1.1 These are the contractual Terms and Conditions (the Agreement) related to any business or individual creating or claiming a business listing (the Member) on ActiveActivities (the Website).
1.2 The Website is owned and operated by The Digital Company (TDC). Click here for more information on TDC.
1.4 The Members use of this Website and these Terms and Conditions are governed by the laws of New South Wales, Australia.
1.5 If any clause of these Terms and Conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted from these Terms and Conditions and the remainder of the Agreement will have full force and effect.
1.6 TDC reserves the right to change any or all of our Terms and Conditions by publishing the new Terms and Conditions on this Website and without specific notice to the Member. TDC thus recommends that Members check back on a regular basis for changes. A Members usage of any part of the Website will be subject to the most current version of these Terms and Conditions.
1.7 Should a Member have any questions or feedback relating to these Terms and Conditions or the Website, please contact us using the contact information on the Website and we will be happy to help.
2.1 By creating a Member Account on the Website you agree to the following terms:
2.1.1 That you will at all times abide by these Terms and Conditions
2.1.2 That you will keep your username and password by which you access the Members Area confidential and secure at all times
2.1.3 That you accept all liability for any unauthorised use of any username and password issued
2.1.4 That you will provide accurate and up to date contact information and email address
2.1.5 That you are at least 16 (sixteen) years old
Business Listings – General
3.1 The Member can use the Website to add a Business Listing to the Website and amend and update that Business Listing on an ongoing basis, only if done in accordance with this Agreement.
3.2 The Member must not create, add, amend or update a Business Listing or any related content on the Website without the express authorisation of that business to do so.
3.3 The Member agrees that all content submitted to the Website by them or on their behalf, is authorised, belongs to the Member and does not breach any law or legal requirement.
3.4 The Member acknowledges that all content added to a Business Listing on the Website must:
3.4.1 Be accurate, on-topic and complete
3.4.2 Not be misleading or deceptive or likely to be misleading or deceptive
3.4.3 Not include information that is defamatory, fraudulent, infringes on the intellectual property or copyright of other third parties or would in any way expose the Website or TDC to any liability, legal proceeding or any other sanctions
3.4.4 Not be of a nature to bring the Website or TDC into disrepute
3.4.5 Comply with all relevant country, state and local regulations, laws and standards and all industry rules and regulations
3.4.6 Be allocated to the correct categories and locations
3.4.7 Be authorised and allowed in respect of the services represented
3.6 The Member is responsible for all the content in their Business Listing and any errors or omissions in their Business Listing, whether intentional or unintentional.
3.7 The Member is responsible for keeping their Business Listing up to date with new and relevant information.
3.8 The Member agrees that any information, pricing, promotions, special offers, images, videos or illustrations included in the Business Listing on the Website must accurately depict the services and products available and not inflate the service or misrepresent the services or products, or capability of the business to provide the services or products in any way and the Member understands that Website Visitors will rely on this information when selecting a provider.
3.9 The Member agrees that all content submitted to the Website must be suitable for viewing by minors, must not be obscene, false, misleading, defamatory or deceptive in anyway and must not contain pornography, adult and sexual content, sex related merchandising or nudity.
3.10 The Member agrees that all submissions of content in any format to the Website will automatically be granted a perpetual, irrevocable, transferable, royalty free licence (including rights to sub license) to use, reproduce and republish in any media or format without restriction.
3.11 The Member agrees that they are wholly responsible for delivering and providing the services and products listed by the Member on Website and the Member certifies that they are professionally competent to deliver these services and products.
3.12 The Member confirms and certifies that they have all the necessary legal requirements in place for their business including but not limited to certifications, licences, risk and safety management and insurances in place with respect to the services and products that they offer and the business that they operate.
3.13 The Member agrees that where categories exist on the Website which might be limited to professionals holding certain qualifications only, such as a physiotherapist or podiatrist that they will not hold themselves out as holding that qualification in any content submitted and not attempt to list their business in one of these categories.
3.15 The Member agrees that their terms and conditions shall not conflict with the Website terms and conditions, and if they do, that they agree to abide by the Website terms and conditions.
