Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Scarlet Bark regarding your use of our website (scarlet-bark.com) and services. By accessing or using our website or booking our walking experiences, you agree to be bound by these terms.

If you do not agree to these terms, you may not use our website or services.

Services Description

Scarlet Bark provides guided walking experiences across various Australian landscapes. Services include but are not limited to:

• Guided walking tours led by qualified local experts
• Educational experiences related to nature, history, and culture
• Small group experiences (maximum 6 participants)
• Refreshments and materials as specified in individual experience descriptions

Booking and Payment

Booking Process

When you submit a booking request through our website:

• Your request does not constitute a confirmed booking
• We will confirm availability within 24 hours via email
• A binding contract is formed only upon our confirmation and your payment
• All details provided must be accurate and complete

Payment Terms

• Full payment is required at least 48 hours before the scheduled walk
• Prices are listed in Australian Dollars (AUD) and include GST where applicable
• Payment is processed through secure third-party payment providers
• We reserve the right to cancel bookings if payment is not received by the deadline

Pricing

• All prices are subject to change without notice
• The price confirmed in your booking confirmation email is the binding price
• Group discounts or special offers must be requested before confirmation

Cancellation and Refund Policy

Participant Cancellations

• More than 48 hours before walk: Full refund
• Less than 48 hours before walk: No refund (unless exceptional circumstances apply)
• No-show: No refund

Weather-Related Cancellations

If we cancel a walk due to severe weather or dangerous conditions:

• You will receive full refund or option to reschedule
• We determine weather safety at our sole discretion
• Light rain does not constitute grounds for cancellation

Scarlet Bark Cancellations

We reserve the right to cancel walks due to:

• Insufficient bookings (minimum 2 participants usually required)
• Guide illness or emergency
• Safety concerns
• Unforeseen circumstances beyond our control

If we cancel, you'll receive full refund or alternative date option.

Participant Responsibilities

Health and Fitness

You are responsible for ensuring you have adequate fitness and health for your selected walk. You must disclose any medical conditions that may affect your participation. We reserve the right to refuse participation if we believe you pose a safety risk to yourself or others.

Appropriate Equipment

You must bring appropriate clothing, footwear, and equipment as specified in pre-walk instructions. We may refuse participation if you arrive inadequately prepared.

Following Instructions

You must follow all instructions and safety guidelines provided by guides. Failure to comply may result in removal from the walk without refund.

Behavior Standards

You agree to:

• Treat guides, other participants, and the environment with respect
• Not consume alcohol or drugs before or during walks
• Not engage in behavior that endangers yourself, others, or wildlife
• Follow Leave No Trace principles

We reserve the right to remove participants exhibiting inappropriate behavior without refund.

Liability and Assumption of Risk

Inherent Risks

Outdoor walking activities involve inherent risks including but not limited to:

• Uneven terrain, rocks, roots, and slippery surfaces
• Weather changes and exposure to elements
• Wildlife encounters
• Physical exertion and potential injury
• Remote locations with limited immediate medical access

By participating, you acknowledge these risks and assume responsibility for your own safety.

Limitation of Liability

To the maximum extent permitted by Australian law:

• Scarlet Bark is not liable for personal injury, property damage, or loss resulting from participation in walks, except where caused by our negligence
• We are not liable for delays, cancellations, or changes due to circumstances beyond our reasonable control
• Our total liability for any claim is limited to the amount you paid for the affected walk

Insurance

We maintain appropriate public liability insurance. However, you are responsible for obtaining personal travel and health insurance covering outdoor activities.

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Scarlet Bark or its licensors and is protected by copyright and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

Photography and Media

During walks, guides may take photographs for promotional purposes. By participating, you consent to being photographed and to our use of these images in marketing materials, website, and social media, unless you explicitly opt out in writing.

Website Use

Acceptable Use

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or harmful code
• Interfere with website operation or other users' experience
• Collect user information without permission
• Impersonate others or misrepresent your affiliation

User-Submitted Content

If you submit reviews, comments, or other content:

• You grant us non-exclusive right to use, reproduce, and publish that content
• You represent that you own or have rights to the content
• We reserve the right to remove any content at our discretion

Privacy

Your use of our website and services is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date.

Your continued use of our website or services after changes constitutes acceptance of modified Terms. We encourage periodic review of these Terms.

Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice or liability.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of these external sites. Accessing third-party links is at your own risk.

Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Victoria.

Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us to resolve disputes informally. Many issues can be addressed through direct communication.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Scarlet Bark regarding use of our website and services.

Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision.

Contact Information

For questions or concerns regarding these Terms of Use:

Email: [email protected]
Address: 127 Wattle Grove Lane, Fitzroy, Victoria 3065, Australia