1.1 These are the contractual Terms of Use related to a Visitor to Eventify Fiji(the Website). 1.2 The Website is owned and operated by Done Deal Trading Ltd 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 through the Website, then you agree to be bound by these Terms of Use and the Privacy Policy published on the Website. 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. 1.5 Your use of this Website and these Terms of Use are governed by the laws of Fiji. 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. 1.7 DDTL 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. 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. 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. 1.10 You acknowledge you are over sixteen (16) years of age. 2.1 In accessing or using our Website you agree that you will not: 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. 2.1.2 Embed, frame or insert any portion of the Website into another website page or digital property without the prior written consent of the Website. 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. 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 2.1.5 Create a false identity or attempt to use another users account, password, system or service. 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. 2.1.7 Use any device, software, process or means to interfere or attempt to interfere with the proper workings of the Website. 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. 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. 2.1.10 Act in violation of any Term of Use or other condition posed by us or any applicable law. 2.1.11 Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right. 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 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. 3.1 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: 3.1.1 To give the Website and DDTL 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 DDTL Websites, related media and on any other platform. 3.1.2 That all the Website Content submitted to the Websites is accurate, not confidential in nature and is owned by you. 3.2 You agree not to submit, any of the following to the Website: 3.2.1 Any content or information of any type or nature which is incorrect or intentionally misleading. 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. 3.2.3 Any content or information of any type or nature which would constitute, encourage or promote instructions relating to any matters mentioned above. 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. 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. 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. 3.2.7 Unsolicited promotions, spam, advertising, political campaigning, competitions, links unrelated to the content and purely for the purposes of traffic. 3.2.8 Content containing commercial activities, including coupons, specials, advertising or any related activities without the prior written consent of the Website. 3.2.9 Links to content what may violate the sub sections above. 3.3 The Website and DDTL 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. 3.4 The Website and DDTL 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. 3.5 The Website and DDTL 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. 3.6 The Website Content does not represent the views of the Website or DDTL. 3.7 You hereby consent to give the Website or DDTL 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. 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. 3.9 The Website or DDTL bears no responsibility or liability for the outcomes of altered or removed Website Content. 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 DDTL. 3.11 The Website and DDTL reserve the right to share any and all Website Content with law enforcement agencies should this be required by law. 3.12 Website Content should not be regarded as a substitute for professional advice. 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. 4.1 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. 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. 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 The decision around engaging and transacting with the Businesses is yours alone. The Website and DDTL 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. 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. 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 DDTL, 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. 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. 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. 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. 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. 4.11 The Website and DDTL do not represent or endorse any Business listed on the Website in any capacity and make no representations on their behalf. 4.12 You must be at least sixteen (16) years old in order to contact Businesses via the Website. 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. 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. 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. 5.4 Visitors agree that certain records of their interactions with the Website will be maintained as deemed appropriate by DDTL in their Account and updated from time to time. 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. 6.2 The Visitor can manage and unsubscribe from these emails through their Visitors Account at any time. 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. 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 endeavor 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 DDTL are not liable for in any way for inappropriate or incorrect matching. 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 DDTL 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 DDTL. The Website or DDTL does not recommend or endorse any of the Businesses listed on Website. 7.4 You acknowledge that the Website and DDTL 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. 