About These Terms

These Terms and Conditions apply to the purchase and use of tours, experiences and tour passes offered through the Explore St Kilda website or associated digital platforms.

Explore St Kilda is operated by Australian Directory Services Pty Ltd, ABN 65 107 337 628, of Suite 36, 244 Carlisle Street, Balaclava 3183, referred to in these Terms as “Explore St Kilda”, “we”, “us” or “our”.

The person purchasing a Tour is referred to as the “Purchaser”, “you” or “your”.

Each person participating in a Tour using your Tour Pass is referred to as a “Participant”.

By purchasing, activating or using a Tour Pass, you confirm that you have read and accepted these Terms. You must also ensure that every Participant in your group is made aware of the relevant safety requirements and conditions.

Tour Information

Explore St Kilda offers digital and self-guided tours designed to help Participants explore local attractions, landmarks, history and participating businesses.

Specific information about each Tour, including its route, duration, inclusions, accessibility, group size, validity period and price, will be displayed on the relevant Tour purchase page.

If there is any inconsistency between these Terms and the specific information displayed on a Tour purchase page, the specific information for that Tour will apply, provided it complies with applicable law.

Unless expressly stated otherwise, Explore St Kilda Tours are self-guided. No guide or Explore St Kilda representative accompanies Participants during the Tour.

Price and Payment

The current price of the Explore St Kilda Tour is $39 for one Tour Pass.

Unless stated otherwise on the purchase page:

1. The advertised consumer price includes GST.
2. Each Tour Pass is valid for 30 days from the date of purchase.
3. A Tour Pass provides access to one Explore St Kilda Tour experience during its validity period.
4. Payment must be made in full before access to the Tour is provided.
5. Any processing or transaction fee will be disclosed before payment is completed.

Prices for future Tours may vary. The price displayed at checkout is the price payable for that purchase.

Purchaser Requirements

The Purchaser must be at least 18 years of age or have the permission of a parent or legal guardian.

The Purchaser is responsible for:

1. Providing an accurate email address and contact information.
2. Ensuring the device used for the Tour is compatible and has sufficient battery power, internet access and mobile data.
3. Protecting the Tour access link, code or login details.
4. Ensuring the Tour Pass is only used by the permitted number of Participants.
5. Supervising any Participants under 18 years of age.
6. Informing all Participants of these Terms and relevant safety information.

Delivery of Tour Access

Tour access will ordinarily be provided electronically after successful payment.

The Purchaser should check the email address supplied during checkout, including any spam or junk folder.

If Tour access is not received within a reasonable period, the Purchaser must contact Explore St Kilda at: Request Assistance Link, located in the footer of site.

Explore St Kilda is not responsible for delays caused by:

1. An incorrect email address supplied by the Purchaser.
2. Email filtering or delivery issues outside our reasonable control.
3. The Purchaser’s device, internet service or mobile network.
4. A payment that has not been successfully processed.

We will take reasonable steps to assist where a Purchaser experiences an access problem.

Tour Pass Validity

Unless the relevant Tour page states otherwise, a Tour Pass remains valid for 30 days from the date of purchase.

The Tour must be started and completed within this validity period.

The expiry date will not be extended merely because the Purchaser did not have time to use the Tour, changed their plans or forgot to complete it.

Explore St Kilda may provide an extension where exceptional circumstances apply. Any extension is at our discretion unless required by law.

Permitted Use

A Tour Pass is provided for personal and non-commercial use.

The Purchaser and Participants must not:

1. Sell, resell or commercially distribute the Tour Pass.
2. Share the Tour access details with another group.
3. Copy, reproduce, publish or distribute Tour content.
4. Record or reproduce substantial parts of the Tour for commercial or public use.
5. Attempt to bypass any access, verification or redemption system.
6. Use automated systems to extract information from the Tour.
7. Interfere with the website, Tour platform or another customer’s access.

Unauthorised use may result in the Tour Pass being suspended or cancelled without a refund, except where a refund is required by law.

