Terms and Conditions – Activity Provider
The following Terms and Conditions govern the use of the Playz website. By using this site, you are agreeing to be bound by the following Terms and Conditions that follow.
In these Terms and Conditions:-
“Activities” means the goods and services that the Provider is promoting or selling on the Site.
“Provider” or “you” means a Playz account holder promoting and/or selling its Activities through the Playz website.
“User” means the person or entity which uses the Site to either find and or book an Activity on his, her or its own behalf or on the behalf of others, such as children of the User.
“Site” means the Playz Website playz.com.au (ie. this site)
“Playz” means Playz Holdings Pty Ltd in its own right, it’s associated bodies, and includes any of its subsidiaries, affiliates, officers, directors, agents, other partners and employees.
“Playz Booking Fee” means the fee charged by Playz for services offered to the Provider under these Terms and Conditions.
Playz Processes and Rules
1. Playz is not liable for any additional Terms and Conditions that may be imposed by the Provider as part of managing an Activity for Users.
2. Playz cannot control and is not accountable or responsible for the accuracy of information provided by Users of the Playz website.
3. Playz is not liable for any loss or damage that may arise from the purchasing of Activities or any other use relating to this Site.
4. Provider agrees that it will not offer its services at prices lower than it is offering them on Playz.
5. Playz is not liable to exchange or refund an Activity booking. This is the sole responsibility of the Provider.
6. The Playz Booking Fees is applicable if the Playz Workz option is selected and are directly linked to activity prices and include credit card and or Paypal fees.
The fee is 3.4% of the purchase price + 0.30c per transaction, which is inclusive of Paypal fees and or Credit Card fees.
The Playz Booking Fees are not subject to negotiation.
Providers with their own online booking system can choose to have a link directly to their own system (Playz Linkz) from the playz “book now” button. This service has a fee of $10 per month per registered activity provider, including GST.
7. The decision to refund a User is the responsibility of the Provider. If the Provider has received payment through Paypal, the refund is to be managed through Paypal. User instigated refunds through Paypal are also the responsibility of the Provider.
8. Bookings made by Users on the Playz website are to be honoured by the Provider. If an Activity is cancelled, postponed or altered for any reason, no obligation is assumed by Playz for the arranging of any substitute, refund or other compensation, monetary or otherwise, which may apply.
9. The Provider will make every reasonable effort to keep information about its offerings and availability up to date on the Playz website
10. The Provider will not post their contact details, including phone numbers, email addresses, website addresses or third party booking web addresses on Playz except in the fields denoted expressly for this purpose. Specifically these contact details are not permitted to be entered in Activity Summary or Activity Description fields. Listings containing contact details not in the denoted fields may be edited to have these details removed or unpublished at the discretion of Playz.
11. Playz is in no way to be held responsible for the way in which the Activity is conducted, or the conditions under which the Activity is held, or any other issues that may arise from the Activity. However, if an Activity is deemed by Playz to be not socially acceptable in either its content or intent, then Playz reserves the right to ban an Activity or a Provider from further use of the Site. Playz also reserves the right to ban a Provider from further use of the Site for any reason or for no reason.
12. Playz has a core value that every child and young person has the right to play in a safe, health promoting environment. Playz reserves the right to ban an Activity and/or the Provider from further use of the Site if it is aware that a Provider or Activity is not meeting this value or for any other reason. Further the Provider acknowledges that it will not harm, wrongfully influence or threaten children in any way.
13. In the instance of a User booking an Activity, the Provider will be notified by email. Additionally the booking will appear in the Provider dashboard. It is the responsibility of the Provider to maintain a record of email notifications and associated data in the Provider dashboard. If any disagreement arises between a User and the Provider regarding the booking of an Activity it is the Provider’s responsibility to seek a resolution. The Provider in this instance is free to use Playz’s booking emails as proof of purchase, although any fraudulent misuse of these emails on the part of the Provider will not be Playz’s responsibility.
