Terms of Service
Kalwun Development Corporation Limited ACN 065 676 717
Trading as Jellurgal Aboriginal Cultural Centre

General

Definition and Interpretation

Booking

Amendments to Terms

Payments to Us

Changes By the Customer

Changes By Us

Customer’s Warranties and Covenants

Liability

Behaviour

Clothing

Video Footage and Still images

Entire Agreement

Law

Remedies

Severability

1. General

1.1 These Terms and Conditions of booking set out the Operator’s obligations to the Customer’s commitments to the Operator when the Customer books a Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service.

1.2 These obligations, combined with the information contained on any Booking Request Form or Booking Confirmation Form, are the basis of the Operator’s contract with the Customer.

1.3 It is important that the Customer read through the Terms and Conditions before the Customer books a Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Service.

1.4 It is important to understand that these Terms and Conditions apply for all Jellurgal Aboriginal Cultural Centre Tours and Jellurgal Aboriginal Cultural Centre Services with the Operator whether the Customer has chosen to read them or not, and they are applicable to all the persons attending the Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Service.

2. Definition and Interpretation

2.1 In this Agreement, the Parties agree:

(a) “Agreement” means this agreement between the Operator and the Customer.

(b) “Arrangements” means the date, time and other details of the Jellurgal Aboriginal Cultural Centre Tour booked through the Operator in accordance with this agreement or any other agreement between the Customer and the Operator.

(c) "Booking" means the Arrangement the Customer made with the Operator for the Jellurgal Aboriginal Cultural Centre Service or Jellurgal Aboriginal Cultural Centre Tour.

(d) "Booking Agent" means the Operator’s consultant/contractor or employee with whom the Customer make the Arrangements with for the Jellurgal Aboriginal Cultural Centre Tour.

(e) “Booking Confirmation form” means confirmation of an electronic eticket purchased for the purpose of a Jellurgal Aboriginal Cultural Centre Tour.

(f) “Booking Request Form” means any form adopted by the Operator and provided to the Customer for the purpose of making a Booking for a Jellurgal Aboriginal Cultural Centre Service.

(g) "Booking Price" means the amount charged for the Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service as advised to the Customer by the Operator’s Booking Agent at the time of Booking. Any amounts published are in Australian dollars.

(h) “The Customer” means the person or persons who make a Booking with the Operator.

(i) “Departure Location and Service Location” means the place identified on the Booking Confirmation Form.

(j) “Departure Time and Service Time” means the time of the Booking as stated on the Booking Confirmation Form.

(k) “E-ticket” means an electronic ticket purchased online through the website Jellurgal.com.au

(l) “Jellurgal Aboriginal Cultural Centre Tour" means Jellurgal Walkabout Tour, Jellurgal Journey Tour, Jingeri Jellurgal Tour.

(m) “Jellurgal Aboriginal Cultural Centre Service” means Welcome to Country ceremonies and Dance Performances.

(n) “the Operator” means Kalwun Development Corporation Limited (ACN 065 676 717).It also includes reference to the Operator’s employees, agents, affiliates and related third parties.

(o) “Party” means a party to this Agreement.

(p) “In Writing” means by facsimile, email and/or letter.

(q) “Wildlife” means wild animals collectively; the native fauna (and sometimes flora) of a region.

2.2 In the interpretation of this Agreement:

(a) references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

(b) the parties to this Agreement shall each be referred to as a “Party”, and may collectively be referred to as the “Parties”;

(c) words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

(d) grammatical forms of defined words or phrases have corresponding meanings;

(e) the Parties must perform their obligations on the dates and times fixed by reference to the Gold Coast, Queensland; and

(f) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.

3. Booking

3.1 To book a Jellurgal Aboriginal Cultural Centre Service with the Operator, the Customer must make a Booking with the Operator via a Booking request form and pay the Booking Price. By paying the Booking Price the Customer confirms the accuracy of all information the Customer have provided to the Booking Agent and the Customer accepts these Terms and Conditions.

