Terms and Conditions

Death or serious injuries can occur while rock climbing. The 360 Guide does not tell you how to climb safely, when you climb, you do it at your own risk.

Overview

Welcome to the website the360guide.com / the360guide.com.au (the “Site”). The 360 Guide (“We”, “Us”) has created this Site for your personal enjoyment, information and entertainment. This Terms of Use agreement (the “Agreement”) describes the terms and conditions under which The 360 Guide permits your use of the Site, and any other services of The 360 Guide that display this Agreement (collectively with the Site and services, the “Services”). This Agreement constitutes a legal agreement between you and The 360 Guide. Use of this Site or any of the other Services is also governed by The 360 guide’s Privacy Policy, which is incorporated into this Agreement.

By viewing, interacting with, submitting information to, or otherwise using the Services, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use the Services.

The 360 Guide reserve the right, in its sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. This Agreement was last modified on April 2nd, 2019

Intellectual property

All content included in this Site , such as text, photos, logos, video, graphics, virtual reality tours, sound, computer code, and the arrangement and selection of such content, is protected by copyright, according to the Copyright Act 1968 of the Commonwealth of Australia.
You may use material from this Site or the Services only for your own personal, non-commercial use. No portion of this Site or the other Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by The 360 Guide. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site or the Services.

Disclaimers

You use The 360 Guide Site at your sole risk.

Except where expressly stated otherwise, Material on the The 360 Guide Site is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on The 360 Guide Site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for injury/death and/or loss resulting from any action or decision by you in reliance on the Material on The 360 Guide Site.

We will no be liable for any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the The 360 Guide Site in any circumstance.

The 360 Guide has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site or the Services. The 360 Guide is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site or the Services. Viewing of any and all other Web sites shall be at your own risk.

You agree that any errors you make in entering your contact information and order details are your responsibility and The 360 Guide is not liable for any consequences that may arise as a result of such errors or incorrect information

To the extent permitted by law, The 360 Guide is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, The 360 Guide’s maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months

While we use reasonable endeavours to ensure that the The 360 Guide (of digital media assets and platforms operated of controlled by The 360 Guides entities) is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the The 360 Guide Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the The 360 Guide Site at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the The 360 Guide Site at any time without providing notice to you.

About your subscription/membership

A subscription provides you with unlimited access to all our online services (virtual tours), it does not provide access to any downloads

In order to create or activate your subscription, you will be required to create and/or link your subscription to a The 360 Guide account. The login details associated with your digital membership and/or subscription including username and password must not be shared with any other person. Your login details may be used up to a maximum of 2 concurrent sessions

If any misuse of your login details is detected or suspected by The 360 Guide (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

Pricing

When you purchase a subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order

Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD) and are GST-inclusive.

The 360 Guide reserves the right to change the prices and fees at any time. We will provide you with 14 days notice if the regular rate of a subscription changes from what was stated at the time of your order.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle. (See Cancellation)

Affirmation regarding age

By using the The 360 Guide Site, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Prohibition on use/enforcement of terms

If The 360 Guide finds that you have been in breach of the terms and conditions of this contract, We will prohibit your further use in whole or part of this Site or the services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site or the Services

Access limits

Without The 360 Guide’ express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of The 360 Guide or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to The 360 Guide or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission.

Cancellations / Refunds

You can cancel your digital subscription at any time in your dashboard (“My account”), if you’ve got any issue, then you can contact us at enquiries@the360guide.com

Subscriptions are non-refundable. You must notify us of cancellation at least 72 hours before your next billing date, otherwise we may not be able to stop your next payment from being deducted.

When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. Your cancellation request must be made at least 72 hours before your next billing date otherwise we may not be able to stop your next payment being deducted.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the The360 Guide Site, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable Law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Privacy Policy

About this Privacy Policy

The 360 Guide ( we, us or our) is committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) in relation to personal information that we collect, hold, use and disclose.

