Terms of Usage - Active Networks

Site Terms & Conditions

The site is made available for personal use only. You may not use the site, the directory contained on the site or any other part of the site and its contents for any commercial purpose. Any commercial use requires prior written approval from the site.

The site is made available for personal use only. You may not use the Site, the Directory contained on the Site or any other part of the site and its contents for any commercial purpose (other than for the adding to or correcting of information contained in the Directory). Any commercial use requires prior written approval from Think Local.

The site may be modified, suspended or discontinue at the absolute discretion of the site owners.

This site and the news subsite and Think Local subsite is owned by Active Networks Online and managed by Active Networks Pty Ltd.

User’s Conduct

You agree that you will not use the site to directly or indirectly:

Conduct surveys, send junk email, spam or any other duplicative or unsolicited;
Defame, abuse, harass, stalk or threaten others;
Publish or distribute any defamatory, obscene, indecent or unlawful material or information;
Advertise or offer to sell or buy any goods or services;
Collect information about others, including email addresses, without their consent;
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer programs;
Transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
Interfere with or disrupt networks connected to this site or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the computer systems or networks connected to Think Local, through password mining or any other means;

The site owners may monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Privacy Policy

Certain information collected through Think Local is subject to our Privacy Policy. Use of this website is on the basis that you consent to the collection and use of personal information in accordance with our Privacy Policy.

In the event the Think Local business or company is sold to a third party, you grant Think Local the right to transfer your personal information to that third party. You agree that Think Local will not be required to obtain your prior consent or approval or to notify you of such a transfer.

Third Party Links

The site contains links to other web sites. The site does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party web site. As necessary you should review the privacy policies and other terms of use of relevant third party web sites.

General Disclaimer

We make no representation or warranty that any content on Think Local is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of Think Local will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We strive to provide valuable and accurate information. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in Think Local neither we nor any other party involved in the preparation of material contained in Think Local represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.

Consumers reading articles or other material posted on Think Local should review the information carefully. The information is not intended in any way to be a substitute for professional advice
Any information that is published on the website about particular goods and services is based on information supplied by Merchants and other third parties. Think Local will not be held liable for the publication of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.

You accept that it is your responsibility to make your own enquiries and to verify information provided on the website in order to assess the suitability of goods and services prior to purchase.
To the extent permitted by law, Think Local, its employees and agents shall have no liability (including liability by reason of negligence) to any person for any loss, damage, cost or expense incurred or arising as a result of any information, whether by reason of any error, omission or misrepresentation in the information or for any action taken by any person in reliance upon the information.

The information contained in this website is copyright and is not to be displayed without the prior written permission of the site owners.

Site Indemnification

You agree to indemnify and hold the site, officers and employees, harmless from any claims, actions, applications, arbitration, causes of action, complaints, costs, debts due, demands, terminations, enquiries, judgments and verdicts, at law, in equity or arising under any statute or award (including legal costs), by any third party due to or arising out of your use of or conduct on the site, including without limit:

Your breach of these Terms & Conditions
Your failure to comply with the Terms & Conditions.

Relationship with advertisers

Any dealings with any advertiser appearing on the site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. The site is not responsible or liable for any part of any such dealings or promotions.

Amendment of these Terms of Usage

The site owners may amend the Terms & Conditions or policies regarding the use of the site from time to time. The site will post any update[s] to the Terms & Conditions on this website. By continuing to use the Service, you agree to be bound by the amended Terms & Conditions.

Think Local subsite

Buying a Deal

The promotion of any Deals or Events on the website or in email communications you receive from the site does not constitute an offer to sell. It is an invitation to treat only.

By completing a payment for a Deal you are making a commitment to the respective purchase. In addition you accept the specific Terms explained in the voucher and any other terms and conditions set out.

The Voucher or Voucher ID must then be presented to the Merchant to redeem the Deal. You acknowledge and agree that the Merchant, and not the site, is the provider of the goods or services and is solely responsible for honouring the respective voucher presented by you. The site is not liable or responsible for any loss suffered as a result of a Voucher not being honoured by the merchant.

Vouchers cannot be combined with other offers unless stipulated by the merchant. No cash back or cash value can be given. Bookings may be necessary and are subject to availability.

For product deals it is the customer’s responsibility to enter the correct address details for delivery if required. It is the Merchants responsibility to deliver the product.

Wherever possible, we use merchants’ images of the service or item being offered. Where this is not possible, the images are for illustrative purposes only and may not be a direct representation.

