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Visit Newcastle website protocols

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Website Protocols

The Visit Newcastle website is the official visitor website for the Newcastle area and contains essential information for visitors, including things to do, places to stay, where to eat, how to get around etc. The new website provides opportunities for tourism operators such as hotels, tours, attractions and event owners to promote and sell their products through the site. The relevant sections of the website where these products can be featured are:
- Accommodation search engine and booking platform
- Things to do search engine and booking platform
- Events calendar

Following are instructions for operators who wish to feature or sell their products on the Visit Newcastle website as well as the protocols that will govern operators who are displayed on the site. Visitnewcastle.com.au is owned and managed by The City of Newcastle and all content featured is at the discretion of The City of Newcastle.

 

HOW TO GET YOUR PRODUCT ON THE VISIT NEWCASTLE WEBSITE:

- A tourism operator can have a profile on the website free of charge. This includes information about the product, contact details, website URL, images, videos and a map.

- Operator information on the Visit Newcastle website is managed through an online content management system called 'Bookeasy'. By creating a login to Bookeasy and linking your product to the Visit Newcastle website you may manage the content that is displayed on this website for your business.

- In the first instance THE City of Newcastle will create a product profile for your business on the Visit Newcastle website and provide you with login details to access and edit your profile, as well as manage your inventory.

- The core target market for the Visit Newcastle website is visitors and potential visitors to Newcastle and therefore operators who wish to be featured on the Visit Newcastle website must fall under at least one of the following categories:

• Accommodation
• Cultural experiences
• Nature experiences
• Historical experiences
• Action and Adventure experiences
• Restaurant/ Bar/ Pub/ Nightclub/ Café
• Beaches
• Shopping
• Walks and rides
• Event of relevance to visitors from outside Newcastle
• Transport operator

Operators who do not fall under one of these categories will not be featured on the website. (The City of Newcastle reserves the right to determine all content featured on the site).

- Operators will be listed in a random order under the 'What to do', 'Where to eat' and/ or 'Tours' section of the website, and the order in which they appear will change with each new visitor to the site.

- If you already have a product profile on the Visit Newcastle website and have forgotten your login details please contact Gemma or Jade (phone numbers overleaf).

- Any operator who wishes to be featured on the website will need to comply with the terms and conditions outlined by The City of Newcastle. Those operators will be issued with an agreement to sign, which allows them to be featured on the site for an initial period of 12 months, with an agreement to be re-issued after this 12 month period.

 

1. INTERPRETATIONS


In these Terms and Conditions unless the context otherwise requires:
"Agreement" means the written agreement between the Council and the Operator, dated, together with the documents referred there to in.
"Bookeasy" means Tourism Holdings Pty Ltd, who host the Website and its software.
"Council" means the Council of the City of Newcastle.
"Intellectual Property" includes all proprietary rights in relation to Information including copyright and neighbouring rights and all proprietary rights in relation to inventions (including patents) registered and unregistered trademarks (including service marks), registered designs, confidential information (including trade secrets and know how) and circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
"Operator" means the party named and the end of this Agreement and is the party bound to carry out the relevant obligations of this Agreement and includes their executors, administrators, successors and permitted assigns of that party.
"Protocols" means the Visit Newcastle Website Protocols, which form part of this Agreement.
"Website" means the Visit Newcastle website at visitnewcastle.com.au

2. RESPONSIBILITIES OF THE OPERATOR


It is the responsibility of the Operator to ensure the information on the Website about their product is correct and up to date.
Operators are responsible for responding to any booking enquiries made by customers via the Website and for liaising with the customer.
It is the responsibility of the Operator to ensure their cancellation policies are clearly stated on their Website profile.

3. RESPONSIBILITIES OF COUNCIL


To update and maintain all content on the Website, except for Operator profiles and other information that can be updated by the Operator.
To assist the Operator wherever needed to update their profile and trouble shoot any issues that may arise.
To promote the Website extensively and drive consumer traffic to the Website.
To create a profile for any operator that wishes to be featured on the website, services visitors in greater Newcastle (NSW, Australia) area and can be identified as belonging to one or more of the following categories:
- Accommodation provider (if they are a Gold Medal operator)
- Cultural experience
- Nature experience
- Historical experience
- Action and adventure experience
- Restaurant/ bar/ pub/ nightclub/ café
- Beach
- Shop/ retail outlet
- Walk or ride
- Event of relevance to visitors outside of Newcastle
To provide login details to the abovementioned operators, enabling them to maintain and update their profiles on the website.

4. RESPONSIBILITIES OF BOOKEASY


To ensure the Website is fully operational at all times, except for when routine maintenance is being carried out.
To assist Council with any issues in relation to the Website, including trouble shooting any difficulties encountered in updating the Website.

