Burradoo Park Farm — Booking Terms and Conditions

These Booking Terms and Conditions (Booking Terms) govern the purchase and use of services offered by SMART Collective Pty Limited (ACN 682 342 981) (together, SMART Collective, we, us or our) at Burradoo Park Farm, including education experiences, tours, farm experiences and any other services offered by us, wherever delivered (Services). Persons attending any part of BPF (Visitors) do so at the discretion of SMART Collective. The Website (Site) is operated by SMART Collective and is available at https://burradooparkfarm.com/. By making a booking for any Services or using the Site, you agree to be bound by these Booking Terms and the Visitor Terms.

1. Acknowledgement of Terms

1.1By making a booking, paying a deposit or paying any costs in respect of the Services, each customer (Customer, and any person under their care or supervision) acknowledges and accepts:
  • (a)these Booking Terms;
  • (b)the Burradoo Park Farm Visitor Terms and Conditions (Visitor Terms), as published at https://burradooparkfarm.com/terms/ and as amended from time to time, on behalf of themselves and all persons in their booking;
  • (c)that the Visitor Terms apply to all persons included in the booking and will bind all such persons upon use of any of the Services or entry upon BPF;
  • (d)the Risk Warning set out in the Visitor Terms applies to all Services; and
  • (e)the inherent, Obvious Risks and other risks associated with attending BPF and participating in activities as described in the Visitor Terms.
1.2We may amend these Booking Terms at any time by publishing updated terms on the Site.
1.3The Customer warrants that they have authority to accept these Booking Terms and the Visitor Terms on behalf of all persons included in the booking and agrees to indemnify SMART Collective against any claim arising from failure to obtain such authority.

2. Use of Our Site

2.1These Booking Terms apply to your use of our Site, the submission of any booking form and your participation in the booking process following the submission of any booking form, and to receipt and use of the Services.
2.2SMART Collective grants you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Booking Terms and all other uses are prohibited without our prior written consent.
2.3You are strictly prohibited from using our Site in any way that competes with our business.
2.4All content on the Site, including text, images, graphics, logos, icons and software, is owned by or licensed to SMART Collective and is protected by applicable intellectual property laws. You must not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.
2.5In addition to clause 2.3, when using our Site you must not:
  • (a)transmit any harmful, offensive or unlawful content;
  • (b)scrape, harvest or extract data from the Site by automated or other means;
  • (c)attempt to gain unauthorised access to any part of the Site or its related systems or networks;
  • (d)introduce any virus, malware or other harmful or disruptive code to the Site; or
  • (e)misrepresent your identity or affiliation in connection with any use of the Site.
2.6Our Site may contain links to third-party websites. SMART Collective does not endorse, control or accept responsibility for the content, privacy practices or terms of any third-party website, and your access to or use of any linked website is entirely at your own risk.
2.7SMART Collective does not warrant that the Site will be available at all times or free from errors, interruptions or defects. We reserve the right to suspend, withdraw or restrict access to any part of the Site at any time and without notice.

3. Making a Booking

3.1You may book offered Services from us, using the booking process on our Site or by contacting us directly.
3.2SMART Collective reserves the right at all times to accept or reject any booking, for any reason, at our discretion.
3.3Your booking will be complete upon payment of the booking amount in full. Once the booking is completed, you may not amend or cancel your booking other than in accordance with these Booking Terms.
3.4SMART Collective reserves the right to correct any pricing errors or inaccuracies in the booking process, even after a booking request has been submitted.
3.5All bookings are subject to availability and operational capacity, including BPF capacity and safety considerations.
3.6When making a booking, you must provide accurate, current and complete information as required by the booking process. SMART Collective is not liable for any loss or disruption arising from inaccurate or incomplete information provided by you at the time of booking.
3.7A booking will be confirmed by SMART Collective by written confirmation (including by email) in a booking confirmation form, following receipt of the required payment. No booking will be considered confirmed until written confirmation has been issued by SMART Collective.
3.8Bookings must be made by a person aged 18 years or over. By making a booking, you confirm that you are at least 18 years of age and that you have the authority to make the booking on behalf of all persons included in it.