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. 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 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. 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. 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. 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. 7.11 You acknowledge that in certain circumstances the Website may be unable to offer Request a Service for various reasons. 7.12 You agree to abide by our Code of Conduct. 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. 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. 7.15 Where these is a dispute or you required a refund, you agree to contact the Businesses involved and not the Website 7.16 As the 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. 8.1 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 DDTL 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 DDTL. 8.2 All payments for these services need to be paid directly to the Business. 8.3 All support queries, refunds and cancellation need to be dealt with directly with the Businesss and not the Website or DDTL. 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. 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. 8.6 You agree all services provided by the Businesses listed on Website are subject to availability as set by the Businesses. 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. 9.1 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. 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. 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 DDTL 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. 9.4 The Website and DDTL bear no responsibility, and you bear the full responsibility for your reliance on the ratings and reviews on the Website, for any purpose whatsoever. 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. 10.1 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. 10.2 As the rankings are determined by data derived from Visitors actions on the Website, the Website or DDTL 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. 10.3 The Website or DDTL does not accept any form of reward or remuneration for these Awards. 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 DDTL. 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 DDTL makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Website and DDTL 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. 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 DDTL . 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. 13.1 The Website and DDTL 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. 13.2 The Website or DDTL 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. 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. 14.1 The Website and DDTL 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. 14.2 You hereby indemnify and hold harmless the Website and DDTL , 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. 14.3 The Website and DDTL 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 DDTL 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. 14.4 The Website and DDTL 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. 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. 15.1 The Website and DDTL 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. 1.1 Please read our Privacy Policy to understand how we treat and protect the information we collect, process and store from Website Visitors and Businesses listed on Eventify Fiji(the Website). 1.2 The Website is owned and operated by Done Deal Trading Ltd.. 1.3 We collect only the information we believe is necessary to deliver and improve our services, products and processes (see section 2 below). 1.4 By accessing, using or providing any content, in any way, to the Website you acknowledge you have read and agreed to this Privacy Policy and the Terms of Use published on the Website. Should you disagree or not accept any part of this Privacy Policy you should stop accessing this Website, and if you have an account you should deactivate it immediately. 1.5 Your use of this Website and this Privacy Policy are governed by the laws of New South Wales, Australia. 1.6 If any clause of this Privacy Policy is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted from this Privacy Policy. 1.7 DDTL reserves the right to change any or all of our Privacy Policy by publishing the new Privacy Policy 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 Websites will be subject to the most current version of this Privacy Policy. 1.8 Should you have any questions or feedback relating to this Privacy Policy, please contact us using the contact information on the Website and we will be happy to help. 1.9 Should you have a complaint regarding our Privacy Policy, or believe we have breached your privacy in some way, please contact us. Once we have received the necessary information, we will investigate the matter and attempt to resolve any breach that may have occurred in accordance with the relevant privacy regulations. 2.1 The type and nature of the information we collect ultimately depends on how you use the Website. 2.2 This information can include: 2.2.1 Any information provided or shared by you, for example your name, contact details, selections, preferences, responses, images, videos, social media profiles and any other text via registration, web form, email or any other means. 2.2.2 Feedback from users. Feedback is reviewed internally and where appropriate and relevant used in aggregate to make changes to the site with the objective of improving the user experience. 2.2.3 Ratings and reviews. Where these are in line with our ratings and review guidelines they may be published alongside business listings. 2.2.4 Posting or contributing articles, blog posts or other material on the Website. 2.2.5 We do not collect financial information unless this is required for the purposes of receiving payments or making refunds. All credit card information is managed by established and reputable 3rd parties. 