Terms + Conditions
The website available at http://www.activeplace.com/ is owned and operated by ActivePlace Pty Ltd ACN 637 528 851 (“ActivePlace”, “we”, “us”, “our”).
- you as an individual; and
- if you are using the Website on behalf of an entity (such as a company or other organisation), that entity
We may, from time to time and without notice:
- change, add to, or remove content or functionality of the Website (including the types of products and services that you can access through the Website); and
- cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the Website,
subject to separate terms agreed with Subscribers where applicable.
The Website is intended to be used by the following types of users only, namely:
- Personal Users: individuals interested in leading a healthy and active lifestyle, who have created a personal account; and
- Business Users: Subscribers, namely, natural persons or entities running a business that has a primary purpose supporting health, wellness and an active lifestyle, and who have subscribed to the Website on behalf of that business and created a Subscriber account; and individual employees and representatives authorised by the Subscribers who are accessing the Website for business purposes on behalf of the Subscriber via the Subscriber’s account,
collectively referred to as “Users”.
- When creating an account for the Website as a Personal User, you will be asked to choose a username and password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities through your account (whether or not the access is authorised by you).
- Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another User at any time, and must not disclose your account password to any third party.
- You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
- You must not create or access an account for the Website if:
- you are under the age of 18 (unless your parent or guardian has consented to you creating a Personal User account, and supervises your access and use of the Website); or
- we have temporarily or permanently suspended your right to use the Website.
Subscribers / Business Users
- Subscribers will be asked to choose or will be allocated one central username and password to access the Subscriber’s account.
- The Subscriber username and password may be disclosed to individual employees and representatives authorised by the Subscriber to access the Website for business purposes on behalf of the Subscriber via the Subscriber’s account.
- The Subscriber username and password must be kept confidential and secure, and you acknowledge and agree that the Subscriber will be responsible for any activities engaged in using those credentials (whether or not the access is authorised by the Subscriber).
- Subscriber accounts and login credentials cannot be transferred or assigned to another individual or entity. You agree not to use the account, username or password of another User at any time, and must not disclose your account passwords to any third party. Subscribers agree to update their login credentials as appropriate to prevent access to their Subscriber account by any person who leaves their employment, or who is otherwise no longer authorised to access their Subscriber account.
- You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
- You must not disclose the Subscriber’s username and password or otherwise provide access to an account for the Website to any person who:
- is under the age of 18; or
- we have temporarily or permanently suspended the right to use the Website
Goods and Services
- Users of the Website who wish to purchase any goods or services offered by Subscribers on or in connection with the Website (“purchasers”) must contact the Subscribers directly to arrange for the purchase (including the terms and conditions of sale). Subscribers consent to potential purchasers contacting them regarding the goods and services they have offered on or in connection with the Website.
- You acknowledge that we may receive a commission or other benefit in connection with the sale of goods and services from Subscribers to purchasers via the Website.
Transactions between Subscribers and purchasers
- Subscribers and purchasers are responsible for determining the terms and conditions of sale in relation to any goods or services offered on or in connection with the Website. ActivePlace is not involved in the actual transactions between Subscribers and purchasers regarding any sale of goods or services and does not provide any escrow service to facilitate payment.
- ActivePlace is not acting as an agent for the Subscriber or purchaser and does not directly sell or re-sell any goods or services offered on or in connection with the Website.
- Purchasers must perform their own due diligence and make their own inquiries regarding the Subscribers and any goods or services they intend to purchase, and purchasers are solely responsible for seeking any conditions and warranties regarding any such goods and services from the relevant Subscriber directly. The Subscriber is responsible for collecting any payments and, unless otherwise agreed with the purchaser, organising postage (including insurance) and the transfer of any purchased goods to the purchaser free of any encumbrances and security interests. ActivePlace is not responsible for ensuring delivery or provision of any purchased goods or services to the purchaser or payment by the purchaser to the Subscriber, and ActivePlace will not intervene in any disputes between purchasers and Subscribers.
- ActivePlace does not make any representation, warranty or guarantee as to a Subscriber’s rights to sell, or a purchaser’s ability to pay for, any particular good or service. Without limiting the foregoing, in relation to goods or services offered on or in connection with the Website, ActivePlace does not represent, warrant or guarantee that information provided by Subscribers in relation to goods or services offered on or in connection with the Website is accurate. ActivePlace does not verify or check information regarding goods or services provided by Subscribers on or in connection with the Website. ActivePlace does not represent, warrant or guarantee any such goods or services:
- are authentic;
- are wholly owned by the Subscriber;
- are free of any encumbrances and security interests; or
- will not infringe the rights (including Intellectual Property Rights and Moral Rights) of any person.
