TERMS OF USE

MT BULLER TERMS OF USE

BULLER SKI LIFTS

Agreement - Conditions of Purchase, Supply and Use
This Website is co-operated by Buller Ski Lifts Pty Ltd (‘Buller Ski Lifts’) (ABN 25 153 985 829) of Mt Buller, Victoria, Australia. These terms and conditions of purchase, supply and use together with any additional conditions of the Website and the terms and conditions set out in clause 3, (‘Exclusion of Liability and Waiver of Your Right to Sue’), form the conditions (‘the Conditions’) which govern the access to and use of this Website and your purchase of a B-TAG, Access Product, ski or snowboard lesson and the topping up of a B-TAG. By using this Website you confirm that you agree with the Conditions and any changes to them and agree to be bound by them.

To make a purchase by using this Website, you accept the Conditions by clicking ‘I AGREE’ and/or by making an electronic payment.

If you do not agree with the Conditions, you should immediately stop using this site.

Disclaimer
The material and information on this website is provided in good faith by Buller Ski Lifts. While Buller Ski Lifts takes all reasonable care to ensure that the content is correct, it cannot guarantee that all the material is always true, accurate and free from errors. Accordingly, you must use this website at your own risk and accept that the material and information on the website may contain errors and omissions and that it is not intended as advice and must not be relied upon as such.

1. PRIVACY POLICY
You agree and authorise Buller Ski Lifts and its agents to do each of the following:

1.1 Collect your personal information provided by you on this site;

1.2 Use your personal information for administering and operating this Site and for marketing purposes such as planning, researching, promoting and/or marketing any goods and/or services of this Site and/or a third party by email, mail or telephone; and

1.3 Disclose and/or transfer the personal information to related bodies corporate, officers, employees and agents of this Site.

We will only collect the personal information which is required for the functions and/or activities of the B-TAG. Your personal information will not be disclosed to any overseas recipients.

We will offer you opportunities to OPT-OUT of receiving all communications (or selected communications) from Buller Ski Lifts. If you elect to opt out, we will ensure your details are excluded from all internal marketing lists and future promotions. However, if you do take advantage of any offer from a third party organisation, they may send further offers to you directly.

For more information regarding the kind of personal information we collect, how we collect your information, the purposes for which the information is collected and how you can complain about any APP breach, please visit our Buller Ski Lifts Privacy Policy at https://www.mtbuller.com.au/Winter/privacy-policy.

You can access, update, delete or correct any request to delete any personal information relating to you held in Buller Ski Lifts’ database by contacting our Privacy Officer at privacy@skibuller.com.au.

Notices
All notices to a party shall be sent by email.

GENERAL CONDITIONS

2. DEFINITIONS
In the Conditions, unless there is something in the subject or content inconsistent therewith:

2.1 ‘Access Product’ means any product that provides the Holder with access to the Ski Lifts, the snow slopes, mountain bike trails, sightseeing, skiing and snowboarding lessons, skiing and snowboarding equipment rental on a daily or multiday basis, and includes a Season Membership.

2.2 ‘Act’ means the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (Vic) and the Australian Consumer Law (Cth).

2.3 ‘Applicant’ means the person applying to purchase or purchasing a B-TAG, an Access Product, ski or snowboard lessons or topping up a B-TAG.

2.4 ‘B-TAG’ means a piece of RFID media that when activated provides access to the Ski Lifts, snow slopes and mountain bike trails.

2.5 ‘bStore’ means the business to business website for the wholesale of the Company’s products.

2.6 ‘Buller Ski Lifts’ means Buller Ski Lifts Pty Ltd (ABN 25 153 985 829).

2.7 ‘Claim’ means any claim, demand, action or proceeding in relation to the performance or non-performance of the services, products or any other obligation whether arising under the Conditions, the Act, the law of contract, equity, tort (including negligence), strict liability, breach of statutory provision or statutory duty or otherwise.

2.8 ‘Company’ means Buller Ski Lifts Pty Ltd ABN 25 153 985 829, its directors, officers, employees and agents and includes Buller Sports Pty Ltd ABN 34 056 736 930 and Buller Ski & Snowboard School Pty Ltd ABN 51 056 466 347.

