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Terms and Conditions
Terms and Conditions – Welcome to Country Marketplace
Welcome to Country Ltd ABN 58 636 110 846 ("Welcome to Country", "we", "our" or "us") owns and operates the Welcome to Country website (www.welcometocountry.com) and related social media pages, mobile applications, and programs (collectively, the "Marketplace"). These Terms and Conditions ("Terms") govern your use of our Marketplace and your purchase of goods and experiences through it. They incorporate our Privacy Policy and any other policies referred to herein.
By accessing or using the Marketplace, you agree to these Terms. If you do not accept them, you must not use the Marketplace.
1. Definitions
Booking: A confirmed purchase of an Experience via the Marketplace.
Buyer: Any individual or entity purchasing Goods via the Marketplace.
Experience: A tour, activity, or service offered by an Operator through the Marketplace.
Goods: Physical products listed for sale on the Marketplace.
Operator: A business or provider offering Experiences via the Marketplace.
Seller: An individual or entity listing Goods for sale via the Marketplace.
Experience Fee: The price of an Experience, inclusive of applicable taxes.
Total Fees: The full amount payable for a Booking, including Experience Fees, Goods prices, booking or transaction fees, and taxes.
ICIP: Indigenous Cultural and Intellectual Property.
Other capitalised terms have the meanings given in these Terms.
2. Use of the Marketplace
2.1 You must only use the Marketplace in accordance with these Terms and applicable law.
2.2 You must not engage in unlawful, harmful, or disruptive conduct on the Marketplace.
2.3 We may update these Terms from time to time. Your continued use of the Marketplace constitutes acceptance of the updated Terms.
3. Bookings for Experiences
3.1 To make a Booking you must be at least 14 years old, and have legal capacity to enter a binding agreement. Minors under 18 must be supervised by a parent/guardian who accepts responsibility for the Booking.
3.2 When you confirm a Booking and payment is processed, a binding agreement is formed between you and the relevant Operator. Welcome to Country acts as the booking facilitator, not the supplier of the Experience.
3.3 Operators may set additional requirements (e.g. age, health, fitness). It is your responsibility to ensure you meet these before booking.
4. Purchase of Goods
4.1 When you place an order for Goods, you are making an offer to the Seller. Acceptance occurs when the Seller confirms your order.
4.2 Risk in Goods passes to you upon delivery. Title passes once payment is received in full.
4.3 Sellers are responsible for fulfilling, shipping, and providing warranties for Goods sold.
5. Payment
5.1 You must pay the Total Fees at the time of purchase using the available payment methods.
5.2 All prices are in Australian Dollars (AUD) and include GST (where applicable).
5.3 A non-refundable booking fee may apply to Experience purchases. This fee does not limit your rights under the ACL.
6. Cancellations and Refunds
Experiences
6.1 Operators set their own cancellation and refund policies, which are disclosed on the Experience listing.
6.2 You are entitled to a refund, replacement or rescheduling where required under the Australian Consumer Law (ACL), for example if an Experience is cancelled by the Operator, not delivered as promised, or is unsafe.
6.3 Change-of-mind cancellations are subject to the Operator’s policy.
Goods
6.4 Under the ACL, you are entitled to a refund or replacement if Goods are faulty, unsafe, do not match their description, or are not of acceptable quality.
6.5 For change-of-mind returns, the Seller’s own policy applies and will be displayed on the product listing.
Refund Process
6.6 Where you are entitled to a refund, it will be processed to your original payment method within a reasonable timeframe.
6.7 Booking fees and delivery charges may not be refundable unless required under the ACL.
7. Consumer Guarantees
7.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the ACL or any other applicable law.
7.2 For Goods: Sellers guarantee that Goods will be of acceptable quality, fit for purpose, and match their description.
7.3 For Experiences: Operators guarantee that services will be provided with due care and skill, will be fit for their purpose, and delivered as described.
8. Gift Cards
8.1 Gift cards are valid for 36 months from date of issue.
8.2 They can be used as payment for Goods or Experiences but cannot be redeemed for cash, except where required by law.
8.3 If a Booking made with a gift card is cancelled and a refund is due, the gift card will be re-credited.
9. ICIP and Intellectual Property
9.1 Our Marketplace and Content may incorporate Indigenous Cultural and Intellectual Property (ICIP). ICIP remains the property of the traditional owners or custodians at all times.
9.2 You must respect and not misuse ICIP or other intellectual property rights available on the Marketplace.
10. Order and Discount Rights
10.1 We reserve the right to cancel, refuse or refund any order at our discretion, where permitted by law. This may include (but is not limited to) cases of error, suspected fraud, stock unavailability, or misuse of promotional offers. If your order is cancelled, you will receive a full refund of the amount paid.
10.2 The $20 off promotion applies only to a customer's first order placed through the Marketplace. Subsequent orders are not eligible for this discount.
10.3 We reserve the right to rescind, withdraw, or modify any discount, promotion, or offer at any time in accordance with Australian Consumer Law.
10.4 We may also rescind or deny a discount where there has been misuse, manipulation, or abuse of the promotional offer, including the use of multiple or fraudulent accounts.
10.5 Nothing in this section limits your statutory rights under the ACL.
11. Liability
11.1 To the maximum extent permitted by law, Welcome to Country is not liable for:
the quality, safety, or legality of Goods or Experiences supplied by Sellers or Operators;
indirect, incidental, or consequential losses.
11.2 Where liability cannot be excluded under the ACL, our liability is limited (at our option) to:
for Goods: repair, replacement, or refund;
for Experiences: re-supply or refund of the service.
11.3 Nothing in these Terms excludes liability for fraud, negligence causing personal injury or death, or any liability that cannot be excluded by law.
12. Complaints and Dispute Resolution
12.1 If you have an issue with Goods, you should first contact the Seller.
12.2 If you have an issue with an Experience, you should first raise it with the Operator.
12.3 If a matter cannot be resolved, you may contact Welcome to Country for assistance.
12.4 Disputes will be managed in good faith and, where possible, resolved through mediation before court proceedings.
13. General
These Terms are governed by the laws of New South Wales, Australia.
If any part of these Terms is invalid, the rest remains enforceable.
Welcome to Country may update these Terms by posting revised versions on the Marketplace.
These Terms apply equally for the benefit of Welcome to Country, Sellers, and Operators.
Contact Us
Welcome to Country Ltd
11 Mansfield Street, Glebe NSW 2037
support@welcometocountry.com.au