These terms and conditions ("Terms", "Agreement") are an agreement between MD marketplace inc ("MD market place", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of https://offcoursemarketplace.com website include any current or future version of our website and our “Apps”.
Privacy, your personal data and cookies
Focus of services
The Website and our Apps’ main function is to aggregate, and provide a centralized booking point for, selected third party services providers who wish to offer their services for sale via our Website and our Apps (“Service Providers”).
The content and third party offers on our Website and our Apps are provided by us on an ‘as is’ basis and use of our Website and our Apps is at your own risk. We (nor any of our respective directors, officers, employees or agents) do not make any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on our Website or our Apps (including in relation to products or services offered by third parties).
Accessing our Website and our Apps
Access to our Website and our Apps is provided to you on a temporary basis. We reserve the right to withdraw or amend our Website or our Apps (and any products or services offered on them) without notice to you. We will not be liable to you if for any reason our Website, our Apps or any part of it or them is unavailable at any time or for any period.
Please note that we only provide our Website and our Apps for private use, and you agree not to use our Website or our App for any commercial or business purposes unless or until we have approved you as a Service Provider.
We update our Website and our Apps from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website or our Apps (or any part of them) at any time without notice to you.
You are responsible for:
- making all arrangements necessary to access and view this Website and our Apps and should ensure you have up to date anti-virus software on any device from which your access our Website or our App; and/or
- ensuring that all persons accessing our Website or our Apps through your internet connection are aware of these Terms.
We specifically reserve the right to withdraw access to our Website and/or our App and/or cancel any order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
Our Website and/or Apps will enable you to make bookings for certain services offered by our Service Providers from time to time (a “Booking”).
Booking criteria: You acknowledge that certain services offered by our Service Providers may be tailored to suit particular circumstances or may be based on certain criteria. You must not make a Booking where you are aware that your circumstances do not meet any criteria or conditions associated with the particular service requested in the Booking. You agree that each of our Service Providers reserve the right to reject a Booking or otherwise modify a Booking if, in their reasonable opinion, any criteria or conditions associated with the particular service requested in the Booking are not met.
Compiling your Booking: Once you select the service you wish to book from a Service Provider, you will be given the opportunity to submit your Booking. It is important that you check all the information that you enter and correct any errors before proceeding as once you do so we will process your Booking and errors made by you may not be able to be corrected by us. Once your Booking has been accepted, this represents an agreement between you and the Service Provider and the Service Provider has sole responsibility for the Booking and to perform the service to which the Booking relates. You must resolve any dispute regarding your Booking directly with the Service Provider.
Amending or cancelling your Booking: Once you submit your Booking and your payment has been authorized, you will be entitled to change or cancel your Booking via our Website and/or Apps 48h before the start of the service. After that period If you wish to change or cancel your Booking, you may contact the Service Provider directly or alternatively contact us and we will attempt to contact the Service Provider in order to communicate your requests. We do not guarantee that we will be able to reach the Service Provider or that the Service Provider will agree to your request.
Payment authorization: Where any payment you make is not authorized, your Booking will not be processed by or communicated to the relevant Service Provider.
Processing your Booking and Service Provider rejections: On receipt of your Booking, we will process it by sending it to the relevant Service Provider and we will notify you by email that your Booking is being processed. Any confirmation page that you may see on our Website or via our Apps and any Booking confirmation e-mail that you may receive each merely indicate that your Booking has been received and is being processed by us, and does not necessarily mean that your Booking has been accepted by the Service Provider. Service Providers have the discretion to reject Bookings at any time for a number of reasons. We encourage all our Service Providers to accept all Bookings and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Service Provider rejects your Booking.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against MD market place with respect to such other services. MD market place is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting MD market place to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only, and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Taxes: Prices for services offered by our Service Providers via our Website or our Apps will be as quoted on the Website in dollars or other relevant currencies. These prices include any applicable taxes (unless otherwise stated).
Incorrect pricing: It is possible that our Website or our Apps may include incorrect prices. This could be due to an error by us or by our Service Providers. You will not be obliged to pay a higher price for a Booking than what was advertised on our Website or our Apps. However, we cannot guarantee that the Service Provider will accept your Booking where the Booking either includes incorrect pricing and your Booking may be rejected.
Payment methods: Payment for Bookings may be made by an accepted credit or debit card or through payment agencies such as stripe through the Website or via our Apps.
Card payments: If you pay by credit or debit card, you may be required to show the card to the Service Provider at the time of appointment as proof of identification and so that they can check that the card conforms with the receipt data for your Booking. Please note that from time to time there may be delays with the processing of card payments and transactions such that the relevant amount is not immediately or promptly deducted from your bank account or charged to your credit or debit card.