14. You, as the Provider, agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own use, and that you must not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review your business information and for the sole purpose of managing Activities, unless otherwise specifically authorised by Playz to do so. The content and software on this Site is the property of Playz and is protected by Australian and International copyright laws.
15. The Provider is responsible for ensuring all material posted or uploaded on the Playz website meets community standards and is not in breach of any law, threatening, harmful, harassing, defamatory, breaching any other parties privacy or rights or otherwise objectionable. The Provider agrees it will not upload, post or email any information that is not its own. Playz may terminate the account of any Provider who uses the Site to unlawfully transmit copyrighted material without a license or express consent, valid defence or fair use exemption to do so.
16. After confirmation through court order or admission by the Provider that it has used the Site as an instrument of unlawful infringement, Playz will, in addition to its other rights at law, terminate the infringing Provider’s account. Playz may also in its sole discretion, decide to terminate an Provider’s account prior to that time, if it is believed that the alleged infringement has occurred.
17. Provider must not:-
(a) upload, post or email any material that may impinge on a patent, trademark, copyright or property of any other party; or
(b) knowingly upload any virus, malware or other malicious software to the Site.
18. Any material you provide Playz or upload onto the Playz website will be provided to Playz royalty free to reproduce on our website and in promotional products.
19. By way of a general disclaimer, Playz cannot guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site and its content are delivered on an “as-is” and “as-available” basis. Playz cannot ensure that files you as the Provider download from the Site will be free of viruses or contamination or destructive features. Playz will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental and punitive and consequential damages. Provider acknowledges that Playz has not made any representations or promises to Provider and further acknowledges that Playz makes no guarantee of any specific result, or any result at all, from use of the Site.
20. The Site’s content may at any stage reference or link to third party sites throughout the internet. Playz has no control over these sites or the content within them. Playz can not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Playz does not endorse the content of any third party site, nor warrant that a third party site will not contain viruses or otherwise impact on you, the Provider’s, computer. If you use any of these links, you agree and understand that you may not make any claim against Playz for any damages or losses, whatsoever, resulting from your use of these links on the Site. Subject to the foregoing, if you have an issue with any link on the Site, please notify us at email@example.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
22. Except in jurisdictions where such provisions are restricted, on no occasion will Playz be liable to any Provider for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits, even if Playz has been advised of the possibility of such damages.
23. You, as the Provider, agree to indemnify and hold Playz, its subsidiaries, affiliates, officers, directors, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any:-
(a) third party due to or arising out of your use of the Site, including also the use of the Site to provide a link to another site or to upload content or other information to the Site.
(b) User or any person related to or associated with any User in connection with any act, neglect, omission, cancellation or breach of any nature committed by the Provider.
24. The Provider agrees not to use the Activity sales on Playz as a line of credit to fund your Activity.
25. Playz will make every effort not to publish any reviews by Users that contain defamatory or offensive language, however Playz is not accountable and takes no liability for the content of reviews posted by Users of the website. Providers or agents of, may not publish reviews of their own activities or those of their competitors.
26. The Provider is responsible for maintaining the confidentiality of its password and account information. Any suspected unauthorised use should be immediately reported to Playz.
27. Whilst every effort will be made to ensure the Playz website is fully functional at all times, there may be occasion where this is not the case. Playz will endeavour to restore functionality as quickly as possible if a disruption to our site occurs. Playz accepts no liability for loss of business or revenue from these events should they occur.
28. Prices provided to Users by Providers on Playz are to be inclusive of the Playz Booking Fee and any GST applicable.
29. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website (including, without limitation, the Fee-Based Products) or these Terms and Conditions shall be filed only in the state or federal courts located in Victoria and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
30. Playz may vary these terms and conditions at any time. Any changes become effective on posting. By continuing to use the Site after the terms and conditions have been updated you agree to be bound by these updates.
31. Any person using this Site may report any alleged violation of the Site’s Terms and Conditions to Playz by using the following email firstname.lastname@example.org. Playz will investigate any such claim and take any actions we deem appropriate at our sole discretion.