Terms and Conditions

Overall Terms and Conditions

1. General

These Terms set out the terms and conditions applicable to the use of the Website, Equipment Rental and/or Sales by You. You:

(a) accept that, by using the Website, purchasing and/or renting Items (on the Website, in person, by phone or by email), you agree to be bound by these Terms, which form a legally binding agreement;

(b) acknowledge that you must also comply with any of Overnight Adventures’ Policies , which will form part of these Terms (except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail, unless otherwise stated by Overnight Adventures);

(c) acknowledge that Overnight Adventures may vary the Website, the Items, these Terms and/or the Policies, or any component contained therein, at any time in its absolute discretion and without notice to you; and

(d) agree that your continued use of the Website, and/or purchase and/or rental of the Items constitutes an agreement by you to be bound by the Terms, as varied by Overnight Adventures from time to time. If you do not agree to the Terms, you must not use the Website or purchase and/or rent the Items.

2. Orders

You agree and acknowledge that:

(a) Overnight Adventures displays Items on the Website, which constitutes an invitation to treat;

(b) your placement of an Order for any Items constitutes an offer to purchase and/or rent such Items;

(i) the Hire Period if your Order contains Equipment Rental;

(ii) The Participants if your Order contains Equipment Rental;

(iii) the Nominated Address; and

(d) your offer is not accepted by Overnight Adventures until:

(i) Overnight Adventures receives the full price for all Items in your Order, plus delivery costs; and

(ii) Overnight Adventures sends you a confirmation for the Order, and

(e) in the event that, after your offer is accepted, Overnight Adventures advises that they are not able to provide certain Items, then:

(i) you may choose replacement Items, at the same value; or

(ii) you may choose to be refunded the price paid for those Items that Overnight Adventures is not able to provide; and

(iii) you release Overnight Adventures from all claims and liability relating to such unavailability.

(f) If you place an Order for Delivery to an address that is someone else’s place of residence or business you must obtain their consent before providing Overnight Adventures with their personal information and, by placing an Order, you confirm to Overnight Adventures that you have done this

(g) Please ensure that you enter all information carefully when placing an Order. You warrant to Overnight Adventures that all information provided by you in relation to each Order is complete, true and accurate.

(h) Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Overnight Adventures. Overnight Adventures will use reasonable endeavours to cancel or change the Order if it has not already been Dispatched but makes no representation that it will be able to do this.

(i) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Overnight Adventures will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Overnight Adventures, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

(j) Where you place separate Orders the Items will be delivered separately and a separate delivery fee may apply to each Order.

3. Pricing and Payments

3.1 Price

(a) In order to purchase and/or rent Items, you agree to pay Overnight Adventures the Price, plus any delivery costs stated on the Website, upon submitting the Order. You are also liable to pay any duties, taxes, government levies or other financial charges that might be added to your Order.

(b) Overnight Adventures accepts payment via credit or debit card, Apple Pay and any other methods it authorises from time to time. Overnight Adventures uses third party payment processors including Stripe and Booqable, who endeavour to ensure that your information is kept safe and secure (third party processing fees may be payable by you in this regard). Overnight Adventures also uses Secure Socket Layering technology to protect online transactions and to ensure that your payment information is never stored on the Website.

(c) Overnight Adventures reserves the right to vary the Prices, in its absolute discretion and without notice to you. You agree that any varied Prices will apply to all Orders made after such variation.

(d) If you trigger a ‘chargeback’ through your card provider or elsewhere, or if you fraudulently use the payment details of another entity, Overnight Adventures has no obligation to provide you the Items in the applicable Order and may refuse to deal with you in the future.

(e) Unless otherwise expressly stated by Overnight Adventures, all prices are in Australian Dollars (AUD) and include GST (as defined in A New Tax Policies (Goods and Services Tax) Act 1999 (Cth)).

(f) You agree that Overnight Adventures may deduct from, apply or set-off any monies that it receives from you towards any amounts that you owe Overnight Adventures under these Terms.

3.2 Credit Card Authorisation

You must provide Overnight Adventures with your credit card details upon request and you hereby authorise Overnight Adventures to use these details in payment of any amounts owing by you under these Terms, without further notice to you. In the event that amounts owed by you exceed the Security Deposit, or if you have not paid a Security Deposit, Overnight Adventures will recover any owing amounts using your credit card details and you hereby release Overnight Adventures from any claims associated with such use of your credit card details.

4. Acknowledgements

You agree and acknowledge that:

(a) the brands, colours, appearance, sizes and other aspects of the Items shown on the Website may vary slightly from the actual Items you receive;

(b) you are required to supply all other tools, equipment or materials that you require to complete the Activities and are solely liable for such materials;

(c) Overnight Adventures makes no warranties that the Items in your Order will satisfy all of your requirements during the Activities;

(d) you must only use the Items for their intended purpose;

(e) you must follow the instructions for the Items;

(f) you must notify Overnight Adventures of any damage to, or issues with, the Items as soon as possible upon Delivery of the Items and record evidence of such damage, including photographs (failing which, such damage or issues will be deemed to have been caused by you);

(g) the Items are manufactured by third parties and, as such, Overnight Adventures does not provide any warranties or guarantees regarding the Items; and

(h) in respect of any consumable products in the Items, you are fully responsible for ascertaining and confirming that:

(i) they meet the dietary or other health requirements for you and any other individuals that intend to consume such Items;

(ii) you and any other individuals who intend to consume such Items are not allergic to, or otherwise unable to eat, them; and

(iii) you and any other individuals who intend to use such Items are not allergic to, or otherwise unable to use, them.

