discover daylesford legal
Please take the time to read Discover Daylesford's terms & conditions. We know they're boring! However, they are important and legally binding.
TERMS AND CONDITIONS FOR THE USE OF THE DISCOVER DAYLESFORD WEBSITE
(Version 1.0 Feb 2020)
These user terms and conditions (hereinafter referred to as the “User Terms”) apply to any use of Discover Daylesford’s website (hereinafter referred to as the “Website”), including – but not limited to – www.discoverdaylesford.com.
In these User Terms, the words “we”, “us” and “ours” refer to Discover Daylesford.
These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
Our “Guidelines for the use of the Discover Daylesford Services” (hereinafter referred to as the “User Guidelines For The Use of Discover Daylesford”)
Our Copyright Dispute Policy, outlined below.
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.
THE SERVICES ON THE WEBSITE
1. Registered User
1.1 Discover Daylesford grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as “Registered User”).
1.2 You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you need a password. You choose your own password which must be used with your email address when logging onto the Website. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
1.4 During the registration process, you must choose a username. The username will be shown on the Website whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms “Guest”, “Admin”, “*.com.au”, “*.com”, etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at firstname.lastname@example.org.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated content (see 2.1) you have made on the Website.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2. User-Generated Content from Registered Users
2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the “User-Generated Content” or “UGC”) which you create on the Website as a Registered User. We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 Registered Users are liable for the UGC they publish on the Website.
2.3 Registered Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
2.4 UGC must relate to a company or organisation from which the Registered User has purchased or can otherwise document using the company’s or organisation’s products or services.
2.5 You may not publish UGC regarding companies to which you have personal or professional relations.
2.6 Registered Users must not, and must not allow any third party to, publish UGC on the website which
is of a marketing nature or has marketing purposes,
is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
has sexist, political or racial character,
violates other people’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
is offensive or in any way breaches any applicable local, national or international law or regulation,
violates these User Terms, including the User Guidelines,
reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or
is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Discover Daylesford receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we – dependent on the character of the violation – may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.
2.8 The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User’s UGC.
The Registered User must guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User’s violation of the User Terms or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website (“Feedback”), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by AU and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorised copying, distribution, presentation or other use of the Website or part hereof is a violation of AU law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
4. Personal data
5.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DISCOVER DAYLESFORD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Discover Daylesford may at all times investigate and edit (including anonymising) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC’s compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
6. Limitation of liability
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Other User Terms
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8. Term and termination
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9. Applicable law and venue
9.1 The User Terms and the relationship between you and Discover Daylesford are governed by the laws of the State of Victoria, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in Victoria, and the parties hereby consent to the jurisdiction of such courts.
10. Copyright dispute policy
10.1 It is Discover Daylesford’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Discover Daylesford has adopted a policy toward copyright infringement in accordance with the Copyright Act 1968 (posted at https://www.legislation.gov.au/Series/C1968A00063).
Notice and Procedure for Making Claims of Infringement
We respect the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a written communication addressed to us including substantially the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
Description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Please send these documents via email to email@example.com
11.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Discover Daylesford concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
11.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
12.1 You may contact Discover Daylesford via email at firstname.lastname@example.org
(Version 1.0 Feb 2020)
1. Collecting information on the Website
1.1 Master data
When you create a profile on the Website, we collect the following master data: Your username, your password and your email address. The purpose of the collection of this information is to identify you as a user when you log on to the Website. Furthermore, you can choose to add more information to your profile, such as your photo and demographic information.
When you make a review of a company, we collect the information you state in the review, including which company you review, which purchase(s) the review concerns, and how you evaluate the company.
1.4 IP addresses and browser settings
When visiting the Website, the IP address and the browser settings of your computer are registered. The IP address is the numerical address of the computer used when visiting the Website. Browser settings are e.g. the type of browser you use, browser language, timezone etc. The IP address and browser settings are registered to enable Discover Daylesford to trace the used computer in case of misuse or unlawful actions in connection with the visit on or use of the Website. Further, the IP address is used to derive your approximate location (city level).