2.2.6 Records of purchases and payments and other interactions where applicable to manage our business, our responsibilities under the law and our partners. 2.3 This can also include information generated by our platform including: 2.3.1 Certain log data including your IP address, date and time of access, network, browser, referral source (if applicable), pages visited and URLs, time on these pages and device type. 2.3.2 Analytics user information. Analytics software allows us to see the total traffic and the networks from where the Website is accessed and what areas of the Website are accessed amongst other things. 2.3.3 Cookies. Cookies are stored in Visitors browsers. We do not store any personally identifiable information in the cookie. 2.3.4 Where social plugins are used and operated by third parties such as the Facebook Like button, if you are logged in they may be able to determine your identity and link this to the usage of our Website. Likewise they may be able to record your interactions with the social plugin. 2.4 As this Website is aimed at visitors that are at least sixteen (16) years of age and we do not knowingly request or collect personally identifiable information from anyone under this age. Should we become aware of Visitors under 16 years of age, this information will be immediately deleted. 3.1 We use the information collected: 3.1.1 For registration and ongoing management and access to your account and any related functions including account access and customisation, business listing, request a service or booking , Premium Leads, e-commerce, payments and receipts, account authentication and messaging. 3.1.2 For when you have contacted and provided your contact and/ or other details to a business listed on the Website, the details and information you share as well as any related transactions will be visible to that business to allow them to contact you direct. 3.1.3 To facilitate “Request a Quote”, “Request a Service”, "Request a Contact", "Request a Booking" and “Contact me” functionality your contact details and any information you share about your requirements may be shared with businesses in your area or businesses deemed relevant to your request for their response. 3.1.4 For general and specific communications we believe will be of interest, including notifications, updates, newsletters, responses to queries, customer support and other matters we believe are relevant to your experience on the Website. 3.1.5 To personalise your experience on the Website including providing recommended features, content, social connections, referrals and advertisements. 3.1.6 To facilitate email communications which provide information to keep you informed and get the most from the Website. These emails can include special offers, upgrade information, reports, contact information, request a service or booking and Premium Lead related information to and from businesses listed on the Website, newsletters and any other system messages. You can unsubscribe or manage these emails by logging in and setting your preferences. 3.1.7 To assess if your business listing is relevant to other DDTL websites and to offer you a listing on these other websites. 3.1.8 To facilitate communications to allow Providers to contact you should you request a quote, request a service or other specific information regarding their business or services. 3.1.9 To facilitate communications and service delivery from third party partners who have integrated their software into our platform to provide additional features and/ or functionality. 3.1.10 To perform internal operations including improving the user experience and user interface, prevent fraud and abuse, troubleshoot software bugs, testing, internal data analysis, research, to analyse usage trends and develop new functionality and features. 3.1.11 To publish and manage reviews and ratings provided by visitors. 3.1.12 To facilitate any competitions, promotions, surveys, discounts or special offers where permissible and to process these competition or promotion entries and fulfil any related prizes, discounts or awards. 3.1.13 To facilitate the promotion or delivery of our services to our users. This can include promotional materials, direct marketing campaigns or newsletters relevant to the Website. 3.1.14 To engage in direct marketing, advertising or other promotions that may be of interest to you, including special offers from marketing or other partners. 3.1.15 To comply with our legal obligations, resolve disputes, enforce agreements with third parties and enforce our terms of use. 3.2 The Website and DDTL is committed to, and makes every effort to, abide by the privacy requirements in the geographies where the Websites operate. 3.3 It is our policy not to sell or share any personal information provided by users without their permission. Circumstances under which we may disclose such information includes where we are required to by law or receive a request from a relevant law enforcement agency. 4.1 Cookies are small text files automatically placed on your computer when you visit a website and stored in your browser. Cookies contain very basic information about your Internet use. The Website and DDTL use cookies in the following manner: 4.1.1 To track the pages of the Website visited to analyse and improve the user experience, customer support, product development, fraud detection and compliance. 4.1.2 We may also use them, and other related technologies such as a device ID, to facilitate targeted advertising for you on our Website or on third party websites. 4.2 We do not store any personally identifiable information in the cookie. 4.3 You can refuse to accept cookies by turning them off in your browser, but certain functionality within the site may be limited as a result. 5.1 By logging in to your account you can update, correct, or change any information including images, links and text included in your account. You can also deactivate your account. Please note that after deactivating your account, reviews and similar postings created by you may remain publicly available on the Website. 