Website Terms and Conditions of Use

1. About the Website

  1. Welcome to cycadventures.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
  2. The Website is operated by CYC Burleigh (ABN 21 483 597 481). Access to and use of the Website, or any of its associated Products or Services, is provided by CYC Burleigh. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. CYC Burleigh reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CYC Burleigh updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by CYC Burleigh in the user interface.

 

3. Registration to use the Purchase Services

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Mailing address
    2. Name
  2. You warrant that any information you give to CYC Burleigh in the course of completing the registration process will always be accurate, correct and up to date.
  3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
  4. You may not use the Purchase Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with CYC Burleigh; or
    2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
    1. the Terms;
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CYC Burleigh of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of CYC Burleigh providing the Purchase Services;
    6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by CYC Burleigh for any illegal or unauthorised use of the Website; and
    8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

 

5. Purchase of Products and Returns Policy

  1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
  2. Payment of the Purchase Price may be made through (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  3. Following payment of the Purchase Price being confirmed by CYC Burleigh, you will be issued with a receipt to confirm that the payment has been received and CYC Burleigh may record your purchase details for future use.
  4. CYC Burleigh may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

 

6. Delivery

  1. You acknowledge that the Purchase Services offered by CYC Burleigh integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
  2. In providing the Purchase Services, CYC Burleigh may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that CYC Burleigh is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
  3. In the event that an item is lost or damaged in the course of the Delivery Services, CYC Burleigh asks that you:
    1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
    2. contact us by sending an email to admin@cycburleigh.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 

7. Warranty

  1. CYC Burleigh’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
  2. You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 7 days from the date of purchase (Warranty Period).
  3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to CYC Burleigh showing the date of purchase of the Products, provide a
    description of the Products and the price paid for the Products by sending written notice to CYC Burleigh by email at admin@cycburleigh.com.au.
  4. Where the Warranty Claim is accepted then CYC Burleigh will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
  5. The Warranty shall be the sole and exclusive warranty granted by CYC Burleigh and shall be the sole and exclusive remedy available to you in addition to other rights and under a
    law in relation to the Products to which this warranty relates.
  6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
  7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 

8. Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of CYC Burleigh are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by CYC Burleigh or its contributors.
  2. CYC Burleigh retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of CYC Burleigh; or
    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  3. You may not, without the prior written permission of CYC Burleigh and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

9. Privacy

CYC Burleigh takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to CYC Burleigh’s Privacy Policy, which is available on the Website.

 

10. General Disclaimer

  1. You acknowledge that CYC Burleigh does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  2. CYC Burleigh will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  4. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    2. CYC Burleigh will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  5. Use of the Website, the Purchase Services, and any of the products of CYC Burleigh (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of CYC Burleigh, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of CYC Burleigh including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of CYC Burleigh) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    4. the Content or operation in respect to links which are provided for the User’s convenience;
    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

11. Limitation of Liability

  1. CYC Burleigh’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of CYC Burleigh is the resupply of information or Purchase Services to you.
  2. You expressly understand and agree that CYC Burleigh, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. CYC Burleigh is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of CYC Burleigh, by third parties or by any of the Purchase Services offered by CYC Burleigh.
  4. You acknowledge that CYC Burleigh does not provide the Delivery Services to you and you agree that CYC Burleigh will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

 

12. Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by CYC Burleigh as set out below.
  2. If you want to terminate the Terms, you may do so by:
    1. notifying CYC Burleigh at any time; and
    2. closing your accounts for all of the Purchase Services which you use, where CYC Burleigh has made this option available to you.
  3. Your notice should be sent, in writing, to CYC Burleigh via the ‘Contact Us’ link on our homepage.
  4. CYC Burleigh may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms or intend to breach any provision;
    2. CYC Burleigh is required to do so by law;
    3. the partner with whom CYC Burleigh offered the Purchase Services to you has terminated its relationship with CYC Burleigh or ceased to offer the Purchase Services to you;
    4. CYC Burleigh is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    5. the provision of the Purchase Services to you by CYC Burleigh is, in the opinion of CYC Burleigh, no longer commercially viable.
  5. Subject to local applicable laws, CYC Burleigh reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CYC Burleigh’s name or reputation or violates the rights of those of another party.
  6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and CYC Burleigh have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

13. Indemnity

  1. You agree to indemnify CYC Burleigh, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    3. any breach of the Terms.

 

14. Dispute Resolution

14.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3 Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Queensland, Australia.
     

14.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

15. Venue and Jurisdiction

The Purchase Services offered by CYC Burleigh are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

 

16. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
 
 
 
 
 

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PERSPECTIVE

We choose to see the glass half full.

EMPATHY

We actively seek to understand others.

APPRECIATION

We choose to show gratitude in all circumstances.

Gratitude is one of the most important strengths for human flourishing, it is defined as the quality of being thankful. Grateful people have a sense of abundance, an appreciation of simple pleasures and value the contribution of others to their well-being (Watkins & Bell, 2017). Numerous studies have been conducted on the impact gratitude has on a person’s satisfaction with life and their happiness. One such study conducted by Witvliet, Richie, Root Luna, & Van Tongeren, (2019) found that reflecting on past hopes and happiness strengthens a person’s current state of happiness and hope. Unanue et al, (2019) study aimed to find evidence of the relationship between gratitude and life satisfaction, the study states,

“Research has found that higher gratitude is associated with a better life, indexed as higher positive affect, self-esteem, positive emotions, optimism, autonomy, environmental mastery, relationships, personal growth, meaning in life, and self-acceptance. Gratitude has also been associated with lower ill-being in terms of negative affect, depression, anxiety, phobia, bulimia, addictions, negative emotions, dysfunctions, anger, and hostility.”

It is clear that gratitude is an important foundation for a thriving individual. To develop gratitude Thrive utilises reflection, appraisal and writing activities as well as debriefing experiences on the field. Many opportunities are given to experience challenges and gain perspective. In order to thrive, students will learn to view the world around them with a positive perspective, seeing that the glass is half full. Through a wholistic camp approach, campers will exercise empathy, whether it be relating to others navigating home sickness or rejoicing with those who have overcome an obstacle. Campers are encouraged to show their appreciation for each other throughout team activities and during debriefs. When challenging situations arise there is always something to be grateful for.

COMPASSION

We suffer together.

HOPE

We believe for better.

TRUST

We choose to be vulnerable.

FORGIVENESS

We free ourselves from resentment and others from vengeance.

INTEGRITY

We are consistently principled in word and deed.

We require and desire meaningful relationships within our community. Studies show that students with positive peer relationships are more likely to excel in schools, are more adaptive and have an overall positive emotional well-being (Wentzel, 2017). Thrive aims to help students develop relationships that are not surface level but meaningful. Joseph Allen a psychology professor at the University of Virginia states,

“As technology makes it increasingly easy to build a social network of superficial friends, focusing time and attention on cultivating close connections with a few individuals should be a priority.”

To develop students’ skills in relationships the Thrive approach looks at areas and issues people often struggle to incorporate into relationships: integrity, compassion, trust and forgiveness. Camp activities requiring teamwork encourage students to be vulnerable and honest with their friends, to break down walls and allow a deeper connection to be built. The camp environment provides ample opportunities for students to invest in meaningful relationships that will enrich their lives in the present and prepare them for the future.

INITIATIVE

We take responsibility for our future.

INDEPENDENCE

We choose to face challenges autonomously.

INTERDEPENDENCE

We accept the help of others.

CREATIVITY

We invent new strategies to thrive under pressure (develop/create).

HUMOUR

We don’t take ourselves too seriously.

Antifragile people develop a mental and emotional capacity that allows them to adapt with ease during adversity, growing in strength under pressure like the immune system or muscular development. In some ways anti-fragility is closely related to the concept of resilience. However, resilience in individuals is the ability to bounce back from adversity, whereas anti-fragility is the ability to bounce back from adversity stronger than before. It helps to think of it like this – a fine wine glass is fragile, if you drop it on the ground it will break. However, a plastic cup, if dropped on the ground may bend or flex on impact but will immediately bounce back into its original form or shape. In this case the resilient cup has not been damaged by adversity nor has it developed a greater capacity to deal with adversity. Antifragile people grow in strength under pressure in the same way our muscles develop.

As you may have experienced, challenges can ‘make or break’ us and they are valuable for shaping and strengthening character. The camp environment creates opportunities for students to challenge themselves within a safe and supportive environment so that they can grow. Throughout our lives we are all subject to suffering to some degree and it is our choice what we do with that suffering. The Thrive approach endeavours to equip students to be able to grow from difficult situations in order to thrive.

“Antifragility is beyond resilience or robustness. The resilient resists shocks and stays the same; the antifragile gets better.” – Nassim Taleb

MEANING

We actively seek meaning.

MINDFULNESS

We are present.

SOLIDARITY

We value the company of others.

Spiritually aware people often have greater sense of meaning and higher levels of personal growth. Dr Harold G Koenig of Duke University concluded, based on an exhaustive analysis of more than 1500 reputable medical studies, that “people who are more religious and pray more have better mental and physical health” he went on to say that spiritual people, those who pursue divine assistance,” cope with stress better, they experience greater well-being…”. With this research in mind, students will be encouraged to take moments to slow down and be present at camp. The Thrive approach encourages students to find their place, to know that they belong in a community and have a meaningful role to play. Spending time with their peers outside of the four walls of their classroom allows students to unify on deeper levels and truly come to value each other’s company.

“Yesterday is gone. Tomorrow has not yet come. We have only today. Let us begin.”- Mother Theresa

TIME

We prioritise time toward people and not things.

PEOPLE

We give of ourselves for the sake of others.

TALENTS

We bless people and community with our skills and abilities.

RESOURCES

We consider recourses a blessing to bless others with.

Happiness happens when you give, not when you get (Max Lucardo, 2019). Those who give away, rather than those who hoard and accumulate, have a more developed awareness of happiness. Living generously has positive outcomes for both the giver and the recipient, regardless of age or culture. This principle does not only apply to material ‘things’ such as money, but when you give of your time, talents and resources. A thriving individual is one who understands that it is better to give than receive. Campers working in community with one another will have something positive to contribute. Throughout the Thrive Program students are given the opportunity to understand what talents they possess and how to harness these in order to become a contributing member of society.

“I don’t know what your destiny will be, but one thing I do know. The only ones among you who will be really happy are those who will have sought and found – how to serve” – Albert Schweitzer