Epic Snow tours Booking Conditions
It is important that you take time to read and understand the Booking Conditions set out below prior to booking a trip with Epic Snow Co.
1. BOOKING CONTRACT
Bookings are made directly with Epic Snow Co Pty Ltd. (“Epic Snow Co/Us”) By booking a trip with Epic Snow Co you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by US on this basis of the booking conditions. The services to be provided are those referred to in your Booking Confirmation Invoice.
2. ENTIRE AGREEMENT
Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.
Prices, dates and tour availability as set out in the Itinerary are indicative only. Epic Snow Co reserves the right to change the tour details in the Itinerary without notice.”
You are required to pay a non-refundable deposit (“deposit”) of the lesser of 10% of the tour price or what is specified per person, Ie: $99.00 deposit per tour for your booking to be confirmed and your place on the tour reserved. If your booking is made within 40 days of departure date, then the full amount of the booking is required to reserve your place on the tour.
By paying the deposit, the customer agrees to be bound by these Booking Conditions.
4.2. LIFETIME DEPOSIT
- Lifetime Deposit applies to deposits only.
- If you have a Lifetime deposit already you must use it on your next Epic Snow booking.
- If the new tour you want to book needs a larger deposit than the original tour the Lifetime Deposit was for, then you will be required to pay the difference to secure your booking.
- Deposits are non-refundable but can be used on future tours through the Lifetime Deposit scheme
- If the value of the Lifetime Deposit exceeds the total value of the per person price of the new tour, there will be no credit or refund of the difference.
You can also transfer your Lifetime Deposit to a family member or friend. Just let us know that you will be transferring it to a family member or friend before the 60 day tour commencement cut off and your family member or friend is good to go once they have booked on tour. You can also gift a Lifetime Deposit for anyone who might like to join the group on an Epic Snow tour to any of our destinations. Get in touch with us and we will organise a gift deposit for you.
To be eligible for the Lifetime deposit you must have booked and paid the deposit before the tour commencement cut off of 60 days.
To cancel a booking and to get the Lifetime deposit simply get in touch with us before the 60 day tour commencement cut off and your deposit will be good forever, whether you use it for the same tour or a different Epic Snow trip.
If you cancel within the 60 day window the deposit is non-refundable and no Lifetime Deposit is available.
5. BALANCE OF PAYMENT
The remaining balance of the tour booking is to be paid to Epic Snow Co. no later than 30 days prior to the confirmed tour departure date. Failure to pay in full by the due date may result in additional costs which will be passed on as a late payment fee of no less than $50 per booking and or/cancellation of the Booking. Epic Snow Co reserves the right to request partial payment of the final balance up to 60 days prior to departure. Payments by credit card may incur a fee. If this balance is not paid on or before the due date Epic Snow Co reserves the right to cancel your Booking. Amounts and frequency of payments on payment plans are up to the discretion of the customer however the full and total amount owing is to be paid in full by the due date specified on the booking confirmation form with no exceptions. All payment plan payments are to use booking confirmation number as reference and to have a copy of the payment emailed email@example.com once payment has cleared figures will be deducted from booking confirmation page.
6. LATE BOOKINGS
Bookings made less than 40 days prior to the departure date will incur a late booking fee of no less than $50.00 per person per booking at the discretion of Epic Snow Co Pty Ltd, which is payable along with final payment (see: 5. Balance of Payment). Payment must be made in full within 3 days after Epic Snow Co confirms your place on the tour. Bookings made less than 20 days prior to departure will incur an an additional $30.00 fee at the discretion of Epic Snow Co Pty Ltdwhich must be paid along with the full final payment at time of booking.
7. ADDITIONAL FEES
All fees and charges are outlined in the tour Itinerary you receive after final payment is made. Any additional purchases and activities on tour are at the client’s cost.
8. CANCELLATION BY YOU
If you cancel some or all of your booking a cancellation fee will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
·60 days or more prior to departure, we will retain the deposit;
·Between 31 and 59 days prior to departure, we will retain the deposit or 50% of the total booking cost whichever is greater and
·30 days or less prior to departure, we will retain 100% paid by you in connection with the booking.
·In the event of a no show on tour Epic Snow Co will retain 100% of total tour cost.
Please note that for certain tour and travel arrangements the cancellation charge may be higher. In certain cases a 100% cancellation fee applies as soon as the booking is made and the tour ticket is issued. You will be advised of different cancellation charges at time of booking. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for services not used. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by third parties, including but not limited to accommodation providers, tour agents, lift tickets or third party tour and transport operator fees.