In the Privacy Act and this Privacy Policy (Policy), “personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information is recorded in a material form or not.

Information concerning the Privacy Act and the APPs can be obtained from the Office of the Australian Information Commissioner.

When an individual engages us to supply services, applies for employment with us, communicates with us or uses any of our services (including our website), personal information may be collected, used and disclosed as set out in this Policy.

This Policy may be updated from time to time. The current version of the Policy is available free of charge on our website or can be obtained from us by forwarding a request by mail or email.

What kind of personal information do we collect and hold

We may collect and hold personal information that is reasonably necessary to conduct our business. The personal information that we may collect and hold will depend on the nature of your dealings with us but may include:

Personal details (e.g. name, age, date of birth).

Contact details (e.g. postal and email addresses, telephone numbers).

Credit card details.

Information about you which you provide to us directly or indirectly through the use of our website.

Decisions about whether particular information that we collect is personal information may vary depending on the circumstances and context of the situation in relation to which the information is collected.

We will not collect sensitive information (as defined in the Privacy Act) about you unless you consent to us collecting the information and the information is reasonably necessary for one or more of our functions or activities or collection of the information is otherwise permitted by the APPs.

We will not use or disclose a government related identifier (such as a Medicare number) unless the use or disclosure is permitted by the APPs.

Use of our websites, cookies and third party websites

When you visit our website or download information from it our server automatically collects certain browser or device generated information such as your IP address, domain, visit date, time and duration, browser type, operating system, pages accessed and documents downloaded.

Our website uses cookies which are small text files that are placed on your computer by websites that you visit. They are used to make websites work, or work more efficiently to improve the user experience. Cookies remain on your computer for differing times. Some expire at the end of each session and some remain for longer periods so that if you return to our website, you will have a better user experience.

If you do not wish to receive cookies you may be able to change your browser settings to refuse cookies or notify you when you receive a cookie and provide you with the opportunity to either accept or reject it.

Our website may contain links to third party websites that may collect personal information for their purposes. We are not responsible for the privacy practices of such websites and this Policy does not apply to them. We recommend that before using any third party websites that you access from links on our website you review their privacy policies and practices to assess whether they are acceptable to you.

How do we collect personal information

We will only collect personal information about an individual directly from the individual unless it is unreasonable or impracticable to do so. If we collect personal information about an individual from another person without the individual’s knowledge or from publicly available sources, we will take reasonable steps to notify the individual that we have collected the information and the circumstances of its collection.

If an individual contacts us we may retain a record of the contact which may contain personal information.

If we receive unsolicited personal information about an individual we will, within a reasonable period after receiving the information, determine whether or not we could have collected the information under the APPs. If we determine that we could not have collected the information under the APPs we will destroy or de-identify the information as soon as practicable, provided it is lawful and reasonable for us to do so.

Notification of the collection of personal information

At or before, or as soon as practicable after, we collect personal information about an individual, the APPs require us to take reasonable steps to notify the individual, or otherwise ensure that the individual is aware, of various matters including:

our identity and contact details.

if we collect the information from someone other than the individual, the fact that we collect or have collected the information and the circumstances of that collection.

if the collection of the information is required or authorised by law or a court or tribunal order, the fact that the collection is so required or authorised.

the purposes for which we collect the information.

the consequences (if any) for the individual if the information is not collected.

the types of entities, bodies or persons to which we usually disclose personal information.

whether we are likely to disclose personal information to overseas recipients and, if practicable, the countries where they are located.

One way we do this is by making this Policy available on our website.

Anonymity and pseudonymity

Although our website can be accessed anonymously, if you wish to take advantage of the services that we offer through the website, you may need to provide personal information to us. If you choose not to provide information that we request we may not be able to provide services that you have requested.

For what purposes do we collect, hold, use and disclose personal information

We generally only collect, hold, use and disclose personal information for the primary purposes of:

conducting our business operations

communicating with website users to resolve queries or complaints

sending marketing communications (including newsletters) where it is lawful for us to do so.

