Terms and Conditions

 

  1. General Terms
    1. 1.1   These are the contractual Terms and Conditions (the Agreement) related to any business or individual creating or claiming a listing (the Member) on ActiveActivities (the Website).
    2. 1.2   The Website is owned and operated by The Digital Company (TDC). Click here for more information on TDC.
    3. 1.3   The Member acknowledges that they have read and agree to be bound by the Terms of Use and Privacy Policy published on the Website, at all times, when using the Website and during the term of this Agreement.
    4. 1.4   The Members use of this Website and these Terms and Conditions are governed by the laws of New South Wales, Australia.
    5. 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.
    6. 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.
    7. 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. Members Accounts
    1. 2.1   By creating a Member Account on the Website you agree to the following terms:
      • That you will at all times abide by these Terms and Conditions
      • That you will keep your username and password by which you access the Members Area confidential and secure at all times
      • That you accept all liability for any unauthorised use of any username and password issued
      • That you will provide accurate and up to date contact information and email address
      • That you are at least 16 (sixteen) years old

     
  3. Business Listings - Free
    1. 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.
    2. 3.2   The Member must not create, add, amend or update a Business Listing or related content on the Website without the express authorisation of that business to do so.
    3. 3.3   The Member agrees that all content submitted to the Website by them or on their behalf, belongs to the Member and should not breach any law or legal requirement.
    4. 3.4   The Member acknowledges that all content added to a Business Listing on the Website must:
      • Be accurate, on-topic and complete
      • Not be misleading or deceptive or likely to be misleading or deceptive
      • 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
      • Not be of a nature to bring the Website or TDC into disrepute
      • Comply with all relevant country, state and local regulations, laws and standards and all industry rules and regulations
      • Be allocated to the correct categories and locations
    5. 3.5   The Member acknowledges that they have read and agree to be bound by the terms related to Website Content as outlined in the Terms of Use on this Website.
    6. 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.
    7. 3.7   The Member is responsible for keeping their Business Listing up to date with new and relevant information.
    8. 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.
    9. 3.9   The Member agrees that all content submitted to the Website must be suitable for use 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.
    10. 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.
    11. 3.11   The Member agrees and certifies that are professionally competent to deliver the services and products listed on the Website.
    12. 3.12   The Member agrees that where categories exist on the Website which might be limited to professionals holding certain qualifications only, that they will not hold themselves out as holding that qualification in any content submitted and also not attempt to list their business in one of these categories.
    13. 3.13   The Member confirms that they have all the necessary insurances in place with respect to the services and products that they offer and the business that they operate.
    14. 3.14   The Website has the sole discretion to decide which businesses it will allow to list on the Website.
    15. 3.15   The Website has the right to remove or amend any Business Listing or content provided, for any reason at any time, at the sole discretion of the Website, without the need to provide an explanation and without any damages applying.
    16. 3.16   The Website reserves the right to amend any features, benefits and prices of Business Listings provided by the Website at any time, without the need to provide notice and without any damages applying.
    17. 3.17   The Member authorises and consents to the Website contacting them for the purposes of managing their account, website upgrades, new features and functionality, special offers and any marketing and promotions by the Website or its partners.

     
  4. Business Listings – Featured
    1. 4.1   All of the points in the above section related to free Business Listings apply equally to Featured Listings.
    2. 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.
    3. 4.3   Featured Listings offer additional benefits and features as outlined on the Packages page on the Website.
    4. 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 include any valued added taxes or goods and services taxes (GST).
    5. 4.5   The Member is responsible for paying and managing all taxes including national, state and local taxes applicable to their business and country.
    6. 4.6   Payments for Featured Listings are made in advance for the following month.
    7. 4.7   All Featured Listings will be continue and be charged to the business on a monthly basis, until cancelled in writing by the Member.
    8. 4.8   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.
    9. 4.9   The Website has the right to terminate the Agreement and remove any Featured Listing from the Website if monthly payments are not made or any term of this Agreement is breached. Payments up to the termination date will remain due and payable by the Member.
    10. 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.
    11. 4.11   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.
    12. 4.12   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.

     
  5. Ratings and Reviews
    1. 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.
    2. 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.
    3. 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.
    4. 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. 5.5   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.
    6. 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.
    7. 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.
    8. 5.8   The Member agrees:
      • Not to post ratings and reviews about their business.
      • Not to post fake ratings and reviews about competitors.
      • Not to influence or encourage rating and reviews by anyone about their business, products or services who has not experienced or used them.
      • Not to influence or encourage friends and family to post rating and reviews without disclosure.
      • Not to influence, encourage or pay for rating and reviews by third parties on behalf of yourself or your friends and family.
    9. 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.

     
  6. Online Bookings
    1. 6.1   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).
    2. 6.2   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.
    3. 6.3   All content provided by the Member in any part of the Online Booking System must abide by the terms as outlined in this Agreement.
    4. 6.4   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.
    5. 6.5   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.
    6. 6.6   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. 6.7   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.
    8. 6.8   The Member agrees to maintain their own terms and conditions and privacy policy relating to the services they provide and ensure that Customers are aware of these. The Member agrees that their terms and conditions shall not be in conflict with the Website terms and conditions, and if they are, that they agree to abide by the Website terms and conditions.
    9. 6.9   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.
    10. 6.10   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.
    11. 6.11   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.
    12. 6.12   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
    13. 6.13   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 Naked Bookings system, the No Cancellation Period is known as the Allowable Cancellation Time.
    14. 6.14   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.
    15. 6.15   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.
    16. 6.16   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.
    17. 6.17   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.
    18. 6.18     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.
    19. 6.19   Where a Customer wants to change or cancel the service booked, the Member agrees:
      • 6.19.1   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.
      • 6.19.2   That Customers who have booked and paid have the right to change or amend any booking during the Cancellation Period for no fee.
      • 6.19.3   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.
      • 6.19.4   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.
    20. 6.20   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.
    21. 6.21   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.
    22. 6.22   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.
    23. 6.23   The Member acknowledges that the Website and TDC use third party booking software providers to provide the online bookings through the Website. These partners are separate legal entities from the Website and TDC and the Member needs to assess the commercial terms, set up an account and agree to the relevant terms and conditions and privacy policy before entering into any agreement with a with third party booking software provider.
    24. 6.24   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.
    25. 6.25   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.
    26. 6.26   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.

     
  7. Membership of Professional or Industry Associations
    1. 7.1   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.
    2. 7.2   The Website may from time to time request proof of membership to include a Member in a certain category on the Website.
    3. 7.3   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.

     
  8. Most Popular Awards
    1. 8.1   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.
    2. 8.2   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.
    3. 8.3   The Website or TDC does not accept any forms of reward or remuneration for these Awards.
    4. 8.4   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.

     
  9. Copyright and Intellectual Property
    1. 9.1   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.
    2. 9.2   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.
    3. 9.3   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.

     
  10. Limitation of Liability
    1. 10.1   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 or taking online bookings.
    2. 10.2   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 or taking online bookings.