2.9 ‘Cut-off Date’ means the last date an applicant may take advantage of seasonal pricing as stated on the Website from time to time.

2.10 ‘eStore’ means the online retail website and the Mt Buller Mobile Application for the sale of the Company’s services and products to customers.

2.11 ‘Holder’ means the person to whom a B-TAG has been issued or purchased for and includes the purchaser of the B-TAG and of any Access Product.

2.12 ‘mountain biking’ means the riding of bikes on the designated mountain bike trails at the Resort during the Summer Season.

2.13 'Pandemic' means a Victorian or Commonwealth state of emergency, public health directive or other direction or law arising from a pandemic and / or public health emergency in connection with the virus or respiratory illness of known as COVID-19 and any associated strain, variety or mutation of that virus or respiratory illness.

2.14 ‘Prescribed Terms’ means any terms, conditions and warranties which the law (including the Act) expressly provides may not in respect of the Conditions be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent.

2.15 ‘Price’ means the full price applicable to the purchase of a B-TAG, a particular Access Product or the topping up of a B-TAG at a Purchase Date.

2.16 ‘Purchase’ or ‘purchased’ means to have paid in full.

2.17 ‘Purchase Date’ means the date that the purchaser makes payment for the B-TAG, the Access Product or for the topping up of the B-TAG.

2.18 ‘Purchase Price’ means the actual price paid for the B-TAG, Access Product or for the topping up of a B-TAG.

2.19 ‘Relevant Date’ means 1 June in each calendar year.

2.20 ‘Resort’ means the Mt Buller Alpine Resort.

2.21 ‘Resort Charge’ means the facility to link a B-TAG to a nominated credit card.

2.22 ‘Season Membership’ means an Access Product that provides the Holder with access to the Ski Lifts for the purpose of skiing or snowboarding on a Snow Season basis.

2.23 ‘Ski Lifts’ means such lifts as may be operated by the Company at the Resort from time to time during the Snow Season and includes, but is not limited to chair lifts, T bars, moving carpets and tow ropes.

2.24 ‘Snow Dough’ means the stored value facility that may be linked to a B-TAG.

2.25 ‘Snow Season’ means the period in the calendar year during which the Company shall operate the Ski Lifts for the purpose of facilitating the participation in snow sports at the Resort during the ‘Snow Season’ as defined in the Alpine Resorts (Management) Regulations 2009 PROVIDED THAT the Company may in its absolute discretion determine in accordance with the snow, weather and/or other conditions or circumstances (including any Pandemic) prevailing to any particular day or days during the Snow Season, the quality and the nature of the Ski Lifts (if any), the services and facilities to be operated or offered by the Company on that day or days.

2.26 ‘Summer Season’ means the period of each calendar year which does not include the Snow Season.

2.27 'Travel Products' means any product purchased via this Site including but not limited to accommodation, resort entry, parking, activities, access products, tobogganing, and rental equipment. 

2.28 ‘You’, ‘Your’, ‘you’ and ‘your’ means the person who makes a purchase from Buller Ski Lifts by using this Website and includes the Holder.

2.29 ‘Village Ticket Office’ means the Company’s ticket office at the Resort.

2.30 ‘Vouchers’ means benefits, gifts or promotional items provided to a Holder at the Company’s sole discretion.

2.31 ‘We’ means the Company.

2.32 ‘Website’ and ‘Site’ means any online e-commerce platform supplied by the Company to You to purchase B-TAGs, Access Products, or other travel products, including but not limited to those accessed through ‘bslestore.com.au/estore’ and the bStore accessed through 'bslestore.com.au/bstore’, 'mtbuller.com.au’, 'inntopia.travel', 'skibuller.com.au' or the Mt Buller Mobile App and content supplied by the Company for those sites.

3. EXCLUSION OF LIABILITY AND WAIVER OF YOUR RIGHT TO SUE
IMPORTANT – READ CAREFULLY - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS!

