RENTAL TERMS & CONDITIONS
GUIDED TOURS TERMS & CONDITIONS
SELF DRIVE TOUR TERMS & CONDITIONS
RENTAL TERMS & CONDITIONS FOR AUSTRALIA
The term this “Agreement” refers to the rental terms set forth above, these Terms and Conditions and all attachments, addendum, releases, acknowledgments, policies, agreements and instruments signed or initialed by any Renter. The terms, “Renter,” “I,” “me,” and “my” refer to the Renters as described above as well as any person or organization to whom charges are billed for the Rental, all of whom are jointly and severally liable for the charges and obligations set forth in this Agreement. The term “EagleRider” and the “Rental Company” refers to the following entities: Fine Days Ltd, EagleRider Australia, Authorised Franchisees & Eagle Travel Systems, Inc., and each of their affiliated companies. The terms, “you” and “your” refer to the entities listed above as the “Rental Company,” Fine Days Limited, and EagleRider. The term “Vehicle” means the motorcycle or other vehicle identified above and any motorcycle or other vehicle that may be substituted for it, and all its tyres, tools, accessories, equipment, keys and vehicle documents. “DER” means the Damage Excess Reduction described in the Insurance & Damage Reduction Addendum attached hereto. “Loss of Use” means the loss of your ability to use the vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate. The term “Manufacturers” has the meaning as described in Section 5 below. The term “Prohibited Substances” has the meaning as described in Section 6 below. The term “Unauthorized User/Passenger” has the meaning as described in Section 6 below. The term “Addendum” has the meaning as described in Section 9 below. The term “Prohibited Acts” has the meaning as described in Section 13 below.
1.RENTAL. I agree to rent from you the vehicle listed above and agree to the terms of this Agreement.
2.RETURN OF THE MOTORCYCLE. I will return the vehicle to your rental office or other location as specified above on the date and time indicated opposite “Time Returned” and “Date Returned,” respectively, in the same condition as when received, ordinary wear and tear from proper use accepted. I will return the vehicle sooner upon your demand. Without limitation to the foregoing, if the vehicle is returned after closing hours, I will remain responsible for the loss of and any damage to the vehicle until you inspect it upon your next opening for business. Any vehicle not returned within four hours (4) of the return time specified may be reported to the police as stolen. I waive all claims against you for any consequences ensuing from you making such report. Failure to return the vehicle may constitute a crime punishable to the full extent provided under applicable law.
3.RENTAL CHARGES. I will pay for the length of time I rent the vehicle at the time rate indicated. The minimum charge is twenty four hours. All charges are subject to a final audit. If, upon final audit, an error is found in an earlier calculation, I will pay any undercharges, and I will receive a refund for any overcharges, in either case in excess of One Dollar ($1.00). I understand a minimum of three percent (3%) merchant fee will be charged for rentals and/or purchases using an American Express or JCB credit/charge card, or a percentage rate otherwise noted on the rental form, and dual purpose motorcycles will incur a ten percent (10%) surcharge. I am liable for all charges arising from the terms and conditions of this Agreement. If I have directed a billing for such charges to be transmitted to another person, firm or organization, such as a credit or charge card issuer, who or which, upon receipt of your bill, fails to make payment, I will promptly pay all such charges. I understand that I will be charged the rate per day for a full day even if I do not have the vehicle for the entire day.
4.TAXES. I will pay all GST, sales, use, rental, and excise taxes, including tax- related surcharges, related to my rental of the Vehicle.
5.WARRANTIES. I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EACH OF YOU AND THE MANUFACTURER OF THE VEHICLES AND ITS AFFILIATES (THE ‘MANUFACTURERS”) HAVE NOT MADE, DO NOT MAKE, AND DISCLAIM ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. I AGREE THAT NEITHER YOU NOR THE MANUFACTURERS WILL BE LIABLE TO ME FOR ANY LOSS OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE VEHICLE, ITS USE, OPERATION OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE VEHICLE.
6. MY REPRESENTATIONS AND PROMISES. I represent to you that (i) I am at least 21 years of age and I am in sound medical condition; (ii) If I am under 25 years of age I have had at least 2 years riding experience on, and have been fully trained in the operation of, motorcycles or other vehicles listed above similar to the size and operating characteristics of the vehicle and possess the skill, knowledge, confidence, and experience on motorcycles or other vehicle listed above similar to
the size and operating characteristics of the vehicle necessary so as to be able to operate the vehicle in a safe manner; (iii) I understand that unique risks are involved in riding a motorcycle or other vehicle listed above; (iv) I will not operate the vehicle without wearing certified helmet that complies with AS/NZS1698 and proper eye wear and protective clothing; (v) I possess a valid driver’s license in the state or country of my permanent residence, translated in English, if applicable, that qualifies me to operate a motorcycle or other vehicle with the same rating as the vehicle and, (vi) I am not under the influence of alcohol, drugs, other illegal substances, medications, controlled substances or any prescription or nonprescription drug (collectively, “Prohibited Substances”) which could impair my judgment or ability to operate or ride on the vehicle. I agree that I will not operate or ride on the Vehicle while under the influence of any Prohibited Substances or otherwise operate the vehicle in a manner constituting a Prohibited Act as described in Section 13 of this Agreement. I am aware and acknowledge that motorcycle riding and touring on a motorcycle or other vehicle listed above similar to the size and operating characteristics of the vehicle are very hazardous activities and that the safe operation of a motorcycle or other vehicle listed above similar to the size and operating characteristics of the vehicle requires training, experience, maturity and unique skills. I have inspected the vehicle, and have found it to be in very good condition. Additionally, I have had a chance to ask any questions I have about its maintenance, use and operation, and agree to maintain and operate it as required in this Agreement. I am satisfied that the vehicle is in good operable condition and that I fully understand how to operate or ride on the vehicle. I agree that I will drive defensively, and will use lights, horn, signals, and other safety equipment at all times and within the limits of the law and my abilities. I will only operate or ride on the vehicle on public highways and roads. Without limitation to the foregoing, I understand that the vehicle is not allowed on and I agree that I will not operate the vehicle on gravel roads, beaches, “logging” roads, and any areas other than paved public roads. I will only operate a dual sport motorcycle on gravel roads and unsealed public roads but not beaches or “logging” roads. I acknowledge that by operating and/or riding on the vehicle I am facing a substantial risk of serious injury or death from an accident that may or may not be my fault. Notwithstanding this risk, in order to have the opportunity to ride and operate the vehicle, I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHICH I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON THE VEHICLE.
