Visitors -Terms of Use

1. General Terms

   1. 1.1 These are the contractual Terms of Use related to a Visitor to 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 If you use or access the Website in any way, provide any content or information to any part of the Website, request a service or booking or make an online booking though the Website, then you agree to be bound by these Terms of Use and the Privacy Policy published on the Website.
   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 of Use are governed by the laws of New South Wales, Australia.
   6. 1.6 If any clause of these Terms of Use 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.
   7. 1.7 TDC reserves the right to change any or all of our Terms of Use by publishing the new Terms of Use on this Website and without specific notice to you. We thus recommend you check back on a regular basis for changes. Your usage of any part of the Website will be subject to the most current version of these Terms of Use.
   8. 1.8 If you have a business account set up on the Website, please click here for the additional terms and conditions applicable to your account.
   9. 1.9 Should you have any questions or feedback relating to these Terms of Use, please contact us using the contact information on the Website and we will be happy to help.
   10. 1.10 You acknowledge you are over sixteen (16) years of age.

2. Restrictions on use of the Website

   1. 2.1 In accessing or using our Website you agree that you will not:
      1. 2.1.1 Copy any content or information of any nature from the Website using a scraper, spider, robot or any other means whether automated or not, for any purpose whatsoever without the prior written consent of the Website.
      2. 2.1.2 Embed, frame or insert any portion of the Website into another website page or digital property without the prior written consent of the Website.
      3. 2.1.3 Disrupt or interfere with the security or otherwise cause harm to the Website, it’s servers or networks connected or accessible through, system resources, passwords, accounts of the Website or its partners, or do anything which would impose an unreasonable load on our infrastructure.
      4. 2.1.4 Post or otherwise transmit or attempt to transmit any harmful or destructive files on the Website including computer viruses, worms, defects, trojan horses or other items of a destructive nature
      5. 2.1.5 Create a false identity or attempt to use another users account, password, system or service.
      6. 2.1.6 Provide false, incorrect or misleading information to the Website with the intent to deceive or otherwise mislead either the Website, businesses listed on the Website or Website visitors.
      7. 2.1.7 Use any device, software, process or means to interfere or attempt to interfere with the proper workings of the Website.
      8. 2.1.8 Undertake any action that imposes a burden or makes excessive traffic demands on our Website infrastructure that we deem to be unreasonable or disproportionate site usage.
      9. 2.1.9 Use the Website or any content or other information received from the Website in any manner which is contrary to these terms or in our sole discretion, not reasonable use and/or not for the purpose which it was intended.
      10. 2.1.10 Act in violation of any Term of Use or other condition posed by us or any applicable law.
      11. 2.1.11 Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right.
      12. 2.1.12 Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any Website Content or information, except as expressly authorised by us.
   2. 2.2 The Website reserves the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

3. Website Content

   1. 3.1 By submitting any content or information including but not limited to, descriptions, information, contact information, images, rich media, ratings, reviews, representations, articles, statements or comments of any nature (the Website Content) to the Website, you agree:
      1. 3.1.1 To give the Website and TDC a world-wide, nonexclusive, royalty free, perpetual, transferable and irrevocable license to reproduce, communicate, change, duplicate, adapt, distribute, publish or otherwise use that Website Content on the Website, other TDC Websites, related media and on any other platform.
      2. 3.1.2 That all the Website Content submitted to the Websites is accurate, not confidential in nature and is owned by you.
   2. 3.2 You agree not to submit, any of the following to the Website:
      1. 3.2.1 Any content or information of any type or nature which is incorrect or intentionally misleading.
      2. 3.2.2 Any content or information of any type or nature, which is illegal, may promote illegal behaviour or intent, misleading, libellous, defamatory, racist, promotes hatred, promotes physical harm in any way, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable.
      3. 3.2.3 Any content or information of any type or nature which would constitute, encourage or promote instructions relating to any matters mentioned above.
      4. 3.2.4 Any content or information of any type or nature which may violate the rights of any party, including patent and/ or trademarks, trade secrets, copyright or other intellectual property rights.
      5. 3.2.5 Any private information of any third party, including without limitation surname or family name, home address, personal email address, private telephone numbers including mobile numbers, credit card numbers, car registration details or position within the organisation.
      6. 3.2.6 Content or information of any type or nature that attempts to impersonate or misrepresent an affiliation with a third party, including the Website.
      7. 3.2.7 Unsolicited promotions, spam, advertising, political campaigning, competitions, links unrelated to the content and purely for the purposes of traffic.
      8. 3.2.8 Content containing commercial activities, including coupons, specials, advertising or any related activities without the prior written consent of the Website.
      9. 3.2.9 Links to content what may violate the sub sections above.
   3. 3.3 The Website and TDC take no responsibility and accepts no liability whatsoever for any Website Content, uploaded by you to the Website, or for any loss or damage to any person or business, as a result, including mistakes, libel, slander, defamation, obscenity, pornography, profanity, omissions or falsehoods.
   4. 3.4 The Website and TDC do not and are under no obligation to review, monitor, check, verify, edit or inquire about any Website Content or information provided by website Visitors.
   5. 3.5 The Website and TDC is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Website Content. You rely on Website Content completely at your own risk.
   6. 3.6 The Website Content does not represent the views of the Website or TDC.
   7. 3.7 You hereby consent to give the Website or TDC the right to remove, edit or screen without notice Website Content of any form and nature, at any time and for any reason whatsoever at our discretion.
   8. 3.8 You are solely responsible for any backup copies required of your Website Content and replacing any content you have submitted at your sole cost and expense.
   9. 3.9 The Website or TDC bears no responsibility or liability for the outcomes of altered or removed Website Content.
   10. 3.10 Should these Terms of Use not be adhered to with respect to Website Content, your rights of use of any part of the Website may be withdrawn, terminated, deleted or edited at the sole discretion of the Website or TDC.
   11. 3.11 The Website and TDC reserve the right to share any and all Website Content with law enforcement agencies should this be required by law.
   12. 3.12 Website Content should not be regarded as a substitute for professional advice.
   13. 3.13 Should you discover or become aware of any incorrect, misleading or inappropriate information on the Website, please contact us and we will investigate and take action if appropriate.

