Legal Disclaimer and Release of Liability Statement
GONE Offroad 4WD Tours, Gone Offroad 4WD Tag-Along Tours, goneoffroad.rocks or any other representation of "Gone Offroad 4WD" is referred to as "Gone Offroad" (ABN 78 171 748 223) or "Organisation"; and is the Business that provides the website for visitors and customers to view and purchase a tag-along 4WD "Tour"or "Trips".
Organisers are referred to as "Organisers" and are people that organise these"Tours". These can be members or owners of Gone Offroad.
Trips are referred to as "Trips" or "Tours" and are the actual organised purchased event of a group of people joining an Organiser with their own vehicles and going four wheel driving.
Gone Offroad is NOT, nor advertises to be a training system for offroad driving in any sense. It is simply a means for purchasing customers to join a convoy with other customers and drive in a group offroad being led by their Trip Leader (which will be a Gone Offroad representative) or Organiser of the Trip or Tour.
"Tag-Along" is defined as a customer following their trip leader in their own four-wheel vehicle in convoy fashion throughout the entire duration of the trip.
"Gone Offroad", "Owners" and "Trip Leaders" (the "Organisers") are NOT responsible for your safety. As the customer, you accept that any outdoor activities, such as four-wheel driving, are inherently dangerous. By signing up and buying a ticket of participation in these "Trips", you agree to release "Gone Offroad" and its "Organisers"or "Affiliates" from ANY responsibility, liability or claim in law or in equity. We stress that if you DON'T agree to these terms, DO NOT PURCHASE a ticket or visit our website. Any ticket that has been purchased prior to reading this disclaimer is not refundable. "Gone Offroad" does NOT certify or verify the expertise of the "Trip Leaders" and "Organisers" or Gone Offroad itself. All "Trip Leaders" and "Organisers" in "Gone Offroad" are NOT accredited in motor vehicle recovery, techniques nor holds themselves out to be such an accredited person or organisation. You are responsible for your own safety. Gone Offroad, although not accredited in motor vehicle recovery, have adequate recovery gear and resources, so to the maximum of their ability and in what their recovery resources allow, they can assist fellow drivers in recovery situations as it is part of their service.
“Gone Offroad” is NOT responsible for any possible financial disagreement, damages of any kind, potential insurance claim and/or any monetary loss whatsoever that could eventuate from any of our trips.
Outdoor "Trips", such as four-wheel driving, can be inherently dangerous and accidents may and do happen. By participating in any "Trips", you are taking responsibility for your own safety and well-being. The “Gone Offroad” Organisation and its "Organisers" are not trained leaders and we don't confirm the qualifications of any of our members to lead or participate in "Trips". Furthermore, the risks are inherent, and all participants and yourself must take full responsibility for their/your own actions whilst following the trip leader. If you choose to purchase any ”Gone Offroad” "Trips", you are releasing “Gone Offroad 4WD”, its "Organisers" and all associated parties from all and any liability in case of possible injuries and/or death. You agree that off-road track terrain and immediate surrounds may also become rugged, obstructive and narrow and that at times, light or even heavy foliage overhang may lightly obstruct your vehicle and cause light scratches to the paint work if your drive along it. Thus, you agree that Gone Offroad will not accept any responsibility for any vehicle damages or repairs. All mechanical damages and associated costs of recovering the customers vehicle is the cost of the customer. This includes the hiring of outside parties to assist in a full recovery if ever needed.
You acknowledge and understand fully that there are risks and dangers of serious bodily injury and death that could result from your participation in any "Trips". You have voluntarily elected to purchase and participate in the "Trips" listed under “goneoffroad.rocks” and FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR ANY INJURY, LOSSES AND DAMAGES TO PERSON/S OR PROPERTY THAT INCUR AS A RESULT OF YOUR PARTICIPATION.
All trips have a rating.
EASY - For beginners with standard 4WDs (new to 4wding)
EASY/MEDIUM - For both beginners and experienced drivers. You may tackle some tracks with some steep and/or rocky/slippery/sandy sections.
MEDIUM - For experienced drivers. You may tackle some tracks with moderate steep and/or rocky/slippery/sandy track sections.
MEDIUM/HARD - For experienced drivers with well setup 4WDs. You may tackle some difficult tracks with steep and/or rocky/slippery/sandy track and/or river crossing sections. IMPORTANT: Vehicle damage may occur. Please make sure you are prepared for this.
