Please read these Conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us, at our sole discretion from time to time. Therefore, you must frequently view or review these Terms.
If you have any questions or concerns regarding the conditions, or website, or purchases you make please don’t hesitate to get in contact with us prior to proceeding further.
By providing us with any order, instructions or by proceeding with a purchase on our website, you are confirming and agreeing that you have read, understood, accept and agreed to these Conditions.
Gumaraa’s online ‘Shop’
While we take every precaution to make sure our advice, programs, workshops or services (our ‘Services’) or any items for sale on our website, including the online store, is accurate and up to date as is reasonably possible, mistakes may occur (for example, a pricing error or stock availability issue).
Accordingly, you hereby agree to waive any and all rights of claims or loss regarding any error or inaccuracy, except prescribed by the Australian Consumer law (‘ACL’).
Please note that when you submit any order though our website, no agreement is formed until we process and accept your order and send you a confirmation of same.
If there’s been an error leading to your order (such as pricing or stock error), we may choose not to fulfil the order, but we will be sure to contact you to discuss your options (for example, placing and order at the correct price, delaying your order or exchanging your item for another) If we can’t or won’t fulfil your order, we’ll process a full refund as soon as practicable.
Booking and purchasing (‘Experience’s’, ‘Programs’, ‘Workshops’)
To make a booking for any of our Services, you hereby confirm that you are at least eighteen (18) years of age and possess the legal right and ability to enter into a legally binding agreement with us. If you are under the legal age of eighteen (18) (minor) you must have your parent or legal guardian read and accept these Conditions before you proceed further.
If you are a parent or guardian permitting a person under the age of 18 to use our website, you must:
- Supervise over the minor’s use of our website and bookings or purchases made with us.
- Agree to all risks associated with the minor’s use of purchases and bookings made with us, including any information transferred to and from third parties via our website and or email.
- Ensure that the content and information that the minor may encounter on our website is suitable for the minor.
- Assume liabilities resulting from the minor’s use of our website and bookings made with us.
- Ensure accuracy of all information submitted by the minor and provide the consent contained in these Conditions.
We may ask that you confirm you have your parent or guardians’ permission and that they have agreed to these Conditions on your behalf. If we do not ask you to confirm so, we will assume this is the case and will provide access to products and services and allow you to make bookings with us.
Making and accepting a booking
When making a booking for any Services you must follow the instructions on our website as to how to make your booking and for making changes to your booking before you submit it to us.
You should carefully review the description of any Experience, Program, or Workshop to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, or other requirements which has been specified in the Experience, Program, or Workshop. You are responsible for identifying and complying with all laws, rules and regulations that apply to your participation with our Experience, Program or Workshop.
Accepting a booking
Once a booking has been confirmed, a 50% deposit with a 10% non-refundable booking fee must be paid by you immediately for the booking to be secured, the total amount for the Experience, Program, or Workshop must be paid by completion of the Experience, Program, or Workshop purchased.
We reserve the right to engage in collection efforts if we are unable to collect any amounts you owe under these Conditions; and you must pay, on a full indemnity basis, any costs incurred by us to recover or collect our fees for any Services from you plus interest on unpaid services calculated pursuant to the Uniform Civil Procedure Rules of NSW.
Changes to bookings
If you wish to make changes to your booking, please contact us. However, we will not guarantee we will be able to change you booking in accordance with your instructions. If any additional charges occur with changing your booking you agree to pay said charges.
We will not accept any changes to bookings within 48 hours of commencement for the Experience, Program, or Workshop.
If you wish to change the date of your Experience, Program, or Workshop there will be no additional fee imposed (subject to date availability).
Customer cancellation of bookings
You may cancel a confirmed booking only pursuant to these Conditions or if we are satisfied at our sole discretion, that there are extenuating circumstances which require the booking to be cancelled. If we consent to the cancellation we may, at our sole discretion, issue a full or partial refund for the Experience, Program, or Workshop minus the 10% non-refundable booking fee.
Gumaraa cancellation of bookings
We may in our sole discretion cancel a confirmed booking for any reason; and if we do so we will provide you with as much notice as may be reasonably possible. If that cancellation occurs you hereby agree to waive any and all rights of claims or loss regarding any cancellation, except prescribed by the ACL.
Unless otherwise stated all charges will be in Australian dollars (AUD) plus any Goods or services tax (GST) and any postage or delivery costs. We currently accept payment by credit card, and PayPal.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor, or credit provided (such as PayPal) Which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our website for convenience only. We’re not responsible for any issues, loss, or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relations to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time, and such notice is given by us posting the updated price on our website.
If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you will be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
Purchasing Gumaraa Products
You agree to pay us the purchase price listed on the website (subject of course, in the case of accidental errors and omissions).
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately.
Purchasing Experiences, Programs, Workshops)
By agreeing to these Conditions when purchasing an Experience, Program, or Workshop, you agree to pay the %50 up front booking secure payment with a %10 non-refundable booking fee included.
Discounts and specials
We may offer discounts or specials from time to time. Discount and specials are available on full priced goods only.
Discounts and specials are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or special to a purchase, not both).
Unless we specify otherwise, discounts and specials are available for the stated time, or until stock lasts (whichever occurs first). We reserve the right to revoke any discount offer or special at any time without notice.
Unless those vouchers are expressed to be subject to other Conditions, these conditions apply.
