KwaYa Australia Inc. – Terms and Conditions

Oct 20, 2026 ·

Last updated: October 2026

Welcome to KwaYa Australia Inc. (“KwaYa”, “we”, “us” or “our”). By accessing or using our website www.kwaya.org, making a donation, buying an event ticket, or registering for any KwaYa program or tour, you agree to these Terms and Conditions. Please read them carefully.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

1. About KwaYa

KwaYa Australia Inc. is a registered Australian charity (ABN 44 159 377 862). Our mission is to connect cultures and change lives through music, travel and community partnerships in Australia, Uganda and Kenya.

2. Use of this website

You may use our website for lawful purposes only. You must not use the site in any way that:

breaches any Australian or international law
impersonates KwaYa or misrepresents your affiliation with us
interferes with the site’s security, functionality or availability.

All content on this site, including text, images, logos and videos, is owned by or licensed to KwaYa and is protected by copyright. You may not copy, reproduce or distribute this content without our written permission.

3. Donations and payments

KwaYa accepts one-off and recurring donations through secure third-party payment processors such as Stripe, Humanitix and PayPal.

Receipts are issued automatically by our payment system.
Donations are used to support KwaYa’s charitable programs unless you specify otherwise.
Recurring donations can be cancelled at any time by emailing kwayaaustralia@gmail.com. Cancellation applies to future payments only.
If you have a question about a transaction, contact kwayaaustralia@gmail.com.

4. Refunds for donations and event tickets

4.1 Donations

Donations are final and non-refundable. If you believe a donation was made in error or duplicated, email kwayaaustralia@gmail.com within 14 days with the date, amount and payment reference, and we will review it.

4.2 Event tickets (concerts and fundraisers)

Unless stated otherwise on the event page:

Tickets are non-refundable, but may be transferred to another person if you email us at least 48 hours before the event.
If KwaYa cancels an event, we will offer you either a refund (less any unrecoverable third-party booking fees) or a credit or transfer to a future event. The choice is yours.
If an event is rescheduled, your ticket remains valid. If you cannot attend the new date, you may request a refund (less unrecoverable third-party booking fees) within 7 days of our notice.

5. Tours and programs

This section applies to all KwaYa tours and travel programs, including our tours to Uganda and Kenya. Participation is also subject to the Tour Terms & Conditions, Participant Waiver and Code of Conduct issued at registration. If those documents conflict with these terms, the document issued at registration applies to that tour.

5.1 Bookings and payments

Your place is confirmed when KwaYa receives your completed registration and deposit.
An initial deposit of AUD $500 per person is required. The deposit forms part of your tour fee and is non-refundable if you cancel, except as set out in clauses 5.4 and 5.6.
Further payments are due by the dates stated at registration. The full tour fee is due no later than 60 days before departure unless stated otherwise.
If a payment is not received by its due date, we will remind you in writing. If it remains unpaid 7 days after that reminder, we may cancel your place and clause 5.5 will apply.

5.2 Package pricing

Your tour fee is a single, all-inclusive package price for the services listed as Inclusions in your itinerary. It is not the sum of individual retail prices. It reflects group arrangements negotiated with our partners, planning and coordination, tour leadership, in-country support, staff and volunteer time, risk management, provision for contingencies, and a contribution to KwaYa’s charitable programs in Uganda and Kenya.

Our arrangements with suppliers are commercially confidential. KwaYa does not provide itemised pricing for individual components (such as meals, accommodation, transport or activities), or disclose supplier rates, invoices or internal tour accounts, except where required by law.

Prices are set well in advance of departure and may be adjusted only in accordance with clause 5.4.

If you choose not to use an included service (for example, a meal, activity or night’s accommodation), or you leave the tour early, no refund or credit is available for that service. This does not affect your rights where a service is not provided as agreed, or where a refund is otherwise required under the Australian Consumer Law.

5.3 Inclusions, exclusions and substitutions

Your tour fee covers only the items listed as Inclusions in your itinerary. Unless listed as included, the following are not covered:

international and domestic airfares to and from the tour start and end points
passports, visas, vaccinations and medical costs
travel insurance
drinks, snacks and meals not listed as included
tips and gratuities
optional activities, personal shopping, laundry and phone or internet charges
costs arising from flight delays, illness or leaving the tour early.