5. Promo codes, Gift Vouchers and Credits

5.1 Promo Codes

(a) Overnight Adventures may offer Promo Codes from time to time.

(b) Only one Promo Code can be used on an Order.

(c) In the event that Overnight Adventures determines that a Promo Code has been wrongly copied, distributed or otherwise misused, Overnight Adventures reserves the right to cancel, modify or suspend the Promo Code, or cancel the related Order, in its discretion.

(d) Overnight Adventures makes no guarantees or representations regarding Promo Codes and is released from any liability arising in relation to them or their failure.

5.2 Gift Vouchers and Credits

Overnight Adventures may elect to offer gift vouchers and/or credits from time to time, subject to any conditions that Overnight Adventures determines, in its absolute discretion, including conditions relating to:

(a) expiry dates; and

(b) prohibiting using offers or discounts in conjunction with other offers or discounts.

6. You

You, at all times:

(a) agree to provide accurate, current and complete information to Overnight Adventures, at all times, including in relation to how many Participants will participate in a Trip Package;

(b) warrant that you are over the age of 18;

(c) warrant that you, and all other entities who will accompany you, have the skills and ability to safely complete the Trip Packages and Activities;

(d) warrant that you know how to safely and properly use all Items and agree that you will use and treat all Items in accordance with such standards;

(e) confirm that you have elected to use the Website and/or purchase the Order of your own free will;

(f) acknowledge that, for any consumable Items in your Order that are not permitted to be sold separately, Overnight Adventures is not selling you such items and is providing them free of charge;

(g) acknowledge that your use of the Website and/or purchase of an Order may result in data usage charges from your mobile or internet provider;

(h) must notify Overnight Adventures immediately (or, if that is not possible, as soon as is reasonably practical) of any issues with, or defects in, the Items and/or Trip Information;

(i) use the Website, purchase and/or rent the Items at your own risk and only for their intended purpose;

(j) warrant that you are not allergic to, or otherwise unable to purchase or use any Items in your Order;

(k) must interact with Overnight Adventures, and other entities you encounter during a Trip Package, in a courteous manner; and

(l) agree that, in the event that an account on the Website or for an Order is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or submits the Order on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.

7. Restrictions

You must not, at any time:

(a) use the Website or Items for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;

(b) use or attempt to use another user's account without authorisation;

(d) harass, abuse, intimidate, stalk, threaten, bully, or otherwise offend any other customers of Overnight Adventures or use the Website in a defamatory or offensive way;

(e) make disparaging remarks or comments about, or do anything that may be detrimental to, Overnight Adventures;

(f) post, transmit or distribute anything which has the potential to cause technical damage to the Website (including a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful);

(g) reverse engineer, decompile or dissemble any part of the Website;

(h) hack into any aspect of the Website or Overnight Adventures’ business and/or corrupt data (including by phishing, accessing hidden URL’s, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to);

(i) send unsolicited advertising, promotional material or other content to Overnight Adventures or any of its customers; or

(j) assign your rights and obligations under these Terms, in whole or in part, without Overnight Adventures’ prior written consent (in this regard, you agree that any unauthorised assignment shall be deemed null and void).

8. Overnight Adventures

You agree and acknowledge that Overnight Adventures may, at any time in its absolute discretion and without notice to you:

(a) modify, suspend or terminate your access to the Website and/or Items, in whole or in part,

(b) assign its interests outlined in these Terms; and/or

(c) run advertisements and promotions on the Website, and in this regard Overnight Adventures will not be a party to any dealings that you may have with any other entities as a result of such advertisements or promotions.

9. Intellectual Property

9.1 Ownership

(a) The Website and all information and documentation that Overnight Adventures supplies with the Items, including, without limitation, all Trip Information, local area insights, trade marks, service marks, patents, designs, works, presentations, booklets, checklists, videos, films, graphics, photographs, scripts, sound recordings, images, documents, systems, platforms, databases, know-how, trade secrets, domain names, internet addresses, data, computer software and other materials (collectively, the Overnight Adventures IP) are the property of Overnight Adventures and its related entities, as defined in the Corporations Act 2001 (Cth) (Related Entities).

(b) Unless otherwise expressly stated by Overnight Adventures, Overnight Adventures owns all intellectual property rights in relation to the Overnight Adventures IP which arise by operation of legislation, common law or equity, including, but not limited to, all present and future rights, title and interest in and to such works and other forms of intellectual property, irrespective of whether such items or rights are registered, or capable of registration. All goodwill accrued in relation to the Overnight Adventures IP accrues to the exclusive benefit of Overnight Adventures and its Related Entities.