If you sign up for Discover Daylesford’s newsletters, Discover Daylesford register the information supplied by you (e.g. your name, email address etc.). If you no longer wish to receive newsletters from Discover Daylesford, you can unsubscribe by clicking the unsubscribe link within the newsletter email.
1.6 Information from other services, including Social Network(s)
As part of our services, we provide you with the possibility of connecting your profile on the Website with your profile on social networks such as Facebook, LinkedIn, Twitter and Instagram (“Social Network(s)”). Some information about you will automatically be collected from Social Networks when connecting your Discover Daylesford profile with your profile on Social Networks.
The information collected from Social Networks depends on what information you have made available on the network and your privacy settings for sharing such information on the network. Depending on the settings, we may e.g. collect the following information about you:
Name and/or username
Date of birth
When you request to have your Discover Daylesford profile connected to a profile on a Social Network, you will be informed on which information we will collect from the network in question before your request is executed.
The purpose of collecting information from Social Networks is to connect members of your network, which are both users of Discover Daylesford and of one or more of the Social Networks, and thereby both increase the confidence in the reviews made by the members of the network as well as create a better user experience on the Website.
Discover Daylesford does not collect other personal identifiable information from visitors of the Website, unless the visitor provides the information to us.
2. Disclosure of personal data
2.1 Disclosure of data on the Website
Please note that your consent to these guidelines implies that your profile on the Website may not be anonymous.
When you create a profile on the Website, your username will be available for other users of the Website.
Other information provided by you on the Website, including photos and reviews, are automatically made available for other users of the Website. In some instances, the companies you review will also receive information about your review.
When you make a contribution to the Website your approximate city location (based on your computer’s IP address, see section 1.4, or based on location data provided by your mobile phone or other device) is made available to other users of the Website.
If you connect to a Social Network, information such as your profile photo, your name, year of birth and approximate location will be collected from your profile on the Social Network and used to identify you on the Website. Consequently, all users of the Website will, subject to information available from the Social Network, be able to identify the reviews created by you.
If your contacts or your contact’s contacts (jointly referred to as “Connections”) on the Social Network also have connected with Discover Daylesford, we may display on the Website how you are connected to these Connections through the Social Network.
2.2 Disclosure on services to which you connect your profile
If you choose to connect your Discover Daylesford profile with profiles on a Social Network information and reviews, cf. 1.2 provided by you on the Website or data compiled by us about your use of the services on the Website (e.g. number of reviews) will be shared with and displayed in connection with your profile on the Social Network.
2.3 Disclosure to other services
A main purpose of Discover Daylesford is to increase the exposure and the availability of the reviews made on the Website. Hence, we permit other services to show the reviews created on the Website thus increasing other consumers’ knowledge of your reviews.
The categories of third parties to which the information is disclosed are:
Search engines, including e.g. Google and Bing,
Operators of consumer portals and business portals, including price comparison websites, shopping guides etc.
Companies or services that have been reviewed on the Website or which have a relationship with Discover Daylesford
Operators of other similar websites or services where, in Discover Daylesford’s assessment, it will be relevant for the consumer to search for reviews.
Your review is disclosed as you make it available on the Website, which entails a disclosure of the following information:
Your reviews, cf. section 1.2.
Your username and, if available, profile photo as well as user demographics such as age and gender.
Your approximate city location.
2.4 Other disclosure
Discover Daylesford may be required to disclose information by a court order from a competent court of law or public authority in accordance with the existing legislation.
3. Data controller
3.1 The information for which Discover Daylesford is the data controller
Discover Daylesford shall be a data controller of the master data you enter in connection with your creation of a profile or registration for newsletters, i.e. your name, your password and your email address, as well as registration of your IP address.
Furthermore, Discover Daylesford shall be the data controller of the information which is disclosed to other services, cf. section 2.3.
3.2 The information for which you are the data controller
You shall be data controller of the content you choose to disclose on the Website and for the data disclosed on your profile on Social Networks, which is the consequence of the connection of your profile on the Website with your profile on the Social Network.
3.3 Links to websites
The Website contains links to other websites. Note that by clicking such links you will be transferred to other websites for which Discover Daylesford is not the data controller. We thus recommend that you always read the personal data policy of these websites, as their procedure for collecting and processing personal data may be different from ours.