4. Reliance on Business Listings on the Website

   1. 4.1 The Website contains content provided by the business listed on the Website (the Businesses) and publicly available information about businesses gathered from public sources. Whilst we endeavour to ensure this information is correct, we do not conduct detailed checks on all of this information and thus this information may be incorrect or become out of date over time.
   2. 4.2 You acknowledge that no physical verification of the content provided by the Business or the skills, experience and capability of the Businesses have been made in any way and as such we cannot vouch in any way for the Business, services or products provided or individuals involved in delivering these.
   3. 4.3 You acknowledge that all the content provided by the Business, including but not limited to descriptions, images, videos and illustrations, are for illustrative purposes only and the actual services or products may vary from what is depicted on Website. While we require the Businesses listed on Website to keep all listing information up to date and accurate and it is also their responsibility to do so, we cannot verify that all the information provided to us is accurate, complete, up to date or not misleading in anyway. If you are uncertain or have any questions you should contact the Business directly.
   4. 4.4 The decision around engaging and transacting with the Businesses is yours alone. The Website and TDC bear no responsibility, and you bear the full responsibility for choosing and assessing the suitability of the Businesses listed on the Website or any business which contact you because of your interaction on the Website. If in doubt you should contact a relevant professional to provide advice specific to your requirements.
   5. 4.5 You make your decision based on your own independent assessment of the Businesses listed on the Website, based on your specific requirements and the products and services they provide. You should assess the nature, value, validity, availability and applicability of the Businesses listed on the Website relative to your requirements and their geographic location. You should contact the Businesses directly and review their website and social media accounts to help you make your decision.
   6. 4.6 You agree to take sole responsibility for communicating any relevant medical or health related conditions prior to receiving a product or service so the Business can assess if it is right for you or the individual/s you are booking on behalf of, or whether the product or service may be affected in any way given the conditions you have described. If you fail to disclose any such information neither TDC, or the business delivering the service can be liable for any injury, loss or damages as a result, which would reasonably have been avoided if the information was disclosed.
   7. 4.7 We advise you to check all information in advance directly with the Businesses before traveling to their place of business, booking an activity, engaging their services or purchasing their products.
   8. 4.8 All financial transactions of any nature including online bookings should be confirmed and agreed between you and the Businesses. We advise you to confirm all circumstances and requirements (including but not limited to; scope, time, pricing and taxes, insurances, staffing, dates, deliverables and activities) prior to payment to the Businesses and ensure there is written or electronic confirmation from the Businesses covering all of the above.
   9. 4.9 You acknowledge that is the responsibility of the Business to carry the necessary insurances with respect to the services and products that they offer and the business that they operate. Should you have any concerns in this regard please contact them direct to assess if their insurance cover is appropriate to your needs.
   10. 4.10 The Websites integrate business listings with Google Maps to help you to view the location of Businesses in your local area. These locations should be considered as a guideline only, and the actual address confirmed with Businesses before travelling to their place of business, booking an activity, engaging their services or purchasing their products.
   11. 4.11 The Website and TDC do not represent or endorse any Business listed on the Website in any capacity and make no representations on their behalf.
   12. 4.12 You must be at least sixteen (16) years old in order to contact Businesses via the Website.

5. Visitor Accounts

   1. 5.1 Visitors agree that Visitor Accounts may be created by Visitors or the Website as a result of actions taken by Visitors on the Website. All such actions require an email address as a minimum requirement.
   2. 5.2 All Visitors Accounts on the Website are subject to the following terms:
      • That you will keep your username and password by which you access the Visitors Area confidential and secure at all times.
      • That you accept all liability for any unauthorised use of any username and password issued.
      • That all the information your provide is accurate and up to date
      • That you are at least sixteen (16) years old.
   3. 5.3 All Visitors, with Visitor Accounts, authorise and consent to the Website contacting them for the purposes of managing their account, providing updates on functionality provided by the Website, providing information about Businesses listed on the Website and providing information and updates with respect to any Request a Service requirements the Visitor has initiated.
   4. 5.4 Visitors agree that certain records of their interactions with the Website will be maintained as deemed appropriate by TDC in their Account and updated from time to time.

6. Updates and Newsletters

   1. 6.1 By subscribing to the updates and newsletters on the Website, the Visitor authorises and consents to the Website communicating via email with them about updates and new information on the Website including but not limited to special offers, new products and services, recent customer reviews, updated business information, and offers from partners.
   2. 6.2 The Visitor can manage and unsubscribe from these emails through their Visitors Account at any time.

7. Request a Service or Booking

   1. 7.1 Request a Service or Booking functionality allows Visitors to initiate a service or booking request, answer related questions and to provide their contact details to the Website and as a result receive contacts from businesses who may be able to provide the product or service.
   2. 7.2 You agree that when you initiate a Request a Service or Booking, the Website will facilitate the process of connecting you with Businesses listed on the Website (the Businesses) and thus will provide the contact and other information you have provided to the Businesses in order for the Businesses to contact you. While we make every endeavour to try and ensure the Request a Service or Booking functionality matches you with appropriate businesses; due to incomplete or inaccurate information that may exist about a Business, we may get this wrong from time to time. You acknowledge that the Website and TDC are not liable for in any way for inappropriate or incorrect matching.
   3. 7.3 You acknowledge that the services listed on the Website are provided by the Businesses. Any services engaged or 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 on a timely basis, as well as any liability in respect of these services lies with the Business and not with the Website or TDC. The Website or TDC does not recommend or endorse any of the Businesses listed on Website.
   4. 7.4 You acknowledge that the Website and TDC are responsible only for matching and facilitating the contact and are not in any way responsible for the delivery of those products and services. You agree that you are responsible for managing and dealing with the Businesses as a result of the Request a Service or Booking and that the Businesses are fully responsible for everything related to their service.
   5. 7.5 You agree it is your sole responsibility to ensure that the services being offered and requested by you are appropriate to all your needs in all ways.
   6. 7.6 You agree it is your sole responsibility to ensure that the information you provide is correct and appropriate to your circumstances and not misleading in any way whatsoever.
   7. 7.7 You agree that should any dispute arising in relation to the services or work provided, that this is between you and the Business and that the Website shall not be involved in this dispute or take sides.
   8. 7.8 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.
   9. 7.9 You agree that the Businesses will be provided with your details to contact you and it is your decision alone which of these businesses you choose to engage with.
   10. 7.10 You agree that it is your responsibility to manage the length of time that a Request a Service remains open and during which time you will continue receive contacts from Businesses. A request can be closed at any time via the Visitors Area.
   11. 7.11 You acknowledge that in certain circumstances the Website may be unable to offer Request a Service for various reasons.
   12. 7.12 You agree to abide by our Code of Conduct.
   13. 7.13 Where you have requested a product or service and no longer require this, you agree to contact the Businesses involved, and not the Website.
   14. 7.14 Where you have requested a product or service and need to change any arrangements, you agree to contact the Businesses involved and not the Website.
   15. 7.15 Where these is a dispute or you required a refund, you agree to contact the Businesses involved and not the Website
   16. 7.16 As responsibility for delivery lies with the Business, should your experience with a Business not match up to the Business listing information or product or service description or you are unhappy with the service in any way, you agree to contact the Business directly and try to resolve any issues.