5.2 We endeavour to ensure all information about you is correct. If you believe this information is incorrect, please log in to your account to correct it or contact us. 6.1 We recognise the importance of protecting personal information and are cognisant of the Privacy Laws and Regulations of the country that the Website operates within. 6.2 We do not collect sensitive information including race, religion, ethnicity, political opinions or associations, criminal records or health information intentionally, other than where certain questions relating to health may aid a provider in responding to a request for service or appointment. In these cases the user has the option of including or not including information of this nature at their discretion. 7.1 All information provided to us is stored on dedicated and secure servers operated by reliable third party vendors in protected and controlled hosting facilities. 7.2 We are continually updating and implementing new measures to ensure your information is protected. We note however given the nature of transmission over the Internet and the storing of electronic information that no method can be 100% secure so we are unable to guarantee the safety and security of the personal information that we store. You can help by regularly updating your password and immediately reporting any abnormal behaviour. 7.3 All Website and DDTL staff have confidentiality clauses in their employment contracts, and understand the importance of privacy. 8.1 Where the Website or DDTL is involved in any merger, acquisition, reorganisation, sale or bankruptcy event we may sell or transfer all or part of our assets which may include your personal information. In this event, if we have your email address, you will be notified and may become subject to a new privacy policy. Businesses and Visitors will be polite, courteous and honest in all interactions. Businesses and Visitors will not engage in any misleading, discriminatory or offensive behaviour toward each other or toward DDTL staff at any time. Businesses and Visitors will be reasonable, responsive, helpful and timely in their interactions to fulfil the intended objectives of both parties. Businesses will honour prices quoted and obligations agreed to. Businesses and Visitors will arrive on time for agreed appointments. Businesses will deliver quality and professional services/ work in line with professional standards or product instructions. Businesses will complete the service or work that has been quoted and paid for. Businesses will comply with applicable safety regulations. Visitors will pay the fees agreed for the services delivered. Businesses and Visitors will ensure our Ratings and Reviews guidelines are followed when posting reviews. Breaching this code of conduct can result in warnings or termination, subject to our Terms and Conditions and Terms of Use. ________________________________________ We love getting feedback about your experiences and appreciate all contributions to our website in the form of ratings and reviews. While these add value to the overall community, we also want to ensure that we keep our community safe and the website trustworthy. Please read these guidelines carefully before adding your ratings and reviews and make sure you abide by them at all times. Where ratings and reviews are reported as inappropriate and they contravene our ratings and reviews guidelines, they will be removed. If you are providing a rating and/or review, we reserve the right to either not publish or to remove the rating and/or review at our sole discretion should they NOT meet the following guidelines: 1. The product or service has been used or experienced by the reviewer 2. The reviewer is older than 16 (sixteen) years of age 3. Does not impact on the privacy of others 4. Does not include any hate speech, threats, personal insults, prejudiced or sexually explicit language 5. Does not describe participation in or suggest any illegal activities 6. Does not include profanities or other inappropriate language or content 7. Not promotional or of a commercial in nature 8. Not fake 9. Not irrelevant and/ or unhelpful (Please avoid personal opinions about politics, religion race or other social issues) Other important information - Visitors • You need to give us your email address and a password before you can provide a review • You will need to ensure any contact details provided are correct • You can report a review using “Report Review” link next to the review you want to report Click here to read the full Terms and Conditions for businesses. Other important information - Businesses • If your business receives a review you will be notified by email, using the email address recorded on your business listing account. Please ensure that your business information is always accurate, and we recommend regularly checking your spam folder for these alerts. We cannot be responsible for missed email notifications. • Businesses have the opportunity to read and respond to ratings and reviews in the Business Member’s area. • If you believe a review is incorrect or misleading please use the contact us details to let us know. Please confirm in your email whether you feel the review is incorrect or misleading and include as much information as possible to support your claim. Click here to read the full Terms of Use for visitors. 1.1 These are the contractual Terms and Conditions (the Agreement) related to any business or individual creating or claiming a free or featured Business Listing (the Member) on Eventify Fiji (the Website). 1.2 The Website is owned and operated by Done Deal Trading Ltd 1.3 The Member acknowledges that they 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 term of this Agreement. 1.4 The Members use of this Website and these Terms and Conditions are governed by the laws of New South Wales, Australia. 1.5 If any clause of these Terms and Conditions 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. 