Tour Booking Terms and Conditions

If you want to understand more about how it works, the commission rates and process, please read How it Works.

Welcome to MotoRides Australia! We provide a platform where Operators and Customers can connect and transact to book motorcycle tours (Platform) as set out in more detail on our website (Site).

In these Terms, when we say Operator, you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then Operator, you or your means that entity. When we say we, us, or our, we mean Motorides Australia PTY LTD (ACN 685 001 316).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Site) which sets out how we will handle your personal information;
clause 1.6 (Variations) which sets out how we may amend these Terms; and
clause 14 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to our Platform and the Services.

1.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

1.4 Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us.

2. Platform Licence

2.1 You must be at least 18 years old to use our Platform.

2.2 While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms).

2.3 You must not (and you must ensure that your Authorised Users do not):

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(c) introduce any viruses or other malicious software code into our Platform;
(d) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(e) use our Platform to send unsolicited electronic messages;

(f) use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(g) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

3. Platform Summary

3.1 Our Platform is a place where Operators and Customers can find each other, and advertise, buy and sell motorcycle tours (Tours). We only provide our Services (including our Platform) and are not a party to any transaction between Operators and Customers in relation to a Tour (see the “Our Services” section below for more information about the services we provide to you).

3.2 Operators wanting to publish Tours on our Platform must create an Account. Operators must provide an accurate and complete description of the Tour they wish to provide (Tour Listing), including the fees for the Tour.

3.3Customers can browse Tour Listings without an Account. Customers wanting to purchase Tours in a Tour Listing may create an Account and may request to purchase a Tour by sending a request through our Platform.

3.4 All monies paid for the Tour Price by Customers will be held by us in a bank account separate to our day-to-day operational account (as limited payment collection agent for Operators), and will be distributed to Operators (less any amounts to be deducted in accordance with these Terms) within 30 days of the completion date of each Tour. Operators will only be paid the Tour Price where Customers have made payment.

3.5 In consideration for providing our Platform, we will charge a service fee to Operators as set out on our Platform (Service Fee). We will deduct the Service Fee and any third-party payment processing fees from the Tour Price paid by Customers.

3.6 We do not endorse or approve, and are not responsible for, any Tours. We may, at any time (at our sole discretion), remove any Tours or Tour Listings, including where a Tour or Tour Listing: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.

3.7 Communication: Operators and Customers can communicate privately using our private messaging service or outside of the Platform. Operators and Customers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

4. Tour Listings

4.1 By posting a Tour Listing, you confirm that you are legally entitled to and capable of running and supplying the Tour described in the Tour Listing.

4.2 You must provide all the relevant information of the motorcycle tour in the Tour Listing including:

(a)an accurate description of the Tour;
(b)the capacity of the Tour and the number of places available for purchase through the Platform;
(c)price of the Tour including the required deposit, any inclusions such as flights, accommodations or meals (Tour Price);
(d)any discounts or offers available for the Tour such as early bird discounts and the terms and conditions of any discounts and promotional offers;
(e)location of the Tour;
(f)date of the Tour;
(g)all additional terms and conditions of participation in the Tour; and
(h)any other relevant information.

4.3 You must provide us with accurate and up to date information and you acknowledge and agree that any information that you provide to us, including the Tour Listings does not infringe on the rights of a third party (including intellectual property rights).

4.4 You understand that once a Customer has purchased a Tour from us, it is your responsibility to contact the Customer and make all arrangements for the Tour and provide them with all relevant information including any relevant contractual arrangements for participation in the Tour.

4.5 You must have appropriate insurance to cover the Tours that you make available through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Tours you are running. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

4.6 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Tour Listing is available on our Platform, to market, advertise and host your Tours on our Platform for the purpose of making your Tours available to Customers.

5. Our Services

5.1We provide the following services to you:

(a)access to our Platform;

(b)payment collection services;

(c)marketing and advertising of the Tours listed on our Platform; and

(d)access to our troubleshooting support (Support Services),

(collectively, our Services).

5.2 If you require Support Services, you may request these by getting in touch with us through our Platform.

5.3 Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

5.4 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

5.5 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

5.6 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

6. Account

6.1 You must sign up for an Account in order to access and use the Services.

6.2 You may invite Authorised Users to access and use the Services under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using the Services. Any limitations on the number of Authorised Users you can have will be set out in your Account or on the Services.

6.3 While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

(a)keep your information up-to-date (and ensure it remains true, accurate and complete);

(b)keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c)notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

6.4 If you close your Account, you and your Authorised Users will lose access to the Services.

7. Fees

7.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

7.2 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

7.3 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

7.4 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

(a)suspend your access to the Services; and

(b)charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

7.5 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

8. Promotions

8.1 We may from time-to-time offer, and you may choose to purchase, promotional opportunities such as a feature in our email marketing or promoted placement on our Platform (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer displayed on our Platform or as otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

9. Availability, Disruption and Downtime

9.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

9.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

9.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

10. Intellectual Property and Data

10.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

10.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

10.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply the Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use the Services), and otherwise perform our obligations under these Terms;

(b) diagnose problems with the Services;

(d) send you information we think may be of interest to you based on your marketing preferences;

(e) perform analytics for the purpose of remedying bugs or issues with the Services; or

(f) perform our obligations under these Terms (as reasonably required).

10.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

10.5 You are responsible for (meaning we are not liable for):

(a)the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and

(b)backing up Your Data.

10.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

10.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.

10.8 This clause 10 will survive the termination or expiry of these Terms.

11. Confidential Information and Personal Information

11.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

11.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

11.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

11.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

11.5 You must not disclose Personal Information of a Customer to third parties unless authorised by these Terms or by law. You must collect, hold and disclose and use any Personal Information we provide to you in accordance with all applicable privacy and anti-spam laws. You cannot use the Personal Information of a Customer for any marketing or advertising purposes unless they have consented.

11.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

11.7 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

11.8 This clause 11 will survive the termination or expiry of these Terms.

12. Consumer Law Rights

12.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

12.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

12.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

12.4 This clause 12 will survive the termination or expiry of these Terms.

13. Cancellations and refunds between Operators and Customers

13.1 Operators agree to deal with the cancellation or refund of Offers in accordance with our refund policy set out on our Platform.

14. Liability

14.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

(a) any property loss or damage, or personal injury or loss, arising from or in connection with your provision of a Tour;

your provision of the Tours;

(b) a breach of clauses 4.3 or 11 by you;

(d) any claim brought by a Customer in relation to a Tour Listing or participation in a Tour;

(e) the information that you provide in relation to a Tour and the Tour Listing;

(g) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

(h) any use of the Services by a person or entity other than you or your Authorised Users.

14.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we or you are liable for any Consequential Loss;

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(c) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.

14.3 This clause 14 will survive the termination or expiry of these Terms.

15. Suspension and Termination

Suspension

15.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

Termination

15.2 We may terminate these Terms (meaning you will lose access to the Services including access to your Account) if:

(a)you fail to pay your fees when they are due;

(b)you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(c)you or your Authorised Users breach these Terms and that breach cannot be remedied; or

(d)we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or

(e)you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

15.3 You may terminate these Terms if:

(a)we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b)we breach these Terms and that breach cannot be remedied.

15.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 16.9), and termination will take effect immediately.

15.5 Upon termination of these Terms:

(c)we will retain Your Data (including copies) as required by law or regulatory requirements; and

(d)your existing Tour Listings will be removed and any purchased Tours not yet provided will be cancelled (and Customers will be refunded accordingly).

15.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

15.7 This clause 15 will survive the termination or expiry of these Terms.

16. General

16.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

16.2 Disputes between Operators and Customers: We encourage Operators and Customers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Operators and Customers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Operators and Customers.

16.3 Disputes with MotoRides Australia: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a)where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b)where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, NSW, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

16.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

16.5 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

16.6 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

16.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

16.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

16.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

16.10 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

16.11 Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

16.12 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

17. Definitions

17.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the Services through your Account.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Customer means a user of our Platform which purchases a Tour.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the services we provide to you, as detailed at the beginning of these Terms.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.