I acknowledge that it is my responsibility to determine which helmet size best fits my head and that the Rental Company is not responsible to determine my proper helmet size. Any assistance provided by the Rental Company in choosing a proper fitting helmet are not a substitute for me determining my proper helmet size by trying on helmets and feeling the fit of the helmet. If the Rental Company has provided me a helmet, I acknowledge that the Rental Company has provided me with the helmet size I requested and that the helmet fits me properly and I fully and completely assume all risk as to the proper fitting of the helmet and agree to fully and completely release, defend and indemnify the Rental Company and, in the event Fine Days Ltd is not the Rental Company, EagleRider, and each of their affiliated companies from and against any Liabilities (as defined below in this Agreement) in any way arising in connection with the size, fitting and adequacy of the helmet.
I agree to wear at all times, and, if I am the operator of the vehicle, I will require any passengers on the vehicle to wear at all times, a properly fitted motorcycle helmet (my own or one provided by Rental Company) that complies with AS/NZS1698.
I AGREE THAT I WILL NOT ALLOW ANY OTHER PERSON (AN “UNAUTHORIZED USER/PASSENGER”) TO OPERATE THE VEHICLE FOR ANY REASON UNLESS YOU HAVE, IN WRITING, SPECIFICALLY CONSENTED TO SUCH OPERATION AND SUCH OTHER PERSON HAS EXECUTED A COPY OF THIS AGREEMENT. I WILL NOT ALLOW ANY OTHER PERSON (ALSO AN “UNAUTHORIZED USER/PASSENGER”) TO RIDE ON THE VEHICLE FOR ANY REASON UNLESS HE/SHE IS SPECIFICALLY CONSENTED TO, IN WRITING, BY YOU AND SUCH OTHER PERSON HAS EXECUTED A COPY OF THIS AGREEMENT OR EXECUTED AND DELIVERED TO YOU A PASSENGER RELEASE OF LIABILITY FORM (IN A FORM AND SUBSTANCE APPROVED BY EAGLERIDER AT ITS SOLE DISCRETION) BEFORE I ALLOW THEM TO RIDE ON THE VEHICLE.
7.INDEMNITY AND WAIVER/RELEASE OF LIABILITY. I ON MY BEHALF AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “HEIRS AND ASSIGNS”), IN CONSIDERATION OF THE RENTAL OF AND/OR THE PERMISSION TO RIDE ON THE VEHICLE WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS YOU AND THE MANUFACTURERS, AND EACH OF THEIR PARTY’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS
EAGLERIDER AUSTRALIA TERMS AND CONDITIONS
(EACH, A “RELEASED PARTY” AND COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, DAMAGES, LOSSES, LIABILITIES, ATTORNEY FEES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, COSTS, FINES, OR OTHER SANCTIONS OF ANY KIND (COLLECTIVELY, “LIABILITIES” or “Liabilities”), THAT MAY BE INCURRED BY OR ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO:
a.THE RENTAL, USE OR OPERATION OF THE VEHICLE BY ME OR ANY OTHER PERSON;
b.IF APPLICABLE, MY PARTICIPATION IN A MOTORCYCLE TOURING EVENT (THE “TOUR”) CONDUCTED BY YOU OR YOUR AGENTS OR REPRESENTATIVES; or
c.ANY ASPECT OF THE RECEIPTS OR OTHER MATERIALS PROVIDED TO ME IN THE RENTAL PROCESS; or
d.ANY EFFORTS YOU MAKE TO COLLECT AMOUNTS OWED, OR OTHERWISE TO ENFORCE THIS AGREEMENT.
THIS INDEMNITY AND WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY ALLEGED INJURY, DAMAGE OR LOSS TO MY PERSON, RIGHTS OR PROPERTY (“ALLEGED INJURY”) WHICH MAY BE CAUSED BY ANY ACT, OR FAILURE TO ACT BY ANY RELEASED PARTY, BY ANOTHER PARTICIPANT ON A TOUR, OR ANY OTHER PARTY. THIS INDEMNITY AND WAIVER AND RELEASE WILL APPLY TO ANY ALLEGED INJURY SUSTAINED BY ME BEFORE, DURING, OR AFTER THE RENTAL, INCLUDING BUT NOT LIMITED TO ANY ALLEGED INJURY RELATED TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF THE VEHICLE OR THE CONDITIONS UNDER WHICH THE VEHICLE IS USED, AND ANY ALLEGED INJURY RESULTING FROM OR CAUSED BY ANY ACT OR OMISSION CONSTITUTING A BREACH OF MY OBLIGATIONS UNDER THIS AGREEMENT AND/OR ANY OTHER AGREEMENT BY AND BETWEEN ME AND YOU.