9.2 Limited Licence

(a) By purchasing an Order, Overnight Adventures grants you a non-exclusive, revocable, limited, non-sublicenseable licence to:

(i) use the Trip Information and Items in your Order:

(A) during the Hire Period;

(B) solely for their intended purpose;

(D) strictly in accordance with Overnight Adventures’ requirements and directions,

(ii) to use the Website to purchase and/or rent the Items.

(b) In using this license, you must not:

(i) use the Overnight Adventures IP other than for its intended purpose;

(ii) use or display the Overnight Adventures IP in any way that indicates that Overnight Adventures has endorsed or approved you or your products or services, without Overnight Adventures’ prior written approval;

(iii) copy, adapt, reproduce, broadcast, store, save, transmit, distribute, display, print, publish or create derivative works from any of the Overnight Adventures IP;

(iv) imitate or use in the same or a deceptively similar fashion any of the Overnight Adventures IP, in whole or in part;

(v) use any data mining, robots or similar data gathering or extraction methods with respect to the Overnight Adventures IP;

(vi) use the Website, the Overnight Adventures IP, the Items or the Trip Information in any way that could damage Overnight Adventures, its reputation or the goodwill or other rights associated with the Overnight Adventures IP (including by way of social media platforms, including Facebook, Instagram or Twitter); or

(vii) use the Overnight Adventures IP for a commercial purpose.

(c) Nothing in these Terms should be construed as granting you any licence or right to use Overnight Adventures’ business names or trade mark/s, registered or unregistered, at any time without its prior written consent.

10. Termination

Overnight Adventures is entitled to terminate the license in these Terms and/or your access to the Website, the Overnight Adventures IP or the Items, without notice to you, in the event that you breach the Terms.

11. Liability

11.1 Limitation of Liability

(a) Except as expressly stated by Overnight Adventures, the Items and the Trip Information are provided on an "as is" basis and without warranties of any kind. To the extent permitted by law, Overnight Adventures expressly disclaims all other warranties, express or implied, relating to the Items, Overnight Adventures IP and the Website.

(b) You waive, release and covenant not to assert against Overnight Adventures or its Related Entities any Claims, including but not limited to, in relation to:

(i) any errors, omissions, delays, interruptions or other matters relating to the Website and/or the Items;

(ii) any delays in delivering or collecting any Items;

(iii) the inaccuracy of any component of the Trip Information;

(iv) any materials or content posted or otherwise transmitted by a third party on the Website or on other forms of social media; and/or

(v) any accident, loss or damage to property or death of or injury to any person of whatever nature or kind (in this regard, you warrant that you use the Trip Information, and Items at your own risk).

(c) Without limiting the remainder of this clause 11.1, neither Overnight Adventures or its Related Entities or associates shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind. In no event will you have a cause of action against the directors or Related Entities or Associates of Overnight Adventures.

(d) In no event shall the aggregate liability of Overnight Adventures, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the Website or the Items, exceed the value of the applicable Order.

11.2 Indemnity

You hereby release and indemnify, and keep released and indemnified, Overnight Adventures (and its Related Entities) from and against all Claims, including but not limited to legal costs, arising from or relating to:

(a) your fraud, misconduct, negligence or breach of these Terms (or the warranties in these Terms);

(b) your use or consumption of the Items; and/or(c) your Order.

11.3 Trustee

(a) Overnight Adventures enters into these Terms as trustee of the Overnight Adventures Trust (the Trust) and in no other capacity.

(b) You acknowledge that Overnight Adventures incurs all Obligations solely in its capacity as trustee of the Trust and that Overnight Adventures will cease to have any obligation under these Terms if Overnight Adventures ceases for any reason to be the trustee of the Trust.

(c) Subject to clause 11.3(g), Overnight Adventures will not be liable to pay or satisfy any Obligations except out of the assets of the Trust, including all assets, property and rights, real and personal of any value whatsoever (Assets) against which it is actually indemnified in respect of any liability incurred by it as trustee of the Trust.

(d) Subject to clause 11.3(g), you may enforce its rights against Overnight Adventures arising from non-payment of Overnight Adventures’ Obligations only to the extent of Overnight Adventures' right of indemnity out of the Assets of the Trust.

(e) Subject to clause 11.3(g), if you do not recover all money owing to you arising from non-performance of Overnight Adventures’ Obligations, you may not seek to recover the shortfall by:

(i) bringing proceedings against Overnight Adventures in its personal capacity; or

(ii) applying to have Overnight Adventures put into administration or wound up or applying to have a receiver or similar person appointed to Overnight Adventures or proving in the administration or winding up of Overnight Adventures.

(f) Subject to clause 11.3(g), you waive your rights and release Overnight Adventures from any personal liability whatsoever, in respect of any loss or damage:

(i) which you may suffer as a result of any:

(A) breach by Overnight Adventures of any of its Obligations; or

(B) non-performance by Overnight Adventures of its Obligations, and

(ii) which cannot be paid or satisfied out of the Assets of which Overnight Adventures is entitled to be indemnified in respect of any liability incurred by it as trustee of the Trust.