4. Payment of Costs

4.1The total amount payable for a booking is determined by the Services selected during the booking process.
4.2Customers agree to pay the costs as set out in the booking confirmation by the times required therein.
4.3All costs are in Australian dollars and include GST unless otherwise indicated.
4.4Transaction and/or payment processing fees may apply in addition to the booking fees depending on the method of payment.
4.5Payment in full may be required at the time of booking for specific Services.
4.6SMART Collective reserves the right to cancel your booking, or accept other bookings, if the booking amount owed is not paid to us in accordance with these Booking Terms.
4.7The Customer authorises SMART Collective to charge any outstanding amounts, fees or charges to the payment method provided at the time of booking.
4.8Where a deposit is required to secure a booking, the deposit amount will be specified during the booking process. The remaining balance must be paid in full no later than as indicated in the relevant booking confirmation. Where the balance is not received by the due date, SMART Collective reserves the right to cancel the booking and forfeit the deposit in accordance with the cancellation policy set out in clause 5.
4.9If the Customer fails to make any payment by the due date, SMART Collective reserves the right to suspend or cancel the booking. The Customer is liable for all reasonable costs incurred by SMART Collective in recovering any outstanding amounts.
4.10If any payment is declined or fails for any reason, the Customer must notify SMART Collective and take all reasonable steps to resolve the failed payment as soon as reasonably practicable. SMART Collective is not liable for any loss or disruption to the booking arising from a failed or declined payment.

5. Cancellation or Amendment of Services by SMART Collective

5.1Customers agree to and acknowledge that SMART Collective reserves the right to cancel, reschedule or amend the Services due to the following, non-exhaustive circumstances:
  • (a)inclement weather;
  • (b)unavailability of any equipment or other item required for the safe provision of any Services;
  • (c)a Force Majeure event;
  • (d)any and all safety concerns for Customers, SMART Collective Personnel or other persons; or
  • (e)payment of booking costs has not been effected by the Customer within the required time.
5.2If a Customer cancels their booking more than 7 days prior to the commencement of the booking, SMART Collective may credit or refund the amount paid at our discretion.
5.3If a Customer cancels their booking less than 7 days prior to the commencement of the booking, SMART Collective is entitled to retain the amount paid in full as forfeited.
5.4If a booking is cancelled or amended by SMART Collective due to any of the reasons listed in clause 5.1 above, SMART Collective may, at its discretion:
  • (a)offer a credit;
  • (b)reschedule the Services; or
  • (c)provide a refund (in whole or in part), and to the maximum extent permitted by law.
5.5Nothing in this clause 5 limits any rights available to Customers under the ACL.
5.6If a Customer fails to attend or commence their booking at the scheduled time without prior notice to SMART Collective (No-Show), SMART Collective are entitled to treat the booking as cancelled and retain the full amount paid as forfeited. A No-Show will be treated in the same manner as a cancellation made less than 7 days prior to the commencement of the booking in accordance with clause 5.3.
5.7Any cancellation by a Customer must be communicated to SMART Collective in writing (including by email) prior to the commencement of the booking. Cancellations communicated by any other means will not be considered valid unless confirmed in writing by SMART Collective. The time of cancellation will be taken as the time SMART Collective receives the written notice.
5.8Where SMART Collective issues a credit in accordance with clause 5.2, the credit will remain valid for a period of twelve (12) months from the date of issue. Credits are non-transferable, have no cash value and may only be applied to future bookings made directly with SMART Collective. Any unused credit will expire at the end of the validity period and will not be refunded or extended.

6. Assignment and Subcontracting

6.1A Customer may not assign, transfer or otherwise deal with their booking or any rights arising under these Booking Terms to any other person without the prior written consent of SMART Collective. If you are unable to visit BPF during your booked time for any reason, the cancellation policy as set out in clause 5 will apply.
6.2SMART Collective may at any time assign, transfer or novate any or all of its rights and obligations under these Booking Terms to any related body corporate or successor entity without the prior consent of the Customer. SMART Collective will use reasonable endeavours to notify the Customer of any such assignment in a timely manner.
6.3SMART Collective reserves the right to sub-contract the performance of any of the Services to a third-party operator without the prior consent of the Customer. SMART Collective remains responsible for the provision of the Services to the Customer notwithstanding any such sub-contracting arrangement.

7. Additional Terms

7.1You must maintain the minimum supervision ration of adults to children as specified in your Booking confirmation, and adhere to the age restrictions for all persons forming part of a group booking. You acknowledge and agree that SMART Collective does not assume any responsibility for the supervision of children or minors attending BPF as part of your group.
7.2CCTV and surveillance systems are in operation at BPF. By entering BPF, each Customer and Visitor acknowledges and consents to being recorded by CCTV and surveillance systems.
7.3Footage may be provided to NSW Police or other law enforcement authorities where required by law, and may also be disclosed to SMART Collective’s insurers or legal advisers in connection with any claim or incident.

