TERMS AND CONDITIONS
This website is operated by CLOUDBASE PARAGLIDING AUSTRALIA. Throughout the site, the terms “we”, “us” and “our” refer to CLOUDBASE PARAGLIDING. or Cloudbase. CLOUDBASE PARAGLIDING offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (AS APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Your contract to purchase is not complete until we send you an email notifying you that your items have been dispatched. Prior to the dispatch of your order or items, your order can be canceled for any reason.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CLOUDBASE PARAGLIDING, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless CLOUDBASE PARAGLIDING and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the consumer rights laws constituted in Australia.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 20 – GIFT VOUCHERS
Our gift vouchers are valid for 12 months from the date of purchase. Once the gift voucher has reached the end of its validity period, and so passed its expiry date, it will have therefore expired and no longer be valid.
We do not give refunds for gift vouchers.
Our gift vouchers are non-transferable and not for resale. Unless expressly approved in writing, we do not allow our gift vouchers to be transferred into another person’s name or sold to someone else.
Our gift vouchers do not have a cash value. This means that they cannot be redeemed for cash.
SECTION 21 – INTERNATIONAL SHIPPING RESTRICTIONS
We aim to make as much of our product range available to all of our customers as possible. However, in some instances, it may not be possible to ship some items internationally due to courier and import restrictions. Our team will be in contact should there be an item that we can’t ship to your location. Should you have any questions please take a look at our shipping policy.
SECTION 22 – PARAGLIDING LESSONS, COURSES, TANDEM FLIGHTS & TUITION CREDIT
Excluding breaches of the cancellations policy, all of our paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights, and gift vouchers are valid for 12 months from the date of purchase. This means that the paragliding lesson, paragliding course, paragliding tuition credit, or tandem paraglider flight must be completed within 12 months from the date of purchase after which they will expire and therefore no longer be valid. Once the paragliding lesson, paragliding course, paragliding tuition credit, tandem paraglider flight, or gift voucher you have purchased from us has reached the end of its validity period, and so passed its expiry date, it will have therefore expired and no longer be valid. This means that once the expiry date has been reached you will no longer be entitled to book into our diary.
If you have a CLOUDBASE PARAGLIDING Paragliding gift voucher for a paragliding lesson, paragliding course, paragliding tuition credit, or tandem paraglider flight with us then the paragliding lesson, paragliding course, paragliding tuition credit, or tandem paraglider flight which the voucher entitles you to must be completed before the expiry date of the voucher after which they will expire and therefore no longer be valid. In other words, you have until the expiry date of the voucher to complete the paragliding lesson, paragliding course, paragliding tuition credit, or tandem paraglider flight the voucher entitles you to after which you will no longer be entitled to book into our diary anymore.
The 12 month validity period for all of our paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights, and gift vouchers takes into account availability in our diary and applies to all instances, regardless of any reasons given or circumstances, including outside influences such as the weather.
As paragliding is a totally weather-dependent activity, we recommend that you should book in as soon as possible, subject to availability in our diary, as it is not unusual to have days cancelled due to unsuitable weather conditions.
NO REFUNDS POLICY
We do not give refunds under any circumstances for any paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights or gift vouchers.
NON-TRANSFERABLE & NOT FOR RESALE
All of our paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights, and gift vouchers are non-transferable and not for resale. We do not allow our paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights, or gift vouchers to be transferred into another person’s name or sold to someone else.
NO CASH VALUE
Our paragliding lessons, paragliding courses, paragliding tuition credit, tandem paraglider flights, and gift vouchers do not have a cash value. This means that they cannot be redeemed for cash.
BOOKINGS & CANCELLATIONS POLICY – COURSES IN AUSTRALIA
We require a minimum of 7 days notice for any bookings cancellations. These 7 days will be taken from 09:00 AM on the day you are booked into our diary (for example if you were booked in on a Sunday you would need to cancel your booking before 09:00 AM the Sunday prior). Any bookings cancellations made with less than 7 days notice, taken from 09:00 AM on the day you are booked into our diary, will result in a full loss of credit for that course, regardless of the reason given. Therefore, to avoid being deducted any training credit you must ensure that you give a minimum of 7 days notice for any bookings cancellations, taken from 09:00 AM on the day you are booked into our diary.
SECTION 23 – INTERNATIONAL TOURS
CANCELLATIONS POLICY – BALI TOURS
Please consider that an extremely large amount of time and effort is spent in coordinating our Bali tours.
Terms and Conditions: Although every effort is made, Cloudbase shall not be liable for any illness, injury, damages, loss, delay or failure to join the tour that may occur due to factors beyond our control. We highly recommend all participants have travel/cancellation insurance coverage. Cloudbase retains the right to alter itineraries, sites, days of operation or even cancel tours if unforeseen circumstances occur.
Bali Tour and Hotel fee cancellations are set out as follows:
0% cancellation fee of moneys paid <=60 days before tour commencement
25% cancellation fee of moneys paid <=45 days before tour commencement
50% cancellation fee of moneys paid <=30 days before tour commencement
100% cancellation fee of moneys paid <=14 days before tour commencement
At our discretion, we may cancel a tour at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not safe for us to facilitate the tour as planned.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to travel insurance excess or non-refundable flights.
You are strongly advised to take out travel/cancellation insurance at the time of booking which will cover cancellation fees. If the reason for cancellation falls within the terms of any holiday insurance policy which you have in place, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.
FORCE MAJEURE CONSIDERATION
Cloudbase will not be liable for any breach of contract due to any matter or thing beyond our control – including but not limited to (a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority
(b) ionising radiation or contamination, radioactivity from any nuclear fuel or nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component
(c) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds (d) earthquakes, flood, fire or another physical natural disaster, but excluding weather conditions regardless of the severity
(e) strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subContractors or its suppliers, and which affect an essential portion of the works, but excluding any industrial dispute which is specific to the performance of the works or this contract.
As Bali has experienced volcanic eruptions in the past, please ensure that you have this component covered within your travel policy to avoid any interruption costs associated with not being able to fly in or out of Denpasar.