- 1.1 These are the contractual Terms and Conditions (the Agreement) related to any business or individual creating or claiming a free or featured 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
- 2.1.6 That you are creating this account as an operating business that provides products and services to customers on a commercial basis and not as an individual.
- 2.1.7 Should a Visitor request that we delete their information in accordance with privacy regulations, where this information was previously available in your business Member Account, this may no longer be the case.
- 2.1 By creating a Member Account on the Website you agree to the following terms:
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, events, 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 solely and 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, experienced and qualified 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 , 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.
- 3.21 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.
- 4.9 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.
- 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.
- 7.1 A Member can request to add a booking widget or a link to a booking widget to their Business Listing, if allowed by their Featured Listing package.
- 7.2 The Member is responsible for managing the complete end to end booking process including but not limited to types of services provided, availability, pricing, changes, cancellations, payments and refunds.
- 7.3 TDC is only responsible for adding the booking widget or link to the relevant Business Listing.
- 7.4 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.
- 7.5 All content provided by the Member in any part of the Online Booking System must abide by the terms as outlined in this Agreement.
- 7.6 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.
- 7.7 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.
- 7.8 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 related to online bookings is correct and up to date.
- 7.10 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.
- 7.11 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 providing access to their booking systems and visitors to the Website making online bookings.
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.
- 8.4 The Website reserves the right to reject any request to participate in the Association Program.
- 8.5 As part of the Association Program, associations can earn 15% off the list price (before GST) of each of their members’ upgrade. This includes upgrades to any of the featured packages advertised on the Website.
- 8.6 To be eligible for this 15% revenue share, associations must prove the upgraded business is an active member of their association and ensure their members upgrade their listing using the discount code provided to the association by the Website. The Website will contact the association to arrange the payment of the total revenue generated at the end of each month.
- 8.7 Association members can only receive a 15% discount for any package upgrade if they are proven to be members of the association and if they use the discount code provided to their association by the Website.
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 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 or taking online bookings.
Date Update: 11-09-2020 10:56 am