4. Data processor
Discover Daylesford uses an external company for maintaining the technical operation of the Website. This company is the data processor with regards to the personal data for which Discover Daylesford is the data controller.
By accepting this personal data policy, you accept that Discover Daylesford also allows the data for which you are the data controller be processed by the same data processor.
The data processor shall solely act according to instructions from Discover Daylesford. By accepting these terms and conditions, you authorise Discover Daylesford to give such instructions to the data processor which are necessary for the processing of data in accordance with this personal data policy and for the purpose of use of the Website.
The data processor has made necessary technical and organisational safety measures against the information being accidentally or illegally destroyed, lost or deteriorated, and against the information coming to the knowledge of unauthorised persons, is misused or in other ways is processed in violation with the act on processing of personal data. On your request – and against remuneration of the data processor’s current hourly rates at any time for such work – the data processor shall supply you with sufficient information to demonstrate that the above-mentioned technical and organisational safety measures have been made.
Discover Daylesford may now or in the future process and/or store personal data in the U.S. If you access or use the Website, you consent to the transfer, storage and processing of your personal data in the U.S.
5. Security measures
Discover Daylesford will use commercially reasonable efforts to see that the recorded data, including the personal information, under its control is handled using appropriate security measures. Discover Daylesford regularly audits its system for possible vulnerabilities and attacks. However, since the internet is not a 100% secure environment, Discover Daylesford cannot ensure or warrant the security of information you transmit to Discover Daylesford. Emails sent via the Website are not encrypted, and Discover Daylesford therefore advises you not to communicate any confidential information through these means.
6.1 What is a cookie and similar technologies?
Cookies are small information units which the Website places on your computer’s hard disk, on your tablet or on your smartphone. Cookies contain information that the Website uses to make the communication between you and your web browser more efficient. The cookie does not identify you as an individual user but identifies your computer. There are two types of cookies – session cookies and persistent cookies. Session cookies are temporary bits of information which are deleted when you exit your web browser. Persistent cookies are more permanent bits of information that are stored and remain on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit the website.
The Website uses session cookies and persistent cookies.
We use similar technologies for storing and accessing information in the browser or device which utilises local units and local storage, such as HTML 5 cookies, Flash and other methods. These technologies can operate across all your browsers. In some cases, the use of these technologies cannot be controlled by the browser, but requires special tools. We use these technologies to store information to ensure the quality of reviews and to spot irregularities in the use of the Website.
6.2 What type of cookies do we use and for what purposes?
Measuring Website traffic i.e. number of visits on the Website, which domains the visitors come from, which pages the visitors visit on the Website and in which overall geographical area the visitors are located.
Improvement of the functionalities of the Website:
Optimising your experience with the Website, which includes remembering your user ID and password when you return to the Website so you do not have to log in again.
Connect with Social Media:
We give you the possibility of connecting with Social Media, such as Facebook.
Ensuring the quality of reviews and to prevent misuse or irregularities in connection with writing reviews and using the Website.
Displaying specific advertisements on the Website which we believe you will find interesting.
6.3 Third party cookies
Google Analytics: for statistical purposes. You can decline cookies from Google Analytics by clicking on this link: http://tools.google.com/dlpage/gaoptout
Facebook: Set by Facebook only if you interacts with the Facebook plugin or is already logged into Facebook from other source for the purpose of connecting and integrating with them.
Twitter: Set by Twitter only if you interacts with the Twitter plugin or is already logged into Twitter from other source for the purpose of connecting and integrating with them.
Facebook Pixel – used for targeted advertising on Facebook and Instagram. These cookies are used for retargeting and audience profiling and serve ads based on your prior visits to our Website in order to make advertising relevant to you and your interests. You can opt out of the collection and use of information for ad targeting using Facebook pixel by visiting <http://www.aboutads.info/choices>.
6.4 Deletion of cookies
If you want to delete the cookies already on your equipment, you can, if you use a PC or a more recent browser, press CTRL + SHIFT + DELETE simultaneously. If the shortcuts do not work on your browser, please visit the support page for the browser in question.
Please note that our Website will not work to its full extent if you delete the cookies.