Responsibilities of Subscribers
- Subscribers must only offer on the Website goods and services that are directly related to users living a healthy and active lifestyle, as determined by ActivePlace in its absolute discretion. This includes, but is not limited to:
- Sporting goods and equipment such as bicycles, weights, yoga mats, hiking gear;
- Sports clothing for wellness and active lifestyles, such as workout gear, bathers, accessories, hiking jackets;
- Products such as nutrition, supplements and beverages tailored to a healthy and active lifestyle such as sports drinks, protein powders, energy bars, healthy and natural alternatives;
- Events and experiences associated with health, wellness, and active things, such as marathons and yoga retreats, including tickets and registration, transport and accommodation packages, and tours, DMC’s;
- Coaching, training, personal development, conditioning, sporting clubs and other active services;
- Health, wellness and sport related technology such as exercise tracking devices, virtual training products, health and active apps, technology related to active participation
- Services related to health, wellness and active lifestyle such as physiotherapy, Pilates, yoga studios, affiliate groups, nutritionist, sports management and media agencies
- Governing bodies related to wellness and an active life such as government associations, non-profit, tourism bodies, destination bodies
- Subscribers must not offer any of the following prohibited goods and services on the Website:
- Firearms and other weapons;
- Commercial sexual services, such as prostitution and escort services;
- any goods or services that breach the Community Guidelines at clause 4; and/or
- any goods or services that are illegal in Australia or the country where the goods or services will be received.
- any product or service that directly competes with ActivePlace, or deemed as in direct competition by ActivePlace
- ActivePlace reserves the right to update this list from time to time at its absolute discretion
- Subscribers are solely responsible for the information they provide in relation to their goods and services on the Website.
- Subscribers must only display and offer for sale on the Website any goods and services that:
- are authentic;
- are wholly owned by the Subscriber;
- are free of any encumbrances and security interests; and
- will not infringe the rights (including Intellectual Property Rights and Moral Rights) of any person.
- Subscribers warrant to ActivePlace that they have all necessary rights and consents to sell all goods and services you offer for sale on or in connection with the Website and you agree to abide by all laws relating to the sale of such goods and services.
- Subscribers must not:
- display or offer for sale any goods or services on the Website which in any way infringe the rights (including Intellectual Property Rights and Moral Rights) of another person; or
- upload information or material on the website which is false, misleading or deceptive, including by making false or misleading claims regarding the goods or services offered by the Subscriber
1. Partner Businesses are entitled to use ActivePlace to execute and/or market Partner Promotions that are eligible only for ActivePlace users to access. This activity is considered as Content, it must meet the Community Guidelines contained within this page, and will be discoverable on the Business Profile Page, within the Home and Trending Feeds and elsewhere on ActivePlace.
2. Businesses that offer Partner Giveaway Offers are subject to both the standard Terms contained within this page, and any additional promotion-specific terms which are incorporated into these Terms by reference. These promotion-specific terms will be presented below if and when applicable.
3. Promotion Entrants should ensure they have read the general and specific conditions that apply to each promotion. By proceeding to enter a Partner Promotion you agree and accept the terms of the applicable promotion(s).
- Current promotions are open to Registered ActivePlace Profile Holders who have an Australian address at the time of the promotion.
- If an entrant does not hold an ActivePlace User Profile at the time of entering the giveaway, the required action will prompt the standard ActivePlace User Profile onboarding process. This standard process requests information that is used to create a standard User Profile Page, incurring no cost and with all standard Terms and Conditions contained with this page assumed to be adhered to.
- Partner Business Promotions have varying entry requirements, these include but are not limited to; Following a Business, Commenting on a Business Update or Article, Sharing a Business Profile Page, Update or Article with other Users on or off ActivePlace, a User publishing their own piece of Content that mentions a Partner Business on ActivePlace, or other entry requirements that may be created by the Partner Business themself without prior approval by ActivePlace.
- No entry requirements are not governed by ActivePlace Pty Ltd, but are deemed to meet the Community Guidelines contained within this page. If the entry requirements are determined not to meet the guidelines contained within, the promotion may be subject to cancelation. In the event of a promotion being cancelled, entries will be cancelled, with no winner considered to be eligible or announced.
- In most, if not all occurrences, Winner/s of the promotion will be determined by way of a random sweepstakes draw, and will be notified by email within 48 hours of the promotion end date. The draw is conducted by the Partner Business, at the registered place of operation and is done in accordance with state requirements at the responsibility of the Partner Business.
- Winner/s of the promotion will be announced on the Business Partner's Profile Page by way of an Announcement Update within 12 hours of the draw being finalised.
- If an entrant is deemed to have fraudulently or illegally entered any Partner Promotion, their entry / entries will be disqualified.
- Promotion dates are publically available on the Business Partner's ActivePlace Business Profile Page. Valid entries are accepted from the promotion start date at 00:00am and are valid until 11:59pm on the final day of the promotion.
- Prizes are not transferable or redeemable for cash. Fulfilment of the promotional goods or services are the responsibility of the Partner Business, not of ActivePlace Pty Ltd.
The goal of ActivePlace is to build a community that helps you to live the healthy and active life you love. We want to ensure that all the information you receive is relevant to this goal and that all Users feel safe and supported to grow in their active lifestyles. To that end we have created some Community Guidelines that all users of the Website must abide by, as set out below.
Any material uploaded, posted, transmitted or otherwise made available on the Website by any User or Business must genuinely relate to or support living a positive healthy, and active lifestyle. ActivePlace encourages positive content that is “genuine” in supporting the community (& self) with discovery and growth through an active and healthy life. We ask that all content be authentic and real which includes ‘selfie’ images directly related to a healthy and active lifestyle. ActivePlace will take action if we see consistent content from accounts (Users or Businesses) that does not comply.
Subscriber accounts are only available to businesses that provide goods or services directly related to living an active lifestyle, for example, organisers of active events and providers of associated tour operators, wellness and active-life retreats or destinations; sporting goods and active lifestyle brands, coaches, clubs, trainers and creators of content that supports an healthy and active lifestyle.
Whether a particular business qualifies for a Subscriber account will be determined by ActivePlace in its absolute discretion.
You must not:
- Misrepresent your identity when creating an account or profile;
- Create multiple Personal User accounts or share your Personal User account with another person; or
- use a Personal User account to promote your own goods or services. This can only be done by Business Users associated with a Subscriber account.
Responsibilities to other Users
You must not:
- use the Website in breach of any applicable laws or regulations;
- use the Website to harm, bully, humiliate, abuse, harass, stalk, threaten or otherwise offend others;
- attempt to compromise user accounts or gather personal or sensitive information of users through unauthorized means;
- upload, post, transmit or otherwise make available any material that:
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites self-harm, violence or hatred, or is likely to offend, insult or humiliate others based on race, caste, religion, ethnicity, gender, gender identity, age, sexual orientation or any physical or mental disability;
- may infringe the Intellectual Property Rights, Moral Rights or other rights of any other person or entity;
- incites or encourages criminal activity;
- includes an image or personal information of another person unless you have their consent;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- is aimed at deliberately deceiving people to gain an unfair advantage or deprive another of money, property or legal right;
- promotes or offers commercial sexual services, such as prostitution and escort services;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
Responsibilities to ActivePlace
You must not, and must not permit a third party to:
- interfere with, disrupt, or create an undue burden on the Website;
- misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the content of the Website;
- use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, rating and related business methodology or systems;
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website; and
- upload, post, transmit or otherwise make available any material that is not your original work, or which may infringe the Intellectual Property Rights, Moral Rights or other rights of another person.
Investigating prohibited uses of the Website
- Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the safety and wellbeing of our Users, the security and integrity of the Website, the quality of the services and our reputation. These actions may include (but are not limited to):
- modifying or removing the offending content;
- requiring a Business User be prevented from accessing a Subscriber account;
- suspending or terminating User accounts;
- reporting any unlawful conduct to the appropriate authorities; and
- otherwise taking appropriate legal action.
- We may take such actions without notice to you, and we will not be responsible for any loss, cost, damage or liability that may arise in connection with these actions.
- If you believe that a user has breached any of the Community Guidelines, please contact us at email@example.com
- We will review your complaint and take action as we deem appropriate.
- Unless you otherwise consent, your name and other personal information will be kept completely confidential if we reach out to the person responsible.
