By registering and/or using the Service, you agree to these Terms of Service, conditions and policies contained on the Site and all notices provided to you in electronic form. The Terms of Service may be updated from time to time without your notice. These Terms of Service applies to all users of the Services, including, but not limited to, registered users, contributors of information and materials or services, or otherwise.
If you are under the age of 18, you may not, under any circumstances or for any reason, to use the Services. If you use the Service from outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By accessing and using the Service you represent and warrant that you are not a registered sex offender with any government entity.
We may terminate your account, with or without any notice effective immediately if we believe you have breached this Agreement, or for any other reason. We are not required to disclose reasons for the termination of your account. Termination will result in the destruction of all information associated with your account. Any fees paid are non-refundable. All provisions of these Terms of Service shall continue in full force and effect.
You agree to indemnify and hold us, and our affiliates, their respective officers, agents and employees harmless from any liability, loss or damage that may suffer as a result of all liabilities, claims, demands, costs or judgements, including reasonable attorney’s fees, that arise from your breach or violation of these Terms of Service, or use or misuse of, or access to the Services, and the violation of any law or regulation by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with us in connection with any defenses.
The Website, Mobile Application and Service (collectively, the “Mashay Properties”) along with all names, logos, trademarks, titles, service names, product names, trade names, graphics, designs, copyrights or other intellectual property are owned by Mashay. Mashay also has ownership of your account and all content generated by you through the use of the Service, and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
The user acknowledges that they can link to other third party websites or sources and is done at your own risk. We are not liable or responsible for any implications as a result of you accessing third party websites or sources. Furthermore, you acknowledge that we will not be liable or responsible for any damage or loss caused or alleged to be caused in connection with the use of or reliance of any third party websites or sources.
“Content” includes, but not limited to, text messages, photography, videos, chat, graphics, information, data, comments, that are posted, submitted, created or distributed by the user whether publically or privately, using the Services. All Content, whether publically or privately transmitted, is the sole responsibility of the original user.
You acknowledge that we may access and disclose your account information and Content if required to do so by law or to comply with legal process.
You acknowledge that all Content accessed using the Service is at your own discretion and risk and you will be solely responsible for any damage, loss or harm caused resulting from such access.
You shall not as part of the Service, post Content that contains offensive, derogatory, inaccurate, threatening, false, misleading, racially offensive, sexually harassing, illegal, or any other material that infringes or violates another users’ rights or the law. Furthermore, you must abstain from posting Content that advocates harassment or intimidation of another user, soliciting personal information from users under the age of 18 or defamatory photography or videography of another user without his or her permission.
Mashay is not a provider of such services or experiences and has no responsibility for any services or experiences provided or not provided by the experience provider or any other party.
The experience providers provide services directly to customers.
Mashay makes no warranty or representation regarding the standard of any service to be provided.
All Mashay vouchers are issued subject to the terms and conditions of each experience provider and these Mashay terms and conditions.
Mashay does not control the business operations of any experience provider.
Mashay make no guarantees or warranties about the services that are provided to you by the experience providers.
All experiences are offered by experience providers subject to availability. Bookings are recommended to be made at least 3 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received the confirmation from the experience provider. Please be advised that some experiences display availability dates on the website. These dates are guidelines only and are subject to change
All Mashay experiences are subject to removal from our platforms at any time without notice.
In the event that an experience is removed from the site and the experience provider is no longer honoring bookings.
Mashay accepts no liability for the removal of experiences from the platforms
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process with an experience provider. Failure to do so may result in loss as the experience provider will be expecting you This is subject to an experience provider’s terms and conditions.
Once your booking has been made, if you cancel it, you may incur a cancellation fee from the experience provider. Our experience providers have their own cancellation policies which you are bound to follow. In the case of short notice cancellations by you, you may lose your voucher completely if the experience provider is unable to fill your space on the day. If an experience provider needs to cancel an experience for any reason, you will be notified as soon as possible in order to reschedule a convenient alternative date. Mashay will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
Many experiences are weather dependent. You will have the experience provider's details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call on the morning of your experience if you have any doubt about the weather suitability. If bad weather affects a booking it will be rescheduled at no cost to you. You are required to reschedule as the voucher is non-refundable.
If you have a problem or a complaint on the day of your experience, please bring this to the experience provider's attention immediately so that issues may be addressed on the spot, where possible.
Some of the experiences that we promote as an agent are considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. Mashay can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.
Independent experience providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up-to-date. However, the content or format of some experiences may change slightly from time to time. It is your responsibility when booking an experience to confirm the final details of each experience. The experience provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the experience provider's terms and conditions at the time your booking is confirmed by the experience provider.
The photographs used on our websites to illustrate single or multi-location experiences are provided to us by experience providers and are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.
Certain experiences provided by experience providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience or forfeit the experience all together.
We encourage you to leave feedback on your experience with Mashay and the experiences Mashay offers.
By submitting any content to Mashay, you represent and warrant that:
You agree to indemnify and hold Mashay (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your rating and review, you agree that Mashay and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
From time to time Mashay may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to Mashay that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
In no event shall we be liable or responsible for any loss or damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. This includes, but is not limited to, death, bodily injury, emotional distress and/or other damages as a result of the use of the Service and communication with other users. If you agree to meet in person with other matches, you agree to take full responsibility and reasonable precautions in all interactions with other users of the Service. You are solely responsible for all interactions with other users and experience providers. We do not conduct background checks with respect to criminal history on our users. We will not inquire into the background checks of all users and we make no representations or warranties as to the conduct of the users or their compatibility with any current or future users. We reserve the right to conduct any criminal background checks or other screenings (such as sex offender register searches), at any time and using available public records.
You understand that the app is provided on an “as is” and “as available” basis and we grant no warranties or representations, whether express, implied, statutory or otherwise, that the Service will be uninterrupted, free from error or defective of errors. Any defective errors are not the responsibility of us to be rectified.
This Terms of Service is subject to change by us at any time.
If any clause or part of a clause of this Agreement is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will firstly, be read down to give it efficacy and, if that is not possible then, secondly, will be deemed to be served from this Agreement and be of no force and effect but all other clauses and parts of clauses of this Agreement will nevertheless prevail and remain in full force and effect and be valid and fully enforceable.
Any and all provisions related to or regarding limitation of liability, indemnification, ownership, content and third party links hereby survive any termination of this Agreement or any termination of your use of the Services.
This document is governed by the Laws of New South Wales of the Commonwealth of Australia and each party irrevocably submits to the jurisdiction of the courts exercising jurisdiction in that State.