7. Access, correction and deletion
Upon written request to Discover Daylesford via the contact information stated in section 9, Discover Daylesford shall inform you of the purpose of the processing; who receives the information and from where the information originates.
Requests regarding the above shall only be processed if more than 6 months have lapsed since your previous request, unless you can substantiate a special interest in obtaining the information earlier.
7.2 Correction and deletion
If you discover that the information which Discover Daylesford as the data controller process on you is incorrect or misleading, Discover Daylesford shall make the correction hereof on your request. We recommend that you – if possible – make the correction of such errors yourself.
You may at any time correct or delete any content and information on the Website for which you are the data controller, cf. section 3.2. If your personal data change, or if you no longer wish to appear on the Website, you may update or delete the information by logging on to your user profile.
When your profile is deleted, all the data associated with your user profile is deleted, including your master data and reviews on the Website. If you delete a review on the Website, the review is permanently deleted.
Discover Daylesford reserves the right to block the access to your profile and/or delete your profile, if the profile or the content of your profile on the Website in our assessment is discriminating, racist, sexually oriented, unethical, threatening, offensive, harassing or in other ways violates the legislation, third party rights or the purpose of the Website. If we block the use of your profile, you shall be informed hereon, as well as on the reason for blocking the access, by email to the address you have stated in your profile.
GUIDELINES FOR THE USE OF DISCOVER DAYLESFORD
(Version 1.0, Feb 2020)
These guidelines (the “Guidelines”) apply to any use of Discover Daylesford’s websites by our community, such as discoverdaylesford.com, discoverdaylesford.com/booknow and similar (“our Website”). We refer to users of our Website throughout the Guidelines as “you” and “your”.
Use of our Websites by companies is governed by Discover Daylesford’s Company Guidelines.
1. When can you write a review?
1.1 To write a review on Discover Daylesford, you need a user profile and account. You may only have one user profile and account. This must be attached to a valid email address that we can use at any time to contact you directly. In order to create an account at our Website you must comply with the requirements for Registered Users set out in our Terms and Conditions.
1.2 You can write a review on Discover Daylesford about your service experience, if you have had a buying or service experience with a company, an organisation, a web service, etc. (“the Company”), which means that:
you have purchased a product or service from or placed an order with the Company, or
you can otherwise document your use of the Company’s service, including via correspondence or other interaction with the Company.
(these are collectively referred to as “Service Experience” in the following).
1.3 You may not write a review about a Service Experience with a Company you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Company, or work for the Company.
Similarly, you may not write a review about a direct competitor to the Company you own, are employed by or work for.
1.4 Your Service Experience with the Company must have occurred within the last 12 months. This means within 12 months from the date on which you write the review. If you have signed up for an ongoing service, the Service Experience begins immediately upon sign up and continues until the service is no longer provided by the Company. You are free to write a review immediately after sign up or at any point up to 12 months after the service ends.
2. What should you write about?
2.1 You may only write about your own personal Service Experience. You are not permitted to write a review about somebody else’s Service Experience, such as that of a family member or friend.
2.2 Your review must reflect your own Service Experience from within the last 12 months. You are encouraged to be specific and factual, and include relevant points about your Service Experience, for example the customer service and other aspects such as the ordering process, delivery, size and fit.
2.3 If you have been offered an incentive by the Company to write a review, you should include information about this in your review. Incentives include the Company offering you a gift, reward, discount or advantage for writing a review about your Service Experience.
2.4 If a Company has multiple stores in different locations, you may specify in your review at which location you had your Service Experience.
3. When do we ask you to provide proof of your Service Experience, and what should you send us?
If we need to verify your review, we may contact you and ask for documentation that shows that you have had a Service Experience with the Company that you have reviewed. We therefore recommend that you keep such documentation for 12 months from the date of your review.
We explain the type of documentation you should send us here.
4. When can you edit your review?
You can update or edit your review at any time.
5. When do we ask you to change your review?
5.1 We may randomly censor, monitor or moderate reviews on our Website, either before or after reviews are published.
We run automatic checks for certain content that is not permitted in reviews, such as coarse language and links.
We have integrated into the Website two notification options in connection with any public review: (1) we can receive notifications from users that a review doesn’t meet our Guidelines, and (2) companies can report a review that doesn’t meet our Guidelines.