(g) You acknowledge that the whole of these Terms is subject to this clause 11.3 and Overnight Adventures shall in no circumstances be required to satisfy any liability of Overnight Adventures arising under, or for non-performance or breach of any Obligations under or in respect of, these Terms or under or in respect of any other document to which it is expressed to be a party out of any funds, property or assets other than the Assets of the Trust under Overnight Adventures' control and in its possession as and when they are available to Overnight Adventures to be applied in exoneration for such liability, provided that if the liability of Overnight Adventures is not fully satisfied out of the Assets of the Trust as referred to in this clause 11.3, Overnight Adventures will be liable to pay out of its own funds, property and assets the unsatisfied amount of that liability but only to the extent of the total amount, if any, by which the Assets of the Trust have been reduced by reasons of fraud, negligence or breach of trust by Overnight Adventures in the performance of Overnight Adventures' duties as trustee of the Trust.

(h) The Parties agree that no act or omission of Overnight Adventures (including any related failure to satisfy any Obligations) will constitute fraud, negligence or breach of trust of Overnight Adventures for the purpose of this clause 11.3 to the extent to which the act or omission was caused or contributed to by any failure of any other person to fulfil its obligations relating to the Trust or by any other act or omission of any other person.

(i) No attorney, agent or other person appointed in accordance with these Terms has authority to act on behalf of Overnight Adventures in a way which exposes Overnight Adventures to any personal liability (except in accordance with the provision of clause 11.3), and no act or omission of such a person will be considered fraud, negligence or breach of trust of Overnight Adventures for the purpose of this clause 11.3.

12. Website

By using the Website you agree to be bound by these conditions. If you do not agree with them, you are not authorised to use the Website.

(a) The Website and its contents are subject to copyright which is owned by Overnight Adventures or a third party. Overnight Adventures does not grant you any intellectual property rights in this Website, its applications, interface or contents. You must not use any trademark displayed on this Website.

(b) Overnight Adventures does not warrant the accuracy or completeness of any information you derive from the Website and excludes liability for loss or damage arising from any errors or omissions in the Website or your use of the Website (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, Overnight Adventures limits our liability to the resupply of the relevant information.

(c) You release Overnight Adventures and its Related Entities to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through the Website.

(d) The Website may include links to websites, platforms or other software operated by third parties. Overnight Adventures has no responsibility or liability for the content and activities of such websites, platforms or software.

(e) Links to the Website are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protection that Overnight Adventures establishes are expressly prohibited. If you wish to use a graphic to link to the Website please contact us.

(f) Overnight Adventures cannot guarantee any file, data or program available for download from the Website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using the Website. The Website may be inaccessible from time to time due to events outside Overnight Adventures’ control or maintenance requirements.

(g) If Overnight Adventures collect your personal information, they do so subject to the terms of our Privacy Policy, details of which are at: https://www.overnightadventures.com/privacy-policy

(h) Overnight Adventures offers you access to the Website and the functionality attached to the Website but reserves the right to charge a fee for this service in the future (no fee is currently applicable).

(i) Overnight Adventures may use cookies to gather data in relation to the Website and you consent to us doing so (although you may be able to disable cookies on your web browser).

13. General

13.1 Interpretation

In these terms, unless otherwise stated:

(a) a reference to a person includes a natural person, a company or other entities recognised by law;

(b) a reference to any legislation, statute, ordinance code or other law includes regulations and other instructions under it and consolidations, modifications, amendments, re-enactments or replacements of it;

(d) a reference to writing includes electronic communication;

(e) an obligation, representation or warranty on the part of two or more persons binds them jointly and severally;

(f) an obligation, representation or warranty in favour of two or more persons is to be construed for the benefit of them jointly and severally;

(g) any reference to Overnight Adventures’ consent, satisfaction or discretion may be withheld or exercised in Overnight Adventures’ absolute discretion, and subject to any conditions Overnight Adventures advises;

(h) use of the word ‘including’ or any similar expressions are not words of limitation;

(i) definitions apply to the singular and plural forms of each term defined, and to other grammatical forms of each term defined.

13.2 Applicable Law and Venue

You agree that all disputes, Claims or other matters arising from or relating to your use of the Website, and/or purchase and/or rental of the Items will be governed by the laws of New South Wales, Australia and will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia. All references to a time in the Terms is that time in Sydney, Australia, unless otherwise specified.

13.3 Entire agreement

These Terms represents the entire agreement between the Parties and supersedes all other agreements, arrangements and representations made between the Parties relating to the same subject matter.

13.4 Severability

If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

13.5 Notices

You agree that Overnight Adventures has the right to send you certain information in connection with the Website and Items and you hereby consent to receive communications from Overnight Adventures electronically. Overnight Adventures may send you this and any other information in electronic form to the e-mail address you specify through the Website or provide to Overnight Adventures through other means. Notices provided to you via e-mail will be deemed given and received on the transmission date of the email.