We sell gift vouchers on our website. The gift voucher will be obtained via email, posted to you, or picked up in store, and may be redeemed on Gumaraa website or in store depending on the type of gift voucher E.g., Clothing Voucher, Experience, Program and/or Workshop vouchers.
It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.
Vouchers are redeemable for products or services sold by us only and can’t be refunded, redeemed for cash, or applied toward any special, promotion or discounted offer.
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
- The voucher is able to be reloaded or topped up
- It has been donated for promotion purposes
- It is available only for a specified period
- It had been supplied at a genuine discount
- It is part of an employee reward scheme
- It is part of a customer loyalty program
- It is part of a temporary marketing promotion
In which case the voucher can be redeemed for twelve (12) months from the date of purchase, or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Postage and Delivery
We post products within Australia only. We use a third-party delivery service provider to help us get our products to you.
We will not be held responsible for any theft or damage if you provide authority to leave your parcel at an unattended address. All risk in the parcel will become your sole risk upon dispatch from us and until or upon delivery and we will not offer a replacement or refund for any loss or damage as a result of selecting to leave your parcel without a signature.
You agree to pay us postage fees as stated and calculated at checkout on our website.
If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fee on the website.
We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.
We ask for your patience as the handling period may vary, for example, if we have a high volume of orders.
Delivery dates and periods are not binding unless an express agreement has been made otherwise in writing.
We will not be held responsible for delays in the delivery of goods and services as a result of force majeure and events which make it much more difficult or impossible for us to supply for example (strike, lock-out, official instructions etc.) even if we have agreed binding delivery dates and periods
Gumaraa owns and operates this website, including any or all intellectual property rights what so ever and includes all and any images, designs, art, words, expressions, impressions or scripts, and we reserve the right to reject any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intent to resell some of, or all of the products specified in your order as part of a commercial business. You may only purchase orders from Gumaraa for private and domestic purposes.
We expressly prohibit purchases for resale and /or reselling any Gumaraa product as part of any business (including any on-line business) unless agreed in writing by Gumaraa’s directors.
You must not and never reproduce any of our goods or services, content or intellectual property, for your own use or benefit without our prior express consent, such at our sole discretion.
Gumaraa is highly committed to protecting the privacy of all our participants information. The information we collect is used to facilitate experiences that we provide to you. We value your privacy and will take all necessary steps to protect it.
At Gumaraa we collect personal data through our application process. We will not disclose personal information to a third party without the individual’s consent; or unless that disclosure is required or authorised by or under law. Under no circumstances will Gumaraa sell or receive payment for licensing or disclosing personal information about employees or our participants.
You hereby agree that Gumaraa may use your personal details to forward you information by our email marketing or to contact you by telephone or mail.
If you have any queries about our privacy policies or if you would like to unsubscribe from our mailing/marketing lists at any time, please contact us directly at email@example.com
Gumaraa Aboriginal Experience Pty Ltd (‘Gumaraa’ or ‘We’ or ‘Us’ or ‘Our’) hereby reserve all rights and privilege in relation to the program, material and contents of these documents and artworks in part or in whole (‘Our Material’).
No part of Our Material may be reproduced in part or in whole without the prior written express consent from the copyright holders Gumaraa Aboriginal Experience Pty Ltd.
All and any rights, ownership and opportunity to Our Material is hereby reserved and for Our sole benefit including but not limited to all rights it holds in relation to and she went to the Copyright Act 1968 (CTH).
We do not accept any responsibility whatsoever for any damage, directly or indirectly, or loss of freelance materials submitted for reproduction in relation to this material or artwork.
The information contained in Our Material are true and correct to the best of our knowledge and beliefs, all recommendations are made without any guarantee on the part of Gumaraa.
Indigenous Cultural and Intellectual Property (ICIP)
Our ‘Shop’ and content incorporate ICIP, which belongs to the Aboriginal and Torres strait Islander traditional owners or custodians of that ICIP. You will agree that ownership of any ICIP will always remain with the traditional owners or custodians of that ICIP.
You will agree to not use the ICIP for any purpose without prior written consent. And to respect the ICIP rights of the traditional owners or custodians of that ICIP and will comply with any relevant cultural protocols from Gumaraa e.g. (Welcome to country, smoking ceremony, didgeridoo performance)
You will ensure that the traditional owners or custodians will continue to be acknowledged as owners of any ICIP incorporated in Gumaraa website.
Provided that there is nothing stated otherwise in these Conditions, Gumaraa makes no representations or warranties of any kind, express or implied as to our Services, the website content, the operation of our site or the information, content, materials, or products included on our sites, expect as otherwise provided under ACL.
By continuing to access our sites you agree that your access to, and use of them, is subject to these Conditions and all applicable laws and is at your own risk.
Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free.
You hereby release and forever discharge us from all or any direct loss, indirect loss, consequential loss, damages, costs, including any proportionate liability at all.
These Conditions are governed by the laws of Australia in accordance with the state of New South Wales and you submit to the jurisdiction of the courts of NSW.
If at any time of the provisions set forth in these Conditions are found to be inconsistent or invalid applicable laws, those provisions will be deemed void and will be removed from these Conditions. All other provisions will not be affected by the removal and the rest of these Conditions will still be considered valid.
Changes to these Conditions
These Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our site and the way we expect users to behave on our site. We will notify users by updating our site.
Any single or partial exercise of any right relating to these Conditions will not prevent any other exercise of our rights.
If there are any questions or concerns, our contact details are as follows: