Terms & Conditions

These Terms & Conditions ("Terms") govern your use of Sydney's Self-Guiding GPS Audio Tour ("Service") provided by Australian Private Tours ("we", "us", "our") through the website sydneytourguide.com.au. By purchasing access or using the Service you agree to these Terms in full. If you do not agree, do not use the Service.

1. Safety, Driving, Cycling & On-Site Behavior

The Service is primarily designed for use by vehicle passengers. It is also compatible with bicycles and buses. If you are the driver, cyclist or are exploring on foot, you agree that:

• Your full attention must remain on the road, traffic, pedestrians, and your physical surroundings at all times.
• You will not interact with, read from, or adjust your device while driving or cycling. Set up the tour and connect to your car speakers or headphones before you start your journey.
• Cyclists must use only one earphone (or bone-conduction headphones) where required by local law, and keep full awareness of traffic.
• You will comply with all applicable road rules, parking regulations, helmet laws, and distracted-driving laws.
• If you exit the vehicle or bicycle to explore, you will remain aware of uneven terrain, natural hazards, and traffic. Do not trespass on private property or enter restricted areas to trigger audio points.

We are not responsible for any accident, injury, death, property damage, or any other loss arising from the use of this Service while operating a vehicle, riding a bicycle, travelling on a bus, or exploring on foot.

2. Real-World Conditions, Fines & Fees

The audio commentary is provided for entertainment and educational purposes only. The real world changes constantly. We do not guarantee that:

• Attractions mentioned will be open, accessible, or free of scaffolding/construction.
• Roads, viewpoints, or parking lots will be open or free of traffic/detours.
• Ticket prices or opening hours mentioned in the audio remain accurate.

You are solely responsible for any parking fees, national park entry fees, toll road charges, traffic fines, or parking tickets incurred while following the tour.

3. GPS, Technology & Device Requirements

The Service is a browser-based web application, not a native mobile app. It depends on your device's GPS, browser capabilities, and a continuous mobile internet connection. You acknowledge and accept the following inherent limitations of any browser-based GPS tour, and we are not liable for:

• Screen-lock / sleep mode. iOS (Safari) and Android (Chrome) browsers suspend or throttle web-page GPS access and audio playback when the screen locks or the tab is sent to the background. The audio may pause or stop until you unlock the screen and return to the tab. To avoid interruption, keep the screen awake and keep the tour tab in the foreground. On iPhone set Settings → Display & Brightness → Auto-Lock to Never; on Android set Settings → Display → Screen timeout (also called Sleep or Screen off on some Samsung/Xiaomi/Huawei devices) to the longest available option (Android typically caps at 30 minutes — there is no “Never”; plugging into a charger helps). Max timeout values and setting paths vary between Android manufacturers and OS versions.
• Tunnels and signal dead-zones. Because the Service streams audio and map tiles on demand, loss of mobile signal — for example, inside the Sydney Harbour Tunnel, Cross City Tunnel, underground car parks, or remote areas — will pause new audio and may interrupt loading of the next commentary segment until signal is restored. Content already downloaded in the buffer may continue to play briefly.
• Audio playback failing to trigger due to poor GPS signal, tall buildings, bad weather, or limited data coverage.
• Battery drainage. Continuous use of GPS and audio can rapidly drain device batteries. You are responsible for bringing a car charger or power bank.
• Data roaming charges incurred from your cellular provider.
• Browser, operating system, or third-party software updates that change background-tab, GPS, or audio-playback behavior at any time without notice.

These limitations are inherent to browser-based web applications and are not defects in the Service. A future native app release may remove them. We do not guarantee uninterrupted, error-free, or secure operation of the Service, and we are not responsible for server outages beyond our control.

4. Third-Party Navigation

The Service may provide links to third-party navigation applications (e.g., Google Maps or Apple Maps). We do not control these applications and are not responsible for their routing accuracy. You must always follow physical road signs over digital navigation instructions.

5. Intellectual Property & License

All audio, text, code, maps, and design associated with the Service are the exclusive intellectual property of Australian Private Tours. Upon purchase, you are granted a limited, personal, non-transferable, and non-commercial license to use the Service.

You strictly may not: Record, download, scrape, transcribe, broadcast, reproduce, or resell any part of the audio or website content. Any violation will result in immediate termination of access without refund and potential legal action.

6. Access & Refunds

Access links are time-limited (e.g., 1-day, 3-day, or 30-day passes) and are locked to the browser/device on which they are first activated. We do not provide refunds for:

• User-side technical issues (e.g., dead battery, lost phone, incompatible browser, no data connection).
• External factors preventing you from taking the tour (e.g., bad weather, illness, rental car issues, road closures).

If you experience a genuine technical fault on our server end, please contact us and we will do our best to resolve it or issue a replacement link.

7. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law, we shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages including but not limited to personal injury, property damage, lost profits, loss of data, or business interruption arising from or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.

In all cases, our total maximum liability for any claim related to the Service is strictly limited to the amount you paid for your access link.

8. Assumption of Risk & Indemnification

You expressly assume all risk associated with the use of this Service. You agree to indemnify, defend, and hold harmless Australian Private Tours, its owners, employees, and agents from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any traffic laws or third-party rights.

9. "As Is" Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Severability & Changes to Terms

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Contact

Questions about these Terms? Email [email protected]