https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2015/90.html?context=1;query=Perisher%20Blue%20Pty%20Ltd%20v%20Nair-Smith;mask_path=au/cases/nsw/NSWCA

Luke Walker runs a Perth-based segway tour business called OnWheels Pty Ltd. On 26 June 2022, Jane Smith decides to purchase a ticket for a tour, to celebrate her 16th birthday. The tour is scheduled to commence in three months' time.

Before paying for the ticket, Jane is prompted with a message stating: "Please tick below if you agree with the following, to complete the transaction: a.OnWheels Pty Ltd ('OnWheels) accepts no liability or responsibility for any accident, change of mind or any other factor that may lead to you no longer being able to participate in the tour b.Absolutely no refunds will be given under any circumstances and c.The completion of this order signifies an agreement by you to the terms and conditions above." Jane does not bother to read the terms and conditions and ticks the 'agree' box straight away and completes her purchase of the ticket. One day before the tour, Jane decides that she would rather work at her casual caf job the next day, instead of going on the tour. Jane has already paid for the tour, but contacts Luke and asks for her money back. Luke tells Jane that he is unable to give her a refund because they have a legally binding contract, and she explicitly agreed to the clause stating there are no refunds or liability for change of mind when she purchased her ticket.

Using the IRAC method, advise Luke of whether there is a legally binding contract with Jane and if this contract and it's exclusion clause may be enforced against her to prevent the return of her money. Ensure you refer to relevant case law in your answer.