own possession and control;
c) on termination of the Event, the Parent/Guardian must return the Hire Equipment complete with all parts and accessories in good order as delivered, fair wear and tear excepted;
d) obey the directions and instructions of Viskam’s employees;
e) not attend the Event under the influence of any drugs or alcohol or smoke whilst at the Event;
f) not attend the Event if the Parent/Guardian or child is known to be carrying a contagious disease or illness, or is suspected to be carrying a contagious disease or illness;
g) not use headphones, cameras, phones, portal music devices, radios, or other distracting devices while the Event is in progress;
h) not use the Event as a handover point with respect to any co-parenting arrangements;
i) leave their child unsupervised at the Event or ask any other person to supervise their child;
j) acknowledge that the Event is personal to the Parent/Guardian and the participating child and additional children or adults are not invited or encouraged.
Terms of payment
In consideration for the provisions of the Event, the Parent/Guardian must pay Viskam the price as advertised.
All prices on the Website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
All Parent/Guardians authorise Viskam to take a holding deposit, at Viskam’s discretion, from the Parent/Guardian’s nominated credit card should the Event require.
All Parent/Guardians authorise Viskam to charge the nominated credit card to recover costs associated with the loss, theft, or damage of Hire Equipment at current Australian recommended prices.
The booking of an Event is non-transferable and specific to the particular Event. Participation at Events must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without Viskam’s prior written permission. If Viskam reasonably believes that these activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Hire, without payment of any compensation.
The Parent/Guardian must advise Viskam of cancellations and Event bookings can only be changed up to 48 hours before the Event and changed only by time or date to another available time or date at Viskam’s discretion.
All Events must be paid for at the time of making the booking unless otherwise agreed by Viskam in advance. Payment methods can be found on the Website.
Viskam may charge the Parent/Guardian’s credit card for any products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with the Parent/Guardian’s account. The Parent/Guardian are responsible for the timely payment of all fees and for providing Viskam with a valid credit card for payment of all fees. All fees will be billed to the credit card the Parent/Guardian designate during the registration process. If at any time Viskam is unable to process the Parent/Guardian’s credit card for payment, Viskam reserves the right to charge the Parent/Guardian for any applicable default charges and/or cancel the Parent/Guardian’s account if payment cannot be obtained and seek recovery of any outstanding amounts due by the Parent/Guardian including recovery costs on an indemnity cost basis, and interest at 2% per month.
Event
The Event shall be deemed to commence at the time nominated in the booking confirmation and will be deemed to have ended at the time nominated by Viskam during the Event (so as to allow for the contingencies of weather and other discretionary factors.)
Cancellation and refunds
Events will not proceed if Viskam decides in its absolute discretion, whether for safety reasons or any other reason, to cancel the Event at any time.
Should the Event not proceed then Viskam reserves the right to re-schedule the Event at the Parent/Guardian’s convenience, issue a refund voucher to the Parent/Guardian or reimburse the Parent/Guardian the price paid for the Event, but otherwise Viskam shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of the Event.
Event fees are not refundable, except in accordance with these Terms or as agreed in writing by Viskam. Refunds, where permitted, will only be made to the person who purchased the Event from Viskam.
Should the Parent/Guardian wish to cancel an Event, scheduled for one day or less, for any reason and provides Viskam with notice of:
a) greater than 48 hours, the Parent/Guardian shall be entitled to a full refund of the price;
b) between 48 hours and 24 hours, the Parent/Guardian shall be entitled a refund of 50% of the price;
b) less than 24 hours’ notice, the Parent/Guardian shall not be entitled to any refund.
Should the Parent/Guardian wish to cancel an Event, scheduled for more than one day in duration (such as a youth camp), for any reason and provides Viskam with notice of:
a) at least 7 days, the Parent/Guardian shall be entitled to a full refund of the price;
a) between 7 days and 48 hours, the Parent/Guardian shall be entitled a refund of 50% of the price;
a) less than 48 hours’ notice, the Parent/Guardian shall not be entitled to any refund.
The reason is these events require significant planning and we often have to commit to paying external parties in advance.
If the Parent/Guardian, subject to the notice provisions above, wishes to reschedule the Event it will be completely at the discretion of Viskram and the availability of a substitute Event
Viskam’s liability
All Parent/Guardians must read, acknowledged and agree to these Terms and Conditions, which must be signed by the Parent/Guardian before the Event.
The Parent/Guardian agrees that to the extent permitted under applicable law, in no event will Viskam or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to the Parent/Guardian’s use of, or access to, or the inability to use or to access, the Event, regardless of whether such damages are based on contract, tort, warranty, statute or otherwise.
To the extent permitted by law, Viskam limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at Viskam’s option: (i) refunding the price paid for the Event; or (ii) providing access to a replacement Event of equal or greater value. To the maximum extent permitted by applicable law, in no event shall Viskam’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by Viskam in connection with the Event giving rise to such claim.
It shall be the Parent/Guardian’s responsibility to make all necessary enquiries and take any action the Parent/Guardian consider necessary if the Parent/Guardian require insurance or to have insurance coverage that covers the Parent/Guardian in respect of any goods or services provided by Viskam, prior to proceeding with a booking.
Disclaimer
The Parent/Guardian accepts that aspects of the Event may include activites which are a dangerous undertaking and have inherent dangers and risks, including the risk of injury or death to the participant.
The Parent/Guardian accepts that in undertaking such activities, they do so at their own risk.
The Parent/Guardian further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for Viskam to be in any way responsible for any injury to or death and hereby, to the full extent permitted by law, waives all legal rights of action against and fully releases Viskam for loss, damages, injury or death howsoever arising out of or in relation to the participation in the activities conducted or organised by Viskam including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Viskam, its office bearers, directors, employees or agents.
Clauses 11 and 12 are in addition to the terms of any Waiver.
Copyright
Website graphics, design and text are the copyright of Viskam. Permission is granted to electronically copy and to print hard copy portions of the Website for the sole purpose of placing an order with Viskam or using the Website as a shopping resource. Any other use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Viskam is prohibited.
Viskam and its authorised sub-contractors have the authority to create, use and reproduce any photograph, video or recording taken of the Parent/Guardian or their child for any purpose including display and purchase by or on behalf of Parent/Guardians, without prior notice or payment of compensation to Parent/Guardian.
General
A reference in this terms and conditions contract to a Parent/Guardian, person, group or party includes natural persons, corporations, partnerships, associates and associations or other legal entity.
In these Terms and Conditions where a party comprises more than one person, those persons shall be bound by this hire contract and terms and conditions, jointly and severally.
If there is more than one Parent/Guardian/person in a group it is the group organiser’s responsibility to ensure every member of the group understands and accepts Viskam’s Terms and Conditions. It is the group organiser’s responsibility to provide Viskam with the name, contact details, drivers licence or passport details of each member of their group.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of Viskam to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Viskam in writing.
These Terms and Conditions of use may be changed by Viskam from time to time. Any such changes become effective immediately upon being posted to the Website. It is the Parent/Guardian’s responsibility to check the terms and conditions of use for any changes periodically and in any event prior to booking the Event. If the Parent/Guardian do not agree to any changes, the Parent/Guardian must not use participate in the Event in any way. The Parent/Guardian’s participation in the Event indicates that the Parent/Guardian agree to any amended terms and conditions.
The Parent/Guardian acknowledges that the booking is personal to the Parent/Guardian and the Parent/Guardian must not allow any third party to use the booking or take possession of the Hire Equipment at any time for any purpose.
These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of such state.