Standard Terms and Conditions

These terms and conditions apply to the use of The Sports Experience Company (TSEC) websites found at www.sportsexperiencecompany.com and www.sportsexperiencecompany.rezdy.com. In addition, The Sports Experience Company Privacy Policy applies to your use of these websites. These terms and conditions specifically refer to the following products which may be purchased or accessed via our websites:

TSEC Products

Experience Voucher – a voucher for a specific experience
Gift Card – a voucher with a dollar value that can be used as currency to purchase from TSEC websites
Extra – a product that is selected as an add-on when purchasing an Experience Voucher

Throughout these terms and conditions, the above products are collectively referred to as ‘TSEC Products’.

Making a Purchase

When you purchase TSEC Products you become legally bound by these terms and conditions and TSEC Privacy Policy. Please do not proceed to purchase/use your TSEC Products until you have read, understood and accepted these terms and conditions.  When you make a purchase on behalf of another individual (such as purchasing an experience or gift card for them) and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our privacy policy. This would include, for example, using their email address to undertake delivery of the purchase. If you have any queries, please contact us and we will be pleased to assist: sales@sportsexperiencecompany.com

Refunds

If you have purchased an Experience Voucher from The Sports Experience Company, you can request a refund of the Experience Voucher within 14 days of the purchase date if you have a change-of-mind. The refund excludes any delivery or transaction fees paid at the time of purchase. The change of mind refund excludes Gift Cards or Extras or any Experience Vouchers where it specified that they are non-refundable or transferable. Change-of-mind refunds are only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been booked on TSEC’s system. Once you have requested a booking, your voucher cannot be cancelled and is not refundable for a change-of-mind, but may be subject to a credit if the experience cannot be fulfilled. 

The refund will be processed back to the purchaser only.  The Change-of-Mind Policy does not apply to Gift Cards or Extras. After the elapse of 14 days from the purchase date, no refunds will be granted for ‘Change-of-Mind’.  The Change of Mind policy above is in addition to your rights under Australian Consumer Law in respect of guarantees and warranties for our products and services which by law cannot be excluded.  You should contact TSEC with any issues with TSEC Products purchased through this website. Upon receiving your query, TSEC will contact the supplier or Experience Provider to endeavour to resolve the issue on your behalf. If your issue cannot be resolved, we will provide you a remedy in accordance with your statutory consumer guarantee rights and these terms and conditions.

In respect of products purchased on TSEC’s website (e.g. Extras and their contents) they must be of acceptable quality, free from defects, match what was advertised and be reasonably fit for the purpose considering the prices and description provided to you at the point of sale. If there is a major failure with the product not fulfilling any of these criteria then you will be entitled to a refund in accordance with your statutory consumer guarantee rights so long as the complaint is made to us within a reasonable period of time.

In respect of services it is the independent Experience Providers who provides the experience to you following the redemption of an experience voucher. You will be entitled to a refund in accordance with your statutory consumer guarantee rights if there is a major failure with the Experience Provider not providing the experience with due skill and care, not providing the experience within a reasonable period of time within the validity period (18 months), or with the experience not being fit for the purpose described at the point of sale. Where the Consumer Law does not apply to a circumstance beyond the control of either or both of TSEC or the Experience Provider, TSEC will provide you with a credit.  Please note that refunds can only be processed back to the original purchaser.

Experience Vouchers

The purchaser or recipient of an experience voucher, at any time during the validity period, can make a booking, for any experience on TSEC website. The experience presented on the voucher is only a suggestion from the purchaser of the voucher. The voucher holder is not limited to the experience displayed on the voucher.  Change in experience choice is only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been requested on TSEC system.  Any experience voucher changed for an alternative experience will maintain the original expiry date of the voucher. If the new experience chosen is of lesser value, any remaining balance will be held on your TSEC account. This amount is subject to the same expiry date as the original voucher. If you choose an experience of higher value, you will be required and prompted to pay the difference. The value of your voucher that becomes available does not include any delivery or transaction fees paid at time of purchase.

Gift Cards

Exchanges for change-of-mind do not apply to Gift Cards.  Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed. Gift cards are redeemable for any product on TSEC website. They are not redeemable for cash and cannot be refunded or exchanged for change-of-mind. Gift cards cannot be used in conjunction with promotional offers. Gift cards will expire 3 years from the date of issue. If the date of issue is not specified, the expiry date will be 3 years after the date of purchase. Will be void and may not be redeemed after expiry date. Cannot be reloaded. Cash will not be given for any unused amount. Purchases exceeding available balance require the difference paid by other payment method. We reserve the right to change the terms contained in these Terms of Use at any time.

Extras

Once an Extra has been purchased and dispatched, it cannot be exchanged for change-of-mind.

