Shandonvale Station

Terms & Conditions

Website Terms of Use

1. Acceptance of Terms
When you use or access this website, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use.

2. Grant of Licence
The site owner grants you a non-exclusive, non-transferable licence to use the website.

3. Your Responsibilities and Registration Obligations
In order to use this website or certain parts of it, you may be required to register your details on this website; in this case, you agree to provide truthful information when requested.

4. Rights of the Site Owner and its Representatives
This website and the services provided to you on and via this website are provided on an “AS IS” basis. You agree that the site owner reserves the right to modify or discontinue provision of this website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you; the site owner will not be held responsible or liable for timeliness, removal or information, failure to store information, inaccuracy of information, or improper delivery of information.

5. Limitations on the Use of the Website
You agree and acknowledge that you will:
(a) not rent, lease, lend, sublicense, time-share, distribute, sell or assign this Licence;
(b) not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the website or otherwise attempt to discover the source code of the website;
(c) not do any act which infringes the copyright of the website;
(d) not conduct any promotional or marketing activity outside the terms of this Licence;
(e) obtain no rights of ownership in any trademarks related to the website.

6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (content), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site owner will not be responsible to you in any way for content displayed on this website, nor for any error or omission.
By using this website or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information from this website;
(d) you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, span, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce; you will not use this website to promote or operate any service or content without the site owner’s prior written consent;
(e) you will not provide any content that may give rise to the site owner being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of Content on this website
By providing any content on this website:
(a) you agree to grant the site owner a worldwide, royalty-free, perpetual, non-exclusive right and licence (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such licence will apply with respect to any form, media technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site owner the licence specified in this section;
(c) you acknowledge and agree that the site owner will have the right (but not obligation), at the site owner’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Intellectual Property
You agree and acknowledge that:
(a) all intellectual property rights in the website remain the property of the site owner or an entity associated with the site owner and are protected by Australian Copyright Law and International Treaty provisions;
(b) your access to the Website and the granting of this Licence does not pass to you or to any third party any intellectual property rights or other ownership rights in the Website.

9. Third-party Services and Products
Third party goods or services may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site owner will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

10. Indemnification
You agree to indemnify and hold harmless the site owner and the site owner’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of or relating to your conduct, your use of the website, or in connection with this website, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

11. Consequential Damages
The site owner, its agents or suppliers will not be liable to you for any indirect or consequential damages including loss of profits, revenue or data arising out of your use of the website or the site owner’s provision of any services relating to such, even if they knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

12. Limitation of Liability
You agree that the website is provided as is and that the site owner, its agents and suppliers:
(a) do not warrant or guarantee in any way or manner the performance or results that you may obtain by using the website; and
(b) make no warranty of any kind, express or implied, including without limitation, any warranties of merchantability and/or fitness for a particular purpose in regard to the website;
(c) make no warranty of any kind, express or implied, including without limitation, in regard to any malfunction, interruption or unavailability of the website, its services, software or any material provided by the site owner or its agents;
(d) do not warrant or guarantee in any way or manner the integrity of the data that you load onto our servers,
other than as specifically stated in this Licence or as prescribed by any applicable law which can not be excluded.

13. Making a booking
To book accommodation at Shandonvale Station (Property), you must complete and submit an online general booking and enquiry form (Booking form).
The Booking form is an expression of interest only.
The site owner does not guarantee availability of accommodation, price or availability or the availability of any activity on Shandonvale Station until the booking has been confirmed by email and payment has been made in accordance with our payment terms.
The price for helicopter rides may vary. Taxes and any other ancillary costs will be confirmed prior to payment.
Acknowledgement of your Booking form will be provided to the email address provided in the Booking form or by a telephone call if the Booking form is received less than 48 hours prior to the requested date(s) for accommodation (Booking confirmation). Please ensure you check your email at regular intervals and ensure the Booking confirmation is not in your junk mail.

14. Payment
Payment must be received by the site owner within 72 hours of the Booking confirmation. If payment is not received within this timeframe, your booking may be automatically cancelled.
The site owner and Shandonvale Station accepts no liability or responsibility whatsoever for any loss or damage caused as a result of any automatic cancellation, howsoever caused.
To take advantage of any extra service or package offered by the site owner, full payment must be made up front.
Credit card payments will incur a merchant fee of 2%.

15. Cancellation and refunds
A full refund will be paid to your nominated account if you cancel your booking in writing at least 5 days prior to your intended date of arrival.
All payments are non-refundable if cancellation occurs within 5 days of the date of your intended arrival. We may also elect to charge a cancellation fee if you cancel within this period.
In the event of natural disaster (ie. weather event) or other crisis preventing access to Shandonvale Station, we will notify you via email or telephone and provide a full refund within 24 hours.
You understand that once you receive your Booking confirmation, you cannot transfer your booking to another person.

16. Governing Law
You agree that these Terms of use and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with local laws applicable at the site owner’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site owner’s domicile, and that any disputes will be heard by the said courts.

17. Other Information
(a) In any event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable.
(b) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect.
(c) You agree that any claim or cause in respect of this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.
(d) The site owner may assign the site owner’s rights and obligations under these Terms of use; in this event, the site owner will be relieved of any further obligation.
(e) Any provision of these terms which is held to be unenforceable is to be, where possible, severed to the extent necessary to make these terms enforceable.