I ACKNOWLEDGE AND UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMNIFICATION EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS I OR ANY OF MY HEIRS AND ASSIGNS HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF THE RENTAL, THE USE AND/OR THE OPERATION OF THE VEHICLE, OR ANY USE BY ANY OTHER PERSON OF THE MOTORCYCLE, INCLUDING WITHOUT LIMITATION ALL SUCH CLAIMS RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR ARISING FROM STRICT PRODUCT LIABILITY OR RESULTING FROM ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY BY AND ANY RELEASED PARTY. I SPECIFICALLY INTEND THIS RELEASE TO BE ENFORCEABLE REGARDLESS OF WHETHER SUCH CLAIMS NOW EXIST OR HEREAFTER ARISE OR ARE KNOWN OR UNKNOWN, CONTINGENT OR ABSOLUTE, LIQUIDATED OR UNLIQUIDATED OR FORESEEN OR UNFORESEEN OR ARISE BY OPERATION OF LAW, UNDER A STATE, FEDERAL OR LOCAL LAW OR REGULATION, OR OTHERWISE; PROVIDED HOWEVER, THIS INDEMNITY AND WAIVER AND RELEASE DOES NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CANNOT BE EFFECTIVELY RELEASED BY ME UNDER APPLICABLE LAW. WITHOUT LIMITATION TO THE FOREGOING, I AGREE THAT IF FOR ANY REASON ANY UNAUTHORIZED USER/PASSENGER VIOLATION SHOULD OPERATE OR RIDE ON THE VEHICLE IN VIOLATION OF THE TERMS OF SECTION 6 ABOVE (AN “UNAUTHORIZED USER/PASSENGER VIOLATION”), I AGREE TO RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES THAT MAY IN ANY WAY ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE UNAUTHORIZED USER/PASSENGER VIOLATION, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITIES RELATING TO ANY INJURY OR DEATH TO THE UNAUTHORIZED USER/PASSENGER. I ACKNOWLEDGE AND UNDERSTAND THAT BY SIGNING THIS RELEASE I AND MY HEIRS AND ASSIGNS AGREE NOT TO SUE ANY OR ALL OF THE RELEASED PARTIES FOR ANY INJURY OR DEATH TO MYSELF, MY RIGHTS OR OTHER PROPERTY, OR TO ANY OTHER PERSON OR SUCH PERSON’S PROPERTY RESULTING FROM OR ARISING OUT OF MY RENTAL, MY USE OR OPERATION OF THE VEHICLE, OR ANY USE BY ANY PERSON OF THE VEHICLE.
TO THE EXTENT THAT THE SCOPE OF THIS RELEASE OF LIABILITY IS UNENFORCEABLE IN ANY JURISDICTION, SUCH SCOPE WILL, AS TO SUCH JURISDICTION ONLY, BE DEEMED AMENDED TO THE MINIMUM EXTENT NECESSARY TO MAKE THIS RELEASE ENFORCEABLE IN SUCH JURISDICTION, WITHOUT INVALIDATING ANY OTHER PORTION OF THIS RELEASE OF LIABILITY.
8.OWNERSHIP AND USE. You are the owner of the vehicle, and neither I nor anyone else will acquire any interest in the vehicle by reason of this Agreement, except my right to possess and use the vehicle as renter for the time period indicated and in accordance with this Agreement. I will not operate the vehicle: (i)
in Tasmania unless rented from a location in Tasmania; (ii) on Fraser Island or north of Cooktown in Queensland; (iii) in the Northern Territory on the road to Jim Jim Gorge and Twin Falls or north of the Oodnadatta Track; or (iv) in any other such location or region reasonably specified by EagleRider. I will comply with all laws, ordinances or governmental rules and regulations relating to the use and operation of the vehicle. I will check and monitor all appropriate levels, including the engine oil and other fluids,including coolant level if applicable, tyre pressure and, if applicable, chain tension and lubrication at each refueling and report any mechanical failures to you immediately. I will not service the vehicle, repair the vehicle, or replace any part or accessory of the vehicle, during the rental period without your prior approval or such actions are at my risk and expense. I will keep the vehicle locked while unattended. In case of an accident involving the vehicle, I will call 000 and notify the police and you immediately. If I am involved in an accident, I understand that the vehicle will not be replaced, and this Agreement will automatically be terminated without refund, unless a traffic infringement notice has been issued to the driver of another vehicle or to a person other than me or the additional renter specified above, naming such individual as the cause of the accident.