Rejected Bookings: Once you have submitted a Booking that you are paying for by credit or debit card and your payment has been authorized, you will be charged the full amount of your Booking. If your Booking is subsequently rejected by the Service Provider or cancelled for any other reason, your bank or card issuer will refund the relevant amount to you. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Service Provider will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
Misuse of our Website or our App
You must not misuse our Website or our Apps by:
- knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or
- gaining or attempting to gain unauthorized access to the server on which our Website or our Apps are stored or any server, computer or database connected to our Website or our App; and/or
- attacking our Website or our Apps via a denial-of-service attack or a distributed denial-of service attack.
Breach of this clause constitutes a breach of these Terms and may also constitute a criminal offence under the Law. In addition to any rights under these Terms, we intend to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will exclude you from our Website and our Apps immediately.
If you are aged 18 years old or over, you may create an account and become a registered user of the Website and our Apps (“User”).
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
As a User you may have access to additional products or services and/or functionality, for example, the ability to create an account, save contact information, post user generated content (“UGC”) onto the Website or via our Apps, and receive information about promotions and special offers which are restricted to Users, if any.
Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy and applicable law.
We also have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of these Terms. If you know or suspect that anyone other than you know your username or password, you must promptly notify us at [email protected]
If and where the functionality of the Website or our Apps allows, Users or other visitors to the Website or our Apps that log into a social media account via any widget or interface available on or off the Website may post UGC to the Website or via our App.
Any UGC posted by you will be attributed to the username you provide or the username of the social media account you log in with but we will not publish your email address on the Website or via our App.
We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) you submit. We shall not be liable to you for any loss or damages whatsoever arising from our decision to refuse to publish (or to remove previously published) UGC.
We also reserve the right to close your User account and/or ban you from being able to post UGC to the Website or via our Apps if (in our sole opinion) you persistently and/or seriously breach the terms of the User Generated Content Policy.
Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not ours and we accept no responsibility for the content of any UGC.
If you find any UGC on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at [email protected]
You may only view, print out, use, quote from and cite the Website or any information, images, and other content (except for UGC) displayed on the Website or via our Apps (“Materials”) for your own personal, non-commercial use and subject to the condition that you must give appropriate acknowledgement to MD market palce as owner of the Website and the Materials.
Nothing in the above license impairs or restricts any author's moral rights in respect of the Materials.
We expressly reserve all intellectual property rights in and to the Website, our Apps and the Materials and your use of the Website, our Apps and the Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials; and/or
- use any Materials from the Website or our Apps in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or
- use, or cause others to use, any automated system or software to extract content or data from this Website or via our Apps (“screen scraping”), except in cases where you or any applicable third party has entered into a written license agreement directly with us that expressly permits such activity; and/or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Website, our Apps and/or the Materials for any commercial purpose, without our prior written consent by way of a license agreement.
We expressly reserve all rights in and to the www.offcoursemarket.com domain name and all related domains and sub-domains, the name “off course market”, our logo device, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website or via our Apps may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
This Agreement does not transfer from MD market place to you any MD market place or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MD market place. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of MD market place. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any MD market place third-party trademarks.
Linking to our Website
You may link to any page of the Website, for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or that (in our sole opinion) is otherwise objectionable.
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement by us of you or any activity or course of business you conduct. You must not remove or obscure (by framing or otherwise) advertisements, any copyright notice, or other information published on the Website.
If you would like to link to our Website for commercial purposes or any purpose not included above, or if you would like to become a Service Provider, please contact [email protected]
We reserve the right to withdraw linking permission at any time and without notice.
Third-party content and third-party websites
Our Website and our Apps contain advertising submitted by third parties and other third-party content. Those third parties are solely responsible for the content of any content submitted to our Website or our Apps and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third-party content.
Disclaimers and limitation of liability
Materials and information posted on our Website or our Apps are not intended as advice and should not be relied upon as such. We disclaim all liability and responsibility, to the maximum extent permitted by applicable law, arising from any reliance placed on such information by you.
To the extent that we become liable to you for whatever reason at law, you acknowledge and agree that we will not have any liability to you for the following types of loss (even if the loss is foreseeable): loss of income or revenue, loss of business, loss of reputation, loss of profits, loss of anticipated savings, loss of data or waste of management or office time.
The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.
We shall not be liable to you for any loss caused as a result of your actions or inactions based on the Materials available on this Website or via our Apps. However, nothing in these Terms shall affect your statutory rights, and nothing in these Terms seeks to exclude or limit liability that cannot be excluded or limited by us under Australian law.
To the fullest extent permitted by law, our liability to you for any reason whatsoever (including breach of a non-excludable condition or warranty implied or imposed by law) is limited, at our option, to:
- supplying the relevant services again; or
- paying for the cost of having the relevant services supplied again.
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. As a user, you are solely responsible for your safety and privacy if you decide to meet another user or service providor face-to-face or online. We are not responsible for or guarantee your safety and privacy or any aspect of the service relationship.
You agree to indemnify and hold MD market place and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, USA without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of California, USA.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in California, USA, and you hereby submit to the personal jurisdiction of such courts.
If you have any concerns or queries about material which appears on our Website or our Apps or if you have questions about your use of this Website, our Apps or these Terms please email us at [email protected]
User Generated Content Policy
All content submitted to our Website or via our Apps by you (or on your behalf) via your User account (or other social media account, if applicable), including without limitation, your name, your review of the services provided, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your “UGC” for short.
You agree to submit UGC to the Website and via our Apps in accordance with the following rules (in particular, the Legal Standards and the Community Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
Please note, any UGC you submit to our Website or via our Apps will be considered non-confidential and non-proprietary.
Rights, permissions & waivers
You hereby grant to MD marketplace inc and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2.
Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
- that all featured or identified individuals that are over the age of 18 have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps; and
- where featured or identified individuals are under the age of 18, that you either:
- are the parent or legal guardian or such featured or identified individuals, or
- have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps.
You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
Content standards – legal standards
Each time you submit UGC to our Website or via our Apps, you warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) does not:
- infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
- contain any material which is defamatory of any person; and/or
- contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
- breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
- advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
- contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material; and/or
- violate any other applicable law, statute, ordinance, rule or regulation,
(together, or individually the “Legal Standards”).
If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation.
Content standards – community guidelines
Each time you submit UGC to our Website or via our Apps, you warrant, represent and undertake to us that your UGC:
- is accurate, where it states facts; and/or
- represents your genuinely held opinion, where it states opinions (for example, in product or services reviews); and/or
- does not contain any material which:
- is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in Australia; and/or
- is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying); and/or
- is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety; and/or
- is sexually explicit; and/or
- advocates, promotes, assists or depicts violence; and/or
- advocates, promotes or assists any illegal activity or unlawful act or omission; and/or
- could be deemed to be unsolicited or unauthorized advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or
- gives the impression that it emanates from Activity Book or is endorsed or connected with us, if this is not the case,
(together, or individually the “Community Guidelines”).
Consequences of breach
We will determine (in our sole discretion) whether you have failed to comply with this User Generated Content Policy when you submit UGC to our Website or via our Apps. If we determine that you have failed to comply with this User Generated Content Policy, we reserve the right (in our sole discretion) to suspend you from using the Website and/or our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis.
In addition to our right to suspend your use of the Website and/or our Apps or remove your UGC, if you do not comply with this User Generated Content Policy and we suffer any loss or damage in connection with your failure to comply, you will be liable to us and you indemnify us for the full amount of any such loss or damage (including loss or damage resulting from any loss of income or revenue, loss of business, loss of reputation, loss of profits, or waste of management or office time) .This means that you will be fully responsible for any loss or damage we suffer as a result of your failure to comply with this User Generated Content Policy, including but not limited to our Legal Standards and/or Community Guidelines.
We also reserve the right:
- to pass on any UGC that gives us concern to the relevant authorities; and
- to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.
Changes to this User Generated Content Policy
We may change this User Generated Content Policy from time to time, in which case an up to date version will be available via the Website and our Apps. We will not separately notify you of any change to this User Generated Content Policy. You should check this User Generated Content Policy regularly to ensure that you are happy with any changes we may make. You will be deemed to have accepted any changes to this User Generated Content Policy and to have agreed to comply with our User Generated Content Policy that is current at the relevant time each time you submit UGC to the Website or via our Apps
Terms specific for Hosts
When creating a Listing through the offcoursemarket place you must:
- provide complete and accurate information about your Service (such as listing description, location, and calendar availability),
- disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements)
- provide any other pertinent information requested by Md market place.
You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your services. MD marketplace reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings in search results on the MD marketplace may vary and depend on a variety of factors, such as search parameters and preferences, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings.
When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User and are required to provide your Service(s) to the User as described in your Listing when the booking request is made. You also agree to pay the applicable Fee and any applicable Taxes.
MD market place recommends that service provider obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
Service providers are paid only after a session takes place.
You can cancel a paid package and no refund will be required for the sessions that didn't take place. You will not be paid also for these sessions as their paid amount will be refunded back to the client.
MD marketplace retains the rights to evaluate the reasons and conditions surrounding the cancellation from the service provider side. The company also retains the right to suspend or delete a service provider profile if the reasons or conditions surrounding the cancellation violates the ethics and values of the company.
Last updated January 17 2019