13.6 Force Majeure

A party will not be in default if it is unable to comply with its obligations in these Terms as a result of any cause which is beyond the reasonable control of that party, including, but not limited to, floods, storms, fires, other acts of nature, strikes, riots, war, embargoes or other governmental actions.

13.7 Construction

You agree and acknowledge that:

(a) these Terms are for Overnight Adventures’ benefit and may be waived in writing by Overnight Adventures, in whole or in part, at any time in its discretion; and

(b) in the event that a dispute arises as to the interpretation of a provision in these Terms, Overnight Adventures’ interpretation shall prevail.

13.8 Waiver

You agree that any failure, delay in exercise or partial exercise by Overnight Adventures in enforcing any provisions of the Terms shall not operate as a waiver of its rights in relation to enforcement of those provisions. Any waiver by Overnight Adventures must be in writing and signed by Overnight Adventures.

13.9 Definitions

For the purposes of this agreement, the term:

(a) Activities means camping, trekking, kayaking and/or other activities that you intend to undertake.

(b) Cancellation Fee means any fee as determined by Overnight Adventures in its discretion and charged as a result of cancellation of your Order either by You or by Overnight Adventures.

(c) Claims means all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities.

(d) Collection means the collection by Overnight Adventures or a Courier of the Items from the Nominated Address.

(e) Courier means any third party engaged by Overnight Adventures on your behalf to deliver Items to You.

(f) Delivery means the delivery of Items to the Nominated Address.

(g) Dispatch means the time at which the Items leave Overnight Adventures’ storage facility.

(h) Equipment Rental means the rental of Items, in which ownership of the Items does not pass to You. You shall be aware that you are entering into an Equipment Rental by any or all of the following:

(i) You select any Items displayed on the Website under the header ‘Equipment Hire’ and proceed to make an Order containing those Items;

(ii) You request, in writing or otherwise, to rent, hire or borrow Items from Overnight Adventures, and Overnight Adventures confirms in writing that it accepts this request through email confirmation, issue of an invoice, credit card charge or other means at Overnight Adventures’ discretion;

(iii) You are required to provide Overnight Adventures or a third party with a commencement date and hire duration or the Hire Period during which you require the Items;

(iv) If none of 13.9 (c)(i), 13.9 (c)(ii) or 13.9 (c)(iii) apply, whether all or part of an Order constitutes an Equipment Rental is at Overnight Adventures’ discretion.

(i) Hire Period means those dates input by the customer upon checkout on the Website or as otherwise negotiated and confirmed in writing with Overnight Adventures during which the Items are intended to be used by the customer before being Returned to Overnight Adventures.

(j) Items means any item, good or equipment made available by Overnight Adventures through its Website or any other means for sale or rental, including Trip Packages, Rental Items and Items available for purchase.

(k) Nominated Address means the address provided by You for Delivery of the Items, or for Delivery and/or Collection of the Items.

(l) Obligations means all obligations and liabilities under the Terms.

(m) Order means an order for any Items, whether for Equipment Rental or Sales, available from Overnight Adventures through the Website or any other means.

(n) Overnight Adventures means Remi Group Pty Ltd (ACN 633 841 915) as trustee for the Overnight Adventures Trust.

(o) Participants means individuals who will participate in a Trip Package and/or use the Items during the Hire Period.

(p) Policies means any of Overnight Adventures’ policies on the Website.

(q) Price means the price that Overnight Adventures has allocated to Items and Services.

(r) Promo Code means any promotional code created and offered by Overnight Adventures for use on its Website, subject to any conditions that Overnight Adventures determines, in its absolute discretion.

(s) Return when referring to Equipment Rental means the time at which Items are received at Overnight Adventures’ storage facility.

(t) Sales means the sale of Items by Overnight Adventures, in which ownership of the Items passes to You. You shall be aware that a Sale is being conducted by any or all of the following:

(i) You select any Items displayed on the Website under the header ‘Buy New’ and proceed to make an Order containing those Items;

(ii) You request, in writing or otherwise, to buy Items from Overnight Adventures, and Overnight Adventures confirms in writing that it accepts this request through email confirmation, issue of an invoice, credit card charge or other means at Overnight Adventures’ discretion;

(iii) If none of 13.9 (d)(i) or 13.9 (d)(ii) apply, whether all or part of an Order constitutes a Sale is at Overnight Adventures’ discretion.

(u) Security Deposit means any amount required to be paid to Overnight Adventures prior to the commencement of the Hire Period for the purposes of being applied against any loss or damage of the Items by You.

(v) Services means campground, Courier or transport bookings and other related services.

(w) Terms means the terms and conditions applicable to the use of the Website, Equipment Rental, Sales, and purchase of Trip Packages as set out in this document.

(x) Trip Information means track notes, maps, Items, guide and safety information related to each trip.

(y) Trip Packages means those Trip Packages defined in clause 17(a) below.

(z) Website means www.overnightadventures.com

(aa) You means any entity who uses the Website and/or rents and/or purchases the Items.

