Version: 20260527
Effective date: Wednesday, 27 May 2026
Entity: Join the Adventure Pty Ltd ABN: 56 696 762 946 trading as JtA.RealEstate, JtA.LIVE, JtA.media and related Join the Adventure® brands.
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Our Terms and Conditions explain how bookings, payments, cancellations, credits and service arrangements work. Our Privacy Policy explains how Join the Adventure Pty Ltd collects, uses and protects personal information.
View Privacy Policy1. Application of these Terms
1.1 These Terms apply to all quotations, proposals, bookings, orders, campaigns, productions, retainers, projects, products and services supplied or arranged by Join the Adventure Pty Ltd, unless a written agreement signed by Join the Adventure Pty Ltd expressly states otherwise.
1.2 These Terms apply across the Join the Adventure group of brands and service areas, including:
- JtA.RealEstate — real estate agency, marketing, campaign support, property promotion, sales-related communication and related services;
- JtA.LIVE — live event production, audiovisual production, livestreaming, broadcast, recording, technical production, crewing, equipment and related services; and
- JtA.media — marketing, communications, websites, content, design, media production, advertising support, strategy, campaign management and related services.
1.3 These Terms are intended to operate together with any quotation, proposal, scope of work, campaign authority, booking confirmation, invoice, agency appointment, project agreement, service schedule, online form or other written document issued or accepted by Join the Adventure Pty Ltd.
1.4 If there is any inconsistency between these Terms and another written agreement, the following order of priority applies, unless the relevant document expressly states otherwise:
- any mandatory law or regulation;
- any signed statutory or industry-prescribed appointment or agreement, including a valid real estate agency appointment;
- any written special conditions accepted by Join the Adventure Pty Ltd;
- any accepted quotation, proposal, scope of work or booking confirmation; and
- these Terms.
1.5 A client’s purchase order, booking instruction, email, message, online form submission, verbal instruction, supply of materials, acceptance of services, payment of an invoice, or request that work commence may be treated by Join the Adventure Pty Ltd as acceptance of these Terms.
1.6 Join the Adventure Pty Ltd may decline to accept any booking, order, campaign or project in its discretion.
2. Definitions
In these Terms:
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Booking means any booking, reservation, production date, service date, campaign placement, project slot, inspection slot, shoot date, event date, livestream, advertising placement, publication date, project allocation, staff allocation, equipment allocation or other commitment of time, resources or supply.
Client means the person, company, organisation, owner, seller, buyer, event organiser, promoter, agency, representative, customer or other party requesting or receiving products or services from Join the Adventure Pty Ltd.
Credit means a credit held by Join the Adventure Pty Ltd in favour of the Client for future eligible products or services, subject to these Terms.
Deliverables means any materials, content, files, footage, recordings, designs, copy, graphics, photographs, video, livestream output, campaign material, reports, websites, documents or other outputs to be supplied by Join the Adventure Pty Ltd.
Disbursements means third-party costs, out-of-pocket costs, advertising spend, media placements, venue charges, platform fees, travel, accommodation, couriers, printing, contractors, licence fees, stock, equipment hire, software costs, production costs, permit fees, government fees, search fees and other costs incurred or committed by Join the Adventure Pty Ltd.
Force Majeure Event means an event or circumstance beyond the reasonable control of Join the Adventure Pty Ltd, including weather, natural disaster, fire, flood, storm, power failure, internet failure, telecommunications failure, equipment failure not caused by lack of reasonable care, supplier failure, illness, injury, pandemic, epidemic, government direction, road closure, venue issue, safety risk, industrial action, war, terrorism, civil disturbance, cyber incident, or any other event beyond reasonable control.
Services means any services supplied or arranged by Join the Adventure Pty Ltd.
Terms means these Terms and Conditions.
3. Quotations, proposals and scopes of work
3.1 A quotation or proposal is valid for the period stated in it. If no period is stated, it is valid for 14 days from issue, unless withdrawn earlier.
3.2 Prices, availability, production dates, advertising placements, supplier costs, equipment availability and staffing are subject to change until the Booking is accepted and secured in accordance with these Terms.
3.3 A quotation or proposal may be corrected by Join the Adventure Pty Ltd if it contains an obvious error, omission, typographical error, calculation error, pricing error or scope error.
3.4 Unless expressly stated otherwise, a quotation or proposal does not include:
- GST;
- advertising spend or media placement costs;
- third-party supplier charges;
- travel, accommodation, parking, freight or courier costs;
- government fees, application fees or search fees;
- additional revisions outside the agreed scope;
- urgent, after-hours, weekend or public holiday work;
- source files, raw footage, raw project files or editable files;
- legal, financial, town planning, building, engineering or tax advice; or
- any item not expressly included in the relevant quotation or proposal.
3.5 Join the Adventure Pty Ltd may charge for additional work requested or required outside the agreed scope at its then-current rates or at a reasonable rate determined by Join the Adventure Pty Ltd.
4. Bookings are not secured until paid in full
4.1 Unless Join the Adventure Pty Ltd expressly agrees in writing to different payment terms, products, services, dates, resources, production slots, campaign placements and bookings are not secured, reserved, confirmed or committed until payment has been made in full and cleared funds have been received by Join the Adventure Pty Ltd.
4.2 A quotation, proposal, email, verbal discussion, invoice, calendar hold, tentative date, draft scope, production plan or availability indication does not secure a Booking unless and until payment has been made in full.
4.3 Join the Adventure Pty Ltd may continue to offer the same or similar dates, resources, staff, equipment, campaign slots, advertising placements, products or services to other clients until the Booking is secured by full payment.
4.4 If a Booking is time-sensitive, the Client is responsible for paying promptly. Join the Adventure Pty Ltd is not liable for any loss, disappointment, missed opportunity, price change, supplier change or unavailability arising because payment was not made in time.
4.5 Where Join the Adventure Pty Ltd agrees to commence work before payment is made in full, this does not waive the requirement for full payment and does not create an obligation to continue work if payment is not received when required.
5. Payment
5.1 The Client must pay all invoices by the due date stated on the invoice. If no due date is stated, payment is due immediately.
5.2 Join the Adventure Pty Ltd may require payment in full before commencing or continuing work.
5.3 Join the Adventure Pty Ltd may suspend or withhold services, deliverables, campaign activity, publication, files, access, bookings or further work if any amount is overdue.
5.4 Unless expressly stated otherwise, all amounts are in Australian dollars and are exclusive of GST. GST will be added where applicable.
5.5 The Client must pay all bank fees, merchant fees, card processing fees, international transfer fees, chargeback fees, dishonour fees and other payment-related costs, unless Join the Adventure Pty Ltd agrees otherwise.
5.6 The Client must not set off, deduct or withhold any amount payable to Join the Adventure Pty Ltd unless required by law or agreed in writing by Join the Adventure Pty Ltd.
5.7 If an invoice is overdue, Join the Adventure Pty Ltd may charge interest on the overdue amount at a rate of 10% per annum, calculated daily, or the maximum rate permitted by law, whichever is lower.
5.8 The Client must pay all reasonable costs incurred by Join the Adventure Pty Ltd in recovering overdue amounts, including debt recovery costs, legal costs on an indemnity basis, mercantile agent fees, administrative costs and court or tribunal costs.
5.9 If the Client becomes insolvent, enters external administration, indicates that it cannot pay its debts, disputes payment without reasonable basis, or is subject to bankruptcy, liquidation, receivership or administration proceedings, all amounts owing to Join the Adventure Pty Ltd become immediately due and payable.
5.10 The Client must take reasonable care when making payment, including checking that any payment details, bank account details, BSB, account number and account name match the current payment details published by Join the Adventure Pty Ltd at https://jta.global/payments/.
5.11 The Client acknowledges that the Join the Adventure Pty Ltd payments page is the single source of truth for payment options and bank details.
5.12 Join the Adventure Pty Ltd will not ask the Client to pay to different bank or payment details by email, SMS, invoice note or other message outside the payments page.
5.13 If the Client receives any request to pay to different bank or payment details, or if their bank displays an account-name warning, mismatch or unexpected payee name, the Client must pause the payment and contact Join the Adventure Pty Ltd before proceeding.
5.14 To the maximum extent permitted by law, Join the Adventure Pty Ltd is not responsible for loss arising from a payment made to incorrect, fraudulent, altered or unauthorised payment details where the correct payment details were published on the Join the Adventure Pty Ltd payments page at the relevant time, unless the loss was caused by Join the Adventure Pty Ltd’s negligence, breach of law or breach of these Terms.
6. Cancellations, postponements and credits
6.1 This clause applies where the Client cancels, postpones, delays, materially reduces or does not proceed with a Booking, product or service for any reason, including change of mind, change of circumstances, lack of availability, venue issue, funding issue, internal decision, change of strategy, event cancellation, property withdrawal, campaign change or third-party issue.
6.2 Subject to the Client’s rights under the Australian Consumer Law and any other applicable law, amounts paid are not refundable if the Client cancels, postpones, delays, materially reduces or does not proceed with the Booking, product or service.
6.3 Where clause 6.2 applies, Join the Adventure Pty Ltd may, in its discretion, hold the amount paid as a Credit for future eligible products or services, less:
- Disbursements already incurred;
- supplier, contractor or third-party costs already incurred or committed;
- labour, planning, administration, design, preparation, consultation, production or project time already performed;
- costs of goods, equipment, licences, software, materials or bookings acquired or allocated for the Client;
- cancellation, postponement or rescheduling fees charged by suppliers or contractors;
- any loss, cost or liability incurred because resources, staff, equipment, dates or opportunities were reserved for the Client; and
- any other costs reasonably incurred by Join the Adventure Pty Ltd in connection with the Booking, product or service.
6.4 A Credit is not cash, is not transferable unless Join the Adventure Pty Ltd agrees in writing, cannot be used to pay overdue invoices unless Join the Adventure Pty Ltd agrees, and cannot be redeemed for cash.
6.5 Unless Join the Adventure Pty Ltd agrees otherwise in writing, a Credit must be used within 12 months from the date it is issued. Any unused Credit expires after that period.
6.6 The Client is responsible for any price increases, scope changes, supplier changes, additional costs or availability issues that apply when a Credit is used.
6.7 If a rescheduled date, replacement service or alternative product is unavailable or unsuitable to the Client, this does not entitle the Client to a refund except to the extent required by law.
6.8 Join the Adventure Pty Ltd may decline to apply a Credit to a materially different product or service, a different client, a different brand, a different campaign, or a substantially different scope.
6.9 If the Client cancels or postpones at short notice, Join the Adventure Pty Ltd may treat all amounts paid as fully used if, acting reasonably, it determines that the relevant time, staff, suppliers, equipment, campaign allocation or production resources cannot reasonably be redeployed.
7. Cancellation or delay caused by events beyond control
7.1 Join the Adventure Pty Ltd is not liable for failure to perform, delay, cancellation, interruption, reduced performance or inability to supply caused by a Force Majeure Event.
7.2 If a Force Majeure Event affects a Booking, product or service, Join the Adventure Pty Ltd may, acting reasonably:
- reschedule the Booking;
- change the method of delivery;
- substitute staff, suppliers, equipment, platforms or processes;
- reduce or vary the scope where necessary;
- provide an alternative service or deliverable;
- hold amounts paid as a Credit, less costs already incurred or committed; or
- cancel the affected Booking, product or service.
7.3 Subject to the Client’s rights under the Australian Consumer Law and any other applicable law, if Join the Adventure Pty Ltd cancels or cannot perform because of a Force Majeure Event, the Client is not entitled to a refund, and the amount paid will be held as a Credit less Disbursements, committed costs and work already performed.
7.4 Join the Adventure Pty Ltd will take reasonable steps to minimise avoidable loss where practical, but is not required to incur additional cost or accept unreasonable risk to do so.
8. Client responsibilities
8.1 The Client must:
- provide accurate, complete and timely instructions;
- provide all required access, information, materials, permissions and approvals;
- ensure that all information supplied to Join the Adventure Pty Ltd is accurate and not misleading;
- respond promptly to requests for information, feedback or approval;
- obtain any required permissions, licences, consents, releases or authorities unless Join the Adventure Pty Ltd has expressly agreed to do so;
- ensure that its representatives, staff, contractors, guests, talent, speakers, agents and invitees cooperate reasonably;
- comply with all applicable laws, venue rules, platform rules and safety requirements;
- not require Join the Adventure Pty Ltd to do anything unlawful, misleading, unsafe, unethical, defamatory or infringing; and
- tell Join the Adventure Pty Ltd promptly about any issue that may affect the supply of products or services.
8.2 Join the Adventure Pty Ltd is entitled to rely on information, instructions, approvals and materials provided by the Client or the Client’s representatives.
8.3 Join the Adventure Pty Ltd is not liable for loss, delay, error, omission, reduced quality, additional cost or non-performance caused or contributed to by the Client’s act, omission, delay, inaccuracy, lack of approval, late change, failure to provide access, failure to provide materials, or failure to meet its responsibilities.
8.4 If the Client delays the project or Booking, Join the Adventure Pty Ltd may revise dates, charge additional fees, reallocate resources, suspend work, or treat the Booking as postponed or cancelled.
9. Changes to scope
9.1 Any change to the agreed scope must be accepted by Join the Adventure Pty Ltd.
9.2 Join the Adventure Pty Ltd may charge additional fees for:
- additional revisions;
- changes after approval;
- urgent work;
- after-hours work;
- additional meetings or consultations;
- additional filming, editing, production or design time;
- additional campaign management or reporting;
- additional equipment, crew, travel or supplier costs;
- changes caused by inaccurate or incomplete Client information; and
- work not included in the original scope.
9.3 Join the Adventure Pty Ltd may require payment before performing additional work.
9.4 Any estimate of time, cost, performance, result or completion date is an estimate only unless Join the Adventure Pty Ltd expressly guarantees it in writing.
10. Delivery, timing and performance
10.1 Join the Adventure Pty Ltd will use reasonable endeavours to meet agreed dates and timeframes.
10.2 Timeframes depend on factors including Client approvals, supplier availability, weather, venue access, platform performance, campaign performance, third-party response times and the complexity of the work.
10.3 Unless expressly agreed in writing, time is not of the essence for delivery of services or deliverables.
10.4 Join the Adventure Pty Ltd is not liable for delay caused by the Client, suppliers, contractors, platforms, venues, government agencies, portals, advertising platforms, internet providers, broadcasters, social media platforms, search engines, real estate portals or other third parties.
10.5 Where delivery requires upload, publication, broadcast, livestream, website access, advertising approval, portal approval, platform approval or third-party processing, delivery is subject to the rules, timing and technical performance of those third parties.
11. Real estate services — JtA.RealEstate
11.1 Real estate agency services are supplied subject to applicable real estate legislation, regulations, statutory forms, agency appointments, industry rules and professional obligations.
11.2 Where a Form 6 appointment, conjunction agreement, campaign authority, seller authority or other real estate agreement applies, that document will govern the relevant agency relationship and commission entitlement to the extent required by law.
11.3 These Terms apply to JtA.RealEstate services to the extent they are not inconsistent with any mandatory law or signed agency appointment.
11.4 The Client must provide accurate and complete information about the property, title, ownership, approvals, improvements, inclusions, exclusions, tenancies, encumbrances, defects, notices, services, boundaries, development approvals, planning matters, body corporate matters, seller disclosure material and any other matter relevant to marketing, sale, lease or transaction activity.
11.5 JtA.RealEstate may rely on information provided by the Client, solicitors, town planners, surveyors, builders, certifiers, councils, government authorities, data providers, portals and other third parties.
11.6 JtA.RealEstate does not provide legal, financial, taxation, building, pest, engineering, surveying or town planning advice unless expressly stated in writing and legally permitted.
11.7 Marketing estimates, appraisals, comparable sales analysis, campaign recommendations, buyer feedback, price guidance and market commentary are opinions only and are not guarantees of price, timing, enquiry levels, buyer behaviour, finance approval, settlement, development outcome or sale result.
11.8 Advertising, photography, video, floor plans, signboards, portal listings, brochures, social media campaigns, email campaigns, copywriting, boosted posts and other campaign items are not secured or booked until payment has been made in full, unless Join the Adventure Pty Ltd agrees otherwise in writing.
11.9 The Client acknowledges that campaign costs may be incurred before a property is sold, leased, withdrawn or settled, and those costs may remain payable even if the transaction does not proceed.
11.10 The Client must not provide misleading information or withhold material information that may affect marketing, disclosure, negotiations, offers, contracts or settlement.
12. Live, AV and production services — JtA.LIVE
12.1 JtA.LIVE services may include production planning, technical direction, audiovisual equipment, livestreaming, recording, broadcast services, crewing, staging, audio, lighting, cameras, switching, graphics, streaming platforms, technical support and related services.
12.2 Production dates, equipment, crew, suppliers, studios, vehicles and technical resources are not secured until payment has been made in full, unless Join the Adventure Pty Ltd agrees otherwise in writing.
12.3 The Client must provide accurate event details, venue information, run sheets, access times, power availability, internet availability, loading access, parking information, contact details, safety requirements, technical requirements and any venue restrictions.
12.4 The Client is responsible for obtaining venue approval, event permissions, music licences, speaker releases, performer releases, audience notices, filming permissions, livestream permissions and any other permissions required for the event unless Join the Adventure Pty Ltd expressly agrees otherwise in writing.
12.5 Livestreaming, broadcast and recording services may depend on internet connectivity, venue infrastructure, power, platform performance, third-party systems, audience devices and other factors outside the control of Join the Adventure Pty Ltd.
12.6 Join the Adventure Pty Ltd is not liable for interruption, buffering, reduced quality, platform failure, internet failure, venue infrastructure failure, social media platform action, copyright takedown, power issue or other technical issue outside its reasonable control.
12.7 Join the Adventure Pty Ltd may make reasonable substitutions of crew, equipment, platforms, workflows or technical methods where required.
12.8 Unless expressly included in the quotation, raw footage, project files, isolated camera recordings, multitrack audio, graphics project files, livestream platform accounts and editable production files are not included.
12.9 The Client must ensure that the event environment is safe. Join the Adventure Pty Ltd may refuse, suspend or stop work if it considers there is a safety risk, unlawful activity, unreasonable conduct, harassment, abuse, unsafe weather, unsafe access or unacceptable risk to people or equipment.
13. Marketing and communications services — JtA.media
13.1 JtA.media services may include strategy, copywriting, graphic design, website work, content creation, photography, video, editing, social media, advertising support, campaign management, communications, media releases, brand messaging and related services.
13.2 Marketing outcomes are influenced by market conditions, audience behaviour, advertising platforms, budgets, timing, competition, algorithms, search engines, media interest, product-market fit, pricing, reputation and other factors outside the control of Join the Adventure Pty Ltd.
13.3 Join the Adventure Pty Ltd does not guarantee sales, leads, enquiries, media coverage, rankings, conversions, engagement, followers, reach, impressions, clicks, approval by advertising platforms, publication by media outlets or any specific commercial outcome unless expressly stated in writing.
13.4 The Client is responsible for reviewing and approving content, claims, prices, offers, disclosures, compliance statements, product descriptions, service descriptions and legal requirements before publication.
13.5 Join the Adventure Pty Ltd may rely on the Client’s approval as confirmation that the relevant material is accurate, lawful, authorised and suitable for publication.
13.6 Unless expressly included, advertising spend, media placement, printing, website hosting, domain names, plugins, stock assets, fonts, licences, subscriptions, third-party tools and platform fees are additional costs.
13.7 The Client must not supply material that infringes copyright, trade marks, moral rights, privacy, confidentiality, publicity rights or any other rights of a third party.
14. Approvals and revisions
14.1 The Client must review all drafts, proofs, edits, designs, copy, campaign material and deliverables carefully.
14.2 Approval may be given by email, message, online system, verbal instruction, payment, publication request or any other conduct indicating approval.
14.3 Once material is approved, further changes may incur additional fees.
14.4 Join the Adventure Pty Ltd is not liable for errors, omissions or issues in material approved by the Client, except to the extent caused by Join the Adventure Pty Ltd’s failure to exercise due care and skill.
14.5 If the Client does not provide feedback or approval within a reasonable time, Join the Adventure Pty Ltd may treat the project as delayed, suspended, approved, completed or cancelled, depending on the circumstances.
15. Intellectual property
15.1 Unless expressly agreed otherwise in writing, Join the Adventure Pty Ltd retains ownership of all intellectual property rights in its pre-existing materials, systems, templates, methods, know-how, processes, source files, working files, project files, code libraries, frameworks, prompts, workflows, tools, strategies, unpublished concepts and internal materials.
15.2 Subject to full payment of all amounts owing, the Client receives a licence to use the final approved deliverables for the purpose for which they were supplied.
15.3 Unless expressly agreed otherwise in writing, the Client does not receive ownership of or access to raw files, source files, editable files, project files, unused concepts, rejected concepts, working documents, internal notes, prompts, automation workflows, code libraries or production project files.
15.4 Join the Adventure Pty Ltd may withhold deliverables, licences, files, access or publication rights until all amounts owing have been paid.
15.5 The Client warrants that it has the right to use and provide all materials supplied to Join the Adventure Pty Ltd.
15.6 The Client indemnifies Join the Adventure Pty Ltd against claims arising from material, instructions or approvals provided by the Client, including claims relating to copyright infringement, trade mark infringement, defamation, misleading conduct, privacy breach, confidentiality breach or unlawful publication.
15.7 Join the Adventure Pty Ltd may use completed work, campaign results, screenshots, recordings, photographs, clips, case studies, designs and deliverables for portfolio, award, internal training, marketing and promotional purposes, unless the Client has expressly notified Join the Adventure Pty Ltd in writing that the work is confidential or must not be promoted.
16. Confidentiality
16.1 Each party must keep confidential information of the other party confidential and must not disclose it except:
- with consent;
- to professional advisers, staff, contractors or suppliers who need to know;
- as required by law;
- to perform the services;
- to enforce rights under these Terms; or
- where the information is already public other than through breach of these Terms.
16.2 Join the Adventure Pty Ltd may disclose Client information to staff, contractors, suppliers, portals, platforms, professional advisers, agencies, government authorities and service providers where reasonably required to provide the services, operate its business, comply with legal obligations, or as otherwise described in the Privacy Policy, provided that confidential information is handled consistently with any confidentiality obligations that apply.
17. Privacy
17.1 Join the Adventure Pty Ltd may collect, use, store and disclose personal information to provide services, manage bookings, process payments, communicate with clients, comply with legal obligations, conduct marketing, manage campaigns and operate its business.
17.2 The Client must ensure it has the right to provide personal information to Join the Adventure Pty Ltd.
17.3 Where the Client provides personal information about third parties, the Client must ensure that doing so is lawful and, where required, that the relevant person has been notified or has consented.
17.4 Join the Adventure Pty Ltd may use third-party platforms, software, cloud services, payment processors, CRMs, email systems, advertising platforms, real estate portals, production platforms and other service providers to perform services.
17.5 The Client acknowledges that information submitted through JtA websites, forms, chats, forums, project communications and digital services may be handled in accordance with the Privacy Policy.
17.6 The Privacy Policy explains how personal information and related data may be collected, used, disclosed, retained, reviewed and handled for service delivery, support, security, training, improvement and business operations.
18. Third-party suppliers and platforms
18.1 Join the Adventure Pty Ltd may use contractors, suppliers, freelancers, platforms, portals, software, AI tools, advertising platforms, payment processors, production suppliers, venues and other third parties to supply or support products and services.
18.2 Third-party goods and services may be subject to the third party’s own terms, limitations, warranties, service levels, availability and pricing.
18.3 Join the Adventure Pty Ltd is not liable for third-party failure, delay, price change, outage, refusal, account suspension, policy change, takedown, platform decision or supplier conduct, except to the extent required by law.
18.4 If a third-party cost increases or a third-party service becomes unavailable, Join the Adventure Pty Ltd may pass on the increase, substitute an alternative, vary the scope, or cancel the affected component.
19. AI-assisted services
19.1 Join the Adventure Pty Ltd may use AI-assisted tools as part of research, drafting, ideation, editing, automation, analysis, image generation, workflow support or service delivery.
19.2 AI-assisted outputs may require human review and may contain errors, omissions or inaccuracies.
19.3 The Client remains responsible for reviewing and approving final content, claims, prices, statements, legal compliance, factual accuracy and suitability before publication or use.
19.4 Join the Adventure Pty Ltd will not knowingly input confidential Client information into public AI systems in a way that is inconsistent with its confidentiality obligations, but the Client acknowledges that AI-assisted tools may form part of modern production, support, analysis and workflow processes.
19.5 Use of AI-assisted tools and JtAi is also subject to the Privacy Policy, which explains how information may be processed, reviewed, retained and used for service delivery, support, security, training and improvement. Where information is provided in a confidential client or professional services context, Join the Adventure Pty Ltd will take reasonable steps to handle it consistently with any confidentiality obligations that apply.
20. Warranties and consumer guarantees
20.1 Join the Adventure Pty Ltd will provide services with due care and skill.
20.2 Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
20.3 To the maximum extent permitted by law, all guarantees, warranties, representations and conditions not expressly stated in these Terms are excluded.
20.4 Where Join the Adventure Pty Ltd is permitted by law to limit its liability for breach of a consumer guarantee or other non-excludable guarantee, its liability is limited, at its option, to:
- supplying the services again;
- paying the cost of having the services supplied again;
- replacing the goods or supplying equivalent goods;
- repairing the goods;
- paying the cost of replacing the goods or acquiring equivalent goods; or
- paying the cost of having the goods repaired.
20.5 The Client acknowledges that services involving marketing, media, real estate, production, events, livestreaming, advertising and communications may involve subjective judgment, market conditions, third-party platforms, technical variables and external factors that cannot be guaranteed.
21. Limitation of liability
21.1 To the maximum extent permitted by law, Join the Adventure Pty Ltd is not liable for indirect, consequential, special, incidental, economic or reputational loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, loss of anticipated savings, loss of bargain, loss of production, loss of use, loss of market, business interruption or third-party claims.
21.2 To the maximum extent permitted by law, Join the Adventure Pty Ltd’s total aggregate liability arising out of or in connection with a Booking, product, service, campaign, project or agreement is limited to the amount paid by the Client to Join the Adventure Pty Ltd for the relevant Booking, product, service, campaign or project giving rise to the claim.
21.3 The limitation in clause 21.2 does not apply to liability that cannot lawfully be limited.
21.4 The Client must take reasonable steps to mitigate any loss.
22. Indemnity
22.1 The Client indemnifies Join the Adventure Pty Ltd, its officers, employees, contractors and agents against loss, liability, claim, damage, cost or expense arising from:
- the Client’s breach of these Terms;
- inaccurate, incomplete or misleading information supplied by the Client;
- material supplied, approved or authorised by the Client;
- the Client’s breach of law;
- the Client’s negligence or wilful misconduct;
- claims by third parties arising from the Client’s event, property, campaign, product, service or publication;
- unsafe sites, venues, events or working conditions controlled by the Client or its representatives;
- infringement of intellectual property rights caused by Client-supplied material or instructions; and
- defamation, misleading conduct, privacy breach or confidentiality breach caused by Client-supplied material or instructions.
22.2 The indemnity is reduced to the extent that the loss is caused by Join the Adventure Pty Ltd’s negligence, breach of these Terms or breach of law.
23. Safety, conduct and refusal of service
23.1 Join the Adventure Pty Ltd may refuse, suspend or stop work where it reasonably considers that:
- there is a safety risk;
- the Client or another person is abusive, threatening, harassing or unreasonable;
- the work may be unlawful, misleading, defamatory or unethical;
- required access, information, payment or approvals have not been provided;
- the working environment is unsafe;
- continuing the work may damage Join the Adventure Pty Ltd’s reputation; or
- continuing the work may expose Join the Adventure Pty Ltd to legal, regulatory, safety or financial risk.
23.2 If work is refused, suspended or stopped because of the Client’s conduct or circumstances within the Client’s control, the Client remains liable for all amounts payable and costs incurred.
24. Non-solicitation
24.1 The Client must not, without Join the Adventure Pty Ltd’s written consent, directly engage, employ, contract or solicit any employee, contractor or supplier introduced by Join the Adventure Pty Ltd in connection with the services for a period of 12 months after the later of:
- the last date services were supplied; and
- the last date the relevant person was involved in the services.
24.2 If the Client breaches this clause, Join the Adventure Pty Ltd may claim its reasonable losses, including recruitment costs, lost margin, project disruption costs and other loss arising from the breach.
25. Termination
25.1 Join the Adventure Pty Ltd may terminate or suspend a Booking, project, campaign or service immediately by notice if:
- the Client fails to pay an amount when due;
- the Client breaches these Terms and does not remedy the breach within 7 days after notice;
- the Client becomes insolvent or appears unable to pay its debts;
- the Client requests unlawful, unsafe, misleading, unethical or reputationally harmful work;
- the Client fails to provide required access, information, approvals or cooperation;
- a Force Majeure Event prevents or materially affects performance; or
- Join the Adventure Pty Ltd reasonably considers that continuing is impractical, unsafe or commercially unreasonable.
25.2 On termination, the Client must immediately pay all amounts owing, including fees for work performed, Disbursements, committed costs, cancellation costs and any other amount payable under these Terms.
25.3 Termination does not affect rights accrued before termination.
26. Disputes
26.1 A party must not commence court proceedings in relation to a dispute arising under these Terms unless it has first attempted to resolve the dispute in good faith, except where urgent injunctive or interlocutory relief is required.
26.2 If a dispute arises, either party may give written notice describing the dispute. The parties must then attempt to resolve the dispute within 14 days.
26.3 If the dispute is not resolved within 14 days, the parties may agree to mediation or another dispute resolution process.
26.4 Nothing in this clause prevents Join the Adventure Pty Ltd from taking action to recover unpaid amounts.
27. Notices
27.1 A notice may be given by email, post, hand delivery or any other method agreed by the parties.
27.2 A notice sent by email is taken to be received when sent, unless the sender receives an automated delivery failure notice.
27.3 The Client must keep its contact details up to date.
28. Severance
28.1 If any provision of these Terms is invalid, void, illegal or unenforceable, that provision is to be read down to the extent necessary to make it valid and enforceable.
28.2 If it cannot be read down, it is severed and the remaining provisions continue in force.
29. Waiver
29.1 A waiver is only effective if it is in writing and signed by the party giving the waiver.
29.2 A failure or delay in exercising a right does not waive that right.
30. Changes to these Terms
30.1 Join the Adventure Pty Ltd may update these Terms from time to time by publishing an updated version on its website.
30.2 The Terms that apply to a Booking, product or service are the Terms in effect at the time the Booking is accepted, unless the parties agree otherwise or the change is required by law.
31. Governing law
31.1 These Terms are governed by the laws of Queensland, Australia.
31.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of the Commonwealth of Australia.
32. Survival
32.1 Clauses relating to payment, cancellation, credits, intellectual property, confidentiality, privacy, warranties, limitation of liability, indemnities, dispute resolution, governing law and any other clause intended by its nature to survive will survive completion, expiry or termination.
33. Contact
For questions about these Terms, contact: