Terms of Use - Bookings

  1. General Terms

    1. 1.1 These are the contractual Terms and Conditions (the Agreement) related to a Visitor to ActiveActivities (the Website) making, paying and managing online bookings with Businesses listed (the Businesses) on the Website.
    2. 1.2 The Website is owned and operated by The Digital Company Pty Limited (TDC). Click here for more information on TDC.
    3. 1.3 You acknowledge that you have read and agree to be bound by these Terms and Conditions at all times when using the Website for making and paying for bookings.
    4. 1.4 You acknowledge that you 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 course of this Agreement.
    5. 1.5 Your use of this Website and these Terms and Conditions are governed by the laws of New South Wales, Australia.
    6. 1.6 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.
    7. 1.7 TDC reserves the right to change any or all of our Terms and Conditions by publishing the new Terms and Conditions on this Website without specific notice to you. We thus recommend you check back on a regular basis for changes. Your usage of any part of the Websites will be subject to the most current version of these Terms and Conditions.
    8. 1.8 Should you have any questions or feedback relating to these Terms and Conditions, please contact us using the contact information on the Website and we will be happy to help.
    9. 1.9 You acknowledge you are over sixteen (16) years of age.
  2. Commercial Relationship

    1. 2.1 You acknowledge the Website facilitates and processes the online bookings of services using a combination of the Website, TDC, third party booking software providers and third party payment gateways.
    2. 2.2 You acknowledge that the services listed on the Website for online bookings are provided by the Businesses who have activated online bookings. Any services booked by you through the Website are provided by the Businesses and not by the Website or TDC and thus the responsibility for delivering these services in accordance with any specifications or information provided on the Website or elsewhere, as well as any liability in respect of these services lies with the Businesses and not with the Website or TDC. The Website or TDC does not recommend or endorse any of the Businesses listed on Website.
    3. 2.3 You acknowledge that the Website and TDC are responsible only for facilitating the booking of services and acts only as an authorised agent on behalf of the Businesses listed on the Website. When you pay for a service, this payment will be collected by the Website and TDC as the authorised agents on behalf of the Businesses. The money collected will be paid to the Businesses delivering the service less an agreed commission and this payment will extinguish your debt to that Business for the service booked by you.
    4. 2.4 You acknowledge that when booking and paying for a service on the website, two legal and commercial contracts are created:
      1. 2.4.1 The first contract is between you and the Website to facilitate the booking, based on these terms and conditions and any applicable terms provided by our booking partner.
      2. 2.4.2 The second contract is between you and the relevant Business, for the Business to supply the specified services on the date and time agreed, and in accordance with the Website Business Terms and Conditions as well as any terms and conditions provided by the Business and for you to attend the service booking at the time and place booked.
    5. 2.5 You agree it is your sole responsibility to ensure that the services being offered and then booked by you are appropriate to all your needs in all ways. For more information about reliance on information and content provided by Businesses listed on the Website please read the Terms of Use published on the Website.
    6. 2.6 You agree it is your sole responsibility to ensure that you are available at the time and date of the booking before making any payment for the booking.
    7. 2.7 You agree all services provided by the Businesses listed on Website are subject to availability as set by the Businesses.
    8. 2.8 As a consumer, you have legal rights in relation to services not delivered as described. Nothing in these terms prohibit your rights in this regard.
  3. Pricing and Payment

    1. 3.1 You agree to pay for all services in full when booking at the prices specified by the Business on the Website. Once payment is received in full from you this will discharge your debt to the Business providing the service.
    2. 3.2 You understand that payments are processed through a third party payment gateway and as such we cannot guarantee its availability or performance and your payment and financial details will be subject to their terms and conditions. Payments will appear on your statement as “The Digital Company”.
    3. 3.3 You acknowledge that all prices on the Website include GST, unless stated otherwise.
    4. 3.4 You acknowledge that pricing is provided by the Businesses listed on Website and as such the Website and TDC cannot be responsible if these are incorrect.
    5. 3.5 You confirm that you are using a valid credit card and are authorised to use the credit card for any payments regarding bookings on the Website. Unauthorised use of a credit card will not be grounds for a refund.
    6. 3.6 You agree that once the service has been received you will do nothing to try and obtain a refund from the Business, the Website, TDC or your credit card company.
    7. 3.7 You agree that should a payment be stopped, rejected or reversed at any stage after the delivery of the service that you will be liable to TDC to repay this amount in full and that additional fees and charges may apply.
  4. Changes and Cancellations

