Last Updated: April 7, 2025
1. Introduction
Welcome to Whale Free ("we," "our," or "us"). By accessing or using our website at whalefree.com.au (the "Site"), you agree to comply with and be bound by these Terms and Conditions. Please read them carefully.
2. Acceptance of Terms
By accessing our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Site.
3. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of revised Terms and Conditions means you accept the changes.
4. Site Use and Content
The content on our Site is for general information and entertainment purposes only. While we strive to provide accurate information about outdoor activities and locations, we cannot guarantee the accuracy, completeness, or reliability of any content.
When engaging in outdoor activities based on information from our Site, you do so at your own risk. Always exercise caution, prepare adequately, check current conditions, obtain necessary permits, and follow local regulations.
5. Intellectual Property
All content on this Site, including text, graphics, logos, images, audio clips, and software, is the property of Whale Free or its content suppliers and is protected by Australian and international copyright laws.
You may access, download, or print content from the Site for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Site without our prior written permission.
6. User Contributions
If you submit content to our Site (such as comments, reviews, or photos), you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide.
You represent and warrant that you own or control all rights to the content you submit, and that use of your content will not infringe upon or violate the rights of any third party.
7. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by Whale Free. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
8. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHALE FREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
IN NO EVENT SHALL WHALE FREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR INABILITY TO ACCESS AND USE THE SITE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Whale Free, its officers, directors, employees and agents, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Site.
11. Governing Law
These Terms and Conditions shall be governed by the laws of Australia, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal courts of Australia.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Email: info@whalefree.com.au