9. CANCELLATION BY EPIC SNOW CO.
Epic Snow Co reserves the right to cancel or vary any tour prior to departure due to insufficient numbers at any time up to 60 days before departure. Epic Snow Co may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary of the tour. If we cancel your trip, you can transfer amounts paid to an alternate departure date and tour or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. Epic Snow Co is not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance and/or insurance excess goods or non-refundable flights.
10. BOOKING AMENDMENTS
If you wish to transfer from one tour to another you must notify us at least 40 days prior to the proposed departure date. A fee of $100per person per change will apply (in addition to any charges levied by hotels, passes or ground operators). If you notify us less than 40 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Amendments to any other arrangements made in conjunction with your tour will incur a $100 administration fee per booking per person. This fee is in addition to any charges by third parties/including but not limited too hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.
11. PRICES AND SURCHARGES
Our tour prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same tour may have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote, the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on currency exchange rates as of June 30th. We reserve the right to impose surcharges up to 60 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this AGREEMENT once paid in full. Air Passenger Duty is included in the price of your Tour. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking. Please note that a levy of up to 2.35% may be applied to all purchases made by credit card. Early bird specials are for the time frame out lined in the advertisement and not after time limit has expired.
12. REFUSAL OF CARRIAGE
Epic Snow Co retains the right to remove clients from our tours for reasons that impact on the enjoyment or safety of other tour guests, such as, including, but not limited to, the physical, medical or mental inability of customers to undertake or participate in all aspects of the tour, failure to possess documentation required by law, unsocial or unruly behaviour, or the carriage of prohibited substances and materials.
13. TRAVEL INSURANCE
Due to the nature of the activity that Epic Snow Co partakes in, Travel Insurance is compulsory for all guests on the tour. Travel Insurance is to be acquired by customer at time of booking purchase with policy to be provided to Epic Snow Co. Tours before departure. Epic Snow Co is not liable for any additional costs incurred by the customer on any tour or activity. including but not limited to the cost of medical services and transfers, lost or stolen items, lodging police reports, and fees charged by third parties including hotels, transportation, and lift passes
14. TRAVEL DOCUMENTS
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during the tour. Your passport must be valid for 6 months beyond the duration of the tour finishing. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. Please refer to the tour itinerary for details. Epic Snow Co is not responsible if you are refused entry to a country or are required to leave a country.
15. HEALTH REQUIREMENTS
All tour guests are required to familiarise themselves with any health requirements specific to the countries being visited on Epic Snow Co. Tour guests must ensure that they are suitably fit to allow full participation in the tour. Epic Snow Co are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and are either not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
16. ADDITIONAL TRAVEL ADVICE
We recommend that you review information provided by the Australian Department of Foreign Affairs and Trade prior to making your booking by calling 1300 555 135 or by visiting their website www.dfat.gov.au for the latest information. For customers in other jurisdictions we recommend obtaining information from the appropriate government department or travel service. We strongly recommend that you familiarize yourself with the latest Government Consular advice and information. Different countries have different laws so therefore it is highly recommended that where seat belts are provided that they be worn at all times and you remain seated. As such clients acknowledge that seat belts may not be available and therefore travel at their own risk. Clients warrant that they shall not make any claim howsoever arising for injury or damage in respect of, arising from or contributed to by the absence of seat belts and hereby release Epic SnowCo from all such claims.
17. SINGLE TRAVELLERS
Single travellers on group tours are required to adopt a ‘willing to share’ basis. Epic Snow Co Tours will endeavour to match a single traveller with another suitable single traveller or a suitable share room with a group. In the event that we are unable to confirm a share partner or group, you will be issued with a single room.
Epic Snow Co isn’t like your normal tour we are flexible with only a few time constraints, with the rest of the time completely up to you at your own leisure. You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternative arrangements and plans. The itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or other events.