Deals may be subject to change without notice and are subject to availability.

Refund Policy

It’s important to us that you are completely satisfied with your Deal or Think Local Package purchase. This page summarizes our current refund policies in effect. We always want you to be happy with your Think Local experience.

Cooling Off Period

We offer a cooling off period within the first 5 business days of any purchase on Think Local. If you change your mind you must contact a member of staff, in writing, within 5 business days to be eligible for a refund. If you have redeemed your voucher within this time, your right to a refund is exempt. Please email us at support@thinklocal.com.au to be issued a refund. Be sure to include your voucher code.

Merchant Not Honouring The Deal?

If you have trouble redeeming a deal voucher or you believe the deal has not been honoured as advertised check the Terms and Conditions of your deal. If the restrictions that the merchant has imposed on this voucher are not stated in the Terms and Conditions on the deal please contact us at support@thinklocal.com.au. If we believe that your complaint is justified, we will contact the merchant on your behalf or even refund the deal value. Any complaint received after the voucher expiry date will not be accepted. Only complaints received and acknowledged via email will be accepted.

Deal Expired

Each deal has an expiry date. You will find this printed in the T&C’s and on the voucher. You must use your voucher by this date. Some merchants may still accept your voucher after expiry, so give them a call and try your luck!

We are unable to refund a deal where the deal has expired or the complaint has been received after the expiry date as stated on the voucher.

Lodging a Complaint

To lodge a complaint email us at support@thinklocal.com.au. Be sure to include your voucher code. Any complaint received after the expiry date on the voucher will not be accepted. Only complaints received and acknowledged via email will be accepted.

Business has Closed

You will promptly get a refund, provided you contact us prior to the expiry date as stated on the voucher.

COVID-19

Think Local is committed to the safety of our staff, businesses and customers. With the ever-changing situation of the pandemic, the Think Local deals, promotions and events which are advertised are subject to change at any time and may not, despite all efforts, be a current reflection of the businesses current situation.

Please contact the business directly to check open times and availability. If you have purchased a deal which is impacted by government restrictions, please contact the business to arrange an extension to the expiry.

Limitation of Liability

Think Local will not be liable to you in respect of any loss or damage which may be suffered or incurred by you or which may arise either directly or indirectly or in respect of your use of the site. To the extent permitted by law Think Local shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Think Local has been advised of the possibility of damages. Without limitation, Think Local will not be liable to you for losses arising directly or indirectly from any:

Failure by Think Local to provide the site;
For any corruption to or loss of data;
Errors or interruption to the site;
Defects, faults or viruses;
Changes, suspension or discontinuance of the site;
Failure to make any changes or improvements to the site;
Use or results of the use of the site or the materials made available as part of the site which are not correct, accurate, timely, or otherwise reliable;
Threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights;
Content sent using and/or included in the site by any third party; or
Contractual or other relationship you enter into with any advertiser appearing on Think Local.

Exclusion of Warranties

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Think Local of goods or services which cannot be excluded, restricted or modified (“Non-excludable Rights”). Think Local does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Without limitation and excepting the Non-excludable Rights:

Think Local makes no express representations about the suitability, reliability, availability, timeliness and accuracy of the site for any purpose. The site is provided “as is” and to the extent permitted by law, Think Local hereby disclaims all warranties and conditions with regard to the site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Think Local does not warrant or make any representation regarding your access to, or the results of your access to, the site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Competition

General Terms and Conditions

For the purposes of these terms and conditions, the Publisher is Active Networks Pty Ltd, 117 Old Pittwater Road, Brookvale NSW 2100 ABN 73 124 398 769. For the purposes of these terms and conditions, the Promoter is the prize giver as detailed in the specific Contest Rules.

Competitions are open only to:

Persons aged 18 years or older. Proof of age must be shown upon request.

Competitions are not open to:

A person who is an employee, officer, servant or contractor of Active Networks or its related bodies or any of its agencies involved with this competition or any immediate family of the previously mentioned are not permitted to enter.

Immediate family means any of the following: spouse, de-facto spouse, child or step-child (whether natural or adopted), parent, step-parent, brother, sister, step-brother, step-sister.

A person who refuses to comply with or breaches any of these Terms and Conditions.

How to enter

How to enter will be detailed in the contest rules presented with each competition.

The competition will be governed by both the Competition General Terms and Conditions and the Contest Rules. The Contest Rules will be made available on the Site. To the extent that there is inconsistency between the rules contained in the Competition General Terms and Conditions and the Contest Rules, the Contest Rules will prevail. A person who enters a Competition agrees to be bound by both sets of Terms and Conditions.

Ownership of entries

Ownership (including intellectual property rights) in all entries (whether in written, audio or visual form, or a combination of those) is assigned to the Publisher upon submission of the entry and remains the property of the Publisher (subject to the limits contained in the Privacy Statement).

The Publisher may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of the Publisher.

Each entrant warrants that he or she owns the copyright and any other intellectual property rights and has full power and authority to agree to and grant the above assignment, consents and other rights to the Publisher.

How to win

The winner will be drawn on the specified date and notified by phone, email, social media or through various media channels, or as notified in the Contest Rules

All reasonable endeavours will be made to contact the winner. If the winner cannot be contacted within 14 days after the draw, the Promoter reserves the right to re-draw a winner from the entries which were received before the closing date for the competition.

How to win

The winner will be drawn on the specified date and notified by phone, email, social media or through the Peninsula Living and North Shore Living magazines, or as notified in the Contest Rules

All reasonable endeavors will be made to contact the winner. If the winner cannot be contacted within 14 days after the draw, the Promoter reserves the right to re-draw a winner from the entries which were received before the closing date for the competition.

Prize

Not withstanding anything else in these Rules, the Promoter has absolute discretion in awarding prizes in a competition.

Individual Prize values will not exceed $1000 and the total pooled value of prizes will not exceed $100,000. No prohibited prizes will be given away.

Prizes will only be awarded following winner validation and verification.

The winner of the competition will receive the prize as offered and it is not redeemable for cash or any other services.

The prize will be forfeited if the winner does not redeem or take the prize at the time and place stipulated by the Promoter. Should a prize not be claimed an unclaimed prize draw may take place no earlier than three months from the original draw date.

Should a prize winner choose not to accept the prize allocated by the Promoter, the prize will not be substituted with another prize.

Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize, or any element of the prize, are the sole responsibility of the winner.

The winner agrees not to sell or lease the prize, because profiteering from the prize, in part or full, is a breach of supply and action will be taken if misused.

The winner consents to the use of his or her name, photograph and entry for promotional purposes.

The winner is ineligible to redeem or take the prize if the winner does not comply with the terms and conditions of the competition.

The judges’ decision is final and no correspondence will be entered into.

Exclusion of liability

In the case of the intervention of an outside act, agent or event which prevents or hinders the Publisher’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, the Publisher may, in its absolute discretion, cancel the competition and, if appropriate, recommence it from the start on the same conditions.

The Publisher makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.

Where prizes are provided by a third party (the Promoter), the Publisher is not liable for the prize in any way. Any claim the winner may have regarding the prize and its fulfillment rests with the third party, Promoter and not the Publisher.

The Publisher is not responsible for prizes damaged or lost in transit, or late, lost or misdirected mail.
To the fullest extent permitted by law, the Publisher is not liable for, and all entrants release the Publisher from any liability arising out of or in connection with, any loss, damage, injury, action or claim (including consequential loss) suffered or incurred by entrants and the winner which arises out of or in connection with:

a. Any travel won on or connected with the prize or entry into the competition;

b. Participation in the prize or any element of the prize; or

c. The publication or broadcast of any material or statement by the Publisher, any employee, contractor or agent of the Publisher or any other person.

Release
As Active Networks PTY Limited are not involved in the actual transaction between winner and third party prize providers, in the event that you have a dispute with one or more prize providers, you release Active Networks PTY Limited (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disqualification

The Publisher reserves the right, in its sole discretion, to disqualify any individual for:

a. tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Publisher that in any way affects the fairness of the promotion;
b. if an entrant selected as winner is found to be in breach of any term of these Think Local Terms and Conditions or the Contest Rules, a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.

Privacy and Publicity

A person who enters a competition may be required to submit personal or confidential information about himself or herself (including without limitation his or her name, address, telephone number, e-mail address, marital status, occupation, spending preferences or any other such information) (“Personal Information”) to the Publisher. The Publisher will treat any Personal Information obtained from a person who enters a competition in accordance with the Publisher’s Privacy Policy.

The Publisher may:

refuse to accept an entry which does not contain all or any other of the Personal Information requested by the Publisher; or

record and use the Personal Information for its own marketing, planning, product development, promotional, broadcasting and research purposes, including but not limited to using the winner’s name, suburb of residence, likeness and a recording of the winner’s voice for advertising and promotional purposes.