8. Bookings

   1. 8.1 You acknowledge that all parts of the online bookings process and the associated services listed on the Website are provided by the Businesses. Any services booked by you through the Website are managed, processed and provided by the Businesses and not by the Website or TDC and thus the responsibility for managing, processing and delivering these services, as well as any liability in respect of these online bookings or services provided lies with the Businesses and not with the Website or TDC.
   2. 8.2 All payments for these services need to be paid directly to the Business.
   3. 8.3 All support queries, refunds and cancellation need to be dealt with directly with the Businesss and not the Website or TDC.
   4. 8.4 As responsibility for online booking and delivery of the relevant services 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 to resolve any issues.
   5. 8.5 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.
   6. 8.6 You agree all services provided by the Businesses listed on Website are subject to availability as set by the Businesses.
   7. 8.7 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.

9. Ratings and Reviews

   1. 9.1 You agree to only post genuine ratings and reviews in accordance with our Rating and Reviews Guidelines and where you have experienced the product first hand.
   2. 9.2 All visitor ratings and reviews added to the site need to comply with the requirements related to Website Content covered in Section 3 of these Terms of Use.
   3. 9.3 Ratings and reviews are provided by Visitors to the Website and as such should only be viewed as general and supporting information and should never be wholly relied upon for the purposes of assessing the quality or otherwise of a Business, service or product. The Website and 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 you using any of the reviews on the Website. Whilst we endeavour to ensure ratings and reviews are in accordance with our guidelines, we do not conduct detailed checks on all this information and as a result this information may be incorrect, or may become out of date over time.
   4. 9.4 The Website and TDC bear no responsibility, and you bear the full responsibility for your reliance on the ratings and reviews on the Website, for any purpose whatsoever.
   5. 9.5 If you believe a rating or review is incorrect or inappropriate, you can use the “Report a Review” link to let us know. These links are positioned next to each review.

10. Most Popular Awards

    1. 10.1 The Most Popular Awards are determined by various criteria, including the levels of visits, engagement and positive ratings and reviews received by a Business from the Visitors to the Website in a calendar year compared to their local business competitors.
    2. 10.2 As the rankings are determined by data derived from Visitors actions on the Website, the Website or TDC take 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. 10.3 The Website or TDC does not accept any form of reward or remuneration for these Awards.

11. Third Party Links

    1. 11.1 Our Website includes advertisements and links to websites operated by third parties. Those third party websites do not form part of our Website and are not under the control of, or the responsibility of the Website or TDC.
    2. 11.2 When you follow those links to those third party websites you are leaving our Website and do so entirely at your own risk. The Website or TDC makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Website and TDC and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.
    3. 11.3 A display of advertising by a third party or a link to a third party website does not in any way imply an endorsement or recommendation by the Website or TDC.

12. Removal from the Website

    1. 12.1 If you are a business listed on the Website and would like to be removed for any reason you can do this by logging in to your account and deleting it immediately, alternatively you can contact us and we will remove the listing for you.

13. Copyright and Intellectual Property

    1. 13.1 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. 13.2 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. 13.3 You agree 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.

14. Warranties and Limitation of Liability

    1. 14.1 The Website and TDC are not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of you using, relying on or accessing any part the Website in any way, including requesting a service or booking or making and paying for any online bookings through the Website.
    2. 14.2 You hereby indemnify and hold 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 you, directly or indirectly resulting from you using or accessing the Website, adding any content or information to the Website, requesting a service or booking or making and paying for any online bookings.
    3. 14.3 The Website and TDC makes no warranty as to the accuracy or reliability of any of the information and content provided in or by the Website, and the Website and TDC and its, directors, officers, employees and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through reliance on anything contained in or omitted from the Website, requesting a service or booking or making and paying for any online bookings through the Website.
    4. 14.4 The Website and TDC make no warranties around the quality, timeliness and effectiveness or the appropriateness of the Businesses 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 the Businesses products and services or any other claims related to requesting a service or booking, online bookings or the associated services and products.
    5. 14.5 While every attempt is made to accurately match you with relevant businesses when using the Request a Service functionality, we take no responsibility for any situations where our understanding of your requirements is incorrect or has been misunderstood, and as a result a business has contacted you which may not be relevant or able to service your requirements for any reason whatsoever.

15. Force Majeure

    1. 15.1 The Website and TDC are not responsible for any delay, loss, damages, costs or expenses or any other claims or failure to perform arising from a cause or event beyond their control and without its fault or negligence. Such causes include but are not limited to floods, earthquakes, strikes, unavailability of necessary utilities, acts of God, declared or undeclared war, acts or regulatory agencies, martial law or natural or unnatural disasters.

Should you have any questions relating to these terms and conditions, please contact us here.