9.DAMAGE; LOSS OF MOTORCYCLE. I understand and agree that I am fully liable and responsible for the condition of the vehicle on its return. Without limitation to the foregoing, if the vehicle is stolen or damaged irrespective of my lack of negligence or intentional misconduct, I understand and agree that, subject to my purchase of additional insurance coverage under the terms of the Insurance & Damage Reduction Addendum attached hereto (the “Addendum”), I will pay to you the sum of (a) its retail fair market value before theft or damage less its salvage value (“Adjusted Retail FMV”), unless the sum of (i) your repair cost plus (ii) the reduction of the Vehicle’s value after repairs (which sum is referenced to as the “Adjusted Repaired FMV”) is greater than the Adjusted Retail FMV, in which case, I will pay the latter amount; plus (b) an amount reimbursing you for Loss of Use of the Vehicle based on reasonable downtime or as specified by law (except for theft where the vehicle is not recovered) and plus (c) all towing and storage charges, all of which are referred to herein as the “Loss.” If I believe my responsibility for the Loss is covered by my own insurance or my credit or charge card issuer, but without releasing me of my obligations as provided herein, I will provide you my insurer and policy number or credit or charge card issuer and its insurer and I will authorize you to collect the Loss directly from the insurer. Again, without relieving me of my obligations as provided herein, I also authorize you to collect the Loss directly from a third party responsible for the Loss. You will refund any sum you collect in excess of the Loss. Without releasing me of any obligation as described above, I understand and agree that the security deposit will be returned to me only if the vehicle is returned in the same condition that I received it, except for ordinary wear. If the vehicle is returned in a damaged condition (including without limitation, damage resulting from failure to maintain proper oil and fluid levels), I agree to pay you for all damage to the vehicle, all parts and labor charges incurred to repair such damage and all Loss of Use as a consequence of such damage. I further acknowledge and agree that you have the right to deduct from my security deposit the amount of all such damage and that I will be responsible for the amount by which the amount of such damage exceeds the security deposit.
10.FUEL SERVICE CHARGE. I will pay a fuel service charge if I return the vehicle with less fuel than when rented. This charge will be the rate per litre as specified above multiplied by the number of litres required to refuel the tank. I acknowledge that the fuel service charge is not a retail sale of fuel.
11.OTHER CHARGES. I agree to pay you all of the following charges that may come due: (i) all fines, penalties, forfeitures, court costs and other expenses (including, without limitation, recovery of expenses for parking, traffic and other violations, including storage liens and charges) that may be assessed against you but which are due by reason of my care, custody, control, possession, operation or use of the vehicle; (ii) your costs, including reasonable attorneys’ fees and court costs through trial and appeals, paralegal fees, incurred in collection of any and all charges due from me to you pursuant to this Agreement; (iii) unless the vehicle is stolen or destroyed, if I do not return the Vehicle on the date and time specified above, an overtime charge of Fifty Dollars ($50.00) per hour or part thereof; (iv) if I have agreed with your consent, to return the Vehicle to another location, the One- Way Service Fee specified on the front of this Agreement under “Rental Charges”; (v) if I fail to return the Vehicle to the return location indicated above opposite “Place Out,” without your written permission, or if you elect to repossess the vehicle in accordance with the terms of this Agreement, fifty dollars ($50.00), plus five dollars ($5.00)/kilometre for every kilometre between the renting location and the place where the vehicle is returned or abandoned, plus all other expenses you may incur in locating and recovering the vehicle; (vi) a reasonable fee, not to exceed one hundred dollars ($100.00) to the extent you reasonable deem it necessary to clean the vehicle upon my return for excessive stains, dirt or soilage attributable to my use; (vii) all costs, including pre- and post-judgment attorney fees, you incur collecting payment from you or otherwise enforcing our rights under this Agreement; and (viii) all other costs, expenses and/or charges incurred by you in connection with any misrepresentations under and/or breach the terms or conditions of this Agreement. You may retain the security deposit and other funds paid by me to you to the extent necessary (a) to reimburse you for any costs, expenses and/or charges‘ incurred by you in connection with such misrepresentation or breach or (b) to pay you for any amounts I owe you under the terms of this Agreement.
12.PROHIBITED USE OF THE MOTORCYCLE. I will not use or permit the vehicle to be (i) used, operated or driven by any person other than me or the Additional Authorized Driver(s)specified above; (ii) to carry passengers or property for hire; (iii) to tow or push anything; (iv) to be operated in a test, race or contest or on unpaved roads; (v) to instruct an unlicensed person in the operation of the vehicle; (vi) while I am under the influence of alcohol or a controlled substance, or a prescription or nonprescription drug which could impair the operator’s ability to operate the vehicle; (vii) for an illegal purpose, including, but not limited to, the transportation of a controlled substance or contraband and/or (viii) used in a manner constituting a Prohibited Act as described in Section 13 below. A violation of any of the provisions of this Section will entitle you, at your option, to immediately terminate this Agreement and the rental of the vehicle and I agree to indemnify you for all Liabilities, Loss fines, forfeitures, liens and recovery and storage costs, including all related legal expenses in any way arising in connection with such violations.