Tour Pass Use

Each Tour Pass provides access to one Explore St Kilda Tour experience and is valid for 30 days from the date of purchase.

Participants may enjoy the experience together, with no fixed group size specified by Explore St Kilda.

Each Tour Pass must be used in accordance with these Terms and Conditions and within its validity period.

Businesses, schools, tour operators, event organisers and other organisations wishing to arrange group activities should contact Explore St Kilda to discuss their requirements.

Self-Guided Nature of the Tour

Participants choose when to begin the Tour, subject to the validity period and any operating hours of participating businesses or attractions.

Tour information, route suggestions and directions are provided as general guidance.

Participants remain responsible for:

1. Deciding whether a route or location is safe and suitable.
2. Observing signs, barriers, road rules and lawful directions.
3. Using pedestrian crossings and designated pathways where available.
4. Avoiding restricted, closed, unsafe or private areas.
5. Adjusting or discontinuing the Tour where conditions are unsuitable.
6. Respecting local residents, businesses, wildlife and public spaces.

Explore St Kilda does not control public roads, footpaths, parks, beaches, attractions, construction works, traffic, weather or the conduct of other people.

Safety and Personal Responsibility

Participation may involve walking, crossing roads, navigating public spaces and visiting independent businesses.

Before commencing, each Participant should consider their health, mobility, fitness, medical conditions and the expected weather conditions.

Participants should wear suitable footwear and clothing, remain hydrated and carry any medication or personal equipment they may require.

Participants must not participate while impaired by alcohol, drugs, illness, fatigue or any other condition that may affect their safety or judgement.

A Participant must stop the Tour and seek assistance if they feel unwell or encounter an unsafe situation.

In an emergency, Participants should call 000.

Children and Supervision

Children and people requiring assistance must be supervised by a responsible adult at all times.

Parents, guardians and supervising adults are responsible for determining whether the Tour is suitable for the people in their care.

Explore St Kilda does not provide supervision, childcare or personal assistance during a self guided Tour.

Accessibility

Explore St Kilda aims to provide useful information about accessibility where reasonably available.

However, routes, public infrastructure, attractions and participating businesses may have steps, uneven surfaces, restricted access, crowded areas or other accessibility limitations.

Purchasers with specific accessibility requirements should contact Explore St Kilda before purchasing and should also confirm access directly with any participating business they intend to visit.

We do not guarantee that every Tour, route or participating business will be suitable for every Participant.

Weather and Local Conditions

The Purchaser is responsible for checking weather forecasts and local conditions before commencing the Tour.

A Tour may generally be completed on another day within its validity period if the weather or local conditions are unsuitable.

A change in weather does not automatically entitle the Purchaser to a refund where the Tour remains available during the validity period.

Nothing in this clause limits any rights or remedies available under the Australian Consumer Law.

Route and Content Changes

Tour routes, clues, questions, locations, attractions and other content may be updated where reasonably necessary.

Changes may be required because of:

1. Road or footpath works.
2. Public events.
3. Business closures.
4. Safety concerns.
5. Changes to public access.
6. Incorrect or outdated information.
7. Circumstances outside our reasonable control.

Explore St Kilda will take reasonable steps to ensure that any material change does not substantially reduce the overall Tour experience.

If a location is temporarily unavailable, the Tour may direct Participants to skip that location or use an alternative.

Included Vendor Vouchers

A Tour may provide access to discounts, offers or promotional vouchers from participating businesses.

The specific value, availability and conditions of each voucher will be displayed with that voucher.

Vendor voucher conditions may include:

1. An expiry date.
2. Booking requirements.
3. Operating hours.
4. Product or service exclusions.
5. A minimum purchase amount.
6. Limits on the number of redemptions.
7. A requirement to present the voucher before ordering or purchasing.
8. Availability restrictions.

The Purchaser and Participants must review the individual voucher conditions before attempting redemption.

Unless a voucher expressly states otherwise:

1. It may only be redeemed once.
2. It cannot be exchanged for cash.
3. It cannot be combined with another discount or promotional offer.
4. It is subject to the participating Vendor’s availability.
5. It must be presented or validated in the required manner.

Participating Vendors

Participating Vendors are independent businesses.

Explore St Kilda is not an owner, operator, partner, agent, employee, representative or franchisee of a participating Vendor.

The Vendor, not Explore St Kilda, supplies the products or services offered through its voucher.

The Vendor is responsible for:

1. Honouring valid vouchers.
2. The quality, safety and availability of its products and services.
3. Bookings, cancellations and waiting times.
4. Customer service.
5. Compliance with the Australian Consumer Law and other applicable laws.
6. Resolving complaints concerning its products or services.

A customer concern relating to the Tour platform or access should be directed to Explore St Kilda. A concern relating to a Vendor’s product, service, premises or customer service should first be directed to that Vendor.

Explore St Kilda may assist with communication where appropriate but is not required to determine a dispute between a Participant and a Vendor.

Voucher Availability

Explore St Kilda takes reasonable steps to keep voucher information current. However, participating Vendors, available offers and voucher conditions may change.

A particular voucher or Vendor is not guaranteed to remain available for the entire Tour Pass validity period.

If a voucher becomes unavailable, Explore St Kilda may:

1. Replace it with a comparable voucher.
2. Provide an alternative offer.
3. Remove it from the Tour.

A change to an individual voucher does not automatically entitle the Purchaser to a refund where the Tour can still be completed and its overall value has not been materially reduced.

Nothing in this clause limits the Purchaser’s rights under the Australian Consumer Law.

Voucher Savings

Any description of potential voucher savings represents the combined advertised value that may be available if applicable vouchers are used in accordance with their conditions.

Actual savings will depend on:

1. Which vouchers the Participants choose to redeem.
2. The products or services purchased.
3. Eligibility and availability.
4. The number of Participants.
5. The individual conditions of each voucher.

Explore St Kilda does not guarantee that every Purchaser will achieve a particular saving or redeem every available voucher.

Voluntary 24 Hour Refund Policy

In addition to any rights available under the Australian Consumer Law, the Purchaser may request a refund within 24 hours of purchase if:

1. No included Vendor voucher has been redeemed.
2. The Tour Pass has not been transferred, shared or misused.
3. The refund request is submitted to info@explorestkilda, within 24 hours of the recorded purchase time.
4. The Purchaser provides their name, order number and purchase email address.

Accessing or viewing part of the Tour does not automatically prevent a request under this voluntary policy, provided no Vendor voucher has been redeemed.

Once a refund is approved, the Tour Pass will be cancelled and must not be used.

A refund will ordinarily be returned to the original payment method. Processing times may depend on the relevant financial institution or payment provider.

Refunds After 24 Hours

Explore St Kilda is not required to provide a refund after the voluntary 24-hour refund period merely because:

1. The Purchaser changed their mind.
2. The Purchaser no longer wishes to participate.
3. The Purchaser did not complete the Tour within the validity period.
4. The weather was unsuitable on the Purchaser’s preferred day but the Tour remained available at other times.
5. A Participant arrived outside a Vendor’s operating hours.
6. A Participant did not meet a clearly disclosed voucher condition.
7. The Purchaser’s device had insufficient power, data or internet access.

This clause does not limit any right to a refund, replacement service or other remedy under the Australian Consumer Law.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded.

Where there is a major failure with the Tour service, the Purchaser may be entitled to cancel the service and receive a refund.

Where a failure is minor, Explore St Kilda may be entitled to correct the problem within a reasonable time.

Available remedies will depend on the nature and circumstances of the problem.

Technical Problems

Explore St Kilda will take reasonable steps to maintain access to its Tour platform but does not guarantee uninterrupted or error free operation.

If the Purchaser experiences a technical problem, they must notify Explore St Kilda as soon as reasonably possible and provide sufficient details for us to investigate. There is a ‘request assistance’ link in the footer or the website: explorestkilda.com.au.

Where reasonably possible, we may:

1. Restore access.
2. Provide replacement access details.
3. Extend the Tour validity period.
4. Supply an alternative way to access relevant Tour content.
5. Provide another remedy required by law.

Explore St Kilda is not responsible for technical problems caused by the Purchaser’s device, settings, mobile provider, internet connection or failure to follow reasonable access instructions.

Intellectual Property

All intellectual property in the Tour, including its wording, structure, questions, clues, images, maps, graphics, videos, audio, branding and digital content, belongs to Explore St Kilda or its licensors.

Purchase of a Tour Pass grants Participants a limited, revocable, non-transferable licence to access and use the Tour for personal purposes during the applicable validity period.

No ownership rights are transferred to the Purchaser or any Participant.

Photographs and Social Media

Participants may take photographs for personal use unless photography is prohibited at a particular location.

The Explore St Kilda name, logo and Tour content must not be used to suggest a commercial relationship, sponsorship or endorsement without our written permission.

Tagging or mentioning Explore St Kilda on social media is voluntary, but is encouraged.

Explore St Kilda will not use a Participant’s identifiable photograph for promotional purposes without permission, unless the content has been publicly shared with Explore St Kilda in circumstances that reasonably permit resharing.

Privacy

Explore St Kilda collects and handles personal information in accordance with its Privacy Policy and applicable privacy laws.

Personal information may be used to:

1. Process purchases and payments.
2. Deliver Tour access.
3. Provide customer assistance.
4. Prevent fraud or misuse.
5. Communicate important Tour information.
6. Send marketing communications where consent has been provided.

Participants may unsubscribe from marketing communications at any time.

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies liability or rights that cannot lawfully be excluded.

To the maximum extent permitted by law, Explore St Kilda is not responsible for loss or damage caused by:

1. A Participant’s failure to follow these Terms or reasonable safety precautions.
2. A participating Vendor’s products, services, premises, conduct or omissions.
3. Public infrastructure, traffic, construction, weather or third party conduct outside our reasonable control.
4. Unauthorised sharing or misuse of a Tour Pass.
5. A Participant entering a prohibited, closed, private or unsafe area.

Explore St Kilda does not seek to exclude liability for its own negligence where that liability cannot lawfully be excluded.

Suspension or Cancellation of Access

Explore St Kilda may suspend or cancel a Tour Pass where there is reasonable evidence of:

1. Fraud or an unauthorised payment.
2. Resale or unauthorised sharing.
3. Commercial reproduction of Tour content.
4. Misuse of Vendor vouchers.
5. Interference with the Tour platform.
6. Unlawful, abusive or dangerous conduct.

Where reasonably practicable, the Purchaser will be given an opportunity to respond before access is permanently cancelled.

A refund is not payable where access is reasonably cancelled because of the Purchaser’s serious breach of these Terms, except where required by law.

Events Outside Our Reasonable Control

Explore St Kilda is not responsible for delay or failure caused by circumstances outside our reasonable control, including severe weather, emergencies, government directions, public events, transport disruption, road closures, telecommunications failures or the closure of public spaces.

Where such an event materially prevents the Tour from being provided, we will offer an appropriate solution, which may include an extension, replacement Tour, credit or refund, depending on the circumstances and applicable law.

Changes to These Terms

Explore St Kilda may update these Terms where reasonably necessary to reflect changes in law, technology or the way Tours operate.

The Terms accepted at the time of purchase will ordinarily apply to that purchase.

Any change required for legal, security or safety reasons may apply immediately, provided it does not remove a right that cannot lawfully be excluded.

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted as narrowly as necessary to make it valid and enforceable.

If that is not possible, only the affected provision will be removed. The remaining provisions will continue to apply.

Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Victoria and any courts entitled to hear appeals from them.