T's & C's
Website Terms and Conditions
- In these terms and conditions, “we” “us” and “our” refers to Naked Cubby Collective. Your access to and use of all information on this website (www.thenakedcubby.com) including purchasing of our service/s is provided subject to the following terms and conditions.
- We reserve the right to amend this Terms and Conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access our website you read these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By purchasing through our website, you acknowledge that you are over 18 years of age.
- Our services include providing, scheduling and booking our accommodations and purchasing of gift vouchers.
- All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our web page and we reserve the right to amend our prices at any time. If you have placed an order, the order will be filled using the price listed at the time of ordering.
- Our cubbies are located on vineyards that are not staffed 24/7. It is your responsibility for your own safety in and around the cubby site and vineyard. You acknowledge that you are aware of the risks entailled in the environment (e.g. but not limited to spiders, snakes, wind, rain, hot and cold temperatures etc).
On arrival to the cubby
- You must follow the supplied walking route and park in the designated visitor carpark. You must not enter the vineyard in your vehicle as this is against vineyard policy and may result in the introduction of unwanted pests.
- You must not attempt to walk off the supplied route up to the cubby itself. You will be responsible for all losses or damages caused if you do not follow the directions.
- During wet weather, you agree to take extra care in walking to the cubby. Failure to follow this may result in slippages at your expense.
Staying in our cubby
- In case of an emergency use the emergency details provided.
- Fires are not permitted in any circumstances within the vineyard, including at the cubby site. Use of the BBQ at the cellar door is permitted.
- You must respect the local wildlife and not approach animals located on the property, particularly kangaroos.
- If you open any gates, they must be closed directly after used. You are responsible for ensuring that you close gates after use.
- You must spray your shoes using the provided methanol spray bottle upon entering the vineyard on foot.
- You acknowledge that you are fully liable for any losses or damages you or any of your accompanying party cause to the cubby or the property. Naked Cubby Collective reserves the right to charge your credit card for any damages occurred.
- You agree to not bring any more people than the cubby has been booked for (maximum 2 people). Naked Cubby reserves all rights to request guests leave if this is not adhered to; and in extreme circumstances may evict you from the property.
- You agree to behave responsibly when using the cubby and the surrounding vineyard. Parties are not allowed.
- Smoking is not permitted anywhere in the vineyard, including the cubby.
- You agree to observe any and all additional rules displayed inside and outside the vineyard premises or cubby.
- If you damage any property within the cubby, Naked Cubby Collective reserves the right to charge a cleaning and/or replacement fee if necessary. We reserve the right to adjust this fee at any time.
Departure from the accommodation or cabin
- You are responsible to take all your rubbish with you.
- You agree to leave the site and the cabin in the original condition.
Cancellation of booking
- If you cancel your booking up to 72hrs before your arrival date, a full refund (less the payment processing fee of 2%) will be made.
- If you cancel your booking 72hrs or less before your arrival date, no refund will be made.
Liability on the use of our accommodation and cabin
- You agree to indemnify and hold Naked Cubby and Mount Majura Vineyard harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your stay in our accommodation. This includes damages, insurance, loss due to fire, loss due to misadventure, theft, and injury, whether they are inflicted or experienced in the cubby or on the surrounding property (vineyard).
- You provide us with your guarantee that you will indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any person you invited along with you to our accommodation or cabin.
- By accepting these terms and conditions you and your guest acknowledge that you will absolve Mount Majura Vineyard and Naked Cubby Collective from any liability associated with the aforementioned damages or injuries.
The cubby does not have toilet facilities located at the site. You acknowledge that you may have to walk to the cellar door at any time to use these facilities. You agree to respect the environment by not leaving any rubbish, including toilet paper at the cubby site or within the vineyard.
Using and Accessing our Website
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of ACT and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in ACT and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Upon making an online reservation your contact details, including name and phone number will be shared with Mount Majura Vineyard for health and safety purposes.
- Valid for 12 months from date of issue. Vouchers are non-refundable and cannot be exchanged for cash. No change will be given. This voucher can be redeemed in whole or for part of a payment. Naked Cubby Collective are not responsible if a voucher is lost, altered, damaged, destroyed or stolen, or used without permission.