Itineraries are a guide. Local conditions in Uganda and Kenya can change at short notice. KwaYa may substitute accommodation, meals, venues, transport or activities with alternatives of a similar standard, or adjust the order of the itinerary. No refund is payable for a substitution of a similar standard. Where a substitution is of a materially lower standard, we will offer a fair partial refund or credit.

5.4 Price adjustments

Tour fees are quoted in Australian dollars, but many of our costs are paid in Ugandan shillings, Kenyan shillings or US dollars. KwaYa may increase the tour fee up to 60 days before departure only to cover increases in our costs caused by:

exchange-rate movements
fuel prices
government taxes, park fees, permit fees or other charges imposed by authorities.

We will notify you in writing with the reason for the increase. If the total increase is more than 10% of your tour fee, you may cancel within 14 days of our notice and receive a full refund of all amounts paid, including your deposit. No price increase will be made within 60 days of departure.

5.5 Cancellation by you

You must cancel in writing by email to kwayaaustralia@gmail.com. Your cancellation takes effect on the date we receive your email.

Notice before departure

Refund

60 days or more

Amounts paid, less the $500 deposit and any unrecoverable supplier costs

31 to 59 days

50% of the tour fee, less any unrecoverable supplier costs

30 days or less

No refund, as most costs are committed

Unrecoverable supplier costs include issued airfares, accommodation and operator cancellation penalties, visa and permit fees, insurance premiums, and bank and platform fees. Where we deduct these costs, we will give you a summary of committed costs by category (for example, accommodation, transport and activities).

You may transfer your place to another person who meets the tour requirements, with our approval, if you notify us at least 45 days before departure. Any name-change or reissue fees charged by suppliers are payable by you.

Your travel insurance may cover cancellation costs. Please direct claims to your insurer.

5.6 Changes and cancellations by KwaYa

KwaYa may cancel or make a major change to a tour for safety reasons, government restrictions, partner or supplier failure, or if minimum participant numbers are not met. We will tell you as soon as practicable, and in any case no later than 45 days before departure where the reason is minimum numbers.

If we cancel a tour, or make a major change that you do not accept, you may choose either:

a refund of all amounts you paid to KwaYa, including your deposit, less only amounts already irreversibly paid to suppliers on your behalf, with a summary of those costs by category, or
a transfer of all amounts paid as a credit towards a future KwaYa tour.

If we cancel a tour for any reason other than those listed above, we will refund all amounts you paid to KwaYa in full.

KwaYa is not responsible for the cost of flights, visas, insurance or other arrangements you booked yourself, except as required by law. We strongly recommend you buy flexible or refundable flights.

5.7 Travel advisories and safety

We monitor the Australian Government’s Smartraveller advice for Uganda and Kenya. If the advice for an area on our itinerary is raised to “Reconsider your need to travel” or “Do not travel” before departure, we will treat this as a KwaYa cancellation or change under clause 5.6.

During a tour, the safety of participants comes first. The tour leader may change the itinerary, move the group, or end the tour early because of safety concerns, local unrest, weather, health risks or directions from authorities. Where this happens, we will work in good faith to recover unused costs from suppliers and pass on any amount recovered. Additional costs such as changed flights or extra accommodation should be claimed through your travel insurance.

5.8 Events beyond our control

If a tour is cancelled or disrupted by events beyond our reasonable control, such as pandemics, natural disasters, civil unrest, airline failure or government action, we will work in good faith to recover or credit as much as possible from suppliers. Refunds may be limited to what we successfully recover, and we will give you a summary of committed costs by category. This clause does not limit any right you have under the Australian Consumer Law.

5.9 Travel insurance

Comprehensive travel insurance is a condition of joining any KwaYa tour. Your policy must cover medical treatment, emergency evacuation and repatriation, cancellation and travel disruption for the full length of the tour. You must provide a copy of your policy certificate and emergency contact number to KwaYa at least 30 days before departure. We may decline to let you travel without it, and clause 5.5 will apply.

5.10 Tour fees are not donations

Tour fees are payment for travel services. They are not donations and are not tax-deductible, even though a portion of the fee supports KwaYa’s charitable programs. Any separate donation you make will be receipted separately.

