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Terms of Use

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These Terms of Use ("Terms") govern your access to and use of the website sparkclearingux.world and the personalised outdoor activity plan products and services offered by Sparkclearingux. By accessing our website, purchasing an activity plan, or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Definitions

In these Terms, the following definitions apply:

  • "Sparkclearingux," "we," "us," or "our" refers to the business operating at 40/37-39 Albert Rd, Melbourne VIC 3004, Australia
  • "Website" means sparkclearingux.world and all associated pages and subdomains
  • "Services" means the design, creation, and delivery of personalised outdoor activity plans and related planning consultations
  • "Products" means our outdoor activity plan packages including Park Circuit Blueprint, Coastal Explorer Plan, Summit Series Custom, and any other plan offerings listed on our website
  • "User," "you," or "your" means any individual or entity accessing the Website or purchasing our Products
  • "Content" means all text, graphics, route maps, schedules, images, and other materials provided through our Products and Website

2. Acceptance of Terms

By browsing sparkclearingux.world, submitting a contact form, or completing a purchase, you confirm that you are at least eighteen years of age, have the legal capacity to enter into binding agreements, and agree to comply with these Terms, our Privacy Policy, Cookies Policy, and Return Policy. These documents collectively form the agreement between you and Sparkclearingux.

3. Description of Services

Sparkclearingux provides personalised outdoor activity planning services. Our Products include digitally delivered plans containing curated routes, weekly activity schedules, preparation checklists, safety notes, and optional revision services as described on our Activity Plans page. Our services are informational and planning in nature. We do not accompany clients on outdoor activities, provide physical training instruction, or guarantee specific fitness outcomes.

4. Account and Order Process

To purchase an outdoor activity plan, you may contact us through our website contact form, by phone at +61 1800 094 927, or via email at contact@sparkclearingux.world. Upon receiving your order and payment confirmation, we will send a questionnaire to gather information necessary for plan customisation. Plans are typically delivered within forty-eight business hours of receiving completed questionnaire responses, unless otherwise agreed in writing.

5. Pricing and Payment

All prices displayed on sparkclearingux.world are in Australian Dollars (AUD) and include applicable Goods and Services Tax (GST) where required by Australian law. Prices are subject to change without notice, but changes will not affect orders already confirmed. Payment must be received in full before plan creation commences. We accept payment methods as communicated during the ordering process. Failure to provide payment may result in cancellation of your order.

6. Intellectual Property

All Content on the Website and within our outdoor activity plan Products, including route designs, schedules, text, graphics, and branding, is the intellectual property of Sparkclearingux or our licensors and is protected by Australian and international copyright laws. Upon full payment, you receive a personal, non-exclusive, non-transferable licence to use the delivered plan for your own outdoor activities. You may not reproduce, distribute, sublicense, sell, or publicly share any plan Content without our prior written consent.

7. User Responsibilities

When using our Products and Services, you agree to:

  • Provide accurate and complete information during the ordering and customisation process
  • Assess your own physical capabilities and consult appropriate professionals before undertaking any outdoor activity
  • Follow all local park rules, trail regulations, and safety guidelines when executing your activity plan
  • Check current weather, trail conditions, and access restrictions before each outing
  • Not rely solely on our plans for navigation in remote or hazardous environments without additional preparation
  • Use the Website only for lawful purposes and in accordance with these Terms
  • Not attempt to gain unauthorised access to our systems, interfere with website functionality, or engage in any activity that could harm Sparkclearingux or other users

8. Disclaimers

Outdoor activities involve inherent risks including uneven terrain, weather changes, wildlife encounters, and physical exertion. Sparkclearingux plans are created based on information available at the time of preparation and may not reflect real-time trail closures, maintenance works, or environmental changes. To the fullest extent permitted by Australian law:

  • Our Products and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied
  • We do not warrant that plans will be error-free, uninterrupted, or suitable for every individual
  • We are not responsible for injuries, losses, or damages arising from your participation in outdoor activities based on our plans
  • Route conditions, distances, and difficulty ratings are estimates and may vary from actual on-ground conditions

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot be lawfully excluded.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Sparkclearingux, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Website, Products, or Services. Our total aggregate liability for any claim arising from or related to these Terms shall not exceed the amount you paid for the specific outdoor activity plan giving rise to the claim. This limitation does not apply to liability that cannot be excluded under the Australian Consumer Law.

10. Revisions and Support

Revision entitlements vary by Product as described on our Activity Plans page. Park Circuit Blueprint includes one complimentary revision, Coastal Explorer Plan includes two revisions within sixty days, and Summit Series Custom includes unlimited revisions for ninety days. Revision requests must be submitted in writing via our contact channels. Additional revisions beyond the included allowance may be subject to additional fees at our discretion.

11. Termination

We reserve the right to suspend or terminate your access to the Website and Services if you breach these Terms, engage in fraudulent activity, or misuse our Products. Upon termination, your licence to use delivered plan Content ceases, and you must delete all copies of plan materials in your possession. Provisions that by their nature should survive termination, including intellectual property, disclaimers, and limitation of liability, shall remain in effect.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising from these Terms or your use of Sparkclearingux services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. If you are a consumer, you may also have rights under the Australian Consumer Law that cannot be excluded by agreement.

13. Changes to Terms

We may modify these Terms at any time by posting the updated version on sparkclearingux.world. Material changes will be indicated by updating the "Last updated" date. Your continued use of the Website or Services after changes constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically.

14. Contact Information

For questions about these Terms of Use, please contact Sparkclearingux:

40/37-39 Albert Rd, Melbourne VIC 3004, Australia
Phone: +61 1800 094 927
Email: contact@sparkclearingux.world

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