ACTIVITIES ADELAIDE TERMS OF USE FOR USERS

These Terms of Use (“Terms”) apply to all Users buying goods or services on activitiesadelaide.com (“Website”). In using this Website, you agree to be bound by these Terms as well as any other terms and conditions posted on our Website from time to time. 
If you do not accept these Terms, you are not permitted to use this Website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using the Website, you agree to be bound by these Terms.
The amended Terms will take effect from the next time you log into the Website or use the Website.  If you do not agree with the amendments, then you must stop using the Website. Your continued use of the Website is subject to our current Terms as amended from time to time.

1.    DEFINITIONS
“Advertisement” means an advertisement that an Advertiser publishes on our Website.
“Advertiser” means an advertiser of products or services that has been accepted to participate in Advertising Services on the Website or for listing on the Website.
“Advertising Material” means any type of advertising material, including without limitation, text, layouts, artwork, graphics, scripts, presentations, drawings, documents, logos, designs, charts, images, photos, films,  registered trade marks, unregistered trade marks and unregistpop-ups and any other type of a promotional message for the purpose of publicising products or services, uploaded to the Website by the Advertiser or by any independent contractor, employee or agent. 
“Content” means any and all information that an Advertiser or User submits or links to the Website.
“Directory” means a list of restaurants, markets, general activities, events and other visitor points of interest from time to time.
"intellectual property rights" includes (a) legal rights in unregistered trade marks or registered trade marks; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute; or (d) legal rights recognised in the confidentiality of information.
“Payment” means any payment that a User makes to purchase goods or services via the Website. 
“User” or “Users” means any member of the public who accesses the Website.
“Website” means www.activitiesadelaide.com
“we”, “our” and “us” means David Biviano t/a Activities Adelaide (ABN insert).
“you” or "your" means the User accessing the Website.

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2.    ROLE OF WEBSITE

2.1    We are a third party facilitator only to provide a Directory with events, activities and other information for visitors to South Australia and our Website. We do not set up any of the events nor are we involved in any of the activities beyond advertising them and providing information about them on our Website. You need to contact the individual Advertiser to confirm any details on the Advertisement.

2.2    We do not guarantee the accuracy of any Advertisement including but not limited to any date, location, address, fee or any other detail of any event, activity or other information in the Advertisement. We recommend that you make your own inquiries, including contacting the Advertiser before relying on any of the information or making any transaction based on the Advertisement.

2.3    Users acknowledge and agree that in some instances, we may receive an affiliate commission or other affiliate benefit when you click on a link on our website or otherwise make a purchase through our Website. There is no additional cost to you when you use these links.

2.4    In the event that we allow Advertisers to sell products or services on the Website, we are acting as a neutral facilitator only by providing an information and classified service that brings together Advertisers and Users. We are not a party to any transaction or the supply of goods or services between any Advertisers and Users that may be initiated through any Content or Advertising Material published on the Website. 

2.5    Any transactions or dealings between an Advertiser and a User that may result from any Content, Advertising Material or other information available on the Website is a direct contractual relationship between the Advertiser and the User and any complaints, disputes, claims, demands or causes of action are to be dealt with directly between the Advertiser and the User and we are not to be involved as a party to the dispute.

2.6    In the event of a claim by the User in relation to any Advertiser’s goods or services, it is the Advertiser’s responsibility to manage such claim in accordance with Australian law. The User agrees to pursue such claims against the relevant Advertiser and the User releases us from any such claims.

 

3.    AGREEMENT FOR WEBSITE USE

3.1    To be eligible to use the Website, you agree to the below terms.

3.2    You warrant that:

3.2.1    You are 18 years of age or older and able to form a legal binding contract;

3.2.2    You will not use the Website for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and

3.2.3    You will manage and take over any claim by any Advertiser, supplier or third party that may arise as a direct or indirect result of your use of the Website. 

3.3    You acknowledge and agree:

3.3.1    We are a facilitator only for the purposes of permitting Advertisers to advertise and list their goods and services; 

3.3.2    We are in no way responsible for your choice of goods or service purchases. Any goods or services purchased are your contractual relationship with that individual Advertiser. Any disputes, issues, dealings and complaints are to be dealt directly with the Advertiser and we are not to be involved, unless we made the supply. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction; and 

4.    PAYMENTS, DELIVERY AND REFUNDS

4.1    We are not responsible for, nor affiliated with any particular Advertiser or third party involved in the delivery or shipment of any goods or services, beyond allowing them to register on the Website as an Advertiser. The Advertisers will deliver the goods and services to you via their own chosen shipment method. We are not responsible for any goods that are lost or damaged in transit nor for any late deliveries. 