13.LIABILITY INSURANCE. I understand that anyone operating the vehicle as permitted by this Agreement will be afforded coverage with a liability insurance Policy the (“Policy”), made available by you through third party insurers, against liability for causing bodily injury or death to others or damaging the property of someone other than the operator and/or the Renter only up to the minimum financial responsibility limits required by applicable law of the State in which I picked up the vehicle (the “Required Minimum Amount”). Where the law extends coverage to a non-permitted operator, the same limits will apply. I understand and agree that you can provide coverage under a certificate of self-insurance or an insurance policy, or both, as you choose. In any case, I acknowledge and agree that a copy of the Policy and/or certificate has been made available for my inspection at the office from which I picked up the vehicle. In the event of any inconsistency or conflict between the terms of the Policy and this Agreement, the terms of the Policy shall be deemed controlling and shall supersede the terms of this Agreement, which Agreement shall be deemed amended so as to be consistent with the terms of the Policy. Without limitation to the foregoing, I understand and agree that the coverage provided by the Policy is subject to all of the conditions and exclusions of a standard vehicle liability insurance policy, including all requirements as to notice and cooperation on my part, all of which are made a part of this Agreement. THE FOREGOING INSURANCE COVERAGE PROVIDED BY YOU WILL BE EXCESS OVER ANY APPLICABLE INSURANCE AVAILABLE TO ME OR ANY OTHER OPERATOR, FROM ANY OTHER SOURCE, WHETHER PRIMARY, EXCESS, SECONDARY OR CONTINGENT IN ANY WAY. I understand and agree that my own motor vehicle insurance or credit card agreement may cover any damage or loss to the Vehicle. IN THIS REGARD, I UNDERSTAND THAT I AM RESPONSIBLE FOR ALL DAMAGES OR LOSSES I CAUSE TO OTHERS AND THAT I AGREE TO PROVIDE LIABILITY, COLLISION AND COMPREHENSIVE INSURANCE COVERING ME, YOU AND THE VEHICLE AND THAT MY INSURANCE IS PRIMARY TO THE POLICY AND ANY OTHER INSURANCE YOU MAY MAINTAIN. I understand that you will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to, or death of, me while not an operator, or any member of my family or the operator’s family; (iii) defense against any claim after applicable limits of coverage that you furnish have been tendered; or (iv) supplementary no fault and/or personal injury protection insurance, non-compulsory uninsured or underinsured motorist coverage, and any other optional or rejectible coverage, and you and I reject all such coverages to the extent permitted by law. In the event any of these coverages are required by law in connection with the rental of the Vehicle, the coverage limits will be the minimum required under such law.
I UNDERSTAND AND AGREE THAT EXCEPT AS REQUIRED BY APPLICABLE LAW AND/OR AS EXPRESSLY PROVIDED OTHERWISE UNDER THE TERMS OF THE POLICY, I WILL NOT BE COVERED BY THE POLICY AND ANY DER IN THE EVENT ANY INJURY, DEATH OR DAMAGE: (A) IS CAUSED BY ANYONE WHO IS NOT AN AUTHORIZED DRIVER, OR BY ANYONE WHOSE MOTORCYCLE DRIVING LICENSE IS SUSPENDED IN ANY JURISDICTION; (B) IS CAUSED BY ANYONE UNDER THE INFLUENCE OF ANY PROHIBITED SUBSTANCES, OR OVER THE LEGAL ALCOHOL LIMIT FOR MY PARTICULAR LICENCE CLASS CAUSING ME TO COMMIT A CRIME IN THE RELEVANT STATE IN WHICH I AM USING THE VEHICLE OR IN THE STATE I HAVE ENTERED INTO THIS AGREEMENT; (C) IS CAUSED BY ANYONE WHO OBTAINED THE VEHICLE OR EXTENDED THE RENTAL PERIOD BY GIVING YOU FALSE, FRAUDULENT OR MISLEADING INFORMATION; (D) OCCURS WHILE THE VEHICLE IS USED IN FURTHERANCE OF ANY ILLEGAL PURPOSE OR UNDER ANY CIRCUMSTANCE THAT WOULD CONSTITUTE A VIOLATION OF LAW, OTHER THAN A MINOR TRAFFIC VIOLATION; (E) OCCURS WHILE PUSHING OR TOWING ANYTHING, OR IN ANY RACE, SPEED TEST OR CONTEST, OR WHILE TEACHING ANYONE TO DRIVE A MOTORCYCLE; (F) OCCURS WHILE CARRYING DANGEROUS OR HAZARDOUS ITEMS OR ILLEGAL MATERIALS IN OR ON THE VEHICLE; (G) OCCURS OUTSIDE THE GEOGRAPHIC LIMITATIONS INDICATED ON THIS AGREEMENT; (H) OCCURS AS A RESULT OF DRIVING THE VEHICLE ON UNPAVED ROADS; (I) OCCURS AND THE ODOMETER HAS BEEN TAMPERED WITH OR DISCONNECTED; (J) OCCURS WHEN THE VEHICLE’S FLUID LEVELS ARE LOW, OR IT IS OTHERWISE REASONABLE TO EXPECT ME TO KNOW THAT FURTHER OPERATION WOULD DAMAGE THE VEHICLE; (K) IS A RESULT OF MY WILLFUL, WANTON OR RECKLESS ACT; (L) OCCURS AND I FAIL TO SUMMON THE POLICE TO ANY VEHICLE ACCIDENT INVOLVING PERSONAL INJURY OR
PROPERTY DAMAGE; AND/OR (M) OCCURS AS A RESULT OF MY MAKING ANY MISREPRESENTATIONS UNDER AND/OR OTHERWISE BREACHING THE TERMS OR CONDITIONS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE TERMS OF SECTIONS 6, 8 AND/OR 12 ABOVE (COLLECTIVELY, (A) THROUGH (M), THE “PROHIBITED ACTS” or “Prohibited Acts”). I AGREE TO INDEMNIFY YOU AND, THE RENTAL COMPANY FROM ALL LIABILITIES IN ANY WAY ARISING IN CONNECTION WITH ANY PROHIBITED ACTS. I understand that passengers are not covered for personal injury under your liability insurance and therefore ride at their own risk. I acknowledge responsibility for any passengers I carry on the Vehicle and agree to fully and completely indemnify you and, if Fine Days Ltd is not listed as the Rental Company, Authorised Franchisees & EagleRider, from any liabilities in any way arising in connection with any claim, demand or action brought by any passenger.
14.INDEMNIFICATION. I agree to indemnify you and, if Fine Days Ltd is not listed as the Rental Company, EagleRider for any loss, liability and expense that any of you incur arising out of any breach of any representation, warranty, covenant, agreement or obligation made by me in this Agreement and/or any documents, instruments or releases expressed herein.