- how we manage your personal information;
- how you can access and correct information we hold about you; and
- how you can submit a privacy complaint and how your complaint will be handled.
- If you don’t provide this information, we may not be able to complete your registration and provide you with access to the Website or provide you with the requested products or services.
- When you use the Website, ActivePlace may disclose your personal information to its related companies and third parties who provide it with (or help it provide) products and services. Your personal information, and certain information about your use of the Website, may also be visible to other Users of the Website (for example, when you upload content, posts or comments).
- Some of the service providers that ActivePlace uses to host, maintain and develop the Website are located outside of Australia (including in countries such Indiaand your personal information may be stored by (and, in limited circumstances, accessible to) some of these service providers. Some of the other Users you interact with via the Website may also be located outside of Australia, and accordingly your personal information may be disclosed to recipients outside Australia.
- “Intellectual Property Rights” means all present and future copyright, all proprietary rights in relation to inventions (including patents), registered and unregistered trade marks, rights in confidential information (including trade secrets and know how), designs, all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields and all other rights generally falling within the term “intellectual property rights”.
- “Moral Rights” has the meaning given in the Copyright Act 1968 (Cth) and any similar rights granted to authors in jurisdictions outside Australia.
ActivePlace Intellectual Property
- All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to ActivePlace.
- You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of ActivePlace or as permitted by law. All rights of ActivePlace are reserved.
- ActivePlace and the ActivePlace Logo are trademarks of ActivePlace.
- Trademarks used on the Website to describe third parties and their products are trademarks of those third parties and you are not permitted to use them without the consent of those third parties.
We reserve the right to aggregate and analyse data that we collect through the operation of the Website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Website in the course of using the Website. We may use data analytics tools to produce reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. We may also provide reports, statistics and de-identified datasets to Subscribers and other third parties.
Links and Third-Party Content
You must not link to, frame or mirror any part of the Website without ActivePlace’s written authorisation.
The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third-Party Websites are not under the control of ActivePlace. ActivePlace does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third-Party Website, or in respect of the owner or operator of a Third-Party Website or their conduct. If you use or rely upon Third Party Content or Third-Party Websites, you do so solely at your own risk.
ActivePlace reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. ActivePlace also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.
ActivePlace is not responsible for and accepts no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than ActivePlace. ActivePlace does not endorse any opinion, view, advice or statement made by any person other than ActivePlace.
You retain ownership of any materials, photographs, works and information you upload to the Website (“Uploaded Materials”), including all Intellectual Property Rights in the Uploaded Materials.
You grant ActivePlace a non-exclusive, perpetual, irrevocable, transferable, world-wide and royalty-free licence to use the Uploaded Materials for the purposes of conducting the Website and for ActivePlace’s business purposes, and we may permit our third party service providers to use the Uploaded Materials for those purposes on our behalf.
You acknowledge that, by using the Website, the Uploaded Materials will be available for view by the public over the Internet. ActivePlace is not responsible to you for any copying or misuse of the Uploaded Materials by any members of the public. You are responsible for including any copyright notices and implementing watermarks and any other mechanisms at your discretion to prevent or discourage misuse of your Uploaded Materials.
You must not modify, copy, adapt, publish, reproduce or distribute any materials, photographs, works and information uploaded by other Users to the Website unless you have first obtained the relevant User’s consent to do so.
We may use third-party vendors to show ActivePlace ads on sites on the Internet and serve these ads based on a User’s prior visits to the Website. ActivePlace may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.
While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
In this clause , Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (CT) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded
Nothing in this clause 11 limits, restricts, modifies or excludes:
- any rights or remedies you have under the Consumer Guarantees; or
- any other rights or remedies that cannot be lawfully excluded by agreement of the parties.
The Website and its contents are provided “as is”. By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third-Party Content or Third-Party Website. With the exception of any Consumer Guarantees that might apply, we exclude:
- the Website or any of its functions will be uninterrupted or error free;
- defects will be corrected; or
- the Website or any server that makes it available is free of errors, viruses or malicious code;
- any liability due to any delay or unavailability of any part of the Website, any of its functionality or associated services;
- any liability for loss or damage incurred as a result of or in connection with our negligence; and
- any liability for loss of income or revenue, loss of business, damage to reputation, loss of data, or any special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the Content, the use or performance of the Website or any goods or services provided by us in relation to or via the Website.
Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again,
- the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
- it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
- the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.