Legal

Terms of Use

The terms and conditions that govern your use of the FreeGuides Platform. Our Privacy Notice explains how we handle personal information.

Last updated 8 October 2026

1. AGREEMENT TO THESE TERMS AND CONDITIONS OF USE

By accessing the FreeGuides Platform and/or purchasing Services, Users engage in our personalised service including all features and functionalities, marketing campaigns, the website and user interfaces, as well as content and software associated with the Services and You agree to be bound by these terms and conditions of use (“Terms”). These Terms constitute a binding agreement between You and FreeGuides and govern your use of the FreeGuides Platform. All defined terms in these Terms have the meaning prescribed to them in these Terms or in the FreeGuides Definitions at the end of these Terms. Please read these Terms carefully before accessing or using the FreeGuides Platform. If You do not agree to these Terms, please do not access the FreeGuides Platform or proceed to use the Services.

Privacy PolicyAs part of these Terms, your use of the FreeGuides Platform is also subject to our Privacy Policy (located at https://freeguides.com/privacy), which is incorporated by reference into these Terms. Third Party service providers will provide their service pursuant to their own privacy policy. Prior to acceptance of any service from a third party, the User must review and agree to their terms of service including their privacy policy.Legal capacity to transactFreeGuides only permits individuals over 16 years of age to become Users. By using the FreeGuides Platform, a User represents and warrants to FreeGuides that the User is over the age of 16 years. Should FreeGuides suffer any damage or other losses as a result of a transaction entered into by a User under the age of 16, FreeGuides reserves the right to seek compensation for such losses from the User’s parents or guardians. We may, in our sole discretion, refuse to offer our FreeGuides Platform to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party.

2. RESTRICTIONS ON USE

Prohibited conductYour use of the FreeGuides Platform is subject to the User Obligations set out in clause 7. Users must be natural persons or a company commissioning FreeGuides’ Services.

Violations of these TermsWithout limiting any other remedies available to FreeGuides at law or in equity, FreeGuides reserves the right to, without notice, and in its absolute discretion:
· temporarily or indefinitely suspend, or terminate, your access to the FreeGuides Platform or refuse to provide the Services to You if:
- You breach any provision of these Terms;
- FreeGuides is unable to verify or authenticate any information that You provide to us;
- FreeGuides believes that your actions may cause damage and/or legal liability to FreeGuides, any of its customers or supplier or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that FreeGuides, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.

IndemnityThe User indemnifies and holds harmless FreeGuides and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• any material or information that the User submits, posts, transmits or otherwise makes available through the FreeGuides Platform;
• the User’s use of, or connection to, the FreeGuides Platform; or
• the User’s negligence or misconduct, breach of these Terms of use of the FreeGuides Platform or violation of any law or the rights of any person.

3. REGISTRATION AND ACCOUNT SECURITY

Requirement for registrationFreeGuides reserves the right to make any parts of the FreeGuides Platform accessible only to Users who have a registered account with us.

Username and passwordIn order to successfully register with the FreeGuides Platform, the User must create a unique username and password to access the User’s account. The User is responsible for maintaining the security of the User’s password for the FreeGuides Platform. FreeGuides will not be liable for any loss or damage arising from or in connection with the User’s failure to comply with this security obligation. The User agrees that FreeGuides will be entitled to assume that any person using the FreeGuides Platform with the User’s username and password is the User or the User’s authorised representative. The User must notify FreeGuides immediately of any known or suspected unauthorised use of any password or any other breach of security.

User informationIn order to register an account with the FreeGuides Platform, the User must agree to these Terms and provide FreeGuides with:
· a valid email address;
· current, complete and accurate contact information; and
· any other information that may be required by FreeGuides during the registration process.
The User must promptly update this information to maintain its accuracy at all times.
The User represents and warrants to FreeGuides that all information provided to FreeGuides by the User, including the information provided by the User through our account registration process or entered into the User’s account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account openingOne person may not maintain more than one account with the FreeGuides Platform, except without the express consent of FreeGuides. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrationsFreeGuides reserves the right to accept or reject any application for registration of an account with the FreeGuides Platform at its discretion.