    1. 4.1 When booking a service, you agree to abide by the Cancellation Policy set by the Business which determines how long before a booking date and time, the booking can be amended, changed or cancelled.
    2. 4.2 You can amend or change your booking at any time prior to the start of the no cancellation period as defined by the Business (the No Cancellation Period), at no additional cost.
    3. 4.3 You can cancel your booking at any time before the start of the No Cancellation Period and the Website will refund the full amount paid less a credit card processing and administration fee of 2.5%.
    4. 4.4 You acknowledge that the No Cancellation Period is set by default to 48 (forty eight) hours prior to the service being provided, however Businesses have the option to change this to a longer or shorter period, and that it is your responsibility to establish the specific No Cancellation Period for each booking you make to understand your rights with respect to changing or cancelling your booking, prior to finalising your booking. This information is included in the Cancellation Policy when making payment.
    5. 4.5 Once the No Cancellation Period starts, the Business will be paid for the service to be provided.
    6. 4.6 You acknowledge that during and after the No Cancellation Period you will need to deal directly with the Business providing the service should you need to amend, change or cancel the service purchased and any refund or other arrangements will be at their discretion, and that no refunds will be made by the Website or TDC.
    7. 4.7 You agree that no refunds will be provided once the service has been delivered by the Business.
    8. 4.8 You agree that it is fraudulent and against the terms of this Website for any user to intentionally cancel any booking already paid for and then pay the same business they booked with or a related third party or associate for what is effectively the same or similar service at any time in the future. The Website and TDC will retain the right to any commission on the booking and reserve the right to recover this commission from the individual or organisation who made the booking should this occur.
    9. 4.9 We reserve the right to cancel any bookings made by you and remove your access to the Website where we reasonably suspect any illegal activities or activities contrary to these Terms and Conditions by you or someone using your account.
    10. 4.10 In certain cases a Business on the Website may need to change a booking that has been made by you. If the Business needs to cancel or change the booking for any reason the Business agrees to contact you and offer alternate options for delivery of the service. If a time and date cannot be agreed with you then the Business will provide a full refund of the payment received.
  5. Dispute Resolution

    1. 5.1 As responsibility for delivery lies with the Business, should your experience with a Business not match up to the Business listing information or service or product description or you are unhappy with the service in any way, you agree to contact the Business directly and try to resolve any issues.
    2. 5.2 If this does not resolve the issue, then you agree to correspond with the Business in writing, providing as much detail as possible.
    3. 5.3 If you cannot resolve the matter with the Business direct, please contact us and provide as much detail as possible along with any relevant correspondence. We will then investigate the matter.
  6. Guarantee

    1. 6.1 We will refund the amount you paid for your booking if you have booked a service and the business did not provide that service. This refund is subject to the terms outlined below:
      1. 6.1.1 You never received a service in relation to the booking made.
      2. 6.1.2You have tried to reschedule your booking and no other booking time or alternative service has been agreed or provided.
      3. 6.1.3 You have not received a refund from the business for the booking made.
      4. 6.1.4 You and the business have tried to resolve the non-delivery of the service and the business will not refund your payment. You will need to provide correspondence between you and the business to this effect.
      5. 6.1.5 You have not made a claim nor will you make a claim from your credit card company in relation to the service that has not been delivered.
      6. 6.1.6 The amount must be claimed within 14 days of the original booking.
    2. 6.2 This guarantee does not apply to any partially delivered services or if the services did not meet your needs or expectations. These issues should be resolved directly with the Business providing the service.
  7. Warranties and Limitation of Liability

    1. 7.1 The Website and TDC is not responsible for any loss, damages, costs or expenses or any other claims which may occur as a result of you using, relying on or accessing any part the Website or making and paying for any online bookings.
    2. 7.2 The Website and TDC are not responsible for any loss, damages, costs or expenses or any other claims which may occur as a result of making and paying for online bookings through any third party booking software provider or third party payment gateway.
    3. 7.3 You hereby indemnify and hold harmless the Website and TDC, and its directors, officers, employees and partners from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by you, resulting from you using or accessing the Website or making or paying for an online booking through the Website.
    4. 7.4 The Website and TDC make no warranties around the quality or the appropriateness of the Businesses providing online bookings or their associated services, products or activities and are thus not responsible for any loss, damages, costs or expenses or any other claims related to online bookings or the associated services and products.