3.16 The Website has the sole discretion to decide which businesses it will allow to list on the Website.
3.17 The Website has the right to remove or amend any Business Listing or any content provided in a Business Listing, for any reason at any time, at the sole discretion of the Website, without the need to provide notice or an explanation and without any damages applying.
3.18 The Member authorises and consents to the Website contacting them via any of the contact information provided by the Member (including phone and email), for any purpose related to the running and management of their account and the providing of any information including but not limited to new and changed Website features, special offers, Pay per Lead, Online Bookings, ratings and reviews and any marketing and promotions by the Website or its partners.
3.19 The Member agrees that TDC can contact them via any of the contact information provided by the Member (including phone and email), for the purpose of providing the Member with information about other websites owned and managed by TDC which may be applicable to the Member.
3.20 By purchasing a lead via the Pay per Lead Program the Member agrees to all the specific terms and conditions related to Pay per Lead as outlined in Section 6 of these terms and conditions.
3.21 The Website has the right to terminate this Agreement and remove any Business Listing from the Website if any term of this Agreement or the Code of Conduct is breached.
Business Listings – Featured
4.1 All of the points in the above section related to free Business Listings apply equally to Featured Listings.
4.2 The Member may not apply for a Featured Listing on the Website without having the express authorisation of that business to do so.
4.3 Featured Listings offer additional benefits and features as outlined on the Packages page on the Website. These are subject to change from time to time.
4.4 Featured Listings require a monthly payment of fees to the Website. The fees for Featured Listings are as stated at the time of viewing on the Packages page on the Website and exclude additional local taxes including but not limited to valued added taxes or goods and services taxes.
4.5 Monthly payments for Featured Listings will continue to be charged to the Member by the Website on a monthly basis, until cancelled by the Member.
4.6 Payments for Featured Listings are made in advance for the following month.
4.7 The monthly payments for a Featured Listing will be shown as “The Digital Company” on your credit card statement.
4.8 Featured Listings will receive a free monthly credit equal to the value of their Featured Listing package less any discounts received, to use solely to purchase leads via the Pay per Lead Program. By purchasing a lead via the Pay per Lead Program the Member agrees to the specific terms and conditions related to Pay per Lead as outlined in Section 6 of these terms and conditions.
4.9 The Website will provide a refund of the first months Featured Listing payment for all new Featured Listing sign-ups if a Member is not happy with the service provided and this is claimed within 30 days of sign-up to a Featured Listing. This does not apply in any way to leads purchased via the Pay per Lead Program.
4.10 Featured Listings will be given priority in the search results and across all areas of the Website based on the amount and quality of information provided to the Website and the Featured Listing package they have signed up for. If all of this is equal, the search results will be randomised so there is thus no guarantee that a business listing will always appear first in a set of featured search results.
4.11 In relation to feeds from Facebook and Twitter shown on Featured Listings, the Website is not responsible for any changed or removed functionality due to changed terms and conditions from these providers.
4.12 All information provided by the Website or TDC in relation to potential increases in leads and visibility from Featured Listings are based on the average increases that have historically been achieved across all the businesses across all the TDC Websites. A Member should take into account that increases for individual businesses may vary significantly from the averages provided. The Website or TDC is not liable in any way if increases in leads and visibility are not realised from a Featured Listing.
4.13 The Member is responsible for paying and managing all taxes including national, state and local taxes applicable to their business and country.
4.14 A Featured Listing can be cancelled at any time. The effective cancellation date will be the day before the next payment is due, being one month after the previous payment date. The business will remain on the Website as a Featured Listing until the next payment date and no refunds will be made for the time period between being notified of cancellation and the next payment date.
4.15 The Website has the right to terminate this Agreement and remove any Featured Listing from the Website if monthly payments are not made or any term of this Agreement. Payments up to the termination date will remain due and payable by the Member.
Ratings and Reviews
5.1 The Member acknowledges that ratings and reviews are provided by independent third parties and not by the Website or TDC and as such that the views included in any ratings and reviews are solely those of the third party providing that rating and review, and as such any potential, actual or other damages or liabilities whatsoever which may result in any way from any rating or review shall be between the Member and the aforesaid third party.