4. FREEGUIDES’ SERVICES

FreeGuides provides the FreeGuides Platform that allows Guides to create Experiences, facilitates Explorers’ accessing and running those Experiences, and facilitates a process that allows Explorers to pay for Experiences based on their perceived value of that Experience. The FreeGuides Platform will lead the Guide through our streamlined process required to create an Experience.

Approval ProcessFollowing submission of the Experience by the Guide, the Experience will be ‘under review’ by FreeGuides, and we will endeavour to either approve or deny the Experience within twenty-four (24) hours of submission. FreeGuides does not warrant that the Experience will be reviewed within twenty-four (24) hours, and reserves the right to review the Experience for such time as it deems necessary, in its absolute discretion. The minimum requirements for approval of an Experience are as follows: • One (1) cover image;
• Two (2) Valid Media added to each stop;
• Two (2) unique types of Valid Media added to each stop;
• Minimum of three (3) stops in the Experience;
• No content which FreeGuides, in its absolute discretion, deems to be inappropriate; and
• Guide must have uploaded a profile picture, connected a bank account and added a biography to their profile.
Where FreeGuides, in its absolute discretion, acting reasonably, deems that the Experience should be denied approval for any reason whatsoever, we will contact the Guide as soon as is reasonably practicable, by email or otherwise, and provide feedback as to why approval has been denied. In circumstances where the Guide fails to respond to the feedback within thirty (30) days of being contacted by FreeGuides, we will provide the Guide with a rejection warning. In circumstances where the Guide fails to respond to the rejection warning within seven (7) days, the Experience will be marked as permanently rejected.
Where FreeGuides deems an Experience should be denied approval and a Guide believes Our decision to deny approval to be unreasonable, the Guide may lodge a dispute notice by way of email within thirty (30) days of being contacted by FreeGuides, or within seven (7) days of FreeGuides providing You with a rejection warning, following which lodgement, the dispute will be dealt with in accordance with the dispute resolution procedures outlined in clause 13.

Refund PolicyExplorers use FreeGuides’ Services, run Experiences at their own risk and make payment for Experiences at their discretion. Accordingly, under no circumstances will FreeGuides offer refunds for use of the Services or Experiences, except where such refund has been agreed by FreeGuides and the User in writing.

5. INFORMATION ON THE FREEGUIDES PLATFORM

Your informationYou acknowledge and agree that all information you provide is complete, correct, up to date and accurate and that You will ensure that when such information is no longer complete, correct, up to date and/or accurate, You will update it as soon as reasonably practicable. You acknowledge and agree that, by providing any User Content on the FreeGuides Platform, You are granting FreeGuides perpetual, non-exclusive, irrevocable, royalty-free, worldwide ownership of that User Content. You acknowledge and agree that, in providing FreeGuides with ownership of any User Content, FreeGuides may provide and disclose any such User Content to a third party for any reason whatsoever, including for marketing purposes and to promote FreeGuides’ interests, without Your consent.

Third party informationFreeGuides may not screen any third party material posted on the FreeGuides Platform, and is under no obligation to do so. Accordingly, we do not guarantee the reliability, accuracy, completeness or validity of any third party material. By using the FreeGuides Platform, the Services or running any Experience, You acknowledge and agree to bear all liability in relation to any inaccuracy or omission in any of the material on the FreeGuides Platform, whether such material is provided by You, a third party, FreeGuides or any other User.

Links to third partiesThe FreeGuides Platform may contain links to external sites. FreeGuides shall not be responsible for any material contained in the content of those sites, nor should it be accepted that FreeGuides has reviewed or approved such sites. Use of any such sites is entirely at Your own risk, and You acknowledge and agree that You shall bear all liability arising from your use of any external site.