1.6 DDTL reserves the right to change any or all of our Terms and Conditions by publishing the new Terms and Conditions on this Website and without specific notice to the Member. DDTL thus recommends that Members check back on a regular basis for changes. A Members usage of any part of the Website will be subject to the most current version of these Terms and Conditions. 1.7 Should a Member have any questions or feedback relating to these Terms and Conditions or the Website, please contact us using the contact information on the Website and we will be happy to help. 2.1 By creating a Member Account on the Website you agree to the following terms: 2.1.1 That you will at all times abide by these Terms and Conditions 2.1.2 That you will keep your username and password by which you access the Members Area confidential and secure at all times 2.1.3 That you accept all liability for any unauthorised use of any username and password issued 2.1.4 That you will provide accurate and up to date contact information and email address 2.1.5 That you are at least 16 (sixteen) years old 2.1.6 That you are creating this account as an operating business that provides products and services to customers on a commercial basis and not as an individual. 2.1.7 Should a Visitor request that we delete their information in accordance with privacy regulations, where this information was previously available in your business Member Account, this may no longer be the case. 3.1 The Member can use the Website to add a Business Listing to the Website and amend and update that Business Listing on an ongoing basis, only if done in accordance with this Agreement. 3.2 The Member must not create, add, amend or update a Business Listing or any related content on the Website without the express authorisation of that business to do so. 3.3 The Member agrees that all content submitted to the Website by them or on their behalf, is authorised, belongs to the Member and does not breach any law or legal requirement. 3.4 The Member acknowledges that all content added to a Business Listing on the Website must: 3.4.1 Be accurate, on-topic and complete 3.4.2 Not be misleading or deceptive or likely to be misleading or deceptive 3.4.3 Not include information that is defamatory, fraudulent, infringes on the intellectual property or copyright of other third parties or would in any way expose the Website or DDTL to any liability, legal proceeding or any other sanctions 3.4.4 Not be of a nature to bring the Website or DDTL into disrepute 3.4.5 Comply with all relevant country, state and local regulations, laws and standards and all industry rules and regulations 3.4.6 Be allocated to the correct categories and locations 3.4.7 Be authorised and allowed in respect of the services represented 3.5 The Member acknowledges that they have read and agree to be bound by the terms related to Website Content as outlined in the Terms of Use on this Website. 3.6 The Member is responsible for all the content in their Business Listing and any errors or omissions in their Business Listing, whether intentional or unintentional. 3.7 The Member is responsible for keeping their Business Listing up to date with new and relevant information. 3.8 The Member agrees that any information, pricing, promotions, special offers, events, images, videos or illustrations included in the Business Listing on the Website must accurately depict the services and products available and not inflate the service or misrepresent the services or products, or capability of the business to provide the services or products in any way and the Member understands that Website Visitors will rely on this information when selecting a provider. 3.9 The Member agrees that all content submitted to the Website must be suitable for viewing by minors, must not be obscene, false, misleading, defamatory or deceptive in anyway and must not contain pornography, adult and sexual content, sex related merchandising or nudity. 3.10 The Member agrees that all submissions of content in any format to the Website will automatically be granted a perpetual, irrevocable, transferable, royalty free licence (including rights to sub license) to use, reproduce and republish in any media or format without restriction. 3.11 The Member agrees that they are solely and wholly responsible for delivering and providing the services and products listed by the Member on Website and the Member certifies that they are professionally competent, experienced and qualified to deliver these services and products. 3.12 The Member confirms and certifies that they have all the necessary legal requirements in place for their business including but not limited to certifications, licences, risk and safety management and insurances in place with respect to the services and products that they offer and the business that they operate. 3.13 The Member agrees that where categories exist on the Website which might be limited to professionals holding certain qualifications only, such as a physiotherapist or podiatrist that they will not hold themselves out as holding that qualification in any content submitted and not attempt to list their business in one of these categories. 3.14 The Member agrees to maintain their own terms and conditions and privacy policy, relating to the products and services they provide and ensure that Website Visitors, potential customers and customers are aware of these and that Members abide by these with respect to any contact and other information received and products and services provided. The Member agrees to ensure that the above terms and policies comply with all relevant and applicable laws, regulations, policies and requirements. 3.15 The Member agrees that their terms and conditions shall not conflict with the Website terms and conditions, and if they do, that they agree to abide by the Website terms and conditions. 3.16 The Website has the sole discretion to decide which businesses it will allow to list on the Website. 