14. Questions and Feedback

If you have any questions regarding the Terms, the Products, the Website and/or the Overnight Adventures IP, or if you have any copyright complaints, please contact Overnight Adventures using the contact page on the Website.

Equipment Rental

15. Security Deposit

(a) You agree and acknowledge that you may be required to pay Overnight Adventures a Security Deposit if requested by Overnight Adventures.

(b) The Security Deposit must be paid by debit or credit card and you acknowledge that you will pay the Security Deposit to Overnight Adventures prior to Delivery of the Order.

(c) You agree that Overnight Adventures shall be entitled to deduct any amounts from the Security Deposit as it deems necessary to repair any damage to Items that you rent and to offset any losses, costs or other expenses (including replacement, late return or cleaning fees) it incurs or may incur as a result of your breach of these Terms (as determined by Overnight Adventures in its discretion), any loss or theft of Items and/or any other amounts that you are liable for under these Terms.

(d) Within ninety (90) days after the end of the Hire Period, Overnight Adventures will refund the Security Deposit to you, less any amounts deducted in accordance with clause 15.2(c).

(e) Should you complete your Order without being charged a Security Deposit, Overnight Adventures shall be entitled to charge the credit card used to originally purchase your Order for any amount it deems necessary to repair any damage to Items that you rent and to offset any losses, costs or other expenses (including replacement, late return or cleaning fees) it incurs or may incur as a result of your breach of these Terms (as determined by Overnight Adventures in its discretion), any loss or theft of Items and/or any other amounts that you are liable for under these Terms.

16. Delivery and Return of Rental Items

16.1 Item Delivery

(a) Subject to your compliance with these Terms, Overnight Adventures will supply the Items in your Order to you.

(b) Overnight Adventures or Couriers will Deliver your Order to the Nominated Address. You acknowledge that you are only entitled to nominate your shipping address for Orders that satisfy Overnight Adventures’ requirements, as stated by Overnight Adventures from time to time.

(c) Overnight Adventures or Couriers will endeavour to Deliver your Order to you prior to the commencement of your Hire Period. Overnight Adventures has the right to refuse Orders that it determines, in its complete discretion, may not be able to be Delivered prior to the commencement of the Hire Period. Overnight Adventures will not be liable if the Order is delivered at a different time, but may in its complete discretion:

(i) extend or change your Hire Period for a duration at Overnight Adventures’ discretion for no additional fee, or

(ii) issue a refund corresponding to the value of the hire fee for the Item/s that were not Delivered prior to the commencement of your Hire Period, or

(iii) offer some other remedy of Overnight Adventures’ choosing.

(d) In the event that you provide an incorrect address to Overnight Adventures, or the Order is not able to be Delivered due to your not being at the Nominated Address on Delivery (or any other times advised by Overnight Adventures) or because there is not clear and safe access for Delivery, or if a Courier advises us that they were not able to Deliver your Order for any reason, you will be deemed to have cancelled your Order and you will forfeit the entire Price for the Order. In the event that you request, and Overnight Adventures agrees, to arrange to re-Deliver the Order, then you will be liable to pay an additional delivery fee plus any differences in the Price for the new Hire Period, as advised by Overnight Adventures.

(e) Upon Dispatch, the risk in the Items in the Order passes to you, and remains with you until its Return.. In the event that Items go missing or are Delivered to the incorrect address after Dispatch, you agree to comply with instructions from Overnight Adventures or Couriers to recover the Items, for example by recovering the Items from the incorrect address if reasonably practical. Overnight Adventures accepts no liability for Items lost or damaged between Dispatch and Return.

(f) If there are multiple Items in an Order, you acknowledge that they might be Delivered separately, depending on availability.

(g) Upon Delivery, you may be required to sign confirmation of these Terms. You agree that you are bound by these Terms, regardless of whether you sign such confirmation. However, if you refuse to sign this confirmation, Overnight Adventures has no obligations to provide you with the Items and may cancel your Order and deduct a Cancellation Fee (as defined in clause 21(a) below) from amounts it has received from you.

16.2 Item Return

(a) You must have ready for Collection all Items (and all components contained therein) on the next business day following the conclusion of the Hire Period, or as otherwise directed by Overnight Adventures:

(i) in accordance with clause 18(b)(iv);

(ii) in a clean and tidy state (and otherwise in the same condition as when they were Dispatched to you);

(iii) in accordance with the return instructions provided to you by Overnight Adventures; and

(iv) by ensuring that the Items are packed and labelled ready for Collection no later than 9:00am local time on the next business day immediately following the final day of the Hire Period, or as otherwise advised by Overnight Adventures.

(b) Overnight Adventures or Courier will Collect the Items following the conclusion of your Hire Period at a time of their choosing. You agree to keep Items available for Collection until they are Collected. You must notify Overnight Adventures if the return does not take place by 6pm AEST on the scheduled date.

(c) In the event that you are unable to Return any Items in accordance with these Terms, you must comply with Overnight Adventures’ instructions regarding returning the Items (which may include you delivering or couriering the Items to Overnight Adventures at your cost). You will be liable to pay Overnight Adventures any additional collection costs it advises and the Price for each extra day that you fail to Return any of theItems in your Order to Overnight Adventures.