6. FREEGUIDES’ ROLE AND OBLIGATIONS

Registering and creating an account with FreeGuides is free but needs to be approved by FreeGuides in its absolute discretion. There is no charge for a User to create an account, become an Explorer or create an Experience. FreeGuides does not accept any liability for any aspect of an Explorer’s running of an Experience, a Guide’s creation of an Experience, or any aspect of any User’s use of the Services. FreeGuides has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the quality, honesty or veracity of a Guide’s representations of an Experience, or the honesty or accuracy of any information provided by Explorers in their reviews of Experiences. FreeGuides shall be entitled, at its absolute discretion, to modify any content on the FreeGuides Platform, including but not limited to any reviews of an Experience, or any aspect of any Experience, even where that Experience has been approved by FreeGuides. Except for liability in relation to any Non-excludable Condition, the Services are provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, FreeGuides and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FreeGuides has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience in its sole and absolute discretion.

7. USER OBLIGATIONS

The User will at all times:
• Comply with these Terms and all applicable laws and regulations;
• Only post accurate information on the FreeGuides Platform; and
• Ensure that the User is aware of any laws that apply to the User as a Guide or Explorer, or in relation to using the FreeGuides Platform.
The User agrees that any content (whether provided by FreeGuides, a User or a third party) on the FreeGuides Platform may not be used on third party sites or for other business purposes without FreeGuides’ prior consent. The User must maintain control of the User’s FreeGuides’ account at all times. This includes not allowing others to use the User’s account, or by transferring or selling the User’s account or any of its content to another person. The User agrees that any information or material that is posted on the FreeGuides Platform must not, in any way whatsoever be considered to be:
• abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised in any way;
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• in breach of any duty of confidentiality by which You are bound, whether by way of a fiduciary or contractual relationship;
• in breach of any person’s privacy or publicity rights;
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• in violation of any applicable local, state, national or international law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
• containing any political campaigning material, advertisements or solicitations;
• likely to bring FreeGuides or any of its staff, Guides or Explorers into disrepute;
• be false, inaccurate or misleading or deceptive;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
• be obscene or contain any material that, in FreeGuides’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
• contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the FreeGuides Platform, including, but not limited to worms, viruses, trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information; or
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site.
In addition, a User must not:
• use the FreeGuides Platform for any illegal or immoral purpose;
• use any device, routine or software that interferes, or attempt to interfere, with the proper working of the FreeGuides Platform;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use the FreeGuides Platform to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of the FreeGuides Platform for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with the FreeGuides Platform;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on the FreeGuides Platform;
• reproduce, duplicate, copy or store any of the material appearing on the FreeGuides Platform other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with the FreeGuides Platform;
• do anything that leads, or may lead, to a decrease in the value of FreeGuides’ intellectual property rights in the FreeGuides Platform;
• use or exploit any of the material appearing on the FreeGuides Platform for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the FreeGuides Platform; or
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to FreeGuides without FreeGuides' prior written consent.

8. PAYMENT METHODS

Payment for any Experiences ordered through the FreeGuides Platform may be made by credit or debit card processed online using our secure third party Payment Gateway, Stripe Inc., or any other Payment Gateway used by FreeGuides from time to time, including PayPal (“Payment Gateways”). We are currently only accepting Visa, Mastercard, American Express, Japan Credit Bureau (JCB) and China Union Pay (CUP) as payment methods.Payment GatewaysFreeGuides uses the Payment Gateways for its secure online payment transactions. Payments made through the Payment Gateways are subject to the Payment Gateways’ own terms and conditions and privacy policy in addition to these Terms. For more information about the Payment Gateways, see the Stripe Inc. website (https://stripe.com.au) and the PayPal website (https://paypal.com). Unless You expressly consent otherwise, we do not see or have access to any Personal Information that You may provide to the Payment Gateways, other than information that is required in order to process your payment (e.g. your name, email address and billing/postal address). FreeGuides does not accept any responsibility for any errors made by the Payment Gateways. By providing your credit or debit card details, You confirm that You are authorised to use that payment method, and You authorise FreeGuides, through the Payment Gateways to charge your payment method for the total amount of your order.