3.17 The Website has the right to remove or amend any Business Listing or any content provided in a Business Listing, for any reason at any time, at the sole discretion of the Website, without the need to provide notice or an explanation and without any damages applying. 3.18 The Member authorises and consents to the Website contacting them via any of the contact information provided by the Member (including phone and email), for any purpose related to the running and management of their account and the providing of any information including but not limited to new and changed Website features, special offers , Premium Leads, ratings and reviews and any marketing and promotions by the Website or its partners. 3.19 The Member agrees that DDTL can contact them via any of the contact information provided by the Member (including phone and email), for the purpose of providing the Member with information about other websites owned and managed by DDTL which may be applicable to the Member. 3.20 Generally Premium Leads are provided to Featured Listings, but on occasion Premium Leads are provided to all Members. By accessing a Premium Lead the Member agrees to all the specific terms and conditions related to Premium Lead Program as outlined in Section 6 of these terms and conditions. 3.21 The Website has the right to terminate this Agreement and remove any Business Listing from the Website if any term of this Agreement or the Code of Conduct is breached. 4.1 All of the points in the above section related to free Business Listings apply equally to Featured Listings. 4.2 The Member may not apply for a Featured Listing on the Website without having the express authorisation of that business to do so. 4.3 Featured Listings offer additional benefits and features as outlined on the Packages page on the Website. These are subject to change from time to time. 4.4 Featured Listings require a monthly payment of fees to the Website. The fees for Featured Listings are as stated at the time of viewing on the Packages page on the Website and exclude additional local taxes including but not limited to valued added taxes or goods and services taxes. 4.5 Monthly payments for Featured Listings will continue to be charged to the Member by the Website on a monthly basis, until cancelled by the Member. 4.6 Payments for Featured Listings are made in advance for the following month. 4.7 The monthly payments for a Featured Listing will be shown as “The Digital Company” on your credit card statement. 4.8 Featured Listings will receive access to a number of Premium Leads as part of their Featured Listing package By accessing a Premium Lead the Member agrees to the specific terms and conditions related to the Premium Lead Program as outlined in Section 6 of these terms and conditions. 4.9 The Website will provide a refund of the first months Featured Listing payment for all new Featured Listing sign-ups if a Member is not happy with the service provided and this is claimed within 30 days of sign-up to a Featured Listing. 4.10 Featured Listings will be given priority in the search results and across all areas of the Website based on the amount and quality of information provided to the Website and the Featured Listing package they have signed up for. If all of this is equal, the search results will be randomised so there is thus no guarantee that a Business Listing will always appear first in a set of featured search results. 4.11 In relation to feeds from Facebook and Twitter shown on Featured Listings, the Website is not responsible for any changed or removed functionality due to changed terms and conditions from these providers. 4.12 All information provided by the Website or DDTL in relation to potential increases in leads and visibility from Featured Listings are based on the average increases that have historically been achieved across all the businesses across all the DDTL Websites. A Member should take into account that increases for individual businesses may vary significantly from the averages provided. The Website or DDTL is not liable in any way if increases in leads and visibility are not realised from a Featured Listing. 4.13 The Member is responsible for paying and managing all taxes including national, state and local taxes applicable to their business and country. 4.14 A Featured Listing can be cancelled at any time. The effective cancellation date will be the day before the next payment is due, being one month after the previous payment date. The business will remain on the Website as a Featured Listing until the next payment date and no refunds will be made for the time period between being notified of cancellation and the next payment date. 4.15 The Website has the right to terminate this Agreement and remove any Featured Listing from the Website if monthly payments are not made or any term of this Agreement. Payments up to the termination date will remain due and payable by the Member. 1. The Member acknowledges that ratings and reviews are provided by independent third parties and not by the Website or DDTL and as such that the views included in any ratings and reviews are solely those of the third party providing that rating and review, and as such any potential, actual or other damages or liabilities whatsoever which may result in any way from any rating or review shall be between the Member and the aforesaid third party. 2. The Website and DDTL accept no responsibility or liability for actions taken or not taken by any party with respect reliance on ratings and reviews and any liabilities or damages whether actual or envisaged which may arise as a result of any rating or review placed on the Website. 3. The Website or DDTL is not liable in any way if a Visitor to the Website provides a negative review or in any way defames a Member listed on the Website. 