PARTICIPATION REQUIREMENTS • MUST be able to swim • 6yrs – 12yrs child age Swim with Turtles & Whale watching. under the age of 18 must be accompanied by a parent/guardian • Not suitable for pregnant woman or anyone with a back injury. • Sense of adventure! COOLY ECO ADVENTURES –– TERMS AND CONDITIONS These terms and conditions set out the terms of the agreement between you and Cooly Eco Adventures. By purchasing and participating in one of our tours, you agree to be bound by these Terms and Conditions (Terms). In these Terms: “Cooly Eco Adventures” means LTA Investments Pty Ltd ACN 632 301 896 as trustee of the LTA Trust and trading as Cooly Eco Adventures ABN 71 705 693 549 of Queensland, Australia; “us”, “our” or “we” means Cooly Eco Adventures; “You” means anyone who books a tour with us either for themself or other persons including minors; and “website” means ‘www.coolyecoadventures.com.au’ owned and operated by Cooly Eco Adventures. Part A – Terms & Conditions of our Tours 1. Our tours Our tours include: • Snorkelling tour • Swimming with whales tour • Whale watching tour 2. Your obligations All tours 2.1. For all tours, you warrant and confirm to us that: (a) you are not suffering or have previously suffered from any medical conditions (including any condition that results in seizures, dizziness, fainting or respiratory difficulties) that may prevent your participation and enjoyment of your tour; (b) you are not under the influence of drugs or alcohol whilst participating on tour; and (c) you are not taking any medication that carries a warning about any impairment of your physical or mental abilities and that any medication that you do take has been previously approved by an appropriate medical practitioner to enable you to participate in our tours. 2.2. You acknowledge and agree that if requested by us: (a) prior to participating in your booked tour, you shall (and shall cause all persons forming part of your booking with us) to complete and sign an Acknowledgement and Waiver Form, the terms of which shall be substantially similar to the terms as set out under Part A and Part C of these Terms; and (b) to pay us for the cost of repairing or replacing any damaged or lost equipment where such damage or loss was caused by you during the tour. Snorkelling tours 2.3. You acknowledge and agree that: (a) Swimming and snorkelling in the ocean present inherent risks which may result in serious injury or death; (b) you are not suffering from a cold, sinus congestion or the like or an ear infection; (c) you will not touch or attempt to touch any wildlife; (d) weight belts or flash photography are not permitted at any time; (e) you will inspect all equipment for correct function and serviceability including any equipment supplied by you; (f) you will follow the instructions and directions given by us or any member of crew and will listen to all safety briefings. You will seek advice from us if you or any member of your booking (including minors) do not understand any instruction or direction provided; and (g) if you are in breach of these Terms, you will (if requested by us) immediately return to the vessel, return all equipment and stay on the vessel for the remainder of the tour. 2.4. You warrant and confirm to us that: (a) you are competent swimmer and able to swim in open ocean conditions; and (b) you are not suffering from a cold, sinus congestion or the like or an ear infection at the time of participating on the tour. Swimming with Whales Tours 2.5. You acknowledge and agree that: (a) there is no guarantee that you will swim with whales or dolphins during the tour; (b) swimming, snorkelling or diving in the ocean present inherent risks which may result in serious injury or death; (c) you will not touch or attempt to touch a whale or dolphin or any other sea wildlife; (d) you will not duck dive below the surface of the sea for any reason; (e) weight belts or flash photography are not permitted at any time; (f) you will inspect all equipment for correct function and serviceability including any equipment supplied by you; (g) you will follow the instructions and directions given by us or any member of crew and will listen to all safety briefings. You will seek advice from us if you or any member of your booking (including minors) do not understand any instruction or direction given to you; and (h) if you are in breach of these Terms, you will (if requested by us) immediately return to the vessel, return all equipment and stay on the vessel for the remainder of the tour. 2.6. You warrant and confirm to us that: (a) you are a competent strong swimmer and able to swim unassisted in open ocean conditions without the need of any buoyancy aid; and (b) you are not suffering from a cold, sinus congestion or the like or an ear infection at the time of participating on the tour. 3. Participation by minors – guarantee 3.1. For the purposes of these Terms, a “minor” is any person under the age of 18. 3.2. You acknowledge and agree that if you have booked a minor or minors to participate in any tour, you will explain fully to that minor(s) their obligations under these Terms and guarantee that minor (s) will fulfil their obligations under these Terms. 3.3. Minors must always be accompanied and supervised by you or a responsible adult appointed by you. 3.4. The following tours have minimum age restrictions: • Snorkelling tour and whale watching tours – minimum age of 6 years • Swimming with whales tour – minimum age of 15 years 4. Booking and Payment 4.1. On booking a tour with us through our website, you are require to pay the full amount. 4.2. Prices shown on the website are in Australian dollars and include GST where applicable. Prices are subject to change. 4.3. All payments must be received by us in full prior to participating in a tour. 4.4. We may use third party payment providers, depending on the way in which you make your payment and you accept that any payments you make through them are subject to their terms & conditions. 5. Rescheduling of Tours and Cancellations 5.1. All tours are subject to change or cancellation depending on the tide, wind, weather conditions or unforeseen circumstances. 5.2. In the event we have cancelled or rescheduled a tour, we will offer to you an alternative tour date and time. 5.3. If we are unable to operate a tour for any reason, we will notify you by telephone or email as soon as possible. 