TaxesGuides are responsible for paying any direct or indirect taxes, including any GST or otherwise, which may apply to them depending on residency or location. Guides represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. Any price shown on the FreeGuides Platform is inclusive of all such taxes and charges that may apply to the Translators. Explorers may be charged with indirect taxes (such as sales tax, GST) depending on their residency, location and any applicable law. Explorers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes.

Adding and Verifying DetailsIn order to make payment through the Payment Gateways, Explorers will need to provide details of their chosen credit card or debit card and verify that credit or debt card with the Payment Gateways. In order to receive payment through the Payment Gateways, Guides will need to provide details of their chosen bank account and verify that bank account with the Payment Gateways. When verifying their credit or debit card or bank account with the Payment Gateways, the User will be taken to the Payment Gateways’ external website. While the Payment Gateways employ secure technology for transactions with our Users, FreeGuides will not be responsible for any damages, including Consequential Loss (whether direct or indirect), that may be suffered by a User whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than FreeGuides. The User agrees that verification services provided by FreeGuides and/or the Payment Gateways may not be fully accurate, and You acknowledge and agree that You are solely responsible for identity verification and FreeGuides accepts no responsibility for any use that is made of any information provided as part of any verification service provided by FreeGuides and/or the Payment Gateways.

9. PAYMENT OF GUIDES

Tipping and RatingAn Experience is considered to be completed by the Explorer where:
• the Explorer has been running the Experience for more than two (2) minutes; and
• the Explorer has reached the ‘tip’ screen on the FreeGuides Platform, having commenced the Experience on the ‘start’ screen.
After an Experience is completed by the Explorer, the Explorer will be given the option (but not the obligation) to rate the Experience and provide a Tip for the Guide. While the Explorer is not under any obligation to rate the Experience and/or provide a Tip:
• rating is an important exercise that gives other potential Explorers an insight into your enjoyment of the Experience; and
• we ask that you provide Tips to Guides based on your subjective belief of the worth of the Experience.

Payment not GuaranteedGiven payment for an Experience is at the complete discretion of the Explorer, FreeGuides makes no guarantee whatsoever that a Guide will receive payment for any Experience, and FreeGuides shall bear no liability whatsoever for the failure by a Guide to receive payment for any Experience. Nothing in these Terms shall be construed as implying a right for the Guide to payment for an Experience.

Transaction FeesWhere an Explorer decides, at their discretion, to provide a Guide with a Tip for any Experience, the Guide shall be entitled to thirty percent (30%) of the value of that Tip (“Guide Share”), and FreeGuides shall be entitled to seventy percent (70%) of the value of that Tip. Payment of the Tip will be subject to a transaction fee charged by the Payment Gateways, which transaction fee shall not be applied to the Guide Share and is subject to change. It is the responsibility of the Guide to ascertain the applicable transaction fee and to be aware of any changes to the applicable transaction fee, and FreeGuides shall bear no liability for any changes to the transaction fee charged by the Payment Gateways.

Payment TimesTips are usually processed by the Payment Gateway within five (5) days of payment of that Tip. Payment of the Guide Share is automatically transferred by the Payment Gateways following the Payment Gateways’ processing of the Tip. This is an automated process carried out by the Payment Gateways, and FreeGuides shall not be held liable for any delays or withholding of payment of the Guide Share.

10. INTELLECTUAL PROPERTY

CopyrightIn these Terms, the term "Proprietary Content" means:
• The FreeGuides Platform;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof);
• all content associated with any Experience, including, but not limited to, the title, description, Valid Media, reviews and any other content related to the Experience;
• all User Content; and
• all software, systems and other information owned or used by FreeGuides in connection with the Services offered through the FreeGuides Platform (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of FreeGuides or its licensors (as applicable) and is protected by Australian and international copyright laws. The User must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of FreeGuides or other copyright owner (as applicable).
The User may download and print out content from the FreeGuides Platform only for the User’s own personal and non-commercial use and provided that the User does not remove or modify any copyright, trademark or other proprietary notices.

TrademarksFreeGuides’ logo is a trade mark of FreeGuides. The look and feel of the FreeGuides Platform (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of FreeGuides. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of FreeGuides.

User ContentThe FreeGuides Platform contains features that enable the User and other users to upload User Content. You acknowledge and agree that FreeGuides retains all ownership in any User Content, and accordingly, FreeGuides reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that the User uploads, the User represents and warrants to FreeGuides that the User’s sharing of that User Content does not infringe any copyright or other legal right of any other person.

Copyright claimsIf the User believes that the FreeGuides Platform contains any material that infringes upon any copyright that the User holds or controls, or that users are directed through a link on the FreeGuides Platform to a third party website that the User believes is infringing upon any copyright that the User holds or controls, the User may send a notification of such alleged infringement to FreeGuides in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, FreeGuides will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to FreeGuides in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, FreeGuides will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to FreeGuides in writing denying the alleged infringement, FreeGuides will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, FreeGuides may restore any removed or blocked material at FreeGuides’ discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

11. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREEGUIDES AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THE FREEGUIDES PLATOFRM AND ANY TRANSLATION SERVICES PURCHASED OR OBTAINED THROUGH THE FREEGUIDES PLATFORM, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The FreeGuides Platform is provided strictly on an "as is" basis. To the maximum extent permitted by law, FreeGuides and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of the FreeGuides Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• the FreeGuides Platform will meet your requirements or expectations;
• anything on the FreeGuides Platform, or on any third party website referred or linked to in the FreeGuides Platform, is reliable, accurate, complete or up-to-date;
• the quality of any services, information or other material purchased or obtained through the FreeGuides Platform will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• the FreeGuides Platform or the servers that make it available are free of viruses or other harmful components.

12. LIMITATION OF LIABILITY

Exclusion of liabilityExcept for liability in relation to breach of a Non-excludable Condition, to the maximum extent permitted by law, FreeGuides and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to the User or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in any way in connection with:
• these Terms;
• the use of the FreeGuides Platform by the User or any other person;
• the running of an Experience by an Explorer;
• any transaction between Guides and Explorers; and
• any transaction between the User and any third party service provider who may be included from time to time on the FreeGuides Platform.
The Guide and the Explorer expressly acknowledge and agree that that unanticipated and unexpected dangers may arise from their development and running of an Experience, and that by developing and running Experiences, the Guide and the Explorer may expose themselves to risk of serious injury and/or damage to property. The Guide and the Explorer hereby accepts full responsibility for and risk of serious injury and/or damage to property.
Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, FreeGuides is not liable for any Consequential Loss arising out of or in any way connected with the FreeGuides Services.

Remedies limitedExcept for liability in relation to a breach of any Non-excludable Condition, FreeGuides’ liability to any User of the FreeGuides Service is limited to the total amount of payment made by that User on the FreeGuides Platform during the twelve-month period prior to any incident causing liability of FreeGuides, or AUD $100.00, whichever is greater.

ReleaseThe User agrees that the User’s use of the FreeGuides Platform is at the User’s own discretion and risk. The User agrees to release FreeGuides and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that the User may have against any of them arising from these Terms or the use of the FreeGuides Platform by the User or any other person. FreeGuides may plead this release as a bar and complete defence to any claims or proceedings.

Force majeureTo the maximum extent permitted by law, and without limiting any other provision of these Terms, FreeGuides excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of FreeGuides, and FreeGuides shall be entitled to a reasonable extension of time for the performance of such obligations.