4.2    Refunds will only be made in exceptional circumstances and in the Advertiser’s sole discretion (unless otherwise required by law). Refunds will not be made for any change of mind. 

4.3    We will at all times abide by the Australian Consumer Law with respect to returns and refunds. If you have any issues with your order, please notify the Advertiser immediately upon receipt of your goods or services with a valid reason for your return. 

4.4    In the event that you are not satisfied with the response of the Advertiser, you may contact us. 

 

5.    MODIFICATION OF WEBSITE AND CONTENT

5.1    We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property rights or these Terms.

5.2    We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the Website. In particular, if we believe the Content to be inappropriate, potentially breaches any statutes or regulations, or we receive complaints from any person or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required. 

 

6.    DISCLAIMERS REGARDING THE OPERATION OF THE WEBSITE

6.1    We make no warranty that the Website or the Services will meet the requirements of any User or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Website becomes unavailable for any lengthy or unusual time period.

6.2    We make no warranty or guarantee of increase in any business, revenue, clients, traffic or otherwise as a result of your use of the Website.

6.3    The Content and Advertising Material is for general information and educational purposes only. Nothing contained in the Content and Advertising Material is, or is intended to be, construed as advice to any User. 

6.4    We do not and cannot verify the information or opinions that Advertisers upload to the Website nor can we guarantee the goods or services they offer. We are not involved in, are not responsible for and we assume no liability in respect of any goods or services supplied to Users by any Advertisers. We urge Users to make their own enquiries and ensure they do their own due diligence to verify any information about Advertisers and any goods or services offered by Advertisers. 

 

7.    LIMITS TO OUR LIABILITY 

7.1    Each User agrees and acknowledges that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website, including but not limited to:

7.1.1    any delays in the production, delivery and/or non-delivery of any goods or services purchased via any link on the Website, as the result of an act of God, action by any government entity, network difficulties, electronic malfunction or any condition or event beyond our control;

7.1.2    errors or omissions in the Content or Advertising Material as it is published on the Website and communicated to the public; and

7.1.3    any unavailability or inoperability of the Internet, technical malfunction, computer error, data corruption or loss of information.

7.2    To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.

7.3    We expressly limit our liability to Users for breach of a non-excludable statutory guarantee under the ACL to the following remedies:

(1)    the supply of the goods or services again; or

(2)    the payment of the cost of having the goods or services supplied again.

7.4    In no event will our liability hereunder towards any User exceed the payments made by the User during the twelve (12) months preceding the date of the breach.

7.5    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

8.    INDEMNITY

8.1    Each User agrees to indemnify, defend and hold us harmless from and against any and all claims, demands, causes of action, costs, expenses and damages, judgement or liability, threatened or adjudicated, of any kind (including, without limitation, reasonable legal fees and expenses, settlement costs and disbursements) incurred by us, arising out of or in connection with:

8.1.1    any breach or default by a User in the performance of any of their obligations set out in these Terms;

8.1.2    any breach by a User of any representation, warranty, covenant or agreement set out in these Terms;

8.1.3    any breach of any intellectual property rights or other legal rights of any person arising from our publication of any Content uploaded by you for publication on the Website; and

8.1.4    any transaction or dealings between an Advertiser and a User, including without limitation, any purchases by a User of goods or the supply of services to a User by an Advertiser.

8.2    The User’s indemnification obligations shall survive termination or expiration of the agreement set out in these Terms. 

 

9.    INTELLECTUAL PROPERTY

9.1    All custom graphics, icons, logos, brand names and service names used to brand the Website are our registered or unregistered trade marks, service marks or copyright.

9.2    All other trademarks or service marks within this Website are the property of their respective owners. 

9.3    Each User is solely responsible for obtaining written permission before reusing any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

10.    PRIVACY

10.1    We are committed to protecting the privacy of Users. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to our collection, use and disclosure of personal information.

10.2    We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Advertisers and other Users of the Website; or to protect the rights, property or safety of other Users or third parties.

10.3    We reserve the right to disclose the name and any other personal information of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.

 

11.    RELATIONSHIP

11.1    No agency, partnership, joint venture, or employment is created as a result of these Terms.

 

12.    EXCLUSION OF UNENFORCEABLE TERMS

12.1    Where any provision of these Terms would, by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

13.    GOVERNING LAW

13.1    These Terms are governed by the laws of South Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning these Terms. 

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These Terms were last modified on 15 August 2023 and are effective from that date.