Collectively, we call these two options for notifying and reporting reviews “flagging”.
5.2 You can be asked to change your review if it has been flagged for any of the following reasons and we agree or cannot reject the report as unfounded:
Your review contains language that is accusatory and likely to be viewed as inflammatory, includes defamatory statements, or otherwise violates our Guidelines or applicable laws,
Your review contains violent or coarse language, or has a sexist or racial character,
The content of your review appears to be solely concerned with ethical, political and/or value-laden opinion,
Your review includes personal information about another individual, such as a person’s name, address, phone number, email address, credit card information or any other information that could be used to track, identify, contact or impersonate someone,
Your review includes promotional references or links, or
Your review exclusively describes the website’s layout.
6. When do we remove your review?
As a general rule, we do not remove reviews from our Website. However, we reserve the right to remove reviews that we determine violate these Guidelines, our Terms & Conditions* and/or applicable laws or regulations, or reviews that are inappropriate for an online review community. Examples of when we may remove your review include, but are not limited to:
We ask you to change your review and you don’t do so within the specified timeframe.
We ask you to send us documentation showing that you have had a Service Experience with the reviewed Company (in accordance with clause 3) and you don’t provide sufficient documentation within the specified timeframe.
Your review doesn’t appear to be based on a genuine Service Experience (e.g. it is a fabricated review, see clause 11 below)**.
Your review violates other people’s or companies’ rights, including intellectual property rights, rights of privacy/confidentiality and/or personality rights.
Your review is of a marketing nature or has marketing purposes.
You are, or work for, a competitor to the Company you have reviewed***.
You are an employee of (or work for) the Company you have reviewed, you are or have previously been an owner of the Company, you are an executive of the Company, or an immediate family member to the Company’s owner***.
You have created multiple profiles to review the same Company multiple times**.
We need to delete your user profile (see clause 8 below) which means that by default, your review(s) attached to that profile will also be deleted.
*Please read our terms and condition.
**This only applies to Service Experiences and not to Products. See the definition of “Product” in clause 14 below.
***With respect to Product reviews, “the Company” means the manufacturer of the Product that is being reviewed. See the definition of “Product” in clause 14 below.
7. When do we block your account and what does that mean?
We may block your account if you are misusing our Website or services. This can include, but is not limited to, excessive use of the notification option (flagging a high number of reviews without justification), writing fabricated reviews, threatening or abusive behaviour (see clause 12 below), spamming our Website with marketing material, or violating these Guidelines or our Terms & Conditions.
If we block your account, it will not be possible for you to sign in to our Website and use our services, including writing and notifying us about reviews. Your user profile will still exist and your reviews will stay online, but you will be unable to use our services. If your account is blocked and you want to delete your profile or reviews, you can send an email to email@example.com and we’ll assist you.
8. When do we delete your profile and account?
As a general rule, we don’t delete user profiles and accounts. However, we reserve the right to delete your profile and account if we believe that you are violating or have violated our Terms & Conditions, Guidelines and/or applicable laws, or if your profile is offensive or inappropriate.
Examples of when we may delete your user profile and account include, but are not limited to:
It is not attached to a valid email address, including if the provided email address has expired or is no longer accessible by you. We need you to sign up to our services using a permanent, personal email address because we may need to get in touch with you. This means that we do not accept the use of temporary or disposable email addresses. If you have used such an email to create an account then we will delete your user profile and account.
Your user profile contains an offensive or inappropriate picture or username.
Your user profile or account has been used to create fabricated reviews or otherwise misuse our Website or services.
You have created multiple user profiles. You may only have one user profile on Discover Daylesford. If you create more than one user profile we will ask you which one you want to keep and we might delete the other profiles. If you don’t get back to us within the specified timeframe, we will remove all but one of your profiles at our discretion.
If your user profile and account is deleted, the reviews attached to that user profile and account will also be deleted.
9. Misuse of the notification function
All Discover Daylesford users can notify us about reviews that violate these Guidelines (or applicable laws). However, we consider misuse of the notification function a material breach of our Terms & Conditions.