8. Changing Your Booking

8.1SMART Collective acknowledges that Customers’ circumstances may change prior to the booking period. You must notify us of any change to your booking prior to the commencement of your booking period as soon as possible, ideally no later than 14 days prior to the first date of your booking period.
8.2Any requested booking change will be subject to availability at the time of your desired change.
8.3All requests to change a booking must be submitted to SMART Collective in writing (including by email). A booking change will not be considered confirmed until SMART Collective has issued confirmation of the change.
8.4SMART Collective reserves the right to change your booking due to any unforeseen circumstances. If your booking is cancelled due to any unforeseen circumstance beyond our control, and an alternative time agreeable between you and us is not available, you will receive a refund of the amount you have already paid.

9. Consumer Law Rights

9.1These Booking Terms do not exclude, restrict or modify rights available to Customers under the ACL that cannot be excluded, restricted or modified by agreement.
9.2To the maximum extent permitted by law:
  • (a)SMART Collective excludes all other warranties; and
  • (b)SMART Collective will not be liable for indirect or consequential loss.
9.3Where liability cannot be excluded under the ACL, SMART Collective’s liability is limited to:
  • (a)re-supplying the relevant services; or
  • (b)the cost of re-supplying those services.
9.4To the extent that any Services constitute ‘recreational services’ within the meaning of Section 139A of the Competition and Consumer Act 2010 (Cth), SMART Collective excludes all liability for death or personal injury arising from the supply of those services to the maximum extent permitted by law.

10. Exclusions and Guarantees

10.1Visitors acknowledge and agree that SMART Collective does not guarantee:
  • (a)access to or from all parts of BPF at any given time;
  • (b)that specific activities or experiences will be available or accessible during the booking period;
  • (c)uninterrupted access to particular areas or facilities at BPF;
  • (d)protection against injury, illness or harm arising from wildlife and all animals, weather conditions or natural hazards; and
  • (e)the availability of medical services or emergency evacuation.
10.2Visitors must notify Personnel as soon as practicable if injury or illness occurs.

11. Privacy

11.1Personal information collected from Customers will be handled in accordance with our Privacy Policy, available at https://burradooparkfarm.com/privacy/.

12. Limitation of Liability

12.1Subject to clause 9 and to the maximum extent permitted by law, SMART Collective excludes all liability for any indirect, special, consequential or punitive loss or damage, including loss of revenue, loss of profits, loss of enjoyment or loss of anticipated savings, however caused, whether in contract, tort (including negligence), statute or otherwise.
12.2Nothing in this clause 12 excludes, restricts or modifies any right or guarantee available to Customers under the ACL that cannot be excluded, restricted or modified by agreement. Where SMART Collective’s liability cannot be excluded under the ACL, that liability is limited in accordance with clause 9.3.
12.3To the maximum extent permitted by law, SMART Collective is not responsible for any Loss caused by the acts or omissions of any independent third party not engaged by SMART Collective, including other Visitors to BPF, or arising from any third-party services.
12.4Each Customer indemnifies SMART Collective and its Personnel against any Claim arising from or in connection with:
  • (a)the Customer’s breach of these Booking Terms and/or the Visitor Terms;
  • (b)any negligent or unlawful act or omission of the Customer or any person included in their booking; or
  • (c)any damage caused by the Customer or any person in their booking to any property, equipment or other items belonging to or operated by SMART Collective.
12.5Subject to clause 9 and to the maximum extent permitted by law, SMART Collective’s total aggregate liability to a Customer in respect of all Claims arising out of or in connection with these Booking Terms or the Services is limited to the total amount paid by the Customer for the relevant booking to which the Claim relates. For the avoidance of doubt, this limitation does not apply to any liability that cannot be excluded or limited under the ACL.
12.6Where SMART Collective’s liability to a Customer cannot be excluded, that liability will be reduced to the extent that the Customer’s own acts, omissions or negligence contributed to the loss or damage suffered, in accordance with the contributory negligence provisions of the Civil Liability Act.
12.7To the extent of any inconsistency between these Booking Terms and the Visitor Terms, the provisions that provide the greatest protection to SMART Collective will prevail, to the maximum extent permitted by law.