Prices

We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.

TSEC charges a transaction fee to recover the costs it incurs for credit card payments. Fees will not apply when redeeming a gift voucher or using TSEC credit. If transaction fees apply, the transaction fees charged will be clearly displayed to TSEC customers at the time of purchase.  Sometimes, despite our best efforts, products may be incorrectly displayed on our website at a price that is lower than the correct price. Where there is such a manifest error, we will notify you of the error as soon as possible to provide you with the option of purchasing the product at the correct price. In the event that you do not wish to pay the correct price, we reserve our rights to cancel your order, in which case we will refund you any payments that you have made to us in respect of that product.

Transfer of TSEC Gift Cards

Gift cards:  All valid and unused Gift Cards are fully transferable. TSEC accepts no responsibility for any stolen or fraudulent Gift Cards. It is the holder’s responsibility to ensure the safe-keeping of the Gift Cards(s). Gift Cards may not be resold or offered for resale (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes. If a Gift Card is sold or used in breach of this condition, the Gift Card may be cancelled without a refund and the holder of the Gift Card will be unable to use the Gift Card. TSEC cannot guarantee the validity of any Gift Card offered for resale on 3rd party websites such as Viagogo, Facebook, eBay or Gumtree. Transfer does not apply to TSEC extras.

Lost Gift Cards:  If a TSEC Gift Card is received and subsequently lost, the recipient may be eligible to have a replacement card emailed to them. Conditions for replacement of lost TSEC Gift Cards: The card is still valid and has not yet been exchanged or used. Proof of purchase is provided; either an order number, purchaser’s full name or purchaser’s email address. TSEC is able to correctly verify you as the original recipient.  Please note it is the card recipient’s responsibility to obtain and provide TSEC with all required verification details. Failure to do so will mean no replacement card can be issued.

Expiry Extensions: Gift Cards will remain valid for 36 months from the date of purchase. After 18 months, if the price of the experience has increased, an additional amount will need to be paid at the time of booking. After 18 months, if the experience is no longer available a TSEC Credit will be provided for the amount paid for the voucher.  If your Gift Card is close to or has expired up to a maximum of 90 days past the expiry date, you can request an extension for a maximum of 90 days. This will incur a $30 extension fee paid at the time of extension.   If your Gift Card expired greater than 90 days ago the card cannot be extended under any circumstances. Expired cards are non-refundable in whole or in part. After a card has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of TSEC. If you are eligible for an extension, please contact sales@sportsexperiencecompany.com. Please note an extension can only be granted once per voucher.

Gift Card Delivery via Email: TSEC is not liable or responsible for any loss suffered as a result of a Gift card via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Card, please contact us to send vouchers to an alternative email address. Alternatively, we can change the delivery method which would incur the normal delivery fee of that service.

TSEC Extras

It is the responsibility of the purchaser to correctly address Extras. TSEC cannot be held responsible for any damaged, missing or delayed orders where: Incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided. It has been requested that the item be left unattended.  TSEC Extras are normally dispatched via Australia Post E-Parcel. TSEC accepts no responsibility for any damage, loss or delay as a result of using this service. Australia Post typically delivers between 9am and 5pm (Mon-Fri) and specific dates and times cannot be guaranteed. All Extras deliveries must be signed for (unless specified to leave unattended) and we cannot deliver to PO Boxes. A redelivery charge of $16.50 will apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.

Providers of Experiences

Nothing in these terms (including the exclusions and limitations in this section) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law.  Experiences are sold by TSEC as an agent for businesses that provide lifestyle and recreational services to customers (‘Experience Providers’). TSEC provides the contract and it is not finalised until the experience has been fulfilled by the Experience Provider. TSEC is not a provider of experiences (unless stated otherwise) and Experience Providers provide these services directly to customers.

TSEC has no responsibility for any services or experiences provided or not provided to you by the Experience Provider or any other party. TSEC makes no warranty or representation regarding the standard of any service to be provided to you by the Experience Provider. All TSEC Experience Vouchers are issued subject to the terms and conditions of each Experience Provider and these TSEC terms and conditions. TSEC does not control the business operations of any Experience Provider. TSEC makes no guarantees or warranties about the services that are provided to you by the Experience Providers.

TSEC’s Liability

Nothing in these terms (including the exclusions and limitations in this section) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law. Subject to such legislation, TSEC has:
No liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party. No liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party.

Where TSEC’s liability cannot be excluded, such liability is limited to the value of the Experience Voucher, Gift Card or Extras purchased. Where an experience cannot be fulfilled on a temporary basis due to a circumstance beyond the control of either or both of TSEC or the Experience Provider, TSEC will provide you with a credit to use once those circumstances resolve.