5.2 The Website and TDC accept no responsibility or liability for actions taken or not taken by any party with respect reliance on ratings and reviews and any liabilities or damages whether actual or envisaged which may arise as a result of any rating or review placed on the Website.
5.3 The Website or TDC is not liable in any way if a Visitor to the Website provides a negative review or in any way defames a Member listed on the Website.
5.4 The Member acknowledges that while the Website requires Visitors to the Website to create an account in order to provide rating and reviews, it may not always be possible to physically identify or contact the aforesaid Visitor if they have provided false or incorrect information or the information they have provided has changed and they have not updated their account details and as such that in certain circumstances we may be unaware which of the above scenarios has occurred.
5.5 The Member agrees to review, report or respond to ratings and reviews as appropriate that are posted on the Website to ensure a fair and reasonable view of your business and its products and services is presented and maintained at all times. The Member agrees that all such responses shall be in a professional manner and in accordance with the Ratings and Reviews Guidelines as outlined on this Website.
5.6 When a new rating or review is received, the Website will email the Member at the email address we have stored in the system. It is the Members responsibility to ensure the email address the Website has in the system is correct and up to date and that these emails are not being missed by being placed into an alternate folder or inbox by your email software which may result in them being delayed or missed, and that the Member actively and regularly reviews these emails and actions them.
5.7 The Member acknowledges that ratings and reviews from Visitors to the Website and any responses provided by the Member are provided to the Website with a perpetual, irrevocable, transferable, royalty free licence (including rights to sub license) to use, reproduce and republish in any media or format without restriction.
5.8 The Member agrees:
5.8.1 Not to post ratings and reviews about their own or a related parties business.
5.8.2 Not to post fake ratings and reviews about competitors.
5.8.3 Not to influence or encourage rating and reviews by anyone about their business, products or services who has not experienced or used them.
5.8.4 Not to influence or encourage friends and family to post rating and reviews without disclosure.
5.8.5 Not to influence, encourage or pay for rating and reviews by third parties on behalf of yourself or your friends and family.
5.9 The Member agrees to contact us immediately should they believe a rating or review is incorrect, fake or misleading using the contact information on our site.
Pay per Lead Program
6.1 Any Member purchasing a lead via the Pay per Lead Program agrees to all the specific terms and conditions related to Pay per Lead included in this section.
6.2 The Website facilitates the process of matching businesses listed with potential customers through our Pay per Lead program, which includes both potential customers requesting a service or requesting a booking.
6.3 All business listed on the Website can participate at their own discretion with no monthly or set-up costs. Business choosing not to participate can either ignore the lead opportunities sent to them or turn off the lead notifications in their Members area.
6.4 The Member agrees that should they choose to purchase leads through the Pay per Lead program, they will be required to pay for each lead purchased and will need to add their credit card details into the Members area in order to pay for leads. Featured Listings will receive a free credit to purchase leads, see below for more details.
6.5 As lead opportunities are received, Members can bid on these leads. The opportunity to bid on leads will remain open for up to twenty-four (24) hours or a minimum of one (1) business day from the time the lead is first sent. If no bids are received, this time may be extended by another twenty-four (24) hours or a minimum of one (1) business day.
6.6 All bid amounts exclude additional local taxes including but not limited to valued added taxes or goods and services taxes.
6.7 The contact details for each lead will only be provided by the Website to the highest three (3) bidders.
6.8 Should the Members bid be successful, the Member will receive the lead contact details and be required to pay the amount of their bid plus any applicable taxes.
6.9 Should the Member bid not be successful, the Member will not be required to pay for the lead and will not receive the lead contact details.
6.10 The Member agrees that the Website may sell the lead contact information to up to three (3) businesses.
6.11 The Member agrees and accepts that as part of the Pay per Lead Program, they are purchasing the lead contact information and are not purchasing an already converted customer. It is the sole responsibility of the Member to convert the lead to a customer for their business.
6.12 Members understand and agree that while TDC makes every effort to collect enough information to support the lead purchase decision via questions, that levels of information provided as well as the accuracy of information provided may vary and that they should base their decision to bid and the amount to bid on the information provided by the potential customer.
6.13 It is the sole responsibility and decision of the Member or the authorised Members representative whether to bid on any given lead and the value to bid on any lead.
6.14 It is the responsibility of the Member to manage their monthly investment in leads provided by the Website and decide on how much they can afford to spend on leads.
6.15 The Website has a minimum bid value for each lead to cover administration and processing fees.
6.16 It is the sole responsibility of the Member to provide sufficient and accurate information about their business, services, availability and pricing as well as communicate this and any additional information in line with the Website Terms and Conditions to potential customers, thus allowing a potential customer to make an informed decision in assessing which business to select when contacted as a result of the Pay per Lead program.
6.17 The Member agrees and accepts that the lowest price or best quote may not always be selected by the potential customer and the Website takes no part in this selection process.
6.18 All details, terms, quotes and agreements are between the Member and the potential customer and do not involve or implicate the Website in any way whatsoever.
6.19 The Member agrees to respond to any leads purchased in a timeous, polite and professional manner.
6.20 The Member agrees not to store longer than required or reuse the information provided by the Pay per Lead Program for any purpose whatsoever, other than related to the specific request provided and shall comply with relevant Privacy Laws in this regard.
6.21 The number of leads a Member may or may not receive is dependent on numerous factors beyond the control of the Website and as such the Website makes no guarantees or warranties with respect to the number of leads that may be received on a monthly basis, and in addition takes no responsibility where insufficient leads are sent to a Member and as a result where they have a Featured Listing credit, this credit is unable to be used in part or in full.
6.22 In certain circumstances, where certain criteria are not met, the Website may not be able to offer the Visitor an ability to Request a Service or a Booking and in these circumstances, no leads will be offered to Members for purchase.
6.23 Featured Listings will receive a free monthly credit equal to the value of their Featured Listing package less any discounts received, to use solely to purchase leads via the Pay per Lead Program. This credit is for use during that month only and any unused credit will not roll over to the next month. In this case, a month means the monthly period of the particular Featured Listing package, which can start and end anytime in a calendar month.
6.24 Members with Featured Listings agree to pay the Website for the amount of leads purchased in excess of the monthly credit. This amount will be charged to the credit card provided by the Member.
6.25 For Business Listings that are not Featured Listings, the total amount of leads purchased during a month will be invoiced by the Website once per month at month end and the Member authorises the Website to deduct the total amount of the invoice from the credit card details provided by the Member on a monthly basis.
6.26 For Featured Listings, the total amount of leads purchased during a month less any applicable Featured Listing credit will be invoiced monthly at the time of the Featured Listing renewal by the Website and the Member authorises the Website to deduct the total amount of the invoice from the credit card details provided by the Member on a monthly basis.
6.27 Payments for leads will appear under the “The Digital Company” name on credit card statements.
6.28 Should payment not be received for whatever reason; the Member will be notified using the contact details provided to the Website by the Member and no further leads will be provided until any outstanding amounts have been paid in full.
6.29 Should amounts remain unpaid, the Website retains the right to suspend the Business Listing indefinitely until all outstanding amounts are paid in full.
6.30 To the extent that Website is required to engage a collection agency or initiate legal proceedings to collect any amounts outstanding, the Member agrees to pay for all costs (including legal fees) associated with the collection of any amounts owed.
6.31 To ensure proper and timely payment, the Member agrees to maintain an accurate address, other contact information and credit card information with the Website at all times
6.32 The Member agrees and accepts that any fees incurred by a Member for purchasing leads are non-refundable.
6.33 Refunds for leads purchased may be provided in the following circumstances at the discretion of the Website:
6.33.1 Where the lead contact information provided is incorrect and it is not possible to contact the lead or where the lead information provided is intentionally misleading or materially incorrect and the lead is purchased by a Member in good faith
6.33.2 The claim for a refund is made within seven (7) days of the lead being purchased
6.33.3 Evidence can be provided of an attempt to contact the lead from the contact information provided and that this has not been possible or evidence can be provided that the lead information is intentionally misleading or materially incorrect.
6.34 The Website will investigate all evidence provided and come to a conclusion if a refund will be provided. Where the Website is satisfied that the conditions have been met for a refund the following will apply:
6.34.1 Where the lead was fully paid for in cash by the Member, the full cash amount will be refunded.
6.34.2 Where the lead has not yet been paid for, the amount owing per the Member account will be reduced by the value of the lead.
6.34.3 Where the lead was paid for out of a Featured Listing credit and cash, the cash portion will be refunded and the credit portion will be removed from the Member account.
6.35 Refunds will only be credited back to the credit card used to pay for the lead.
7.1 Online bookings made by a Visitor to the Website (a Customer) are provided and processed by the Website and TDC in conjunction with third party booking software providers and third party payment gateways (the Online Booking System).
7.2 A Member providing online bookings on the Website agrees to add sufficient and accurate information about their business, services, availability and pricing to allow a Visitor to the Website to make informed decisions to book and pay for a service.
7.3 All content provided by the Member in any part of the Online Booking System must abide by the terms as outlined in this Agreement.
7.4 By setting up online bookings on the Website, the Member agrees to provide the stated services at the stated time, date and price provided agreed.
7.5 By setting up online bookings on the Website, the Member authorises the Website and TDC to act as their authorised agent to take online bookings and payments for the services listed by the Member on the Website.
7.6 The Member agrees that all prices included on the Website and in the Online Booking System are the final price and not a partial price and are listed inclusive of GST.
7.7 The Member agrees to keep the online booking diary up to date at all times including services, availability resourcing, pricing and any other information required. The Member is responsible for ensuring that all information included in the online booking portal is correct and up to date and understands that bookings made where this is not the case may result in loss to the Customer, adverse ratings and reviews and the need to pay a refund plus an administration fee to the Customer or the Website.
7.9 The Member agrees that the Website can deduct an agents commission from the price specified for the service of twenty five percent (25%) of the service and pay the Member the net amount excluding commission, for full delivery of the specified service. The Website will not charge any fixed fee for the processing of these bookings.
7.10 The Member agrees that where the price for a service booked is lower than twenty dollars ($20) but higher than five dollars ($5) the Member agrees to pay TDC a flat booking fee of $5, which will be deducted from the amount payable to the Member.
7.11 The Member agrees that where the price for a service booked is lower than five dollars ($5) the Member agrees to pay TDC a flat booking fee of $5 + any credit card processing fees. The amount received from the Customer will be retained by TDC and the Member will be billed for the difference between the amount received from the Customer and the total of $5 + credit card processing fees. Failure to pay may result in removal from the Website and reporting to credit agencies.
7.12 The Member agrees that they are contractually bound to deliver the service at the time and place of the online booking made through the Online Booking System.
7.13 As part of the booking set up process the Member agrees to specify a time period prior to the service being delivered, in which a booking can be cancelled, amended or changed by a Customer, to be known as the Cancellation Period, and to specify a time period prior to the service being delivered, in which a booking cannot be cancelled, amended or changed by a Customer, to be known as the No Cancellation Period. In the Nabooki system, the No Cancellation Period is known as the Allowable Cancellation Time.
7.14 The Member acknowledges that changes to the Cancellation Period can impact on the timing for payments for bookings and agrees to inform the Website at least 48 hours prior to making these changes so they can be managed and adjusted for. Where no notice is given, the Website reserves the right to review the impact of changes and manage these at their sole discretion.
7.15 Should the Member need to cancel or change a booking for any reason the Member agrees to contact the Customer and offer alternate options for delivery of the service. If a time and date cannot be agreed with the Customer, and the Member has cancelled the booking before the end of the Cancellation Period, through the Online Booking System, then TDC will refund the customer in full and the Member will need to refund the TDC for any credit card processing fees and bank charges incurred in taking the booking and making the refund. If a Member cancels a booking during the No Cancellation Period they will need to deal with customers directly and refund any monies due directly to the customer, and any commissions retained by the Website will not be refunded by the Website to the Member.
7.16 TDC will make the payment to the Member once the Cancellation Period has passed and the payment for the services from the Customer has been received and cleared by our bank. Payments will appear on your statement as “The Digital Company”.
7.17 The Member agrees that once the Member receives payment from the Website or TDC for a booking, the relevant debt will be extinguished and the Customer making the booking will not be required to pay anything in addition to what was paid at the time of booking for the service specified.