15.REPOSSESSING THE VEHICLE. I understand and agree that you can repossess the vehicle anytime it is found illegally parked, unlocked, being used to violate the law or in breach of this Agreement, or appears to be abandoned. You can also repossess anytime you discover that I made a misrepresentation in the Agreement or in any other document to obtain the vehicle. I waive, to the extent permitted by applicable law, any and all rights to prior notice and/or hearing prior to the repossession of the vehicle by you, your employees, agents or contractors.
16.COLLECTIONS. All charges, fees and expenses, including payment for loss or damage to the vehicle are due at your demand. If I do not pay all charges when due, I agree EagleRider is entitled to charge interest of ten percent (10%) per annum calculated on a daily basis for all outstanding charges. In addition, I will pay any collection costs, including your reasonable attorney’s fees, if I fail to pay, when due, any amount due in under the terms of this Agreement.
17.CREDIT/CHARGE CARD. I acknowledge that I have been informed that my credit/charge card company may charge, set aside or reserve an amount up to the estimated total charges due under this Agreement, and I hereby expressly consent to the reservation or settling aside of that amount. My signature hereon authorizes you to charge the charge card I presented to you for payment, for any and all other charges arising from the terms and conditions of the Agreement.
18.PROPERTY IN THE VEHICLE. You are not responsible for the loss or damage to any property left, stored, or transported by me, or any other person, in or upon the vehicle, or on your premises, or received or handled by you, either before or after the return of the vehicle, regardless of who is at fault. I will indemnify you and, in the event Fine Days Ltd is not listed as the Rental Company, EagleRider from and against any and all claims, demands, and/or causes of action brought by others for any such loss or damage.
19.NO ASSIGNMENT. I will not sell, transfer, assign, sublease, or transfer any of my interest in this Agreement or the vehicle and any such attempted assignment, sublease or transfer is void and of no effect and is a breach of this Agreement.
Each of the parties hereby irrevocably and unconditionally submits to exclusive jurisdiction of the courts of the State of New South Wales with respect to any and all actions or proceeding to be litigated under or pursuant to this Agreement.
22.MISCELLANEOUS/ENTIRE AGREEMENT. The paragraph headings are inserted in the Agreement for convenience of reference and shall not affect the meaning or interpretation of this Agreement. This Agreement constitutes the entire Agreement between me and you. It supersedes all earlier or contemporaneous oral or written communications or representations of any kind, expressed or implied, and I am not relying upon any such communications or representations in entering into this Agreement. If any of the provisions of this Agreement are determined to be void, invalid or unenforceable in part, the remaining provisions, and the enforceable portions of any partially unenforceable provisions, shall nevertheless be binding and enforceable to the maximum extent possible for the interpretation and enforcement of this Agreement.
23.NO CHANGES OR WAIVER. No provisions of this Agreement may be modified, waived or discharged except by a writing signed by your authorized representative. No waiver by either party hereto at any time of any breach by the other party hereto of, or failure to be in compliance with, any condition or provision of this Agreement to be performed by such other party, shall be deemed a waiver of any other breach or failure.
GUIDED TOUR RETAIL TERMS & CONDITIONS FOR AUSTRALIA
BOOKING CONFIRMATION & CREDIT CARD DEPOSIT
With your signature on the Australian Guided Tour Booking Form you accept these Terms and Conditions as a binding
contract between EagleRider and yourself, as the Guided Tour Participant. Please read them carefully. EagleRider
cannot accept any tour participant without a duly signed Guided Tour Booking Form on day of motorcycle pick-up.
RESERVATION AND DEPOSIT
A $1,000 AUD non-refundable booking deposit is required at the time of booking, with the remaining balance due 65
days prior to the arrival date for the tour. By signing the Credit Card Authorization form you give EagleRider permission
to charge your card 65 days prior tour start. If, in case of payment by wire transfer or check, the total balance is not
received 65 days before tour start, EagleRider reserves the right to cancel the Guided Tour reservation and charge a
RELEASE AND WAIVER
Every participant in an Australian EagleRider Motorcycle Tour is required to accept and sign an Australian Rental
Agreement and Liability Release Waiver before the Guided Tour begins. EagleRider cannot accept a tour participant
without these signed forms. Our agents can provide a copy of these forms upon request.
AGENTS AND REPRESENTATIVES
EagleRider agents and travel industry business partners are representing us, and are not a party within this contract,
nor are they personally responsible or liable for failure to provide any services as described in our literature pertaining
to the contract.
MOTORCYCLE RENTAL/SECURITY DEPOSIT
Rental motorcycles are provided as part of the Guided Tour package. Your motorcycle model may vary to fit the type of
riding on each Guided Tour. The listed motorcycles below are the current motorcycle models available through
EagleRider Motorcycle Rental in Australia. Please keep in mind that colors may vary.
Most motorcycle models will have saddlebags for luggage and some may come equipped with luggage racks and
backrests as well. EagleRider reserves the right to substitute the motorcycle confirmed to tour participants if the
reserved model becomes unavailable. Unfortunately, at times, unexpected and uncontrollable situations arise which
may require the substitution of a motorcycle. This includes, but is not limited to, delay in manufacture fleet delivery,
mechanical failure, collision damage and theft. Should EagleRider not be able to provide the confirmed motorcycle, a
similar or better model will be provided to the client. This constitutes the maximum liability of EagleRider.
