1. Introduction

Welcome to Australian Sky. These Terms of Service ("Terms") govern your use of our website, located at australiansky.com.au (the "Site"), and the astronomy tour services we provide ("Services"). By accessing or using our Site or Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Site or use our Services.

2. Use of Our Services

Our Services are designed to provide astronomy tours and experiences in Australia. You may use our Services only as permitted by these Terms and any applicable laws or regulations. Our Services may change from time to time without prior notice.

2.1 Account Registration

Some portions of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.

2.2 Age Restrictions

Our Services are available only to individuals who are at least 18 years old or are accessing the Site under the supervision of a parent or legal guardian. If you are under 18, you may use our Services only with the involvement of a parent or guardian.

3. Booking and Cancellation

When booking our astronomy tours or services, you agree to provide accurate and complete information. Bookings are subject to availability and confirmation. Payment terms and cancellation policies vary depending on the specific tour or service and will be clearly communicated during the booking process.

3.1 Cancellation by Customer

Cancellation policies will be specified at the time of booking. Generally, cancellations made more than 30 days before the scheduled tour date will receive a full refund minus an administrative fee. Cancellations made between 14-30 days prior to the scheduled tour date will receive a 50% refund. Cancellations made less than 14 days prior to the scheduled tour date are non-refundable.

3.2 Cancellation by Australian Sky

We reserve the right to cancel tours due to weather conditions, insufficient participants, or other unforeseen circumstances. In such cases, you will be offered a full refund or the option to reschedule for a later date. Australian Sky is not responsible for any incidental expenses or consequential losses incurred by customers as a result of cancellations.

4. User Content

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Australian Sky and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Australian Sky.

6. Safety and Conduct

Astronomy tours take place in outdoor, sometimes remote locations and at night. Participants must follow all safety instructions provided by tour guides. Australian Sky reserves the right to refuse service to anyone who is under the influence of alcohol or drugs, or who behaves in a manner that is dangerous, inappropriate, or diminishes the enjoyment of other participants.

7. Limitation Of Liability

In no event shall Australian Sky, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Australian Sky does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Contact Us

If you have any questions about these Terms, please contact us at [email protected] or through our contact form on the website.

Last updated: January 15, 2025