Terms & Conditions
These Terms and Conditions (the “Terms”) govern your use of www.simpsondesertguide.com.au (the “Site”), any purchase of The Ultimate Simpson Desert Travel Guide (the “Book”) in print, e-book or PDF format, and any subscription to read the Book online (together, the “Services”) provided by Stephan Fischer trading as AllOffRoad (ABN: 46 020 027 146) (“AllOffRoad”, “we”, “us”, “our”).
By accessing the Site, creating an account, purchasing the Book, or starting a subscription, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
1Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract under Australian law to use the Services. By using the Services you represent and warrant that you meet these requirements.
2Your Account
To purchase the Book or start a subscription you will need to register an account. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for keeping your login credentials secure and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised use.
3The Services
We offer the Book in the following formats:
- Print edition — a physical copy delivered to your nominated address.
- E-book / PDF — a digital file delivered by download or via a reading app such as Apple Books or a similar PDF reader.
- Online subscription — browser-based access to the Book on the Site for the duration of your paid subscription.
3.1 Online Subscription — Auto-Renewal
The online subscription is offered on a monthly or annual basis. Subscriptions automatically renew at the end of each billing period and your nominated payment method will be charged at the then-current price until you cancel. By starting a subscription you expressly authorise us and our payment processor to charge your payment method on each renewal date until your subscription is cancelled in accordance with these Terms.
3.2 Cancellation
You can cancel your subscription at any time from your account dashboard or by contacting us at [email protected]. Cancellation takes effect at the end of the current paid billing period. You will continue to have access to the online Book until that date. We do not provide pro-rata refunds for partial billing periods.
3.3 Price Changes
We may change the price of any subscription from time to time. We will give you at least 30 days’ notice by email before a price change takes effect on your subscription. If you do not agree with the new price you may cancel before the change takes effect. Continuing your subscription after the change takes effect constitutes your acceptance of the new price.
4Orders and Payment
All prices are in Australian Dollars (AUD) and include GST where applicable. Payments are processed by third-party payment processors such as Stripe and PayPal. By placing an order or starting a subscription you warrant that you are authorised to use the payment method you provide.
We may refuse or cancel any order at our discretion, for example where the product is unavailable, there is an error in pricing, or we suspect fraud. If we cancel an order that has already been paid we will refund the amount charged.
5Licence to Digital Content
When you purchase an e-book, a PDF copy, or an online subscription, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and read the Book for your own personal, non-commercial use. You do not own the Book and no ownership rights are transferred to you.
Unless we expressly agree in writing, you must not:
- copy, reproduce, print (beyond personal use), distribute, resell, sublicense, lend, or publicly display the Book;
- remove, obscure or circumvent any digital rights management, watermark, copyright notice or other protective measure;
- share your account credentials, subscription access, or download links with any other person;
- use the Book or any part of it to train, fine-tune or evaluate any machine learning, artificial intelligence or large language model;
- scrape, data mine, harvest or extract content from the Site or the Book in bulk, whether manually or using automated tools;
- modify, adapt, translate, create derivative works from, or reverse engineer the Book or the Site.
5.1 E-book / PDF Copies
If you purchase the e-book, you will receive a PDF file for your personal use on devices that you own or control. You may make one backup copy for archival purposes. You may not share, upload, re-sell or publicly distribute the PDF in any form. Where possible your PDF may include a personal watermark or identifier to help us enforce these Terms.
6Delivery of Print Books
Shipping times, methods and costs are shown at checkout and are indicative only. Risk and title in any print book passes to you on delivery to the address you provide. We are not responsible for delays caused by couriers, customs, remote or international destinations, or incorrect delivery details supplied by you.
7Refunds, Returns and the Australian Consumer Law
7.1 Digital Products
All sales of digital products — including e-book/PDF downloads and online subscriptions — are final. Once you have been granted access to the online Book, downloaded a PDF, or commenced a subscription billing period, we do not provide refunds, except where required by the Australian Consumer Law.
7.2 Your Rights Under the Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the ACL. For a major failure with a service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. For a major failure with goods you are entitled to a replacement or refund, and compensation for any other reasonably foreseeable loss or damage.