At the time of bike pick up, a Credit Card Authorization will be taken in the event that you incur a theft, damage to your
motorcycle or traffic violations while on tour. There will be no actual charge to your credit card as the amount will be
authorized only and will not show on your monthly credit card statement. Only in the case of damage, theft, or traffic
violation will your deposit be charged to your card. Otherwise, the authorization automatically eliminates after
approximately 10 business days. The amount of the Security Deposit depends on the Theft and Damage Reduction
Addendum, if any, you choose. For participants 25 years of age or older choosing Damage Excess Reduction will incur a
$2,000 security deposit, Enhanced Damage Excess Reduction will incur a $1,000 security deposit. Declining an excess
reduction will incur a $3,000 security deposit. If 21 -25 years of age choosing Damage Excess Reduction will incur a
$4,000 security deposit, Enhanced Damage Excess Reduction will incur a $3,000 security deposit. Declining an excess
reduction will incur a $5,000 security deposit.
SELF DRIVE TOURS : TERMS & CONDITIONS FOR AUSTRALIA
With your signature on the Self-Drive Booking Form you accept these Terms and Conditions as a binding contract
between EagleRider and yourself, as the Self-Drive Tour Participant please read them carefully. EagleRider cannot
accept any tour participant without a signed Self-Drive Tour Booking Form.
MOTORCYCLE RENTAL / SECURITY DEPOSIT
All touring models will have saddlebags for luggage and some may come equipped with luggage racks and passenger
backrests as well. EagleRider reserves the right to substitute the motorcycle confirmed to tour participants if the
reserved model becomes unavailable. Unfortunately, at times, unexpected and uncontrollable situations arise which
may require the substitution of a motorcycle. This includes, but is not limited to, delay in manufacture fleet delivery,
mechanical failure, collision damage, and theft. Should EagleRider not be able to provide the confirmed motorcycle, a
similar or better model will be provided to the participant. This constitutes the maximum liability of EagleRider.
At the time of bike pick up, a Credit Card Authorization will be taken in the event that you incur a theft, damage to
your motorcycle, or traffic violations while on tour. There will be no actual charge to your credit card as the amount
will be authorized only and will not show on your monthly credit card statement. Only in the case of damage, theft,
toll, or traffic violation will your deposit be charged to your card. Otherwise, the authorization automatically
eliminates after 10 days. The security deposit amount depends on the Insurance & Damage Reduction Addendum, if
any, you choose. Choosing the Damage Excess reduction will incur a $2,000 AUD security bond, the Enhanced
Damage Excess Reduction will incur a $1,000 AUD security deposit, and declining the excess reductions will incur a
$3,000 AUD security bond. If aged under 25 choosing the Damage Excess reduction will incur a $4,000 AUD security
bond, the Enhanced Damage Excess Reduction will incur a $3,000 AUD security deposit, and declining the excess
reductions will incur a $5,000 AUD security bond.
• 21 years of age or older (if under 25 years of age 2 years riding experience required)
• Valid unrestricted motorcycle license from home country or state
• Access to a major credit card
• Minimum of one year of riding experience on heavyweight motorcycles.
The hotels we use are booked based on availability and the exact properties will not be released until confirmed. The
hotels we use are typically 3 star motorcycle friendly properties. Higher star properties can be requested and may
carry a surcharge.
RESERVATION AND DEPOSIT
A $500 AUD non-refundable booking deposit is required at the time of booking. The remaining balance will be due
once the hotel accommodations have been confirmed. In special circumstances the final payment may be taken at a
later date. These circumstances will be determined on case by case basis. By signing the Self Drive Tour booking
form you give EagleRider permission to charge your credit card the remaining tour balance once your hotel
accommodations have been confirmed. Payment by Direct Bank Deposit is acceptable and must be sent 90 days prior
to the tour start date. EagleRider reserves the right to cancel the Self-Drive Tour reservation and charge a
cancellation fee if payment is not received.
Self-Drive Tours less than 8 day / 7 night / 6 riding days will require the full tour amount to be paid at the time of
Any changes to the itinerary after the booking is confirmed may carry a change fee. A change to the itinerary includes
and is not limited to changing the route, hotels, travel dates, etc.
ALTERATIONS TO TOUR SCHEDULE
Any alterations made to the itinerary while on tour will be at the participant’s expense. This includes and is not limited
to changing hotels, destinations, adding/subtracting tour days etc. Any unused hotels on tour will not be refunded.
Weather conditions are not guaranteed for our Self Drive Tours. EagleRider cannot be held liable for any unpleasant
and unsuitable weather conditions. No refunds shall be granted for such conditions.
SEASONAL/BIKE RALLY SURCHARGES
A surcharge may apply at certain locations during major bike events such as the Phillip Island MotoGP and motorcycle
rallies. Seasonal surcharges may apply during peak holiday periods. Examples include New Years, Australia Day,
ANZAC Day, Queen’s Birthday, Christmas, Boxing Day, etc. Hotels may charge a surcharge for special events such as,
conventions, conferences, special events, etc. Any surcharges will be paid by the participant.
RELEASE AND WAIVEREvery participant in an EagleRider Self Drive Motorcycle Tour is required to accept and sign a Rental Agreement and
Liability Release Waiver before the Self Drive Tour begins. EagleRider cannot accept a tour participant without these
Every participant will receive a full orientation to the motorcycle. The participant orientation will cover safe motorcycle
operation, the participant’s maintenance responsibilities, as well as some local and state traffic laws.