(d) If Items are not Collected at the time advised or mistakenly sent back to the wrong address after Collection you agree to comply with instructions from Overnight Adventures or Couriers to Return Items.

(e) If your Order is not Returned or some or all of the Items in it are found to be damaged, incomplete or dirty upon Return, and there is a dispute between you and the Courier as to whether the loss or damage of the Items occurred before or after Collection, the Courier’s advice shall prevail unless Overnight Adventures decides otherwise in its complete discretion.

17. Trip Packages

(a) Overnight Adventures offers adventure Trip Packages, each of which includes Trip Information. You acknowledge that the Trip Information may slightly vary from reality, and campsites in Trip Packages may vary, depending on availability, and you release Overnight Adventures in relation to any such variations, errors or omissions.

(b) By purchasing a Trip Package, you are provided with a limited license to use the Trip Information, strictly in accordance with clause 9.2. You acknowledge and agree that the Trip Information forms part of the Overnight Adventures IP and your purchase of a Trip Package does not give you any ownership rights in the Trip Information.

(c) You acknowledge that you will receive the following Items as part of a Trip Package (which you must use in accordance with clause 18 and Return to Overnight Adventures in accordance with clause 16.2):

(i) one (1) computer tablet for the Order, which will contain the Trip Information;

(ii) one (1) compass for the Order; and

(iii) if required, transport items, which might include an opal card, ferry tickets and/or private bus tickets (if included in your Trip and Order), which may only be used by each Participant for the transport included in the Trip Package.

18. Rental Conditions

(a) By renting the Items, you are provided with a limited license to use the Items, strictly in accordance with clause 9.2.

(b) In relation to all Items, you must:

(i) use and store such Items with due care and skill and in accordance with any manuals or directions from Overnight Adventures and otherwise in accordance with how such Items must be used and stored;

(ii) not damage the Items;

(iii) only use Items for the purpose which Overnight Adventures intends, as contemplated by the Order or as otherwise advised by Overnight Adventures;

(iv) Return the Items to Overnight Adventures in the same condition as when it was Dispatched to you, and otherwise in accordance with clause 16.2; and

(v) indemnify Overnight Adventures in respect of all costs or losses associated with your damage to, or loss of, or use of the Items (including cleaning fees).

(d) Notwithstanding the remainder of this clause 18, in respect of any Items that is consumable or usable, including toiletries, food, opal cards and other related products:

(i) the license in clause 18(a) allows you to consume and/or use such products (for their intended use) during your Hire Period; and

(ii) at the end of the Hire Period, you must Return such products to Overnight Adventures in the same condition as when Dispatched to you (excluding any portions that you consumed and excluding food, in relation to which you must only Return the storage bag that Overnight Adventures provided for the food).

19. Services

In the course of purchasing the Trip Packages or renting Items, Overnight Adventures may provide Services to you. In respect of the Services, you agree and acknowledge that:

(a) Overnight Adventures may elect, in its absolute discretion, to provide the Services;

(b) you will be liable for any campsite costs or other third party costs associated with the Services (except to the extent that it is included in your Trip Package);

(c) in the event that Overnight Adventures agrees to provide the Services, it may perform the Services in the manner, and at the times, it determines appropriate;

(d) you hereby consent to Overnight Adventures disclosing your information to third parties in order to provide the Services, including when booking a campsite and/or transport for you, or arranging a Courier to deliver your Order to you;

(e) in the event that you do not comply with these Terms, Overnight Adventures may cease providing the Services; and

(f) you release Overnight Adventures from any claims, demands, losses and other costs associated with its provision of the Services.

20. Emergencies

(a) Overnight Adventures advises that there is often little, or no, mobile reception when undertaking a Trip Package and/or the Activities and that you might encounter dangerous situations. Overnight Adventures recommends that each Participant rent a personal locator beacon (the Beacon), satellite phone and credit, and first aid kit, as part of each Order, and that each Participant have basic first aid training. If you choose not to do so, it is at your own risk.

(b) In the event of an emergency which you believe, acting reasonably, requires emergency rescue services, you should activate your Beacon in accordance with the manufacturer instructions and/or use your satellite phone to contact help. You acknowledge that, if you activate your Beacon:

(i) rescue services will be notified and will attempt to locate you;

(ii) Overnight Adventures will endeavour to provide reasonable assistance to rescue services to locate you (however Overnight Adventures shall be released from any liability to due Overnight Adventures’ unavailability or the nature of any assistance Overnight Adventures provides); and

(iii) you will be liable for any rescue and associated costs, to the extent that they are not covered by your Medicare or your insurer, if applicable.

(c) You should use the first aid kit with due care and skill and in accordance with basic first aid training and principles.

21. Cancellation

Overnight Adventures understands that plans change, and endeavours to work with our customers to be flexible, but please note the following:

(a) Overnight Adventures reserves the right to cancel your Order at any time, in which event Overnight Adventures will refund you any money that you have paid for that Order within fourteen (14) days. In the event that Overnight Adventures cancels your Order as a result of your breach of these Terms, you agree that Overnight Adventures will be entitled to retain a Cancellation Fee, and will refund the remainder of what you have paid, less the Cancellation Fee, within fourteen (14) days.