5. COMMISSION FEES


Any products or bookings sold through the Website will incur a 10% commission fee on the total sale (including GST). Please note: Operators who wish to sell their products through the website are required to be Bookeasy 'Gold Medal' operators.
Council will invoice the Operator for all commissions owing on a six-monthly basis.
The Operator shall pay the invoiced amount within 25 Days of the receipt of an invoice.
Booking commission collected by The City of Newcastle will be used to maintain and improve the destination website, and to promote the site to increase consumer traffic and usage.

6. INTELLECTUAL PROPERTY


The Operator represents to Council and unconditionally guarantees that any intellectual property including elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Council for inclusion on the Website are owned by the Operator, or that the Operator has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Council and Bookeasy from any claim or suit arising from the use of such elements furnished by the Operator.

7. SERVICE AVAILABILITY


Council and Bookeasy will endeavour to supply the Website with service availability of 99%. However a breach of this service availability is not a breach of this Agreement.
Service availability is a measurement of the total time, expressed as a percentage, that the Website is operational (i.e. there is no outage) where measured over any calendar month during the Contract Term.
The Operator shall not hold Council liable for outages that result from:
a) a failure or malfunction in relation to equipment, any computer software or power supply at the premises of the Operator;
b) failure or malfunction of an internet connection forming part of the Service (whether at the Operator's, Council's or Bookeasy's site);
c) an act or an omission by the Customer (or a person under the direction or control of the Customer);
d) reasonable downtime required for installation of urgent hot-fix Patches;
e) the occurrence of a Force Majeure event;
f) performance of maintenance;
g) a requirement, direction, or any other order, issued by a government, statutory or other relevant authority with jurisdiction over the Website; or
h) unauthorised or illegal access by any party to any part of the system providing the Website, including hacking, cracking, virus dissemination and denial of service attacks.

8. SITE HOSTING


The Operator expressly acknowledges and agrees that its data associated with the Website will be located on a data centre provided by Bookeasy (or its contractor). The Operator agrees that Bookeasy may determine in its absolute discretion the data centre location.
The Operator agrees to Bookeasy's use of SPAM and virus filters which may require it to use third party services to monitor and filter email traffic between its equipment and the Website. The Operator agrees that Council or Bookeasy will not be liable for any loss resulting from the use of such SPAM or virus filters.

9. INDEMNITY


The Operator agrees that it shall defend and indemnify Council from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Operator's use of the Website.
The Operator agrees to defend and indemnify Council against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business. The City of Newcastle will not compensate (financially or other) any operator or customer for booking cancellations a customer makes or for a booking where the customer does not show up on the day of their booking. The City of Newcastle will take no part in dealing with the customer during the booking process.
The Operator also agrees that any material submitted for publication on the Website will not contain anything leading to an abusive or unethical use of the Website. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
The City of Newcastle reserves the right to determine all content displayed on the Visit Newcastle website, and may at their discretion approve/ decline any operator request to be featured on the site.

10. CONTRACT TERM


The Operator's use of the Website shall be for a period of 12 months from the date of the Agreement. Council, at its sole discretion, may choose to extend the Contract Term for another 12 month period. This process may be repeated on successive occasions.

11. TERMINATION


Either party may at any time terminate this Agreement by giving 30 days written notice to the other party.
Upon the date of termination, the Operator shall be liable for all Commission Fees owing to the Council.
Subject to payment in full of all Commission Fees owing, Council shall delete and/or make available to the Operator all intellectual property and materials on the Website that are the property of the Operator.
The obligations of the Operator under the Clauses on Commission Fees, Intellectual Property, and Indemnity shall be of a continuing nature and shall survive the termination or expiration of this Agreement.

12. DISPUTES


In the event of any dispute arising between the Council and the Operator that can not be resolved by negotiation, the Council shall nominate a formal dispute resolution process to be followed by the parties.
The parties must continue to perform their obligations under this Agreement notwithstanding the existence of a dispute.

13. GOVERNING LAW


This Agreement shall be subject to and construed in accordance with the laws, Acts and other prescribed rules applying in the State of New South Wales.

14. NO WAIVER


A waiver by either party in respect of any breach of a condition or provision of this Agreement shall not be deemed to be a waiver in respect of any continuing or subsequent breach of that provision, or breach of any other provision. The failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be interpreted as a waiver of such provision.

 

WHO CAN YOU CALL IF YOU ARE HAVING TROUBLES WITH UPDATING YOUR PROFILE:

- If you have any questions about the Visit Newcastle website or are having difficulties accessing or updating your information, please contact Daryl Buckingham on (02) 4974 2895 or Cassie Mckay on (02) 4974 2813.