7.3 Damaged or Defective Print Books
If your print book arrives damaged or defective, please contact us at [email protected] within 14 days of delivery with photographs and your order number. We will arrange a replacement or refund in accordance with your rights under the ACL.
8Intellectual Property
All content on the Site and in the Book — including text, images, photographs, maps, GPS coordinates, track data, layout, design, graphics, and software — is owned by, or licensed to, Stephan Fischer and is protected by Australian and international copyright, trade mark and other intellectual property laws. The AllOffRoad name, logo and branding are trade marks of Stephan Fischer.
Except for the limited licence granted in clause 5, no rights are granted to you in respect of our intellectual property. Any unauthorised use may result in termination of your account and legal action.
9Acceptable Use
You agree that you will not:
- use the Services for any unlawful, fraudulent or harmful purpose;
- attempt to gain unauthorised access to the Site, other users’ accounts, or any connected system;
- upload, transmit or introduce any virus, malware, worm or other harmful code;
- interfere with, disrupt or place an unreasonable load on the Site or its infrastructure;
- use automated scripts, bots or crawlers to access, copy or monitor any part of the Services;
- use the Services in a way that breaches any applicable law or regulation.
10Travel and Safety Disclaimer
The Book contains information about travel, tracks, routes, fuel distances, water sources, campsites, permits and other logistics for the Simpson Desert and surrounding regions. Remote and desert travel involves serious and inherent risks, including vehicle damage, mechanical failure, dehydration, exposure, injury and death.
The information in the Book is provided as a general guide only, based on conditions at the time of writing. Conditions on the ground can and do change, permits and park rules can be updated, and tracks can open or close without notice. You are solely responsible for your own safety, the suitability and preparation of your vehicle and equipment, your fitness for the trip, your compliance with all applicable laws, permits, park rules and closures, and for checking up-to-date conditions before and during your trip.
To the maximum extent permitted by law, we do not warrant that the information in the Book is accurate, current, complete or fit for any particular purpose, and we are not responsible for any decisions you make based on it.
11Disclaimers
Subject to the Australian Consumer Law, the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law we exclude all representations, warranties and guarantees, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free.
12Limitation of Liability
Subject to the Australian Consumer Law and any rights you have that cannot be excluded by law:
- our total aggregate liability to you arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total amount you have paid to us in the 12 months immediately before the event giving rise to the claim;
- we are not liable for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data, reputation or opportunity;
- we are not liable for any loss, injury, damage or expense arising from your use of, or reliance on, the information in the Book while travelling or otherwise acting on its contents.
13Indemnity
You agree to indemnify and hold harmless AllOffRoad from and against any loss, damage, claim, liability, cost or expense (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your misuse of the Services; (c) your infringement of any law or third-party right; or (d) your reliance on any information contained in the Book.
14Third-Party Services
The Site may integrate with, or contain links to, third-party services including payment processors, analytics providers, social media platforms and reading apps. Your use of those services is subject to the terms and privacy policies of those third parties, and we are not responsible for their content, practices or performance.
15Suspension and Termination
We may suspend or terminate your account and your access to the Services immediately, without notice, if we reasonably believe that you have breached these Terms, including where you have infringed our copyright, shared your credentials, abused any refund or cancellation policy, or engaged in fraudulent activity. On termination your licence to access any digital content ends immediately, and clauses which by their nature should survive termination (including clauses 5, 8, 11, 12, 13 and 16) will continue to apply.
16Changes to These Terms
We may update these Terms from time to time. Where changes are material we will take reasonable steps to notify you, for example by email or a notice on the Site, at least 14 days before the changes take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree with the changes you must stop using the Services and may cancel your subscription.
17Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and AllOffRoad submit to the exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.
18General
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You must not assign or transfer your rights under these Terms without our prior written consent.
19Entire Agreement
These Terms, together with our Privacy Policy and any other terms referenced in them, constitute the entire agreement between you and AllOffRoad in relation to the Services and supersede any previous agreements or understandings.
20Contact Us
If you have any questions about these Terms, please contact us:
Stephan Fischer trading as AllOffRoad
Email: [email protected]
Website: www.simpsondesertguide.com.au