7.18 The Website recommends the Member uses the default 48 hour No Cancellation Period to increase the likelihood of receiving payment from the Website prior to the service needing to be delivered by the Member. By setting a No Cancellation Period that is less than 48 hours means the money might not have been processed and paid to the Member before the service is due to be delivered.
7.19 Where a Customer wants to change or cancel the service booked, the Member agrees:
7.19.1 That Customers who have booked and paid have the right to cancel any booking during the Cancellation Period and will be refunded in full by TDC less a credit card and admin processing fee.
7.19.2 That Customers who have booked and paid have the right to change or amend any booking during the Cancellation Period for no fee.
7.19.3 To manage and resolve all changes and cancellations to bookings directly with Customers during the No Cancellation Period. The Website and TDC have no liability to the Business or the Customer for any cancellations and related refunds during the No Cancellation Period.
7.19.4 Once the Cancellation Period has passed, no refund of the commission retained will be made by the Website or TDC to the Member for any reason.
7.20 The Member agrees to refund the Website for any losses that the Website may incur as a result of the Website refunding a Customer for a booking that was not delivered by the Member to the Customer, for any reason.
7.21 The Member agrees not to take any action that will result in the Website or TDC not receiving a commission. Should this occur, the Member agrees to compensate the Website or TDC for any and all associated losses, and the Website and TDC reserves the right to remove the business listing of the Member from the Website and the Online Booking System.
7.22 The Member agrees to request any medical or health information required from Customers prior to delivering services to ensure they are cleared to attend and receive the services booked.
7.24 The Website or TDC is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of the Member accessing and using any third party booking software provider or third party payment gateway.
7.25 The Member acknowledges that due to the large number of third party booking software providers that the Website and TDC may not be able to integrate either partially or fully with every booking provider.
7.26 Where a Member sets up a separate account with a third party booking software provider and wants to cancel this account, the member acknowledges that the Website and the booking software providers are separate entities and will need to cancel each account individually.
Membership of Professional or Industry Associations
8.1 Where a Member of the Website is a member or is affiliated with a relevant professional, industry or similar association, the Member must at all times ensure that their listing information, business details and all content of any nature submitted to the Website complies with the rules and regulations of that specific association.
8.2 The Website may from time to time request proof of membership to include a Member in a certain category on the Website.
8.3 Where a Member breaches these terms, they shall be held liable for any penalties incurred by the Website or TDC as a result of such breach.
Most Popular Awards
9.1 The Most Popular Awards for Members are determined by various criteria, including the levels of visits, engagement and positive ratings and reviews received by a Member from the Visitors to the Website in a calendar year compared to their local business competitors.
9.2 As the rankings are determined by data derived from Visitors to the Website, the Website or TDC takes no responsibility for the order of the most popular rankings, their accuracy, or inclusion or exclusion of businesses from the Most Popular Award rankings.
9.3 The Website or TDC does not accept any forms of reward or remuneration for these Awards.
9.4 The Website will not enter into any form of negotiation to alter or change the results, unless clear errors have occurred or specific requests are received to remove a listing.
Copyright and Intellectual Property
10.1 The Website and TDC retains copyright in all materials, content, information, tools, documents, processes and files provided on the Website. Everything contained in the Website and everything required to operate the Website is protected by copyright and intellectual property laws and as such, unauthorised use of these will violate such laws and the terms of usage.
10.2 The Website or TDC do not grant any express or implied rights to use the property of the Website for any purposes other than specified. If in doubt contact us to discuss.
10.3 The Member agrees not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works from anything contained in or required to operate the Website including but not limited to Website code, offers, listings, products, functionality, features, content or services.
Limitation of Liability
11.1 The Website or TDC is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a the Member accessing and using the Website, listing their business as a Free or Featured Listing, purchasing or converting a lead via the Pay per Lead program or taking online bookings.
11.2 The Member hereby indemnifies and holds harmless the Website and TDC and its directors, officers, employees, partners and agents from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by them, resulting from a Member accessing and using the Website, listing their business as a Free or Featured Listing, using the Pay per Lead program or taking online bookings.