1. Acceptance
- To utilise the services of Void to Voyage you must first agree to the terms as outlined herewith (“the Terms and Conditions”).
- Your use of the services of Void to Voyage is limited to the Terms and Conditions set in this document and any applicable law.
- Your breach of the Terms and Conditions and any applicable laws may create damages or losses to Void to Voyage. As an understanding and acceptance of the Terms and Conditions, you will be obligated to reimburse Void to Voyage for damages and losses.
- You can accept the terms by either: making payment for services and supports and/or by signing a Services Agreement with Void to Voyage.
2. Language
2.1 The Terms and Conditions are to be construed in, and governed by, the English version.
3. Booking Requirements
Proof of Identification –
- Void to Voyage may require you to provide proof of identification or both yourself and the Participant before processing your booking.
- The form and content of identification is to be determined by, and at the discretion of, Void to Voyage.
- Void to Voyage reserves its right to deny you access to any or all services provided by Void to Voyage if proof of identification is not provided in the manner requested by Void to Voyage.
- By creating a booking with and or utilising a service of Void to Voyage you are asserting that you are at least eighteen (18) years of age and have the authority to make decisions on behalf of the Participant.
Booking Fees –
- Void to Voyage may require you to make payment before confirming your booking.
- The booking fee is to be determined by, and at the discretion of, Void to Voyage.
- All payments made by you are non-refundable, as the payment of a deposit covers Void to Voyage due-diligence and compensation for potential loss of earnings due to your cancellation.
- Other service fees are to be determined by, and at the discretion of, Void to Voyage.
- By making a booking, you undertake that the Participant has a valid NDIS package that authorises the booking, supports and/or services being provided by Void to Voyage.
Payment Method – NDIS
3.10 The booking and/or service fee must be made by using electronic funds transfer (“EFT”), or any other form of payment that has been expressly authorised by Void to Voyage (“Other Method of Payment”).
3.11 By making payment, you undertake that all details you provide to Void to Voyage are true and accurate, that you are an authorised user of the bank account nominated for EFT or Other Method of Payment used to place your purchase.
3.12 By making payment, you undertake that you have sufficient funds to cover the cost of the services being provided by Void to Voyage.
4. Types of Bookings
Short Term Accommodation
4.1 The Participants length of stay is dependent upon the time frame stipulated in the Services Agreement between the Customer and Void to Voyage.
4.2 A stay between 1 night up to XXX months is considered a short term stay with Void to Voyage.
Transitional Accommodation
4.3 A stay in excess of XX months is classified as transitional accommodation with Void to Voyage.
4.4 For either a short term accommodation or transitional accommodation Void to Voyage recommends that the Participant attends the premises of their intended accommodation to confirm that Void to Voyage can provide for their needs and that the Participant is comfortable in the environment.
5. Short Term Accommodation and Transitional Accommodation
- Bookings are on a first come first serve basis. To avoid disappointment, bookings can be made up to 4 weeks in advance.
- Bookings are made by contacting Void to Voyage via either email or telephone.
- Payment must be made upon either booking or within 14 days of receiving Void to Voyage’s invoice, no exceptions.
- Bookings are not transferable to another individual and cannot under any circumstances be used by another person. If someone other than the person booked into the accommodation arrives to use the accommodation, they will be turned away from the facility.
Short Term Accommodation and Transitional Accommodation Cancellations –
- Cancellations/Rescheduling bookings need to be made more than 72 hours prior to the scheduled date. We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all clients across all facilities, therefore, no exceptions will be made.
- A cancellation 24 hours prior to the scheduled date will incur a 50% charge in accordance with the Services agreement.
- A cancellation less than 24 hours prior to the schedule date will incur a 100% charge in accordance with the Services Agreement.
6. Behavioural, Medical, Health & Hygiene
- Void to Voyage reserve the right to restrict Participants to particular service and accommodation type for health, safety or hygienic reasons.
- Void to Voyage reserve the right to turn clients away and/or request the client to obtain a medical clearance or to rectify the relevant hygiene issues.