3.1 Buller Ski Lifts (the Supplier) offers you use of recreational services (Recreational Services) at the Resort on the Conditions. The Recreational Services are all services provided by the Supplier associated with the use of the snow slopes and the mountain for recreational activities including but not limited to skiing, snowboarding, tobogganing, mountain biking and sightseeing. The Recreational Services include, but are not limited to, the provision and operation of Ski Lifts, snowmaking, snow slope design, construction, maintenance and grooming, hazard assessment and mitigation, construction and maintenance of mountain bike trails, skiing and snowboarding lessons, equipment rental, and the operation of the ski patrol.
You may accept this offer by purchasing a B-TAG, Ski Lift access product, using a B-TAG, topping up a B-TAG, hiring equipment from the Supplier, purchasing or participating in lessons offered by the Supplier or using or making use of any of the Recreational Services. If you do any of these things, you have accepted this offer and are bound by the Conditions.

3.2 Purchase of B-TAG and Daily Access
You must purchase a B-TAG and Ski Lift access product for the days on which you wish to ski, snowboard or mountain bike at the Resort. Prices are displayed at the Resort and on the Supplier’s website. If you rent equipment or enrol or participate in skiing or snowboarding lessons, you must also pay the applicable price. Even if you fail to purchase a B-TAG or to pay an applicable fee, if you use any of the facilities at the Resort or make use of any of the Recreational Services, by such use you agree to and will be bound by the Conditions.

3.3 Exclusion of Liability
The Supplier, its employees, directors and agents, are not liable to you, your dependents or legal representatives, for personal injury or death suffered by you due to the negligence, breach of contract or statute or statutory duty of the Supplier, including but not limited to any liability for Recreational Services not being rendered with due care and skill or not being reasonably fit for any purpose which you made known, expressly or by implication, to the Supplier or because they failed to achieve any result reasonably expected by you which you, expressly or by implication, made known to the Supplier or for breach of any other consumer guarantee of the Australian Consumer Law (Vic) or of the Australian Consumer Law (Cth).

3.4 Risk Warning and Waiver to Sue
You acknowledge that Recreational Services and associated recreational activities are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue the Supplier, its employees, directors and agents, for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of such services or your participation in such activities.

3.5 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

3.6 You must comply with the Alpine Responsibility Code and all signs or other directions of the Supplier. It may suspend or cancel your B-TAG and access to Recreational Services at the Resort in its absolute discretion for non-compliance with the Code, the Conditions, or for reckless or careless conduct.

3.7 You must carry your B-TAG in or on your ski jacket at all times on the snow slopes which must be presented to the Supplier’s agent upon request.

3.8 No B-TAG or access product can be resold, transferred or altered in any manner. They are valid only for the dates purchased. The Supplier will not refund or replace any B-TAG if you suffer any illness or injury or if any lift service is not operating.

3.9 Purchases on Behalf of Another Person and Indemnity
If you purchase a B-TAG or access product or Recreational Service from the Supplier on behalf of another person, you make that purchase as the agent of that other person who is also bound by the Conditions and by using or making use of the Recreational Services, such person acknowledges and agrees to the Conditions as if that person had read clause 3 in its entirety and then made the purchase. You warrant that you have that person’s authority to so bind them, unless you purchase a B-TAG or access product or Recreational Service from the Supplier on behalf a child (under 18 years) in which case you agree to fully indemnify the Supplier for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the Supplier, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of Recreational Services or participation in recreational activities.

PRIVACY STATEMENT – See website www.mtbuller.com.au for privacy statement

4. TERMS OF USE OF WEBSITE

4.1 The Domain name Mtbuller.com.au is owned by Mt Buller and Mt Stirling Alpine Resort Management Board (ABN 44 867 982 534) of Mt Buller, Victoria, Australia and its use is subject to its terms and conditions. The Company has provided proprietary material for display on that site.

4.2 The Website is provided by the Company.

4.3 The Website may provide links to third party websites and the products or services of third parties. If you use any of these links you leave this website. The Company has not reviewed and does not control these websites and is not responsible for their content. The Company is not responsible and is not liable in any way for third party content provided on or through these Websites. If you access, use or purchase any goods or services via these websites you do so at your own risk.

4.4 This Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. The Company does not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.

4.5 Copyright in the Website is owned by the Company or its licensors.

4.6 The material available on this Website is copyright protected. You may download, store, display on your computer, view, listen to, play and print materials that the Company publishes or broadcasts on the Website or makes available for free download through the Website subject to the following: (a) the materials may be used by you solely for your own information and evaluation purposes relating to the Company’s products and services; (b) the materials may not be modified or altered in any way; and (c) the materials may not be redistributed or sold to other parties.