4. The Member acknowledges that while the Website requires Visitors to the Website to create an account in order to provide rating and reviews, it may not always be possible to physically identify or contact the aforesaid Visitor if they have provided false or incorrect information or the information they have provided has changed and they have not updated their account details and as such that in certain circumstances we may be unaware which of the above scenarios has occurred. 5. The Member agrees to review, report or respond to ratings and reviews as appropriate that are posted on the Website to ensure a fair and reasonable view of your business and its products and services is presented and maintained at all times. The Member agrees that all such responses shall be in a professional manner and in accordance with the Ratings and Reviews Guidelines as outlined on this Website. 6. When a new rating or review is received, the Website will email the Member at the email address we have stored in the system. It is the Members responsibility to ensure the email address the Website has in the system is correct and up to date and that these emails are not being missed by being placed into an alternate folder or inbox by your email software which may result in them being delayed or missed, and that the Member actively and regularly reviews these emails and actions them. 7. The Member acknowledges that ratings and reviews from Visitors to the Website and any responses provided by the Member are provided to the Website with a perpetual, irrevocable, transferable, royalty free licence (including rights to sub license) to use, reproduce and republish in any media or format without restriction. The Member agrees: 1. Not to post ratings and reviews about their own or a related parties business. 2. Not to post fake ratings and reviews about competitors. 3. Not to influence or encourage rating and reviews by anyone about their business, products or services who has not experienced or used them. 4. Not to influence or encourage friends and family to post rating and reviews without disclosure. 5. Not to influence, encourage or pay for rating and reviews by third parties on behalf of yourself or your friends and family. 6. The Member agrees to contact us immediately should they believe a rating or review is incorrect, fake or misleading using the contact information on our site. 6.1 Any Member accessing a lead via the Premium Lead Program agrees to all the specific terms and conditions related to Premium Leads included in this section. 6.2 The Website facilitates the process of matching businesses listed with potential customers through our Premium Lead program, which includes both potential customers requesting a service or requesting a booking. Information provided by DDTL to Members about potential customers should only be used for the purposes specified in these terms and conditions and be treated in accordance with the Members privacy policy and relevant regulatory requirements. 6.3 All Businesses listed on the Website can participate in the Premium Lead Program at their own discretion. Businesses choosing not to participate can either ignore the lead opportunities sent to them or turn off the lead notifications in their Members area. 6.4 The Member agrees and accepts that as part of the Premium Lead Program, they are accessing the lead contact information and are not purchasing an already converted customer. It is the sole responsibility of the Member to convert the lead to a customer for their business. 6.5 It is the sole responsibility and decision of the Member or the authorised Members representative whether to access any Premium Lead. 6.6 It is the sole responsibility of the Member to provide sufficient and accurate information about their business, services, availability and pricing as well as communicate this and any additional information in line with the Website Terms and Conditions to potential customers, thus allowing a potential customer to make an informed decision in assessing which business to select when contacted as a result of the Premium Lead program. 6.7 The Member agrees and accepts that the lowest price or best quote may not always be selected by the potential customer and the Website takes no part in this selection process. 6.8 All details, terms, quotes and agreements are between the Member and the potential customer and do not involve or implicate the Website in any way whatsoever. 6.9 The Member agrees to respond to any Premium Leads accessed in a timeous, polite and professional manner. 6.10 The Member agrees not to store longer than required or reuse the information provided by the Premium Leads for any purpose whatsoever, other than related to the specific request provided and shall comply with relevant Privacy Laws in this regard. 6.11 The number of Premium Leads a Member may or may not receive is dependent on numerous factors beyond the control of the Website and as such the Website makes no guarantees or warranties with respect to the number of Premium Leads that may be received on a monthly basis. The number of Premium Leads as outlined on the Featured Listing packages page are meant as an indicative guide only. 6.12 Featured Listings will receive a number of Premium Leads as part of their Featured Listing package. If the number of Premium Leads received in a month is less that the maximum amount per the Featured Listing packages, then this shortfall cannot be rolled over into the next month.. In this case, a month means the monthly period of the particular Featured Listing package, which can start and end anytime in a calendar month. 6.13 The Member agrees that no refunds will be made for any Premium Leads accessed by a Member. 7.1 A Member can request to add a booking widget or a link to a booking widget to their Business Listing, if allowed by their Featured Listing package. 7.2 The Member is responsible for managing the complete end to end booking process including but not limited to types of services provided, availability, pricing, changes, cancellations, payments and refunds. 7.3 DDTL is only responsible for adding the booking widget or link to the relevant Business Listing. 