3.2 To make a Booking for a Jellurgal Aboriginal Cultural Centre Tour the Customer must purchase an e-ticket through the website jellurgal.com.au. The Parties agree that purchasing an e-ticket constitutes an offer by the Customer to enter into a contract with the Operator on the terms set out in this document.

3.3 Print e-ticket and present at Jellurgal Aboriginal Cultural Centre upon arrival.

3.4 Tour participation only granted on presentation of printed e-ticket.

3.5 Valid photo ID and credit card used for purchase may be required to validate.

3.6 The Terms and Conditions constitute the entire Agreement between the Customer and the Operator. It must be understood that if the Customer makes a Booking via telephone or internet, the Customer accepts the Operator’s booking Terms and Conditions.

3.7 The Customer must check all documents (including any tickets or vouchers) that the Operator sends to the Customer and contact the Operator at once if any information on the Booking Confirmation form or any other document appears to be inaccurate, incorrect or incomplete.

3.8 Some Bookings may be subject to promotional terms and conditions, which will be detailed on the website Jellurgal.com.au at the time of booking. All concession Bookings will only be available to pensioners, students and seniors upon the presentation of a valid identification document.

3.9 Should the Customer request a group booking (2 or more people), the Operator may impose a minimum attendance requirement. Any minimum attendance requirement will be detailed at the time of booking on the website. Should this minimum attendance number not be reached a surcharge may be imposed.

4. Amendments to Terms

4.1 The Operator reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Operator’s website and to the Customer In Writing. If the Customer elects to continue with the Booking after receiving notice of an amendment to these Terms and Conditions, the Customer’s election will be deemed to be acceptance of those amendments.

5. Payments to Us

5.1 Bookings are not confirmed or guaranteed until the Booking Price has been paid and the confirmation has been issued to the Customer.

5.2 No confirmation will be issued until the Booking Price has been paid. The Booking Price is correct at the time of publication but the Operator reserves the right to amended the Booking Price without prior notice.

5.3 The Customer shall not be entitled to a refund where the Customer elects to cancel the Booking less than 7 days before for a Jellurgal Aboriginal Cultural Centre Service. For the avoidance of doubt, the Parties acknowledge that the Customer is forfeiting either part or all of the Booking Price as compensation for the Operator’s Loss suffered as a result of the Customer’s breach of the Agreement. If the Customer cancels any service booking, for whatever reason, any deposit paid is non-refundable.

5.4 E-Tickets (tickets purchased online for a Jellurgal Aboriginal Cultural Centre Tour) are non-refundable and cannot be transferred.

5.5 Cancellations of any Booking for a Jellurgal Aboriginal Cultural Centre Service must be sent in writing to This email address is being protected from spambots. You need JavaScript enabled to view it. and will incur the following fees/conditions:

a) cancellations made within seven (7) days of the booking: 50% of the total Booking Price;

b) cancellations made within forty-eight (48) hours of the booking: 75% of the total Booking Price paid;

c) cancellations made within twenty-four (24) hours of the booking: 100% of the total Booking Price paid.

5.6 Notwithstanding the above, the Parties acknowledge that the abovementioned procedure shall not apply to the extent that it is inconsistent with the provisions of the Competition and Consumer Act 2010 (Cth).

5.7 All credit and debit card purchases are made through a secure payment facility. Your credit and debit card will be debited at the time of ordering. In the unlikely event that you believe any unauthorised use of your card has occurred, please immediately notify Jellurgal Aboriginal Cultural Centre via email and contact your bank through your usual communication method.

6. Changes By the Customer

6.1 Any request by the Customer to amend the Booking must be made In Writing.

7. Changes By Us

7.1 If the Operator has to make a significant change to the Customer’s Arrangements at any time the Operator will inform the Customer as soon as possible.

7.2 The Operator reserves the right at any time to cancel or change any Arrangements made, and to substitute, if appropriate, alternative Arrangements, without accepting liability.