4.7 No content of this Website may be used, reproduced, distributed, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the written permission of the Company except:

(a) as expressly permitted in the Conditions, or

(b) as permitted under the Copyright Act 1968 (Cth) or other applicable laws.

4.8 The Website may contain trademarks or logos of the Company, other companies or organisations and these are proprietary to the owner(s) of such marks. No use of the trademarks or logos without prior written permission of the Company is permitted.

4.9 The Company may at any time discontinue or limit access to the Website or its content. The Company may terminate or limit your access to the Website if you breach the Conditions. All disclaimers and limitations of liability by the Company will survive termination.

4.10 To the extent available by law, the Company gives no guarantees or warranties in relation to this Website. In particular, the Company does not warrant that:

(a) the Website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software;

(b) the Website or any content will meet your requirements; or

(c) the content does not infringe any third party intellectual property rights.

4.11 Pricing

The price of the Access Products shall be the price displayed on the Website in Australian Dollars on the date of your order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth) but exclusive of delivery charges which are payable by you).

4.12 Cancellation Due to Error or Unavailability

(a) You acknowledge that despite the Company’s reasonable precautions, Access Products or Travel Products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or other oversight. In these circumstances, the Company reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. The Company each reserves this right up until the time of delivery or use of the Access Products or Travel Products.

(b) If a cancellation of this nature occurs after your credit card has been charged for the purchase the Company will immediately, or as soon as practical, issue a credit to your credit card account for the amount in question.

4.13 Security Policy

(a) When purchasing from the Website your financial details are passed through a secure server.

(b) No transmission over the Internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to the Company, including your credit card details, is transmitted at your own risk, and the Company shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this Website whether due to negligence, breach of contract, statute or statutory duty by the Company.

(c) Once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.

5. PRIVACY

5.1 In administering the B-TAGs the Company will collect certain personal information of the Holder. This information will be collected and used strictly in accordance with the Australian Privacy Principles, the Buller Ski Lifts Privacy Policy (published at https://www.mtbuller.com.au/Winter/privacy-policy)

5.2 The Company collects the personal information required on this Website for the primary purpose of providing you with the products or services you are seeking and accordingly, if the personal information you provide is incomplete and/or inaccurate, we may be unable to provide you with those products or services. You may seek the correction of your personal information by contacting our Privacy Officer at privacy@skibuller.com.au.

5.3 Importantly, all personal information is stored on secure databases and will only be accessed by the Company employees that have a need to use the information in the normal course of their duties. For more information, please visit our Buller Ski Lifts Privacy Policy.

5.4 Personal information about a B-TAG Holder, Snow Dough Account balances and transaction records are available by attendance at the Village Ticket Office or by contacting the Privacy Officer at privacy@skibuller.com.au. Your personal information will be disclosed to you on request and with presentation of proper identification.

6. FAULTY, LOST OR STOLEN B-TAGS

6.1 Should a B-TAG be lost, stolen or damaged, the lost, stolen or damaged B-TAG will be deactivated and the Company will re-issue a new B-TAG upon receipt of payment of the $5 replacement fee for regular B-TAGs, and a $10 replacement fee for Season Membership B-TAGs.

6.2 The Company reserves the right to request suitable identification prior to the re-issue of the B-TAG.

6.3 If the Holder considers the B-TAG to be faulty, and the Company determines it is faulty through no fault of the Holder then the B-TAG will be replaced at no cost to the Holder.

7. TERMINATION
The B-TAG or Season Membership, issued to a Holder may be cancelled or suspended by the Company without refund to the Holder, at the absolute discretion of the Company, for:

7.1 Reckless or careless conduct whilst participating in Recreational Activities or non-compliance with the ALPINE RESPONSIBILITY CODE, which is on display within the Resort and on this website www.mtbuller.com.au/Winter/Ski-School/Safety-on-the-Slopes or with the notices or other directions of the Company;

7.2 Violation by the Holder of any of the rules posted or established by the management of the Company;

7.3 Violations by the Holder of area closures, trail closures and ski area boundaries;

7.4 Acts endangering the safety of or harming other persons or misconduct by the Holder;

7.5 The use of the B-TAG or Season Membership by any person other than by the Holder;

7.6 Damage to the property of the Company by the Holder; and/or

7.7 Any breach of the Conditions.

SNOWDOUGH ADDITIONAL CONDITIONS

A B-TAG may also be used as a stored value card. At the option of the Holder the B-TAG may be loaded with money and used (instead of cash) to pay for various goods and services within the Resort (‘Snow Dough’). The Holder will be bound by these additional conditions from the date the B-TAG is first used for a financial transaction.

Snow Dough is accepted as a form of payment (at time of writing) at the following Buller Ski Lift venues:

• Retail products and Rental equipment at Freeride, Altitude and all Buller Sports locations.

• Food and Beverages at ABOM Bistro, ABOM Food hall, Moosehead Whisky Bar, Spurs Iron Maiden Smokehouse, Tirol Café.

• Lift and Lessons at Ticketing, Altitude, Buller Sports and Ski School outlets.

8. LOADING

8.1 The B-TAG may be used by the Holder as a non-cash payment facility. The B-TAG can be linked to a stored-value account established with the Company (‘Snow Dough Account’) into which the Holder or a third party may deposit sums up to but not exceeding the maximum balance of $1000.

8.2 The B-TAG may be loaded online by using the secure payment facility at www.bslestore.com.au/eStore. Payment is by credit/debit card. Payments into the Holder’s Snow Dough Account may be made at any time using the online eStore or Mobile Application.

8.3 The Holder may use the Snow Dough to pay for goods and services sold by the Company at the Resort including those provided by the Ski & Snowboard School, Buller Sports and the Company’s hospitality venues.

8.4 The B-TAG Holder agrees to the Conditions for use of the B-TAG by depositing money into their Snow Dough Account for use of their B-TAG.

9. FEES AND CHARGES

9.1 The Company does not charge any fees to establish a Snow Dough Account. 

9.2 An administration fee will be charged by the Company if:
(a) the Holder requests that the Company reissue the Holder with a new B-TAG because the Holder has lost or damaged the B-TAG or it has been stolen (see clause 6 of the Conditions);
(b) the funds in the Holder’s Snow Dough Account are refunded to the Holder for any reason; or
(c) the Company is required to deal with the balance of funds in the Holder’s Snow Dough Account in accordance with the Unclaimed Monies Act 2008 (Vic).

10. ACCOUNT BALANCE

10.1 The B-TAG Holder’s account cannot have a negative balance and any transactions exceeding the value remaining on the B-TAG will need to be paid for by other methods for the amount that is in excess of the B-TAG balance. The B-TAG Holder’s account balance can be viewed online, at the Village Ticket Office or at any point of sale accepting the B-TAG for payment.

10.2 The B-TAG is not a credit card and it may not be used for cash withdrawals or cash advances.

10.3 Any balance in the B-TAG Holder’s account at the end of the Snow Season may be rolled over to the next season. The B-TAG Holder agrees that no interest is payable by the Company on the balance of the Snow Dough Account.

11. TRANSACTION LIABILITY

11.1 The Holder is responsible for and bears the cost of all transactions made with their B-TAG. The account balance on the B-TAG is the equivalent of cash wherever the B-TAG is accepted.

11.2 The Holder must ensure the safe keeping of their B-TAG and must not release the B-TAG details to anyone, other than authorised Company personnel, and must not permit any other person to use their B-TAG. If this provision is breached, the Company will cancel the B-TAG with no refund payable to the Applicant or the Holder. The Company reserves the right to report such conduct to the police.

11.3 If the Holder is a minor, the person providing the funds to the associated Snow Dough Account acknowledges that the deposit is the equivalent of giving cash to the minor and that the minor may use the Snow Dough to purchase goods and services. The Company accepts no liability whatsoever for the purchasing decisions made by minors.

11.4 If a B-TAG is lost or stolen the B-TAG Holder must immediately report the matter to the Company on (03) 5777 7800 and the Company will deactivate the B-TAG. There is a 24 hour message recording facility for all reports that are made outside the business hours of the Company. The Holder is liable for all transactions up to the time the Snow Dough account on the B-TAG is deactivated.