7.4 A Member providing online bookings on the Website agrees to add sufficient and accurate information about their business, services, availability and pricing to allow a Visitor to the Website to make informed decisions to book and pay for a service. 7.5 All content provided by the Member in any part of the Online Booking System must abide by the terms as outlined in this Agreement. 7.6 By setting up online bookings on the Website, the Member agrees to provide the stated services at the stated time, date and price provided agreed. 7.7 The Member agrees that all prices included on the Website and in the Online Booking System are the final price and not a partial price and are listed inclusive of GST. 7.8 The Member agrees to keep the online booking diary up to date at all times including services, availability resourcing, pricing and any other information required. The Member is responsible for ensuring that all information related to online bookings is correct and up to date. 7.9 The Member agrees to maintain their own terms and conditions and privacy policy relating to the services they provide and ensure that Customers are aware of these. The Member agrees that their terms and conditions shall not conflict with the Website terms and conditions, and if they are, that they agree to abide by the Website terms and conditions. 7.10 The Member agrees that they are contractually bound to deliver the service at the time and place of the online booking made through the Online Booking System. 7.11 The Website or DDTL 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 the Member providing access to their booking systems and visitors to the Website making online bookings. 8.1 Where a Member of the Website is a member or is affiliated with a relevant professional, industry or similar association, the Member must at all times ensure that their listing information, business details and all content of any nature submitted to the Website complies with the rules and regulations of that specific association. 8.2 The Website may from time to time request proof of membership to include a Member in a certain category on the Website. 8.3 Where a Member breaches these terms, they shall be held liable for any penalties incurred by the Website or DDTL as a result of such breach. 8.4 The Website reserves the right to reject any request to participate in the Association Program. 8.5 As part of the Association Program, associations can earn 15% off the list price (before GST) of each of their members’ upgrade. This includes upgrades to any of the featured packages advertised on the Website. 8.6 To be eligible for this 15% revenue share, associations must prove the upgraded business is an active member of their association and ensure their members upgrade their listing using the discount code provided to the association by the Website. The Website will contact the association to arrange the payment of the total revenue generated at the end of each month. 8.7 Association members can only receive a 15% discount for any package upgrade if they are proven to be members of the association and if they use the discount code provided to their association by the Website. 9.1 The Most Popular Awards for Members are determined by various criteria, including the levels of visits, engagement and positive ratings and reviews received by a Member from the Visitors to the Website in a calendar year compared to their local business competitors. 9.2 As the rankings are determined by data derived from Visitors to the Website, the Website or DDTL takes no responsibility for the order of the most popular rankings, their accuracy, or inclusion or exclusion of businesses from the Most Popular Award rankings. 9.3 The Website or DDTL does not accept any forms of reward or remuneration for these Awards. 9.4 The Website will not enter into any form of negotiation to alter or change the results, unless clear errors have occurred or specific requests are received to remove a listing. 10.1 The Website and DDTL 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. 10.2 The Website or DDTL 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. 10.3 The Member agrees 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. 11.1 The Website or DDTL 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 a Member accessing and using the Website, listing their business as a Free or Featured Listing , accessing Premium Leads or taking online bookings. 11.2 The Member hereby indemnifies and holds harmless the Website and DDTL and its directors, officers, employees, partners and agents from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by them, resulting from a Member accessing and using the Website, listing their business as a Free or Featured Listing , accessing Premium Leads program or taking online bookings.Visitors -Terms of Use
These apply to all visitors to the Website.
General Terms
Restrictions on use of the Website
Website Content
Reliance on Business Listings on the Website
Visitor Accounts
Updates and Newsletters
Request a Service or Booking
Bookings
Ratings and Reviews
Most Popular Awards
Third Party Links
Removal from the Website
Copyright and Intellectual Property
Warranties and Limitation of Liability
Force Majeure
Privacy Policy
These apply to all visitors and businesses accessing the Website.
General Terms
What We Collect
How we use this information
How we use cookies
How to access, change or delete your information
Respecting information privacy
Information security
Business changes to DDTL Code of Conduct
Code of Conduct
Ratings and Reviews Guidelines
These apply to all visitors and businesses accessing the Website.
Business Terms and Conditions
These apply to all businesses listed on the Website who have claimed their listing.
General Terms
Members Accounts
Business Listings – General
Business Listings – Featured
Ratings and Reviews
Premium Lead Program
Online Bookings
Membership of Professional or Industry Associations
Most Popular Awards
Copyright and Intellectual Property
Limitation of Liability