(b) If you wish to cancel an Order, you may email Overnight Adventures requesting its consent to do so (which Overnight Adventures may grant in its discretion). In such circumstances, if you wish to cancel your Order:

(i) within twenty four (24) hours of submitting the Order, you will receive a full refund for the Order (less any out-of-pocket expenses that Overnight Adventures has already incurred in relation to your Order); or

(ii) otherwise, Overnight Adventures will be entitled to retain a Cancellation Fee in addition to any out-of-pocket expenses that Overnight Adventures has already incurred in relation to your Order (unless otherwise confirmed by Overnight Adventures).

(c) If you or Overnight Adventures wishes to cancel an Order as a result of government legislation prohibiting the Activities or use of the Trip Package, Overnight Adventures may at their discretion provide a credit for the value of the Order, to be used within 12 months of the original Hire Period.

(d) Please note that if Overnight Adventures has already Dispatched your Order, you are not entitled to cancel the Order. If you wish to do so, you will forfeit the entire Price for the Order.

(e) Where Overnight Adventures’ services are dependent on a third party making a venue available and that venue is no longer available (for example a festival organiser cancels a festival), Overnight Adventures may at their discretion provide a credit for the value of the Order, to be used within 12 months of the original Hire Period.

Sales

22. Delivery

(a) Subject to your compliance with these Terms, Overnight Adventures will supply the Items in your Order to you.

(c) Overnight Adventures makes no representations or warranties as to the shipping duration from when your Order is placed to when the Items are Delivered. Any durations indicated on the Website or otherwise are estimates only. Overnight Adventures will use reasonable endeavours to deliver products within the time frames shown.

(d) Overnight Adventures will not be liable for delay in Delivering Items which is beyond their reasonable control (eg. If stock is unavailable). If the Items have not been Delivered within a reasonable time (depending on the nature of the Items and the Nominated Address, and at Overnight Adventures’ discretion), please contact us if you wish to cancel your Order for those Items and request a refund.

(e) In the event that you provide an incorrect address to Overnight Adventures, or the Order is not able to be Delivered due to your not being at the Nominated Address on Delivery (or any other times advised by Overnight Adventures) or because there is not clear and safe access for Delivery, or if a Courier advises us that they were not able to Deliver your Order for any reason, you will be liable to pay an additional delivery fee, as advised by Overnight Adventures, or Overnight Adventures may cancel your Order and provide you with a refund, less any applicable delivery fees at Overnight Adventures’ discretion.

(f) Some Items may require additional delivery charges due to weight, bulk, or location of the Nominated Address. This will be advised to you in writing before or after submission of your Order. The Order will only be fulfilled once you give your approval to these charges, either by paying for the full amount of the Order (including any delivery fees) if charges have been advised prior to submission of the Order, or providing your written approval if charges are advised following the submission of your Order. Overnight Adventures or Couriers will deposit Items at ground level at the Nominated Address unless you have previously arranged otherwise with Overnight Adventures. You grant Overnight Adventures or Couriers authority to leave your Order unattended upon Delivery.

(g) Upon Dispatch, the risk and title in the Items in the Order passes to you.

(h) If there are multiple Items in an Order, you acknowledge that they might be Delivered separately, depending on availability.

23. Sales Conditions

You may purchase Items from Overnight Adventures, either by placing an Order on the Website, by phone or by email. Should you place such an Order and Overnight Adventures accepts your Order in writing (for instance, by email confirmation or issue of an invoice), then:

(a) you must pay the purchase Price (as advised by Overnight Adventures) upfront, plus any delivery costs;

(b) you acknowledge and agree that, from time to time, certain Items may be out of stock or unavailable. Overnight Adventures reserves the right to withdraw or suspend from sale any Items displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Overnight Adventures will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Items at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all. (c) you must comply with Overnight Adventures’ other terms of sale, as advised to you.

Upon submitting your Order on the Website, you will be directed to an automated confirmation screen. This screen does not constitute acceptance of your Order by Overnight Adventures and your Order is not accepted by Overnight Adventures until you receive an email confirmation.

24. Returns/ Faulty or Damaged Items

(a) You should check your Items as soon as they are delivered to you and agree to contact Overnight Adventures within twenty-four (24) hours if::

(i) they are not what you ordered; and

(ii) they are damaged or faulty.

(b) If you have a problem with any Items or otherwise wish to return them, please refer to Overnight Adventures’ Refunds and Returns Policy, which forms part of these Terms.

(i) please provide Overnight Adventures with your proof of purchase;

(ii) to the extent permitted under the Australian Consumer Law, it is a requirement for the fulfilment of refunds, exchanges and warranties that you use your best endeavours to return all out-of-the-box accessories supplied at the time of original purchase. You are also encouraged to use the original packaging where possible in order to avoid damage in transit.

You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Items themselves.