The Terms and Conditions (“Terms”) below govern your use of our website at www.beactive.com.au (“Site”) and form a binding agreement between you, the user of the Site, and us BeActiveAustralia (“BeActive”).
Use of this Site
- By using the Site you acknowledge that you have read the Terms and agree to be bound by them. You should contact us with any questions before you use the Site.
- BeActive endeavours to match the requirements of customers (“Customers”) with products and services providers (“Businesses”) for the provision of products services. You acknowledge that BeActive is in no way directly involved in any transactions between Customers and Businesses and only provides this medium to facilitate the introduction of Customers and Businesses. BeActive in no way guarantees the services of Businesses nor does it provide any guarantees as to the authenticity and financial viability of Customers.
- Acceptance of the Terms in no way forms a relationship of agency between you and BeActive.
- BeActive may change the Terms at our discretion and without notice. By continuing to use the Site you accept the Terms as they apply from time to time.
- Material, links or any information (‘Content’) on theSite is not advice, is subject to periodic changes and may include inaccuracies and errors.
- BeActive does not warrant the accuracy, completeness or adequacy of the Content. You should make your own enquiries before entering any transaction on the basis of the Content.
- BeActive operates the Site making it available to Businesses to publish information without assuming a duty of care to Customers. BeActive does not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the Content.
- BeActive provides the links or introductions to the Businesses as a convenience to Customers and the existence of a link or introduction to the Businesses does not imply any endorsement by BeActive of any Businesses.
Liability and Indemnity
- BeActive accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Site or any of the Content.
- BeActive shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your useof the Site, or reliance ontheContent.
- BeActive will under no circumstances be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Site or Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
- BeActive does not accept responsibility in the event that the Site is unavailable to you due to any circumstance.
- You agree to indemnify, defend and hold harmless BeActive, its officers and employees, from any loss, liability, claim, demand, damage or expenses asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Site, or messages posted or transmitted by you on or through the Site. BeActive reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
- To the full extent permitted by law BeActive’s liability for any implied warranty or condition is limited, at the choice of BeActive, to one or more of the following:
- If the breach of an implied warranty or condition relates to services then the supply of the services again orthe payment of the cost of having the services supplied again.
- If the breach of an implied warranty or condition relates to products, then the replacement of the products or the supply of equivalent products or the repair of theproducts.
Use of Information Gathered
- BeActive and/or people authorised by it, may gather and process the information:
- which you may provide when accessing the Site, such as your name, address, email address, telephone numbers and other personal information about you; and
- programmed during the accessing of the Site.
- BeActive may use the information so acquired through clause 15 above to engage in direct marketing to you in any medium.
- BeActivemay share your contact details with Businesses.
Content and Functionality of the Site
- BeActive does not warrant the accuracy of Content on this Site. The Content is provided on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
- BeActive may alter, suspend or discontinue the Site and/or its functionality and/or the Content at any time, with or without notice to users.
- BeActive disclaims any and all warranties, express or implied, regardingthe accuracy, reliability, timeliness or otherwise of any Contentand of any linked Businesses and the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked Businesses.
- BeActive does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or Content.
- BeActive does not warrant, guarantee or make any representation thatthe Site, or the server that makes the site available on the WWW are free of software viruses.
- BeActive is not liable to you for errors or omissions in the Site, or linked Businesses on the WWW, delays to, interruptions or cessation of the services provided in the Site, and defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of BeActive, its employees or independent contractors, or through any other cause.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.
- All intellectual property in relation to the Content on this Site belongs to BeActive or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property.
- You may not use reproduction Content in any material form, distributeContent in any material form, re-transmitContent by any medium of communication or upload or repost Content.
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- Use of the Site by Customers and requesting of quotes from a Business is free. When a Customer acceptsa quote and enter into a contract with a Business for a product or servicethe Customer will be solely liable to that Business for the products or services provided. BeActive accepts no liability for invoices from or costs of Businesses.
- Customers are solely and completely responsible for the selection of any quote and transacting with any Business including payment to the Business for products or services provided
Termination of access
- BeActive may terminate access to the Site at any time without notice and without giving any explanation or justification for the termination of access, and BeActivewill have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.
- As a participating Business:
- You represent and warrant in relation to any material and/or information that you provide to the Site that;
- you are authorised to provide the material and/or information and service that you represent, that the material and/or information is not defamatory or a malicious falsehood in relation to any entity;
- the material and/or information does not infringe any intellectual property rightsor confidential information or copyright, and that the material and information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales and equivalent state and territory legislation or any law in any country where the material and information is or will be available electronically to users of the Site.
- You grant to BeActive,by uploading any material which is intellectual property on to the Site, a perpetual non-exclusive and payment-free licence throughout the world, toreproduce, use and exploit the intellectual property andallow BeActive to sublicense others the same rights granted to BeActive.
- You acknowledge and agree that any and all of the terms and conditions pertaining to quotes to Customers;
- constitute a contract between you and the Customer anddoes not involve or implicate BeActive in anyway;
- that the lowest priced or best quote will not necessarily be the quote selected by the Customer;
- You represent and warrant in relation to any material and/or information that you provide to the Site that;
- that BeActive plays no role whether active or inactive in the method of selection by the Customer of the selected quote; and
- that BeActive takes no responsibility for the accuracy, reliability or timeliness of the content provided by anyCustomer requesting a quote or information.
- You acknowledge and agree that, in relation to any Content included on the Site, BeActive may remove any Content at any time without giving any notice, explanation or justification for removing the Content.
- You acknowledge and agree that BeActive and its officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising or bidding for products or services on this Site; and as a consequence of removing any material and/or information from this Site.
- You warrant that you will perform all services in accordance with legislative and industry standards and that you have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of Australia.
- You indemnify and keep indemnified at all times BeActive and its officers, employees and agents from any costs, losses or liability incurred arising from any claim where such loss or liability arose in connection with any breach of the Terms by you and publication of or distribution of the material and/or information supplied by you.
- You agree that BeActive may charge you a fee for the provision of our services as provided from time on time, and:
- that fees will be payable within 14 days from date of invoice;
- that late payment will incur additional fees;
- that any fees incurred are non-refundable;
- that you will to provide 60 days’ notice for any services provided by us and charged to you on a recurring subscription basis; and
- that BeActive may suspend or terminate your use of the Site with immediate effect should your account be in arrears.
- If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- Any dispute arising in connection with these Terms shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia.
- This Agreement will be governed by and interpreted in accordance with the law of New South Wales, Australia.