5.4. You may change the date of your tour provided you give us notice at least 48 hours prior to the scheduled tour date and time (“Original Tour Date”), to a date within 3 months of the Original Tour Date. 5.5. In the unlikely event you do not see any whales on our swimming with whales tour, you may rebook your tour to a date within 12 months of your Original Tour Date free of charge. Any bookings after this date will be treated as a new booking and our payment terms apply. 6. Refunds 6.1. We recommend that you carefully review any proposed bookings before proceeding with booking one of our tours. Refunds are not provided when you have simply changed your mind or made a wrong selection. 6.2. If: (a) you are unable participate in the alternate tour date and time offered to you in accordance with clause 5.2; or (b) if you are unable to participate in an alternate tour date and time within 3 months of your Original Tour Date in accordance with clause 5.4; or (c) if you cancel your booking or wish to change the date of your tour without giving us at least 48 hours notice prior to the scheduled tour date and time, we will provide you with a refund of your deposit within 14 days using the same payment method, less booking fee if applicable; 6.3. No other refunds will be provided for any reason. 7. Photography and Video Footage 7.1. You irrevocably give us a right to take photographs and video of you during your participation on our tour and to use and reproduce any such photographs or video footage for the purposes of advertising, media publicity or publication on our website including any related sites, such as Facebook. 7.2. You warrant that you have obtained the consent and permission from each person forming part of any tour booking made by you and in relation to any minor, you have obtained the consent of their parent, guardian or other legally authorised person. 7.3. You agree to waive any interest you may have in the copyright to any photograph or video now or at any future time and acknowledge that you are not entitled to any remuneration, royalties or other payment from us in respect to the use by us of any photographs or video of you or any person (including minors) booked onto a tour by you. 7.4. You acknowledge and agree that by giving consent, any information published on the internet is accessible to millions of users from all over the world and will be indexed by search engines. It could also be copied and used by any web user, and this could occur without your or our knowledge or permission. This means that once information or an image is published on the internet, we have no control over its subsequent use and disclosure. 7.5. To the extent that your photograph or video could reasonably be used to identify you or another person, that information is personal information and is subject to our Privacy Policy. A copy of our Privacy Policy can be found on our website. 8. Indemnity Without limiting or excluding any rights you may have under any applicable laws, you will at all times indemnify and keep indemnified Cooly Eco Adventures, including its directors, officers, employees and agents (“the Indemnified Parties”), from and against any loss or liability incurred (including legal costs and expenses on a full indemnity basis) suffered by the Indemnified Parties arising from any claim, demand, suit, action or proceeding by you and/or any person through you, where such loss or liability arises out of, or in connection with, any act or omission by the Indemnified Parties and/or any act or omission of you and/or your breach of these Terms. 9. Waiver and Limitation of Liability 9.1. Your participation in any tour is wholly at your own risk. 9.2. You acknowledge and understand that snorkelling and/or swimming in the ocean and/or with wild animals is a dangerous recreational activity pursuant to the Civil Liability Act 2003 (Qld) or the Civil Liability Act 2002 (NSW) that may result in injury or death. 9.3. In no event will Cooly Eco Adventures or its agents or employees or contractors, be liable to you or anyone else for any injury or death or loss including any consequential, special or similar damages, even if Cooly Eco Adventures is advised of the possibility of such damages occurring from your or their participation in a tour. 9.4. In addition and separate to the matters stated in clauses 9.1 to 9.3, in no event will Cooly Eco Adventures or its agents or employees or contractors, be liable: (a) for any physical or mental personal injury (including the aggravation, acceleration or recurrence of such an injury) to you or death as a result from your participation in a tour (or any activity as part of a tour); (b) whether under tort (including negligence), contract or under statute (including under the Australian Consumer Law) including if caused by the negligence of Cooly Eco Adventures or its agents or employees or contractors, unless due to the reckless conduct of Cooly Eco Adventures or its agents or employees or contractors within the meaning of Section 139A of the Competition and Consumer Act 2010 (Cth). Part B – Website Terms of Use 1. Website Information 1.1. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, we reserve the right to correct any errors. We will not be liable for any inaccuracies, errors or omissions in our website content. 1.2. Photographs are for illustrative purposes only. 1.3. We may change or add to this website (including these Terms) or the information and tours without notice. 2. Intellectual Property 2.1. No content may be copied, distributed, transmitted, reproduced, republished, uploaded, modified, archived, sampled, posted in any way, in whole or in part, without the express prior written authorisation of Cooly Eco Adventures. 2.2. You acknowledge that all intellectual property rights including logos, designs, images, trademarks, graphics, distinctive brand features and icons are owned by Cooly Eco Adventures and nothing in these Terms give you a right to use, modify, distribute, store, transmit publish or display any of them. 2.3. You may view this website and its contents for personal and non-commercial use only. 3. Disclaimer 3.1. Cooly Eco Adventures excludes all implied conditions and warranties with respect to this website and its content except to the extent that such an exclusion would contravene any applicable law. 3.2. Cooly Eco Adventures disclaims all responsibility and all liability (including without limitation, liability in negligence) for any expense, damage, cost or loss (including incidental, special or consequential loss) you might incur as a result of your use of this website or its content, including as a result of transmission of a computer virus. Part C – General 1.1. Any provision of these Terms which is void or unenforceable may be severed without affecting the enforceability of other provisions. 