Take Shape Adventures

This document sets out our liability in relation to your use of our Payment Plan. In these Terms Of Service, we, us or our means Take Shape Adventures ABN 93 143 572 294.

Terms of Service – Payment Plans

Please read this Agreement carefully as it imposes rules, obligations and other responsibilities on you in respect of your use of, and access to, our Products and Services. By clicking ‘accept’ and using Take Shape Adventures Products, you agree to be bound by (i) this Agreement; and (ii) our Privacy Policy. If you do not want to be bound by this Agreement, you must not click accept or make a purchase using our Products or Services. 

1. This Agreement is a contract between you (‘you’ or ‘your’) and Take Shape Health & Fitness Pty Ltd (trading as Take Shape Adventures) ACN 143 572 294 (‘Take Shape Adventures’, ‘we’, ‘us’, ‘our’). 
2. You must be at least 18 years of age at the time of booking.
3. We may vary this Agreement at any time (including varying the Fees). We will only vary this Agreement for the following reasons: (i) if we change the functionality of our Products and /or Services; (ii) if we introduce new products/services or remove existing products/services; (iii) where required by law or regulation or a regulator; or (iv) for any other reason provided it is reasonable. If you do not wish to be bound by the variation, you are free to exit this Agreement, without penalty or additional fees, within the applicable notice period.
4. We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.
5. As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. 
6. An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when you make the initial purchase. You can update or change your preferred Nominated Payment Source or Payment Method at any time by contacting us directly.
   1. Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Take Shape Adventures to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.
   2. You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source (e.g. interest charges on a nominated credit card), except to the extent that such fees or charges arise as a result of our error or system failure. 
   3. If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired). Our automated payment gateway will attempt to process the payment once every 24hrs for three times before issuing a failed payment notice.  
   4. Where the due date is not a business day eWay will draw from your nominated financial institution account on the next business day.
7. Payment schedules are automatically created by our WooCommerce ticketing software according to the Product or Service you have purchased. Products and Services will have either one, two or four equal payments. These payments:

1. Will be processed every one month prior to the last availability day
2. For Australian Tours, last availability day is one month prior to the event start date.
3. For International Tours, last availability day is two months prior to the event start date.
4. Payment Schedules will concertina until the payment interval is no less than 7 days.
5. At such time that the Payment Interval is less than 7 days, the Payment Plan will no longer be available for that product or service. 

1. No interest charges are payable by you for the use of our Services.
2. All payments made in the course of your use of the services are made using eWay. In using the website, the services or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the eWay terms and conditions which are available on the eWay website.
3. If you believe that there has been an error in debiting your account, you should notify us as soon as possible. We will notify you in writing of our determination and the amount of any adjustment that will be made to your nominated account (if any).
4. Take Shape Adventures will only provide you with a refund of the payment in the event that we are unable to continue to provide the online services, you have made an overpayment or if we determine in our absolute discretion that it is reasonable to do so under the circumstances.
5. While an arrangement is in place, we will not contact you unless: 
   1. you ask us to; 
   2. we wish to propose a genuine alternative arrangement to benefit you; 
   3. you do not comply with the terms of the agreed payment plan. 
   4. to inform you of payment reminders of your payment plan via email. 
6. You have agreed to receive all communications from us in electronic form. You maintain responsibility for ensuring your records are up to date. Take Shape Adventures takes no responsibility nor will be held accountable for undeliverable notifications to your nominated contact information.
7. Our standard Terms & Conditions will apply to cancellations, refunds, and Product or Service variations: takeshapeadventures/terms&conditions
8. Take Shape Adventures Privacy Policy is incorporated into our agreement with you and is binding on you: takeshapeadventures/privacypolicy