Complying with our legal and regulatory obligations

We may also use or disclose personal information for secondary purposes that are related to any of these purposes where you have consented to the use or disclosure for such purposes or where the use or disclosure is otherwise permitted by the APPs.

When we collect, hold, use or disclose personal information

The situations where we may collect, hold, use or disclose personal information include where you:

have dealings with us as a client, supplier, contractor or consultant or agent or as an employee of a client, supplier, contractor, consultant or agent.

From time to time we may be required to collect, use or disclose personal information to comply with applicable legal requirements. We may also disclose personal information to suppliers, contractors, consultants or agents for the primary purposes for which it was collected or for other purposes related to any of those purposes. Where this occurs, we take steps to ensure that those entities comply with the APPs in connection with the personal information that we disclose to them and only use the information for the purposes specified in our agreement with them.

If we send you marketing communications you may request us not to send further marketing communications to you. If we receive such a request we will update our records within a reasonable time.

We do not sell personal information that we collect or hold to any other entity or person.

How do we disclose your personal information

We may disclose your personal information to:

specific third parties authorised by you to receive information held by us
the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
as required or permitted by any law (including the Privacy Act)

Direct marketing material

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our “MyAccount” webpage. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purpose of direct marketing unless expressly authorised by you.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.

Disclosure of personal information to overseas recipients

We will not disclose personal information that we collect or hold to overseas recipients without complying with the APPs.

Security of personal information

We maintain appropriate administrative, technical and physical safeguards that are intended to protect the personal information that we hold against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use including restricted access to our offices, use of firewalls and secure servers. These safeguards include restricted access to our offices and the use of firewalls and secure servers. We also use anti-virus software, which is updated regularly, to protect our computer systems and data from computer viruses.

Because the internet is not a secure environment, personal information that individuals send to us via the internet is sent at their risk.

When we no longer require personal information, we take reasonable steps to destroy the information in a secure manner or de-identify the information unless we are required by Australian law, or a court or tribunal order, to retain the information.

Data Breaches

In the unlikely event that our security measures are compromised and personal information that we hold is subject to a data breach, we will comply with our obligations under the Privacy Act for responding to data breaches including:

upon becoming aware of a data breach we will take urgent action to contain the breach, determine who may have been affected by the data breach and mitigate any risk of harm that may result from the breach.

if we have reasonable grounds for believing that the data breach is likely to result in serious harm to an individual, we will notify the individual as soon as practicable.

we will notify the office of the Australian Information Commissioner as required under the Privacy Act.

we will review our security measures and implement any additional measures we consider to be necessary to enhance the security of personal information.

Access to and correction of personal information

Subject to the APPs, you have the right to request access to personal information that we hold about you and to ask us to update or correct personal information if it is inaccurate, incomplete or out of date.

You can request access to, or correction of, your personal information by forwarding a written request to us by mail or email. Upon receipt of a request we will respond within a reasonable timeframe.

If we do not agree to give you access to your personal information or do not agree to correct personal information as requested by you, we will notify you in writing of the reasons for our decision (unless, having regard to the APPs, it would be unreasonable for us to do so) and the mechanisms that are available to you to complain about our decision.

If we correct personal information that has been disclosed to another organisation that is bound by the APPs and you request us to notify the organisation of the correction, we will take reasonable steps to comply with the request unless it is impracticable or unlawful for us to do so.

If we do not correct personal information as requested by you and you request that we associate with the information a statement that it is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to comply with the request.

Complaints about how we deal with Personal Information

If you wish to complain about how we have dealt with your personal information, you should submit the complaint to us in writing.

If we receive a written complaint from you, we will decide what action, if any, we propose taking to deal with the complaint and notify you of our decision within a reasonable timeframe.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Enquiries

If you have any enquiries or questions in relation to this Policy or wish to exercise any of your rights under this Policy, please