19.CHANGES TO ITINERARY
While Epic Snow Co endeavours to operate all tours as described, we reserve the right to change the tour itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a major change Epic Snow Co will inform you as soon as reasonably practicable if there is time before departure. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
20. YOUR RESPONSIBILITY
Epic Snow Co tours are run by a tour leader with additional guides as needed. The decision of the tour leader is final on all matters likely to affect the safety or well-being of any person participating in the tour. If you fail to comply with a decision made by a tour leader, or interfere with the well-being or mobility of the group, the Tour leader may direct you to leave the tour immediately, with no right of refund. We may also elect not to carry you on any future tours booked by you or anybody else. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
21. ACCEPTANCE OF RISK & LIMITATION OF LIABILITY
You the client acknowledge that the nature of the trip is an adventurous snow and culture tour and participation involves a degree of personal risk. You will be visiting snow resorts and locations where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is also your own responsibility to acquaint yourself with all possible relevant travel information and the details of your itinerary. It is your responsibility to have prior knowledge of the snow industry and the alpine code. You acknowledge that your decision to travel is made in light of consideration of the information contained in this Agreement and you accept that you are aware of the personal risks attendant upon such travel. Epic Snow Co contracts with a network of companies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties. To the fullest extent permitted by law:
·any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
·you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
· any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
You agree to indemnify Epic Snow Co against any claim for damage, injury or loss caused to or incurred by any person arising out of your negligent acts or omissions or breach of contract.
23. OPTIONAL ACTIVITIES
Optional activities not included in the tour price do not form part of the tour or this contract. You accept that any assistance given by your tour leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be have privity and as such is between you and activity provider.
24. MARKETING AND PHOTOS
You consent to us using images of you taken during the trip by us or our associates for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
Terms of Service
TERMS AND CONDITIONS OF USE
As consideration for allowing you the user (User / You) to view, visit and/or use our website, located at the url, www.epicsnow.co (Site), or any other website owned by Epic Snow Co, Users agree to the following terms and conditions of use (Terms and Conditions).
These Terms and Conditions apply to any and all Users of the Site.
The Site is operated by Epic Snow Co – described as We / Our / Us – and provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
By viewing the Content, using the Facilities on the Site or creating a User Account, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them.
If Users do not agree to these Terms and Conditions, please leave this Site immediately.
These Terms and Conditions constitute a binding agreement between You and Epic Snow Co, its agents, subsidiaries, affiliates, successor entities and / or assigned entities.
You are authorised to use this Site if You agree to abide by all applicable laws and to these Terms and Conditions.
Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
designated Agent means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Site.
Facilities means any feature that appears on the Site for Users to use. Member Account means an account created by a User for the purposes of accessing the Sites enhanced Content and Facilities.
Unless otherwise indicated, We reserve all copyright in the Content and design of the Site. We own all such copyright or provide it to Users it under the terms of a limited licence embodied in these Terms and Conditions each time You visit the Site.
Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act).
Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
USE OF MEMBER ACCOUNT
Member Account and Password
Users agree to keep any passwords provided by the Site confidential. Users are expressly prohibited from sharing their account details with third parties.
You must provide true, current, accurate and complete information about yourself when creating an account.
By registering with Epic Snow Co, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using this Site.
Termination of Member Account
We reserve the right to limit, cancel, suspend or terminate a Member Account without notice to the User and without providing a reason if We believe the User is breaching any of these Terms and Conditions or relevant laws or are of the opinion that Your use of the Member Account may be a breach of a third party’s intellectual property rights.
Users Agree not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account.
PROHIBITIONS ON USE OF SITE
This Site and the information and facilities contained herein must not be used in any manner that infringes Our rights. Users must not:
data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
frame or mirror our Site;
tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
transmit any virus, worm or other disabling feature to or via our Site;
access, monitor or copy any Content of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose.
abuse, defame, harass, stalk, threaten or otherwise violate our or another User’s legal rights;
advertise or offer to conduct or forward surveys, contests, or chain letters from our Site or the domain;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User;
use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
Take down procedure
We take all reasonable steps to be aware of Content published by Users on the Site. We commit to remove all material as soon as practical after we are notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.
To notify us of a claimed infringement of Copyright please send a notification to firstname.lastname@example.org that includes the following information:
the alleged material in which copyright is claimed and its location on our Site;
information about the complaining party (Complainant) including for example:
telephone number (land line and mobile);
An electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing material;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Users acknowledge and agree that if we receive a notice of a claim of copyright infringement, We may immediately remove the material from our Site without further notice.
To notify us of material that you believe should be removed from the Site other than because of alleged Copyright, please send an email to email@example.com
PROVISION OF SERVICE
We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
We may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.
We may make improvements and or changes to Site and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site including without limitation all text, graphics, images, photos, video, computer code, software, scripts, multimedia files, trademarks, features and logos are owned by or licensed to Epic Snow Co and are subject to copyright and other intellectual property rights under Australian laws and international conventions.
Epic Snow Co reserves all rights not expressly granted in and to the Site and the Content contained therein.
If You download, print or otherwise deal with any Content, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content to enforce limitations on the use of the Site or the Content.