6. Participant responsibilities

You are responsible for:

holding a passport valid for at least 6 months after your return date, with enough blank pages
obtaining the visas and entry permits required for each country on the itinerary
obtaining required vaccinations, including yellow fever vaccination for Uganda, and carrying your vaccination certificate
seeking medical advice before travel and telling KwaYa in writing about any medical condition, disability, allergy or dietary requirement that may affect your participation
being fit enough to take part in the itinerary as described
arriving at the tour start point on time and following the reasonable directions of the tour leader.

KwaYa may decline a registration, or ask for a medical clearance, where we reasonably believe the tour may put your health or safety, or the safety of others, at risk. Costs arising from missing documents or requirements are your responsibility.

7. Conduct

Our tours involve working closely with partner communities, schools and families. All participants must follow the KwaYa Code of Conduct and respect local laws, customs and the people we visit.

KwaYa may remove a participant from a tour, without refund, if their behaviour seriously breaches the Code of Conduct, breaks the law, or puts the safety, wellbeing or reputation of other participants, partners or communities at risk. Any costs of leaving the tour, including travel home, are the participant’s responsibility.

8. Feedback and complaints

If something is not right during a tour, please tell your tour leader straight away so we have the chance to fix it on the spot.

If an issue is not resolved during the tour, please email kwayaaustralia@gmail.com within 30 days of the tour ending, with details of the issue. We will acknowledge your complaint within 7 days and aim to respond in full within 30 days. This process does not limit your rights under the Australian Consumer Law.

9. Photography and media

KwaYa photographs and films its tours, concerts and programs to share our work with supporters and funders. By participating, you consent to KwaYa using images and recordings in which you appear on our website, social media, reports, grant applications and promotional materials, without payment.

If you do not want to appear in KwaYa materials, tell us in writing at registration or at any time afterwards. We will respect your request for future use.

Participants must follow KwaYa’s guidance on photographing community members, especially children. Images of children in partner communities must not be published without the consent of KwaYa and the child’s guardian.

10. Payment disputes and chargebacks

If you believe a charge is incorrect, please email kwayaaustralia@gmail.com first so we can resolve it quickly. If a chargeback is lodged for a payment that was properly authorised and is not refundable under these terms, KwaYa may seek to recover the bank and platform fees it incurs.

11. Currency, fees and timing

All prices are in Australian dollars (AUD) unless stated otherwise.
Bank charges, exchange fees and platform fees charged to you by your own bank or card provider are your responsibility and are non-refundable.
Approved refunds are paid to the original payment method within 10 to 14 business days of approval. Processing times vary between banks and platforms.

12. Third-party links and suppliers

Our website may include links to other websites, such as partners, booking systems and social media. KwaYa is not responsible for the privacy practices, accuracy or content of external sites.

On tours, some services are provided by independent suppliers such as hotels, transport operators, airlines and activity providers. These suppliers have their own terms and conditions. KwaYa takes care in selecting suppliers but does not control their operations.

13. Limitation of liability

We take care to keep the information on this website accurate and current, but we do not guarantee that it is complete or error-free.

To the extent permitted by law, KwaYa is not liable for any indirect or consequential loss, or for loss caused by the acts or omissions of independent suppliers, other participants or events beyond our reasonable control, except to the extent the loss is caused by KwaYa’s own negligence or breach of these terms.

The Participant Waiver issued at registration sets out the risks of tour activities and further terms that apply to them.

Nothing in these terms excludes or limits any consumer guarantee or other right you have under the Australian Consumer Law that cannot lawfully be excluded or limited.

14. Privacy

Your privacy matters to us. Our Privacy Policy explains how we collect, use, store and protect your personal information, including the medical and emergency contact details we need for tours.

15. Changes to these terms

KwaYa may update these Terms and Conditions from time to time. Changes will be posted on this page with a new “Last updated” date. Changes apply to donations, ticket purchases and registrations made after the update. They do not apply to a tour booking already confirmed, unless you agree to them or the change is required by law.

16. Governing law

These Terms and Conditions are governed by the laws of Queensland, Australia. Any disputes are subject to the jurisdiction of the courts of Queensland. We encourage you to raise any concern with us first under clause 8 so we can try to resolve it informally.

17. Contact us

KwaYa Australia Inc. ABN 44 159 377 862 Email: kwayaaustralia@gmail.com Website: www.kwaya.org