13. DISPUTE RESOLUTION

Where a dispute arises between FreeGuides and a User under these Terms, the parties agree:
1. To attempt in good faith to resolve the dispute between them;
2. Any agreement reached between the parties in relation to the dispute must be reduced to writing and will be binding on the parties;
3. Where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation;
4. Such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or, in the absence of agreement, a mediator appointed by the New South Wales Bar Association, or the entity which replaces it; and
5. The parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from these Terms cannot be resolved.
Where a dispute arises between Users (Guides and Explorers), FreeGuides will be under no obligation to assist the parties to resolve the dispute. Where FreeGuides is tied as a third party to the dispute between the Users, the dispute resolution process above must be followed by all three parties to the dispute.

14. GENERAL

InterpretationIn these Terms, the following rules of interpretation apply:
• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
• these Terms may not be construed adversely against FreeGuides solely because FreeGuides prepared them;
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

NotificationsFreeGuides may provide any notification for the purposes of these Terms by email and/or by adding the notification into your user control panel.

CostsExcept as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

AssignmentYou may not assign, transfer or sub-contract any of your rights or obligations under these Terms without FreeGuides' prior written consent. Your registration with the FreeGuides Platform is personal to You and may not be sold or otherwise transferred to any other person. FreeGuides may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to You.

RelationshipThe parties acknowledge and agree that nothing in these Terms will constitute one party the partner of, employee of, agent of, or joint venturer with, the other and that, other than as expressly provided for in these Terms, no party will have the right to bind the other without the other’s prior written consent.

Third Party RightsThe agreement is between the User and FreeGuides and no other person shall have any rights to enforce any of its terms.

No waiverWaiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by FreeGuides to act with respect to a breach by You or others does not waive FreeGuides' right to act with respect to that breach or any subsequent or similar breaches.

SeverabilityThe provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

VariationWe reserve the right to amend these Terms and any other policy on the FreeGuides Platform at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the FreeGuides Platform will mean You accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the FreeGuides Platform or the Services offered through the FreeGuides Platform. You may only vary or amend these Terms by written agreement with FreeGuides.

Entire AgreementThese Terms together with our Privacy Policy, sets out the entire agreement between You and us in respect of your use of the FreeGuides Platform and the Services.

Governing law and jurisdictionThese Terms (including any non-contractual obligations arising out of or in connection with them) are governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

Contact usAny questions about the FreeGuides Platform or the FreeGuides Services, should be sent to us on the FreeGuides Platform, via Live Chat or at help@freeguides.com.au.

15. FreeGuides - Definitions

"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their FreeGuides Platform account, other than a Saturday, Sunday or public holiday.
"Consequential Loss" means any loss, damage or expense recoverable at law:
• other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
• which is a loss of:
o opportunity or goodwill;
o profits, anticipated savings or business;
o data; or
o value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Experience” means a tour created by a Guide on the FreeGuides Platform.
“Explorer” means a user of an Experience.
“GST” has the meaning given in the GST Law;
“GST Law” means the A New Tax System (Goods & Services Act) Act 1999;
“Guide” means the creator of an Experience.
“Live Chat” means the live chat icon located on the FreeGuides Platform, where a chat application can be used to send direct messages to FreeGuides’ support team.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Payment Account" means the account operated by the Payment Gateways.
"Payment Gateway" means an entity appointed by FreeGuides that manages and operates the Payment Account including accepting payments from and making payments to Users. i.e. Stripe or PayPal.
"Services" or “FreeGuides Services” means the services provided by FreeGuides, including the FreeGuides Platform, any Experiences and the Tip service.
“Tip” means the payment made by any Explorer following their running of an Experience, based on the Explorer’s subjective perception of the value of the Experience.
"User" or "You" means the person who has signed up to use the FreeGuides Platform, whether as a Guide, Explorer or otherwise.
"User Content" means any and all content that is submitted, posted or otherwise added to the FreeGuides Platform by any user, such as Experiences, reviews, ratings and feedback.
“Valid Media” means any of the following:
• text;
• images;
• videos;
• audio;
• links to external content; or
• any other type of media uploaded by a User on the FreeGuides Platform;
and which must contain greater than ten (10) characters.