- Void to Voyage reserve the right to turn Participants away if they do not have the correct medical clearance or appropriate hygiene.
- Void to Voyage reserve the right to turn Participants away if Void to Voyage deems that they do not have adequate facilities to care for that Participant.
- If the Participant has contracted communicable disease, please ensure you have clearance in writing from your doctor before attending the facility. This is for the safety and well-being of all our clients, staff and customers.
- Prior to the use of any support and/or services being provided Void to Voyage requires a complete copy of the Participants behavioural plan.
7. Courtesy and Respect
7.1 Void to Voyage and staff are at all times to be treated with absolute respect and courtesy.
7.2 Void to Voyage can terminate, cancel or suspend their services at any time, without notice or approval, if they feel and/or have been, abused, harassed, endangered, falsely imprisoned, or otherwise made to feel uncomfortable in any shape, manner or form by either the Participant or Customer, at the time of providing their service and/or supports.
7.3 Where Void to Voyage has terminated, cancelled or suspended their services due to the circumstances as aforementioned in clauses 7.2, you will not be entitled to any reimbursement, part or whole, of the fee that has been paid.
8. Limited Liability
8.1 Subject to your statutory consumer protections, you understand and agree that Void to Voyage shall not be liable to you, the Participant or to any party who will be attending Void to Voyage in which:
- any direct, indirect, or incidental damages caused by you, or the Participant, or any of the staff, as a result of any services or activities during the course services provided by the Void to Voyage; or
- any changes which Void to Voyage, make to the services being offered and/or provided; or
- failure to provide Void to Voyage with accurate information, health or otherwise.
8.2 Subject to your statutory consumer protections, Void to Voyage provides no warranty as to any particular outcome, consequence or results associated with using their services.
8.3 You expressly acknowledge that your use of the services as provided by Void to Voyage is at your sole risk.
9. Ownership
9.1 All materials provided to you by Void to Voyage, including but not limited to information, templates, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials (“Content”), are protected by copyright and other intellectual property rights under Australian law, and is the proprietary property of Void to Voyage.
9.2 You may not distribute, exchange, modify, sell or transmit any of the Content from Void to Voyage’ website or other Content as supplied by Void to Voyage, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
9.3 In downloading or copying any of the Content to your computer or other device, you do not receive any ownership rights to such Content and by downloading or copying any Content you agree not to use the Content for any unlawful purpose and you agree that it is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions.
9.4 Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
10. Intellectual Property
10.1 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non- existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth).
10.2 Void to Voyage own and retain all proprietary rights in, and relating to, all Content provided on the website, or other Content as may be supplied by Void to Voyage.
10.3 Proprietary rights in, and relating to, the website, or other Content as may be supplied by Void to Voyage, must not be used in any way without our prior written consent.
11. Scope of Licence
11.1 By virtue of these Terms and Conditions, you are granted a non-exclusive, non- transferable, non-sub-licensable licence to personally access and use, for non-commercial purposes, the Content offered on the website, or other Content as may be supplied by Void to Voyage.
11.2 Full-scale reproduction of the Contents of the website, or other Content as may be supplied by Void to Voyage, is expressly prohibited.
11.3 The Content on the website, or other Content as may be supplied by Void to Voyage, is for your personal, lawful use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the Content.
11.4 You must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the website, or any transaction or use being conducted on the website.
11.5 You must not probe, scan or test the vulnerability of the website, or any network connected to the Website, nor breach the security or authentication measures.
11.6 You must not use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of the website, or other Content as may be supplied by Void to Voyage without Provider’s prior written permission.
11.7 You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website, or other Content as may be supplied by Void to Voyage, except to the extent permitted above.
11.8 You must not attempt to gain unauthorised access to any portion or feature of the website, or other Content as may be supplied by Void to Voyage, or any other systems or networks connected to the website or the Provider’s server, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
11.9 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Void to Voyage systems or networks.