1.2. Failure by us to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. 1.3. These Terms will be governed by the laws of Queensland, Australia and you irrevocably submit to the non- exclusive jurisdiction of the Courts of Queensland. Privacy Policy Cooly Eco Adventures cares about your privacy and is committed to processing, storing and treating your personal information with the highest standards of fair information practices. By visiting the Cooly Eco Adventures website, (website) you are accepting and consenting to the practices described in this privacy policy (privacy policy). The purpose of this privacy policy is to set out the type of information that Cooly Eco Adventures will collect and the purposes for which Cooly Eco Adventures will use and/or disclose your personal information, which you provide to us. The information we collect from you allows us to personalise and improve the website experience. We may also use the information to communicate with you. We also use this information to prevent or detect fraud or abuses of the website and enable third parties to carry out technical, logistical or other functions on our behalf. For the purposes of this privacy policy, “Cooly Eco Adventures” means LTA Investments Pty Ltd ACN 632 301 896 as trustee of the LTA Trust and trading as Cooly Eco Adventures ABN 71 705 693 549 of Queensland, Australia. Your personal information For website visitors, personal information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion – such as name, address, phone numbers, company or job description. It may include visual information, such as photographs or video of people. Collection Your personal information will be collected by Cooly Eco Adventures through the website. We will only collect personally identifiable information that you choose to provide. You may choose to provide us with personally identifiable information if, for example, you contact us with a booking, an enquiry, register on the website, fill out a survey or other form with your personal information included or request us to provide you with information. You consent for us to collect, use, disclose and store your personal information for the following purposes: • to conduct our business; • to provide and market our services; • to communicate with you; • to comply with our legal obligations; and • to help us manage and enhance our services. You consent that Cooly Eco Adventures may also disclose your personal information to: • any third parties who assist us in providing services or who perform functions on our behalf (such as mailing houses and specialist consultants); and • anyone else who you authorise us to disclose it to. Personal information collected via the website Every time you visit the website, Cooly Eco Adventures may collect information about you, including: • the date and time of your visit to Cooly Eco Adventures website; • your IP address; • the type of browser and operating system you are using; and • any address of a recurring site and any website you are about to visit. The above information provides Cooly Eco Adventures with details about how the website is used including the frequency and duration of visits, and which web pages you have accessed on the website. The information we collect will not personally identify you. Most commercial websites, including this website use cookies. Cookies are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the website easier by storing information about your preferences on the website. Cookies will not identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the ‘cookie’ function in your web browser you may impede your ability to use parts of the website. Promotions, marketing, e-newsletters We may use information for internal marketing analysis, for example, to assess trends amongst our clients or to measure the amount of traffic to our website. We may also use your personally identifiable information in order to communicate with you. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Legal obligations We may be required by law to disclose information you have provided in the good faith belief that such action is required by law or to comply with the legal process served on us or to protect and defend our rights or property and our interests or the interests of our customers or users of the website or the public. Other businesses we do not control. This website may contain links to other websites outside of our control and which do not operate under this statement. When you click through to these websites, this statement no longer applies. We recommend that you read the privacy policies for all third party websites. You can access your information to correct it if it is wrong You have a right to view and have a copy of, personal information about you that we hold. If you are able to establish that personal information that we hold about you is not accurate, complete and up-to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date. If you wish to exercise your right of access and correction, please contact Cooly Eco Adventures using the details provided below. Consent Providing your personal information to Cooly Eco Adventures is optional. However, if you do not provide your personal information to Cooly Eco Adventures, Cooly Eco Adventures may not be able to provide you with the full suite of services that are provided through the website. We also may not be able to contact you or give you access to information. By providing your personal information you are deemed to have consented to the collection, use, disclosure and storage of that information as outlined in this privacy policy. Management of personal information Cooly Eco Adventures treats breaches of your privacy very seriously and any breach will result in disciplinary action being taken. Cooly Eco Adventures ensures that our management of personal information is in accordance with this privacy policy and where applicable, the Privacy Act 1988. Changes to this privacy policy Cooly Eco Adventures may change this privacy policy at any time. If we change this privacy policy, those changes will be set out here, so that you have immediate access to the changes. If you have any questions in relation to Cooly Eco Adventures commitment to privacy, please contact our Privacy Officer. How to contact us If you wish to contact us about your personal information, to obtain further information or lodge a complaint, you should contact our Privacy Officer at the following email address: info@coolyecoadventures.com.au