13. Force Majeure

13.1Force Majeure Event means any event beyond SMART Collective’s reasonable control including fire, flood, storm, cyclone, pandemic, government order, biosecurity restriction, wildlife or animal disease outbreak, or any other event preventing safe operation of BPF.
13.2If a Force Majeure Event occurs, SMART Collective may:
  • (a)close BPF or any part of it;
  • (b)cancel or postpone any activities or bookings; and
  • (c)suspend its obligations under these Booking Terms.
13.3SMART Collective is not liable for any Loss arising from a Force Majeure Event, including cancellation of visits or activities.
13.4SMART Collective will use reasonable endeavours to notify affected Customers as soon as reasonably practicable after becoming aware of a Force Majeure Event that affects or is likely to affect their booking. Such notice may be given by email, phone or through the Site and will include, to the extent reasonably practicable, details of the nature of the event, its expected duration and its impact on the Customer’s booking.
13.5SMART Collective will use reasonable endeavours to mitigate the effects of any Force Majeure Event on our Customers and to resume the provision of the Services as soon as reasonably practicable following the cessation of the Force Majeure Event.
13.6Where a booking is cancelled due to a Force Majeure Event:
  • (a)SMART Collective will use reasonable endeavours to offer affected Customers a credit or rebooking to an alternative date, subject to availability;
  • (b)where a credit or alternative booking cannot be offered, SMART Collective will consider refund requests on a case-by-case basis, having regard to any costs already reasonably incurred in connection with the booking; and
  • (c)nothing in this clause 13 limits any rights available to Customers under the ACL that cannot be excluded, restricted or modified by agreement.

14. General

14.1Severability If any provision of these Booking Terms is unenforceable it will be severed and the remaining provisions will continue in effect.
14.2Entire Agreement These Booking Terms and the Visitor Terms constitute the entire agreement between the parties in relation to the Services and supersede all prior discussions or representations.
14.3Waiver A failure or delay by SMART Collective to exercise any right or remedy under these Booking Terms does not constitute a waiver of that right or remedy. No waiver of any breach of these Booking Terms constitutes a waiver of any subsequent breach. No waiver will be effective unless it is made in writing and signed by an authorised representative of SMART Collective.
14.4Notices Any notice or other communication required or permitted to be given under these Booking Terms must be in writing and may be given by email, post or hand delivery. A notice given by email is deemed received at the time of transmission, unless a delivery failure notification is received by the sender. A notice given by post is deemed received three (3) business days after the date of posting. Notices to SMART Collective must be sent to accounts@smartcollective.com. Notices to the Customer will be sent to the email address provided at the time of booking.
14.5Governing Law and Jurisdiction These Booking Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales in respect of any dispute arising out of or in connection with these Booking Terms.

15. Definitions and Interpretation

15.1Definitions
In these Terms, unless the context otherwise requires:
  • (a)ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law.
  • (b)Booking Terms means these Bookings Terms and Conditions, as amended from time to time.
  • (c)BPF or Burradoo Park Farm means Burradoo Park Farm located at Lot 1 on DP60383, 6 Railway Road Burradoo NSW, together with adjoining lots or properties which form part of Burradoo Park Farm.
  • (d)Civil Liability Act means the Civil Liability Act 2002 (NSW).
  • (e)Claim includes any claim, demand, action, proceeding, judgment, damage, loss, liability, cost, expense or penalty however arising and whether present, unascertained, immediate, future or contingent.
  • (f)Customer means any person who makes a booking with SMART Collective for the Services and includes their guests or dependents where the context permits.
  • (g)Force Majeure Event has the meaning given to that term in clause 13.1.
  • (h)Loss includes any loss, damage, liability, cost, charge, expense or outgoing of any kind, including legal costs on a full indemnity basis.
  • (i)Obvious Risk has the meaning given in section 5F of the Civil Liability Act 2002 (NSW).
  • (j)Personnel means SMART Collective’s officers, employees, agents, contractors, volunteers and representatives.
  • (k)SMART Collective, we, us or our means SMART Collective, being the lessee and operator of BPF, and where the context permits includes its Personnel.
  • (l)Visitor means any person who enters, attends or is present at BPF, whether alone, as part of a group, under a booking, invitation or otherwise, and includes any parent, guardian, accompanying person or guest of that person.
15.2Interpretation
Unless the context otherwise requires:
  • (a)the singular includes the plural and vice versa;
  • (b)a reference to a person includes individuals, companies, partnerships, trusts and other entities;
  • (c)a reference to legislation includes amendments or replacements of that legislation; and
  • (d)the words “including” or “for example” do not limit what else might be included.