11.10 The term of this licence shall be from the time that the first payment of money made by you, until the conclusion of the accommodation/service, as to be determined and evidenced by the retainer as established in the booking fee.
12. Advertisers
12.1 The Void to Voyage website may contain advertising and sponsorship.
12.2 Advertisers and sponsors are responsible for ensuring that Content submitted for inclusion on this Website is accurate and complies with applicable laws.
12.3 Void to Voyage will not be responsible for the illegality of, or any error, or inaccuracy in advertisers or sponsors’ materials, or for the acts or omissions of advertisers and sponsors.
13. Confidentiality
13.1 Void to Voyage will keep confidential all information supplied by you and shall use or disclose such information only for the purposes for which such information was collected, or as required by a court or applicable law.
13.2 You acknowledge and agree that Void to Voyage may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to:
- comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or
- protect or defend Void to Voyage, or a third party’s, rights or property.
14. Privacy
14.1 Void to Voyage will use its best endeavours to protect your privacy and by your provision of your personal information, you have expressly agreed to our collection, use and retention of your personal information as provided in Void to Voyage’s privacy policy.
14.2 Void to Voyage will manage your personal information in accordance with the requirements of Australian laws.
14.3 Void to Voyage will use its best endeavours to ensure your personal information is not accessed illegally, or without authorisation, but we cannot guarantee that our systems will or can be free from third party interference, or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
15. Acknowledgement
15.1 You acknowledge and accept that there are risks involved in all aspects of producing, recording and storing sensitive and confidential information in the formats provided by the Void to Voyage website and its and Content. These risks include, but are not limited to, the following:
- loss of information recorded;
- theft of information recorded; and
- physical damage to information recorded.
15.2 You willingly assume full responsibility for the risks that you are exposing yourself to, and accept full responsibility for any loss or damage that may result from the use of the Void to Voyage website and its Content.
16. Jurisdiction
16.1 The Terms and Conditions is governed by the laws of Australia and you agree to the non- exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
17. Default
17.1 Notwithstanding anything to the contrary in the Terms and Conditions, if you default in the performance of any obligation under the Terms and Conditions, then Void to Voyage may declare any and all amounts owing by you to Void to Voyage under the Terms and Conditions at that time to be immediately due and payable.
18. Costs
18.1 All costs, expenses and expenditures, including, without limitation, the complete legal costs incurred by enforcing the Terms and Conditions, as a result of any default by you, will be added to the outstanding amount (if any) owed by you, and will be paid in conjunction with the entire outstanding amount.
19. Waiver
19.1 You and all your sureties, guarantors and endorsers hereof, waive presentment, protest and demand, notice of protest, demand and dishonour and non-payment of any outstanding amount owed to Void to Voyage.
20. Binding Effect
20.1 The Terms and Conditions will pass to the benefit of, and be binding upon, the respective heirs, executors, administrators, successors and permitted assigns of the customer and Void to Voyage.
20.2 You may not assign your rights or delegate your duties under the Terms and Conditions without prior written consent and approval by Void to Voyage.
21. Legal Advice
21.1 Content of the Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential.
21.2 The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed.
21.3 Your use of information on this Website or Content linked from this Website is at your own risk.
22. General Provisions
22.1 Headings are inserted for the convenience of the parties only and are not to be considered when interpreting the Terms and Conditions.
22.2 Words in the singular mean and include the plural and vice versa.
22.3 Words in the masculine mean and include the feminine and vice versa.
23. Amendments
23.1 The Terms and Conditions may only be amended or modified by Void to Voyage and by a written instrument executed by Void to Voyage.
24. Severability
24.1 The clauses and paragraphs contained in the Terms and Conditions are intended to be read and construed independently of each other.
24.2 If any term, covenant, condition or provisions of the Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of the Terms and Conditions will in no way be affected, impaired or invalidated as a result.
25. Entire Agreement
25.1 The Terms and Conditions constitutes the entire agreement between the Parties and there are no further items or provisions, either oral or otherwise.