HARD - For experienced drivers with very capable 4WDs. You may tackle some very difficult tracks with frequent very steep and/or rocky/slippery/sandy track and/or deep river crossing sections. IMPORTANT: Vehicle damange may occur. Please make sure you are prepared for this.
You represent that you are qualified to attend the “Trip” in the RATING you are competent in. You also acknowledge that both before and throughout the entire online checkout process including post-purchase confirmation email and pre-trip reminder email confirmation, you received more than ample warnings about track ratings and vehicle requirements (both preferred and mandatory). You also agree, that as a result of these warnings, the checkout process and warnings of loss was clear, concise and non-ambiguous in nature and if at any time during your participation you feel your driving level or physical condition no longer allows you to participate safely or you believe the "Trips" becomes unsafe, you will immediately stop your participation and no refund can be given under any circumstances. You are in good health and in proper physical condition to participate in the “Gone Offroad” "Trips". You also agree to only carry passengers that your registered vehicle can legally carry.
LIMITATION OF DAMAGES: YOU AGREE NOT TO SUE AND TO RELEASE, DISCHARGE, WAIVE, HOLD HARMLESS AND TO INDEMNIFY “Gone Offroad” and its "Organisers" FROM AND AGAINST ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, SUITS AND PROCEEDINGS, REGARDLESS OF THE CAUSE, INCLUDING THE NEGLIGENCE OR CARELESSNESS OF ANY RELEASE, ARISING OR RESULTING FROM YOUR PARTICIPATION IN THESE "Trips".
By participating in “Gone Offroad” activities you are asserting and reaffirming that you are of least 18 years of age and are legally bound by your actions and decisions and have a current valid drivers licence.
You understand that the “Gone Offroad” may, from time to time, take photographic, digital or video images of "Trips" participants for advertising purposes. You hereby agree to allow “Gone Offroad” to use those images for that purpose without expectation of privacy or remuneration.
Kevin Cartwright, Director on email address "firstname.lastname@example.org" and you will be replied within 24 hours of the email being received.
Users of the Gone Offroad site are entitled to expect that any information as a result of that use will be treated within the terms of the Government's privacy responsibilities and obligations.
We do NOT collect any personally identifiable information nor do we collect or store your credit/debit card details.
Gone Offroad reserves the right to make disclosures to relevant authorities where the use of this site raises a suspicion that an offence is being, or has been, committed. In the event of an investigation, Gone Offroad will provide access to data to any law enforcement agency that may exercise a warrant to inspect our logs should the customer be under any investigation.
Any information collected is stored in an appropriately secure format. When the information is no longer required for the purposes for which it was collected it is deleted.
What will we do with information provided as feedback?
Gone Offroad may receive feedback on this site to allow users to provide input into the future development of the site and to comment on the provision of service by Gone Offroad. Users provide personal details for the purpose of receiving a reply to their feedback. This information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list unless you request us to do so.
Due to the developing nature of privacy principles for online communication, this policy may be modified or expanded in light of new developments or issues that may arise from time to time. The amended policy will be posted to this site and will operate from the time it is posted.
Gone Offroad reserves the right to cancel or alter any tour or course at any time. Gone Offroad will determine if any refund is due if this action occurs.
In the event of you cancelling a booking the following refund policy applies:
- Deposits are NOT refundable but may be transferred to another trip/course within 12 months of the original booked trip or course at the Organisers discretion.
- If a Tour needs to be cancelled due to road or track closures, fires, or for any reason that Queensland Parks and Wildlife impose, refunds are not given. Instead, all cancelled Tours are rescheduled to a mutually agreeable date.
- The balance of payments MUST be paid by the stated due date otherwise your position may be made available to other customers.
- No refunds are available after the due date for payment.
- Please note that there are no minimum bookings in order for a tour to proceed.
Gone Offroad reserves the right to vary prices on its products and tours. Price changes can result from a number of variables including changes in fuel costs, award rates, accommodation costs, meal costs, Park entry/camping fees and licencing fees as well as product supplier costs. Notification of price changes will be provided on the respective tour, course, product via the Gone Offroad website.
In regard to 4WD tag-along tours, if you have made a booking and paid the prescribed deposit the original price will be honoured for up to 3 months from the date of price change notified via the website. If a price change affects a booking you have made and your booking is more than 3 months in advance of the price change date you have the option of continuing with your booking at the new price or cancelling your booking. A full refund of your deposit will be provided if you cancel your booking in writing (letter or email) within one month of the notification of the price change (notification is via the Gone Offroad website) after this period of time, no refund of the deposit will be available.