DISCLAIMER & LIMITATION OF LIABILITY
No duty of care
Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
We make the Site available for Users to use, however we do not assume a duty of care to Users. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
Disclaimer of warranties Users expressly acknowledge and agree that, to the maximum extent permitted by law:
their use of our Site is at their sole risk. The service is provided on an “as is” and “as available” basis. Epic Snow Co and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Epic SnowCo makes no warranty that:
the Content will meet Users requirements;
the information contained in the Content is accurate or reliable;
the Content will be uninterrupted, timely, secure or error-free;
the quality the Content, or other material obtained by Users through the will meet your expectations; and
any errors will be corrected;
any Content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content; and
no advice or information, whether oral or written, obtained by you from Epic Snow Co or through or from the Content creates any warranty not expressly stated herein;
Limitation of liability
Except for certain statutory warranties under consumer protection laws We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or your use of the Content on this Site.
Subject to any claims available under consumer protection laws, Epic Snow Co, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
any inaccurate or incorrect information provided on the Site;
Users use of the Content;
any failure or delay including, but not limited to, the use or inability to use any of the Content;
any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;
the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;
any unauthorised access to or alteration of your Account information;
For claims that cannot be excluded or restricted under consumer protection laws, the liability of Epic Snow Co for such a claim will (at Epic Snow Co’s option and to the extent permitted by law) be limited to:
in the case of goods:
1. repairing or replacing those goods; or
2. paying the cost of having those goods repaired or replaced; and
if the breach relates to Content:
1. resupplying those or equivalent Content; or
2. paying the cost of having those Content resupplied.
Links to third party Sites
We do not represent that the Content on other websites to which our Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
By inadvertently linking to infringing third party content, We are not authorising infringement of any intellectual property rights contained on those websites. Please contact us at firstname.lastname@example.org to notify us of any links you allege are infringements.
Epic Snow Co does not assume responsibility for any information, material, or content posted by Users.
The comments, suggestions, opinions, ideas and /or contributions made by Users are not endorsed by Epic Snow Co, and we make no guarantee regarding the reliability, accuracy, nature, origin or quality of any User submissions. You acknowledge that You will evaluate and bear any risks related to Your use of any User submission, including any reliance on the accuracy, completeness or usefulness of such User submission.
You retain all of Your ownership rights in Your User submissions, however by submitting the User submissions to Epic Snow Co, You hereby grant Epic Snow Co a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and licence to use, reproduce, distribute, prepare derivative works of, display and perform the User submission in connection with the Site and Epic Snow’s business, including without limitation for promoting, displaying, and redistributing part or all of the Site and derivative works thereof in any media now known or hereafter developed. You waive any “moral rights” you may have in the design.
Epic Snow Co reserves its rights to remove Content and User submissions at its sole discretion and without prior notice or recourse.
You hereby warrant and assure Epic Snow Co that:
any User submission is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
The design or post does not infringe any rights (including but not limited to copyright) of any third party.
You also grant Epic Snow Co a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by Epic Snow Co to others.
Epic Snow Co may terminate the non-exclusive licenses by providing written notice to you, at the email address provided by you, of Epic Snow Co’ election to terminate a Non-Exclusive License. Upon such notice, the Non-Exclusive Licenses shall terminate; provided, however, Epic Snow Co and any sub-licensees and wholesale parties that sell the design under Epic Snow Co’ authorisation, may, at their discretion, sell through any items in their possession bearing the design and advertise and promote the same, until such time as the inventory of such products is exhausted.
You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from Epic Snow Co, its subsidiaries, related companies, partners, or licensors.
You agree to defend, indemnify and hold harmless Epic Snow Co, including Epic Snow Co’ sub-licensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable legal fees and court costs) arising out of or relating to an Indemnified Party’s use of the design (including reproducing, distributing, adapting, and displaying the design).
Access to the Site outside the Jurisdiction
No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia. If Users access the Site from outside Australia, You do so at your own risk.
If Users utilise any of the Facilities on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any included attestation.
We may be the owner of several common law (or where indicated), registered trademarks which appear on the Site. Unauthorised use of these trademarks will infringe our intellectual property rights. If You have infringed our rights in this regard we reserve our right to take action against You.
Changes to Terms and Conditions
We may change the Terms and Conditions at our discretion by providing notice on our Site. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
By using the Site, Users indemnify Us and our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that We may incur or suffer as a direct or indirect result of:
a breach of these Terms and Conditions of Use;
an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Site;
any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
Governing law and jurisdiction
The laws of Queensland and Australia govern this Agreement. The User submits to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If We do not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.