7.3 If the Customer are unsatisfied with the alternative arrangements referred to in clause 7.2 (above) the Customer must advise the Operator in Writing within seven (7) days of being notified of the alternate arrangements. If you fail to notify the Operator, no refund will be provided and any deposit paid will be deemed abandon. Any monies paid for the Deposit will be deemed monies for services rendered for making a booking for a Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Services and will not be refunded, unless required by Competition and Consumer Act 2010 (Cth).

7.4 The Operator reserves the right to cancel any Booking, itinerary or tour (before the commencement date of the Arrangement), due to force of nature, health concerns or any other reason outside of the Operator’s control that the Operator, in the Operator’s absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of the Operator.

8. Customer’s Warranties and Covenants

8.1 The Customer Warrants to the Operator that he/she:

(a) and/or all of the members of their Booking has sufficient understanding of the language of English to receive and understand verbal and written instructions and directions;

(b) understands that participating in the Jellurgal Aboriginal Cultural Centre Tour involves an assumption of risk by the Customer;

(c) does not suffer from any medical conditions or physical or mental impairments which will affect their ability to attend the Jellurgal Aboriginal Cultural Centre Tour;

(d) will act in accordance with the instructions of the Operator, its employees and agents during the entirety of the Jellurgal Aboriginal Cultural Centre Tour; and

(e) understands that a breach of any of the warranties in this clause shall constitute a breach of this Agreement, which shall entitle the Operator to terminate the Agreement.

8.2 The Parties expressly agree that the Operator may, at its own unfettered discretion, revoke any member of the Booking’s permission to attend the Jellurgal Aboriginal Cultural Centre Tour and where that Customer has breached its warranties. For the avoidance of doubt, the Operator’s actions in electing to revoke the Customer’s permission to attend the Jellurgal Aboriginal Cultural Centre Tour does not amount to waiver of its right to terminate under 8.1(e).

8.3 The Customer covenants with the Operator that he/she will:

(a) follow all directions from the Operator, it employees and agents;

(b) accept the decision(s) of the Operator and/ or its employees or agents as final;

(c) inform the Operator, its employees or its agents immediately if he or she is does not wish to participate in any particular activity on the Jellurgal Aboriginal Cultural Centre Tour;

(d) inform the Operator, its employees or its agents immediately if he or she is unable to understand any directions or instructions by the Operator, its employees or agents;

(e) not smoke while on the Jellurgal Aboriginal Cultural Centre Tour; and

(f) not disturb any of the historic sites, Aboriginal sites or other places or sites visited as part of the Jellurgal Aboriginal Cultural Centre Tour;

(g) undertake when walking on the Jellurgal Aboriginal Cultural Centre Tour will:

(i) respect all plant, rock and wildlife encountered;

(ii) not remove or damage any plant, wildlife or rock;

(iii) not engage with or feed any wildlife;

(iv) avoid, to their best of their ability, walking on sensitive vegetation;

(v) appreciate and respect the local wildlife;

(vi) walk as quietly as possible to reduce the likelihood of disturbing the wildlife;

(vii) stay on the allocated path regardless of whether it is muddy, rough or undesirable to walk on to ensure there is limited erosion as a result of tour; and (viii) will carry and remove any and all rubbish.

9. Liability

9.1 The Customer agrees to observe and obey all rules and warnings provided by the Operator, the Operator’s employees and/or agents, and further agree to follow any oral instructions or directions given by the Operator, the Operator’s employees and/or agents.

9.2 The Customer acknowledges that there may be some inherent risk associated with the Arrangements. The Customer assumes full responsibility for personal injury to yourself, injuries to others and further release and discharge the Operator from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which the Customer may have or for this document would, could or might at any future time have or have had against the Operator in respect of or arising out of either directly or indirectly the services the Operator provides.

9.3 The Customer agrees to pay for and indemnify the Operator against all claims in relation to, all damages caused to any property owned, rented or lease by the Operator as well as any third party’s facilities visited as part of the Arrangements caused by the Customer’s neglect, reckless or wilful actions. The Operator will not be held liable for the conduct of any third party supplier, operator or venue visited as part of the Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Services.