11.5 The Company is not liable for any unauthorised use of the B-TAG or any loss suffered by the Holder due to the Holder’s breach of these conditions.

12. TRANSACTION RECORDS

12.1 The Village Ticket Office is responsible for the administration of Snow Dough and the B-TAGs. Each transaction made with a B-TAG is recorded.

12.2 The Holder can, free of charge, obtain a record of the transactions made using the B-TAG:
(a) in person by visiting the Village Ticket Office during normal operating hours;
(b) by contacting the Village Ticket Office during normal operating hours in (03) 5777 7800.

13. DISPUTE RESOLUTION

13.1 If a B-TAG Holder believes there is an error, unauthorised transaction or other issue relating to their Snow Dough Account or its use then the Holder should contact the Village Ticket Office as soon as practicable and provide the following details:
(a) Details of the relevant transaction (date, time, merchant);
(b) Holder’s contact details (email/mobile phone); and
(c) Any other information reasonably requested by the Company to investigate the dispute.

13.2 The Village Ticket Office will use its reasonable endeavours to investigate the matter and resolve the matter and respond to the Holder within [10 Business Days] of receiving the Holder’s report. If the Village Ticket Office finds that an error has occurred, the Holder’s account will be corrected.
13.3 The Holder may request an update on the status of the matter by contacting the Village Ticket Office during regular operating hours.

14. REFUNDS OF SNOWDOUGH

14.1 A Holder may request a refund of Snow Dough either online or in writing at the end of the Snow Season or upon the earlier termination of the B-TAG. Snow Dough refunds will be made by electronic funds transfer into an account provided by the Holder for this purpose at the time of establishing the Holder’s account. An administration fee of $10 will apply and be deducted from any remaining balance upon a refund being made. This only applies to Snow Dough balances purchased by the Holder, not for amounts given as credits by the Company as rebates for products purchased.

14.2 Any B-TAG that is inactive with an unclaimed balance will be retained for a period of not more than seven years. The balance will be managed in accordance with the requirements of the Unclaimed Monies Act 2008 (Vic). An administration fee of $10 will apply and be deducted from the balance following the expired period.

15. GENERAL

15.1 The Holder acknowledges and agrees that a B-TAG and Access Product and its benefits are not transferable.

15.2 The Holder acknowledges and agrees that the Company may in its absolute discretion determine in accordance with the snow, slope, and/or weather conditions prevailing on any particular day or days during the Snow Season the quantity and the nature of the Ski Lifts (if any), the services and the facilities to be operated or offered by the Company on that day or days and the Holder further acknowledges and agrees that he or she shall not be entitled to any refund, credit or transfer in respect of the Access Product with which he or she has been issued if any of the Ski Lifts and/or the services and the facilities are not operated or offered by the Company for any reason whatsoever for any period during the Snow Season.

15.3 Vouchers cannot be redeemed for cash or for Snow Dough.

15.4 B-TAGs cannot be transferred or resold. They are valid only for the time period stipulated in the purchased Access Product and are void if tampered with.

16. VARIATION TO THE CONDITIONS
The Company retains the right to vary the Conditions from time to time, including changing the prices of any Access Products. Any variations become effective on posting of the changes on the Website. By making a purchase through the Website you agree to be bound by the Conditions and by any later variation to them when posted on the Website. The Company encourages users to review this document regularly to keep abreast of such changes.

17. APPLICABLE LAWS AND JURISDICTION
Note: the Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable.

18. PHOTOGRAPHY AND VIDEOGRAPHY
The Holder grant full permission to Buller Ski Lifts, Mt Buller Mt Stirling Resort Management, their partners, sponsors, related entities, affiliates, and general media or publishers (“Mt Buller & Partners”) to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of The Holder's activity or appearance in the Mt Buller Mt Stirling Alpine Resorts (“Resorts”), in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use The Holder's name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the objectives of Mt Buller & Partners. The Holder understands that by accessing the Resorts, The Holder cannot be guaranteed The Holder will not be in any images taken in the Resorts, and The Holder cannot be reasonably excluded from any images in the Resorts. Further, The Holder relinquishes all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of The Holder's activity or appearance in the Resorts The Holder may take or capture to Mt Buller & Partners.