Terms of Trade
The following are the terms of trade (‘Terms’) of University of Missouri, LLC trading as TigerTechAdventures.
TigerTechAdventures is the seller of all Tours on the Stratos Tower (‘Tours’), all gift certificates for Climbs (‘Gift Certificates’) and other ancillary items including but not limited to videos, photographs, merchandise, food and beverages. By making a reservation with TigerTechAdventures you acknowledge that you have read and agree to be bound by these Terms.
1. Climbs
TigerTechAdventures reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times (‘Arrangements’) for a Tour or a Gift Certificate, without notice. However, reasonable effort will be made to maintain Arrangements as advertised.
2. Check-in for the Tour
All participants (‘Climbers’) in a Tour of the Stratos Tower are required to arrive and check in at TigerTechAdventures premises at least 15 minutes before the departure time printed on their Tour ticket, voucher or confirmation letter (‘Proof of Purchase’). If Climber tries to check in later than this time TigerTechAdventures may at its discretion refuse participation, without refund.
3. Requirements to participate
3.1 Climbers must hold a valid Proof of Purchase. Entry may be refused if the Proof of Purchase is damaged or defaced in any way, or was not purchased from an authorised point of sale. Should a dispute arise over the validity of a Proof of Purchase, TigerTechAdventures reserves the right to refuse participation in a Tour, unless Climber is able to show proof of their identity.
3.2 Climbers must be 12 years of age and over, be of sound mind and be in good health. Climbers may be required to undergo a test to assess whether they are capable of completing a Tour. Every three Climbers between the ages of 12 and 16 inclusive, climbing together, must be accompanied by one paying adult Climber.
3.3 All Climbers will be required to sign a Climber Declaration and Disclaimer Form. The Form includes but is not limited to statements that Climber has read and understood TigerTechAdventures’ health and safety information, which sets out, among other things, the conditions under which Climber should not participate in a Tour. Climber enters TigerTechAdventures premises and participates in a Tour at their own risk.
3.4 TigerTechAdventures reserves the right to perform a breath test on all Climbers. Climbers will be refused participation in a Tour, without refund if their blood alcohol concentration is 0.05% or greater, if they refuse to be breath-tested or if they are under the influence of drugs (legal or illegal).
4. Refusal of participation
TigerTechAdventures reserves the right to refuse any person, for whatever reason, participation in a Tour, at TigerTechAdventures’ absolute discretion, whether or not that person has already purchased a Tour. TigerTechAdventures will reimburse the price paid for a Tour if a person is refused participation for any reason other than as set out above, or other than by reason of breach of clause 5.4 below.
5. During the Tour
5.1 TigerTechAdventures will supply Climbers with equipment for use during a Tour. Use of this equipment is mandatory.
5.2 Climbers may take their own glasses (sun or prescription) on a Tour at their own risk, provided that these glasses are securely attached using a TigerTechAdventures glasses lanyard. At TigerTechAdventures’ discretion, essential medication (e.g. asthma medication or inhalers) may be taken on a Tour. While this will be done in a secure manner by the Tour Leader, neither TigerTechAdventures nor the Tour Leader shall be responsible for the medication or the administering thereof.
5.3 Other than as set out in clauses 5.1 and 5.2 above, Climbers are not permitted to take any items onto the Tower (including but not limited to items such as cameras, videos, audio devices, pagers, mobile phones, handbags and other personal items). Climbers will be provided with a locker for storage of personal belongings. To ensure that unauthorized items are not carried onto the Tower, Climbers may be required to pass through a metal objects screening system.
5.4 All Climbers must obey the directions and instructions of TigerTechAdventures’ Tour Leaders, must not disturb other Climbers or interfere with the Tour Leader’s ability to conduct the Tour in a safe and secure manner, and must not damage, deface or remove any part of the Tower or any of the equipment supplied for use on a Tour. TigerTechAdventures retains the right to remove from a Tour any Climber who does not comply with these Terms, without refund.
6. Miscellaneous Terms
6.1 Photographs purchased from or supplied by TigerTechAdventures remain copyright to TigerTechAdventures, and may only be used or reproduced by the purchaser or recipient for private or domestic purposes, and must not be used for any commercial purpose (including promotion of any supplier or any supplier’s products or services) without TigerTechAdventures’ prior written permission.
6.2 TigerTechAdventures has the authority to use and reproduce any photograph taken of Climber for any purpose, without prior notice or payment of compensation to Climber.