9.4 The Customer agrees to and hereby assumes all risk, dangers and hazards associated with use or participation in the Arrangements, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:

(a) the possibility of bodily injury; and

(b) being in altercations with others (which is not condoned or tolerated by the Operator).

9.5 The Customer agrees to indemnify the Operator from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of the Customer’s behaviour and actions.

9.6 The Customer acknowledges that the Customer is solely responsible for any and all property brought on the Jellurgal Aboriginal Cultural Centre Tour and Jellurgal Aboriginal Cultural Centre Services and the Operator will not be held liable for any damage caused to any property brought by the Customer on the Jellurgal Aboriginal Cultural Centre Tour.

10. Behaviour

10.1 The Customer must adhere to the current laws of Australia and the Customer is responsible for their own behaviour.

10.2 Any person who is deemed unruly or disruptive may be removed from the Jellurgal Aboriginal Cultural Centre Tour and will not be entitled to a refund. The Operator will not be responsible for any costs incurred by the Customer as a result of them being removed from the Jellurgal Aboriginal Cultural Centre Tour.

10.3 The Operator does not condone the use of illicit substances or alcohol prior to or during any Booking. The Operator reserves the right to exclude the Customer or any member of the Customer’s Booking from participating in the Jellurgal Aboriginal Cultural Centre Tour, in the Operator’s unfettered discretion if it the Operator form a reasonable belief that the Customer or a member of the Customer’s group are under the influence of alcohol or illicit drugs.

10.4 All parties attending the Jellurgal Aboriginal Cultural Centre Tour should be aware of their own physical and mental limitations before attending. Should the Customer be pregnant or have another medical condition that may be affected by attending the Jellurgal Aboriginal Cultural Centre Tour, the Customer must advise the Operator prior to making a Booking.

10.5 All parties attending the Jellurgal Aboriginal Cultural Centre Tour should be aware, as per the conditions of Burleigh Heads National Parks and Wildlife, camping and pets are not permitted.

10.6 Pets are not permitted on the Jellurgal Aboriginal Cultural Centre Tour during any booking, the Operator has the right to ask for the removal of any pet during any booking.

10.7 Assistance animals under the DDA (Disability Discrimination Act 1992) are accepted, please note the Operator has the right to request the correct documentation (handler identity card).

11. Clothing

11.1 The Customer acknowledges that appropriate clothing must be worn at all times on the Jellurgal Aboriginal Cultural Centre Tour. Appropriate clothing includes enclosed shoes.

11.2 The Customer acknowledges that Third Party Suppliers may refuse the Customer entry into their venue / site should the Customer not meet their minimum dress standard. The Operator will not be held responsible for any additional costs incurred by the Customer as a result of the Customer’s failure to meet the minimum dress standard.

12. Video Footage and Still images

12.1 The Customer grants the Operator the right to use any image of the Customer in any live or recorded video, display or any transmission or reproduction of the Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service. All rights to broadcast, record, photograph, repeat, reproduce, or recreate the Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service is reserved by the Operator. The Customer agrees not to take any action, or cause others to take any action, which would infringe on the Operator’s rights under this clause.

12.2 The Customer assigns to the Operator any intellectual property associated with any image of the Customer in any live or recorded video display or any transmission or reproduction of the Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service.

12.3 Any still images the Customer takes during the Jellurgal Aboriginal Cultural Centre Tour with the Customer’s camera must only be used for private and domestic purposes and the Customer agrees that the Customer will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any still images taken at the event on the internet or to any third parties without prior authorisation from a Jellurgal Aboriginal Cultural Centre Representative.

12.4 No video or sound recordings are permitted to be taken by the Customer during any Jellurgal Aboriginal Cultural Centre Tour or Jellurgal Aboriginal Cultural Centre Service.

13. Entire Agreement

13.1 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, Arrangements, understandings and agreements with respect to that subject matter.

14. Law

14.1 This document is governed by and construed under the law of Queensland Australia.

14.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland Australia.

14.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.

15. Remedies

15.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.

16. Severability

If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.