PARTICIPATION IN ACTIVITIES AT SHANDONVALE STATION

18. Definitions
In these terms:
Activity/Activities means any activity you may participate in on the Property, including interacting with animals, driving tractors, herding sheep in a buggy, camping, fishing, swimming, bird watching, bush walking, flying in a helicopter, shooting, riding a quad bike or any associated activity; and
Shandonvale Station means Deon Stent-Smith ABN 77 403 707 254, the owner of the Property and any employees, agents or contractors of either Deon Stent-Smith and/or the owner of the Property.

19. Release and Indemnity
In consideration of Shandonvale Station allowing you to stay on the Property and participate in the Activities, you agree to:
(a) unconditionally and absolutely release and forever discharge Shandonvale Station from all Claims you might otherwise have against Shandonvale Station in respect of any injury, death, loss or damage you suffer as a result of or relating to your participation in any Activity on the Property, howsoever arising, including as a result of any breach of contract and/or negligence by Shandonvale Station; and
(b) indemnify and hold harmless Shandonvale Station, its employees, agents and the owner of the Property, to the maximum extent permitted by law in respect of any Claims by any person howsoever arising, including as a result of any act, neglect or default cause or contributed to by you during or in connection with your stay on the Property and/or participation in any Activity.
In these terms, “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense howsoever arising, whether arising in negligence, breach of statute, at common law, in equity or in any other manner whatsoever, for any death, personal injury, mental harm, property loss, property damage, consumer rights, or liability to any other third party for such relief, for or in respect of my staying on the Property and/or my participation in any of the Activities.

20. Media and Photography
You grant to Shandonvale Station and its affiliated entities or contractors and/or the media your permission and authority to use your name, image, voice, and/or likeness in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record captured during your participation in Activities on the Property for any purpose whatsoever without compensation.

21. Acknowledgements and declarations
You acknowledge and agree that:
(a) these terms are reasonable for Shandonvale Station to operate and promote the farm stay on the Property;
(b) Shandonvale Station may place any such restrictions on the conduct of Activities on the Property, including postponing and cancelling any particular activity, if Shandonvale Station considers this necessary for your safety or the safety of others;
(c) staying on an outback station and participating in the Activities can be dangerous. Risks include, but are not limited to personal injury or property damage and possible liability to others for harm, loss or damage caused by your acts or omissions. Serious injury or death may be related to pre-existing disabilities or medical conditions. Your participation in the Activities is voluntary and you accept all risks of injury, loss, damage or liability arising out of or in any way connected to your participation in the Activities, including but not limited to risks associated with the effects of weather and contact with any animals on the Property;
(d) you declare that you are medically, physically and mentally fit and able to participate in any Activity you elect to participate in whilst on the Property. You are not and must not be a danger to yourself or to the health or safety of others. You will immediately notify Shandonvale Station of any change in your fitness or ability to participate in any Activity. You understand that before participating in any physical activity, you should obtain the approval of a qualified medical practitioner, particularly if you are over the age of 25 or have a pre-existing medical condition or disability;
(e) you will immediately notify Shandonvale Station of any allergy, sensitivity or dietary requirement you may have;
(f) you will pay any costs or fees of any ambulance, medical treatment or attendance of any doctor or health care professional which or who provides assistance or attention to you during your stay at the Property or in the course of your participation in any Activity on the Property;
(g) you declare that you are and will remain solely responsible for any minor in your care who may accompany you during your stay on the Property;
(h) you understand that any insurance cover affected for persons staying on the Property may not cover you for all injury, loss or damage sustained by you;
(i) the safety precautions undertaken by Shandonvale Station are a service to you and other persons staying on the Property but are not a guarantee of safety;
(j) if you damage any of Shandonvale Station’s equipment in the course of any Activity, you will pay for replacement or repair to equipment damaged by you;
(k) the safe keeping of your property during your stay on the Property or your participation in any Activity is your sole and absolute responsibility and Shandonvale Station has no liability for or responsibility to you for the loss of such property;
(l) you agree to wear a helmet and any other protective gear while riding a bike on the Property;
(m) participation in the Activities is a dangerous recreational activity;
(n) under the Civil Liability Act 2003 (Qld), Shandonvale Station will not be liable for any harm suffered by you due to the materialisation of an obvious risk to your participation in a dangerous recreational activity. 

Payment Policy

Payment must be received by the site owner within 72 hours of the Booking confirmation. If payment is not received within this timeframe, your booking may be automatically cancelled.
The site owner and Shandonvale Station accepts no liability or responsibility whatsoever for any loss or damage caused as a result of any automatic cancellation, howsoever caused.
To take advantage of any extra service or package offered by the site owner, full payment must be made up front.
Credit card payments will incur a merchant fee of 2%.

Cancellation Policy

A full refund will be paid to your nominated account if you cancel your booking in writing at least 5 days prior to your intended date of arrival.
All payments are non-refundable if cancellation occurs within 5 days of the date of your intended arrival. We may also elect to charge a cancellation fee if you cancel within this period.
In the event of natural disaster (ie. weather event) or other crisis preventing access to Shandonvale Station, we will notify you via email or telephone and provide a full refund within 24 hours.
You understand that once you receive your Booking confirmation, you cannot transfer your booking to another person.