6.3 Smoking is not permitted on TigerTechAdventures premises or on the Tower
6.4 All persons must turn off pagers and mobile phones when they enter TigerTechAdventures premises.
6.5 TigerTechAdventures reserves the right to inspect any bag or container brought onto TigerTechAdventures premises.
7. Terms of payment
7.1 The purchase of a Tour is non-refundable, non-transferable and specific to the Tour printed on the Proof of Purchase. Tours and Gift Certificates, and rights or entitlements to Tours and Gift Certificates or to purchase Tours and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including, without limitation, promotion of any supplier or any supplier’s products or services) without TigerTechAdventures’ prior written consent. If TigerTechAdventures reasonably believes that any other activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Tour, without payment of any compensation whatsoever.
7.2 Reserved Tour times can only be changed up to seven days before the original Tour date, and changed only by time or date to another available time or date. Reduction in the number of Climbers or changes to the identity of Climbers is not permitted. TigerTechAdventures reserves the right to charge fees on the purchase of Tours, on changes to reservations and on Gift Certificates purchased.
7.3 All Tours must be paid for at the time of making the reservation unless otherwise agreed by TigerTechAdventures in advance, and then only after filling out a credit application form. Payment for sales on credit must be made 14 days from the date of invoice. TigerTechAdventures reserves the right to cancel reservations that are not paid for within these credit terms.
8. Cancellation and refunds
8.1 Tours will not proceed should TigerTechAdventures decide in its absolute discretion, whether for safety reasons or otherwise, to cancel a Tour.
8.2 Should a Tour not proceed, Climbers will be rescheduled at their convenience, be issued with a refund voucher in the case of purchases bought through a third party reselling Tours (‘Reseller’) or be reimbursed the price paid for a Tour, but otherwise shall have no claim whatsoever (including no claim for travel expenses or any other out-of-pocket expenses) relating to the cancellation of a Tour. The Reseller will make all reimbursements to the Climber.
8.3 Tours and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by TigerTechAdventures. Refunds, when permitted, will only be made to the person or Reseller who purchased the Tours from TigerTechAdventures.
9. TigerTechAdventures's liability
9.1 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy, implied or imposed by any statute or regulation that cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 and corresponding provisions of State legislation containing implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances. Subject to the last sentence, all express or implied representations, conditions, warranties and provisions, whether based in statute, common law or otherwise, relating to provision of products and services pursuant to or as contemplated by these Terms that are not contained in these Terms, are excluded to the extent permitted by law.
9.2 If any condition or warranty is implied into these Terms under the Trade Practices Act 1974 or any equivalent State or Territory legislation and cannot be excluded, and TigerTechAdventures is able to limit remedy for a breach of such a condition or warranty, the liability of TigerTechAdventures for breach of that condition or warranty is limited, at TigerTechAdventures’ absolute discretion, to one or more of the following: in the case of products, to replace the products, supply equivalent products or repair the products, to pay the cost of replacing the products or of acquiring equivalent products, or to pay the cost of having the goods repaired; and in the case of services, to supply the services again or to pay the cost of having the services supplied again. This clause 9.2 is subject to clause 9.3.
9.3 Section 68B of the Trade Practices Act 1974 in certain circumstances permits a term of a contract for the supply by a corporation of recreational services to limit liability of the supplier pursuant to section 74 of that Act for death or personal injury relating to that supply. To the extent permitted by section 68B, TigerTechAdventures limits its liability for death or personal injury relating to the supply of recreational services to $100,000 per occurrence.
9.4 Subject to clauses 9.1, 9.2 and 9.3 and to the extent permitted by law, TigerTechAdventures excludes liability and will not be responsible for loss or damage arising from: Climber’s failure to obey TigerTechAdventures’ safety directions or instructions; any pre-existing medical or psychological condition; any negligent act or omission of TigerTechAdventures or any person for whom TigerTechAdventures is responsible; any delay in a scheduled Tour taking place; and any loss of or damage to valuables or luggage placed in TigerTechAdventures lockers and storage space.
9.5 Subject to clauses 9.1, 9.2, 9.3 and 9.4, and to the extent permitted by law, Climber releases and discharges TigerTechAdventures and the Roads and Traffic Authority from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising from participation in a Tour.
10. Resellers
When Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify TigerTechAdventures for any loss, damage or expense incurred by TigerTechAdventures as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
11. Gift Certificates
11.1 Gift Certificates are sold for a specific product or a range of alternative products. Gift Certificates are non-refundable, but are transferable.
11.2 TigerTechAdventures reserves the right to discontinue any product that may be acquired with a valid Gift Certificate, but agrees to substitute the discontinued product with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 12 months of the date of purchase and a Tour must take place within the 12 months.
12. Governing Law
These Terms are governed by the laws of city of Columbia, Missouri, the state of Missouri and the federal government of the United States of America. TigerTechAdventures and each purchaser and Climber submit to the non-exclusive jurisdiction of the Courts of the state of Missouri in respect of these Terms and any dispute between them.
University of Missouri, LLC trading as TigerTechAdventures® Columbia, MO
TigerTechAdventures® is the Registered Trade Mark of University of Missouri, LLC