TERMS AND CONDITIONS
LocalbusinessTownsville.com.au (“LBT") provides a community and local business website. By entering your details and/or using this website you agree to the following terms and conditions which shall apply to those viewing the website and those who seek to and list with the website:
1. Users agree they will not use the website for any purpose that is unlawful or that is contrary to the terms and conditions set out below or that may from time to time be added or varied by LBT. Users further agree to abide by all applicable legislation.
2. LBT does not endorse any product, service or company and will not be liable for any loss resulting from any reliance placed on the information in the website. Users should rely on their own enquiries and satisfy themselves as to the material advertised on the website prior to making any decisions.
3. LBT is not responsible for any transactions you may complete using services listed on the website. Users agree to indemnify LBT in respect of any claim for any injury or loss occasioned by persons using the website.
4. Without limiting the application of the previous paragraph users also indemnify LBT in relation to any claim for defamation, infringement of copyright, infringement of trade mark or names, breach of Trade Practices or Fair Trading Legislation, violation of any privacy legislation or any other breaches of intellectual property rights.
5. LBT will not be responsible for any loss whether direct or indirect as a result of the website being unavailable to users for any reason whatsoever.
6. LBT does not warrant that by listing on the website that the user shall have an increase in its business with its advertising. The parties agree that the only warranties or conditions which are binding between the parties are those that are expressed in the terms and conditions herewith and that no oral representations or any other representations bind the parties.
7. Users listing with the website shall not do the following:
(a) Submit to the website or provide a link to a third party website from a listing in the website any material that is defamatory, threatening, harassing, inciting racial or religious terrorism, self harm or any other illegal or antisocial actions or that contains any offensive, profane, indecent or objectionable material of any kind.
(b) Attempt to spam the website with multiple entries or use the website for the transmission of junk mail and/or e-mails. Such action shall result in the users listing being removed from the website and all further listings refused.
8. LBT retains all intellectual property rights as well as copyright in relation to all design, data and source codes relating to the website and users obtain no interest in that property. Users warrant they will not do anything that interferes with or breaches these intellectual property rights and further warrant that they will not re-use, publish or transmit to any part of the website.
9. LBT can in its absolute discretion vary the terms and conditions any time without prior notice. Any amendment however of the terms and conditions shall be posted on the website.
10(a). Users agree that for the purposes of determining the laws that apply to govern the relationship between the parties and LBT, all correspondence and agreements entered into are deemed to be made and concluded in the State of Queensland and any dispute concerning these terms and conditions and all legal proceedings that may arise between or among the parties shall be governed by the laws of Queensland and the parties agree to be subject to the exclusive jurisdiction of courts exercising jurisdiction in that state and applying those laws.
10(b). In the event that notice is given to or by LBT of a dispute then such dispute shall be submitted to expert determination in Brisbane to the Australian Commercial Dispute Centre to be dealt with in accordance with that Centre’s rules. The cost of such dispute shall be borne by the user.
11. For the purposes of users listing with the website the following additional terms and conditions apply in addition to the above terms and conditions:
11.1. Paid Listing:
(a) Any business or community organisation that operates in theTownsville area or contains an established and recognised network, franchise or foundation in theTownsville area is eligible to advertise on the website.
(b) The advertising shall take the form of one Internet page that shall be listed firstly by business category then by suburb.
(c) Users listing with the website warrant they own or have authority to display or provide trademarks or any other works provided in the material given for the purpose of listing on the website.
(d) A subscription period is twelve (12) months. Payment is accepted by way of cheque for the full period in advance of the advertising being listed.
(e) All monies invoiced are inclusive of GST and are based on a GST rate of 10%. Should the GST rate change then the parties acknowledge that any invoice shall be amended to reflect the new GST rate.
(f) Thirty (30) days prior to the expiration of the period of advertising a further invoice shall be generated and forwarded to the email address previously provided by the user. The agreement shall thereafter continue upon receipt and clearing of the amount invoiced.
(g) A user’s advertising listing shall be de-activated immediately should the user fail to pay the invoice within thirty (30) days of sending or the users cheque is not met on presentation or is dishonoured. The user will thereafter be notified of the de-activation.
(h) Links to third party websites may form part of the advertising page providing that users are responsible for the content of such websites. LBT makes no representation either expressed or implied as to the information that may be accessed by use of third party links. The user agrees to indemnify LBT against any claim that may be made in respect of a claim by a user accessing a third party website via the link from the website.
11.2. Free Listing:
(a) Any business or community organisation that operates in the Townsville area is eligible to advertise on the website.
(b) Free listings are restricted to one (1) entry within the main category that the business is based. The free listing shall include the business name, and one telephone number.
(c) Users have the option to remove or modify their entry at any time.
(d) For the purposes of maintaining the listings, users accept the right for the LBT to contact them concerning their listing.
(e) The initial listing shall be for a period of six (6) months in which time LBT will email to the address previously provided by the user to verify the details are current. In the absence of verification the listing will be removed.
(f) The user warrants that by seeking to list its business or organisation it has authority to list the details in the public database for the purpose of promotion and marketing and agrees to indemnify LBTagainst any claim disputing its authority.
(g) LBT reserves the right to reject proposed entries or alterations or modifications to entries by users that LBT in its absolute discretion considers not in the public interest or in possible breach of any law or that falls outside the guidelines for listing on the website. The final decision for listing, removal or acceptance or rejection lies with LBT and LBT is under no obligation to provide reasons for its decision.
Local Business Townsville
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