 Availability of Experiences

All experiences are offered by experience providers subject to availability. Bookings are recommended to be made at least 3 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received confirmation from the Experience Provider. Please be advised that some experiences display availability dates on the website. These dates are guidelines only and are subject to change. We suggest that if you plan to purchase a voucher for a date listed at short notice, you contact us to ensure there is still availability before completing the transaction.

All TSEC experiences are subject to removal from our website at any time without notice. In the event that you have sought to fulfil your experience by booking and that experience is removed from the site and the experience provider is no longer honouring bookings or the experience is otherwise no longer available, you will be offered a choice of remedy in accordance with your statutory consumer guarantee rights such as a TSEC Credit for the value of the voucher (which will be given to the holder of the voucher), for an alternative experience of the same value (if available). In the event no reasonable alternative is available and the experience is still within the validity period (18 months from date of purchase). TSEC will provide a refund back to the original purchaser only. If the voucher is outside the validity period you will be offered a TSEC Credit for the value of the voucher. The TSEC Credit will have the same expiry date as the original experience voucher.
 
Where you receive a refund, the refund will be processed back to the purchaser only (we are unable to provide a refund to the recipient of an experience voucher) for the original amount paid excluding any delivery and transaction fees. The experience voucher will be credited in the original form of tender. TSEC accepts no liability for the removal of experiences from the website.

Contact Details Given to Experience Providers

It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on TSEC website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the experience provider will be expecting you, you may end up forfeiting your voucher (subject to the experience provider’s terms and conditions).

Booking Cancellations

Our experience providers have their own cancellation policies which you are bound to follow. Please refer to the cancellation terms section on the product description page for the policy specific to your chosen experience. In the case of short notice cancellations by you, you may lose your voucher completely if the experience provider is unable to fill your space on the day. If an experience provider needs to cancel an experience for any reason, you will be offered to reschedule to a convenient alternative, or provided with a credit from the supplier.

If the experience provider is unable to reschedule, please contact TSEC within 3 days from the date of cancellation to arrange a refund to the payment method you used to make  the booking. In the event of multiple experience cancellations by the Experience Provider or if the Experience Provider cannot reschedule within a reasonable period of time, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights. Except as required by your statutory consumer guarantee rights, TSEC will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.

The Weather

Many experiences are weather dependent. You will have the Experience Provider’s details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call on the morning of your experience if you have any doubt about the weather suitability. If bad weather affects a booking, you will be offered alternative times to reschedule at no cost to you, or provided with a credit from the supplier. If the experience provider is unable to reschedule, please contact TSEC within 3  days of the cancellation to arrange a refund to the payment method you used to make the booking. In the event of multiple cancellations for adverse weather or if the Experience Provider cannot reschedule within a reasonable period of time, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights.

Complaints or Problems During Your Experience

If you have a problem or a complaint on the day of your experience, please bring this to the experience provider’s attention immediately so that issues may be addressed on the spot, where possible.

Insurance

Some of the experiences that we promote as an agent are considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. TSEC can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever (subject to your statutory consumer guarantee rights). The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.

Experiences

Independent experience providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up-to-date. However, the content or format of some experiences may change slightly from time to time. The experience provider (upon confirmation of each booking) will provide the final details about each experience. The experience provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the experience provider’s terms and conditions at the time your booking is confirmed by the experience provider.

Extras

At certain times we may need to change the contents of TSEC Extras, for example where individual items are out of stock or have become obsolete. We will ensure that any replacement item is of comparable quality and if this is not possible, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights.

Illustrations on Our Sites

The photographs used on our websites to illustrate single or multi-location experiences are provided to us by experience providers and are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.

Experience Locations

TSEC experience providers are located at many of Australia and New Zealand’s best locations. We are continually adding locations but occasionally we may need to stop featuring some venues. Where locations are described as “Australia-wide” the description is indicative only. Some experiences may not be available in remote areas.

Experience Session Length

Experience session lengths are approximate and are given by experience providers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the experience provider’s other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.

Restrictions on Taking Experiences

Certain experiences provided by experience providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience or forfeit the experience altogether.

The Sports Experience Company Legal Entities

TSEC website (www.sportsexperiencecompany.com) is owned and operated by The Sports Experience Company Pty Ltd (ABN 13 662 719 619). We reserve the right to change these terms and conditions without notice.

Information security

Notwithstanding the reasonable steps taken to keep information secure, breaches may occur.  In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving personal information, and if so, to assess if it is a breach that would require notification.  If it is, we will notify affected parties in accordance with Privacy Act requirements.

In the event of a security incident involving unauthorised access, use or disclosure of personal information where a third party with whom we share personal information is involved, we will seek to work cooperatively with them to protect the personal information we have shared with them.