FUEL AND OIL
Fuel and oil is not included in Self-drive Tours. The cost of fuel and oil will vary depending on time of year and
CANCELLATION AND REFUNDS
A Self Drive Tour may be cancelled without cancellations fees if the tour is cancelled 30 or more days prior to your
tour start date. However, cancellation fees and refund amounts will be determined on a case by case basis. Any
cancellation fees may be applied to a future tour booking anytime within a twelve (12) month period following the
EagleRider is responsible for providing the services listed in the tour description. EagleRider carefully selects and
inspects our tour service providers however, we cannot be held liable for any situations that arise while on their
premises. EagleRider is responsible for conscientious travel preparations. EagleRider is not responsible or liable for
any accidents and cannot be held liable in any way for any occurrence in connection with the operation or the
participant’s actions in connection with the tour, which might result in injury, death or other damage to the client,
his/her property, or his/her family, heirs, or assigns. EagleRider is not responsible for any delays or changes in
schedule or other or any other conditions that may arise while on tour.
COMPLAINTS AND SUGGESTIONS
Please email any complaints or suggestions to firstname.lastname@example.org. We sincerely value your feedback and rely on
tour participants to help us shape the tour experience for future tours.
TOUR RATES, RENTAL RATES AND MOTORCYCLE COSTS
Rates quoted on our website and in our brochure are those in effect at time of printing. Cost factors include but not
limited to: hotels, motorcycles, insurance, international currency fluctuations, etc. dictate the need for an increase in
rate EagleRider may do so at any time prior to 60 days before departure. A rate increase has never happened,
however, should this become the case the participant has the right to receive full refund if so desired.
EagleRider recommends that you take out adequate travel, health and accident insurance as well as Trip Cancellation
Insurance. Please ask your booking agent for further information.
EagleRider will provide hotel pickup/drop off service to and from your hotel as long as the hotel is within an 11 km
radius of our location. Another option is to take a taxi. Our location will reimburse up to $20.00 AUD as long as you
save the receipt.
Restrictions may apply at various locations.
EagleRider will provide storage for participant’s additional luggage at the pick-up location for round trip tours. Storing
luggage at the pickup location for one way tours will not be possible. EagleRider is not responsible for lost or stolen
We accept Visa, MasterCard, JBC, and American Express.
PAYMENT BY CREDIT CARD or DIRECT BANK DEPOSIT
Payment of $500 AUD Tour Deposit can be made by the following credit cards, VISA, Master Card, JBC, or American
Express. Balance payments can also be made by Direct Bank Deposit. In this case the balance amount must be
credited on the EagleRider account 90 days prior tour start date.
This is the privacy notice of Fine Days Ltd T/A EagleRider Australia. In this document, “we” or “us” refers to Fine Days Ltd registered in Australia with ACN 152390951
Our registered office is at 336A Parramatta Road Burwood NSW 2134.
This is a notice to tell you our policy about all information that we record about you. It covers both information that could and could not identify you and information.
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with Australian law and with the laws of all jurisdictions of which we are aware. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:
Business and personal information
This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
This information is used:
1.1. to provide you with the services which you request;
1.2. for verifying your identity for security purposes;
1.3. for marketing our services and products;
1.4. information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
We keep information, which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
Market place information
When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
Your domain name and e-mail address
This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
1.5. to correspond with you or deal with you as you expect;
1.6. in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
1.7. to send you news about the services to which you have signed up;
1.8. to tell you about other of our services or services of sister web sites.
Information you post on our website
Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
Website usage information
Financial information relating to your credit cards
We keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud.
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser, and to encrypt any data you give us when you buy, including financial information such as credit or debit card numbers.
We take the following measures to protect your financial information:
1.9. We keep your financial information encrypted on our servers.
1.10. We do not keep all your data in any one place, so as to prevent the possibility of our duplicating a transaction without a new instruction from you.
1.11. Access to your information is restricted to authorised staff only.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Third party advertising
Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.
Content you provide to us with a view to be used by third party
If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used.
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.
1.13. to allow essential parts of our web site to operate for you;
1.14. to operate our content management system;
1.15. to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser;
1.16. to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser;
1.17. to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited;
1.18. to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser;
1.19. to record your activity during a web cast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for [three] months, when it will delete automatically;
1.20. to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for  days;
1.21. to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
Calling our locations
When you call our locations, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our services.
Sending a message to our locations
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our organisation.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by clicking on the unsubscribe link at the bottom of any marketing email you get from us`.
We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on your website in order to be able to serve to you an advert for our products / services when you visit some other website.
This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.
Use of site by children
We do not market to children, nor do we sell products or services for purchase by children. We do sell products and services for end use by children, but for purchase by adults. If you are under 18, you may use our site only with consent from a parent or guardian.
Disclosure to Government and their agencies
We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
Compliance with the law
This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
Review or update personally identifiable information
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Data may be “processed” outside Australia
Our web sites are hosted in Australia. We also use outsourced services in countries outside Australia from time to time in other aspects of our business. Accordingly data obtained within Australia may be “processed” outside Australia and data obtained in any other country may be processed within or outside that country.
1.22. If you have a complaint about how we are collected or handled your personal information, please contact us. We will endeavour in the first instance to deal with your complaint and take action to resolve the matter.
1.23. If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.
1.24. We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
1.25. If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner.
How you can contact us
Sending a letter to us at:
Attn: Privacy Officer
336A Parramatta Road
Burwood NSW 2134
OAIC contact details:
Officer of the Australian Information Commissioner (OAIC)
336A Parramatta Road, Burwood (Sydney) NSW 2134
Tel: +61 2 8011 3463
Fax: +61 2 8212 8166
ABN: 48 152 390 951