Examples of misuse include, but are not limited to:
Carrying out unfounded or incorrect notification of many or all of the positive reviews of a Company that you have had a negative Service Experience with
Carrying out unfounded or incorrect notification of many or all of the negative reviews of a Company that you have had a positive Service Experience with, or have a special relationship to, or
Notifying us about the same review multiple times when it has already been assessed in accordance with our internal quality process, except in certain exceptional circumstances.
10. When do we move your review from one company profile or location to another?
As a general rule, we don’t move reviews from one company profile or location to another.
But if we are notified by the Company or another user that your review has been left on the wrong company profile or location, we will ask you which company you intended to review. If you left your review on the wrong company profile or location, we might move your review to the correct company’s profile page or location on our Website.
We also reserve the right to move your review from one company’s profile page to another in special circumstances and to avoid confusion – such as, for example, where a company is rebranded.
Our right to move a review from one company profile or location to another does not apply to Product reviews. See the definition of “Product” in clause 14 below.
11. Fabricated reviews
Our aim is to create and maintain a best-in-class online review community where you can freely share your Service Experiences with the Company and thereby provide an informative and fair view of the Company’s services and products.
We use customised and advanced detection software to identify fabricated reviews on our platform. To support the software, we have a dedicated Compliance Team who safeguard trust by protecting our platform from fabricated reviews or other service misuse and combat fraudulent behaviour.
We have a zero-tolerance policy against fabricated reviews. Trust is crucial to us and we cannot under any circumstances accept fabricated reviews. This includes reviews that are not an expression of a genuine Service Experience, for example because they are created by or on behalf of the Company.
We consider the creation of fabricated reviews a material breach of the Terms & Conditions you accept when you create a user profile and account on our Website.
Reviews that we deem false, fabricated or similar will be removed and can lead to the immediate blocking of your account and filing of a report with the relevant authorities. We also reserve the right to inform our community about any domains reviewed on Discover Daylesford that have attracted a high number of fabricated reviews.
If you have evidence that a review is fabricated, we encourage you to notify us through our whistleblower function by sending an email to: firstname.lastname@example.org.
We take all reports of fabricated reviews seriously and investigate them. As this is not an easy task, we ask you to provide us with as much information as possible, including documentation showing why you believe a review is fabricated.
12. Threats against Discover Daylesford employees and companies
We don’t accept threats against or abuse of Discover Daylesford employees. Further, we don’t tolerate threats against or blackmail of other companies by our users. This includes users requesting monetary compensation in return for editing or deleting their Discover Daylesford review(s).
We cannot accept such behaviour and we regard it as a material breach of the Terms & Conditions agreed between each user and Discover Daylesford. This can lead to us immediately blocking your account and filing a report with the relevant authorities.
We are committed to providing businesses and users with a fair and open online experience. We work extremely hard to maintain the integrity of our review community and the online review industry generally, nurturing a culture of trust and transparency and celebrating those businesses and users who use reviews to improve customer service standards and make the online retail environment more fair and open for everyone.
We reserve the right to enforce these Guidelines if we observe violations of them, or of applicable laws or regulations. The same applies if we observe behaviour that we believe or suspect to be inappropriate.
14. Product Reviews
A product is a tangible item. Examples of products are (but not limited to):
pants, shirts, dresses, shoes and other clothing, accessories and furnishings.
mobile phones, computers, cameras and other electronic devices, books, toys and similar items, or
software, computer games, apps.
(these are collectively referred to as “Products”).
With the exemptions set out in clauses 6 and 10, these guidelines also apply to your review of a Product, and the term “Service Experience” shall be understood as also including “Products”.
For the sake of clarity, the following examples are Service Experiences, not Products (the list is not exhaustive):
tickets to a movie, a theatre and similar; or
appointments with a hairdresser, dentist, beauticians and similar; or
agreements with insurance companies and similar.
15. Got questions, need more information or have feedback?
We welcome your questions and feedback about our services and these Guidelines. Please email us at: compliance@Discover Daylesford.com.
16. Changes to these Guidelines
We may at any time and without notice make changes to these Guidelines. We will notify you about such changes via our Website. You agree that your continued use of the Website or our services after we have posted a new version of these Guidelines constitutes your acceptance of them.