Listings Terms & Conditions
Acceptance of Listings
Look Local WA Website (Website), owned by Community Newspaper Group Ltd (ABN 1300 912 8081) (CNG), is an online search directory for local trades and services.
A reference to ‘we’, ‘us’ and ‘our’ in these Terms and Conditions is a reference to CNG.
Local trades and service providers (Advertisers) may list their business on the Website by submitting an online Listing application form, which is accessible at the Website, and paying the associated fee to us.
In these Terms and Conditions, an advertisement published on the Website is referred to as a “Listing”. The information contained in the Listing is referred to as the “Advertising Material”.
In submitting an application for a Listing to list their business on the Website, an Advertiser agrees, and is deemed, to be bound by these Terms and Conditions (the Agreement).
In purchasing a Listing from us, Advertisers must provide their contact, financial (such as credit card details) and other personal or private information. We will treat personal and private information in accordance with clause 9 (Privacy clause) of these Terms and Conditions.
If you are submitting the online application for a Listing on the Website on behalf of your employer or another entity, you acknowledge and agree that you represent and warrant that:
1 you have full legal authority to bind your employer or other entity to the Agreement;
2 you have read and understood the Terms and Conditions of the Agreement; and
3 you are your employer’s or other entity’s authorised representative, and that you agree to and accept the Terms and Conditions of the Agreement on your employer’s or other entity’s behalf.
The FREE listing period for Look Local WA will be from the 1st October 2016 – 31st December 2016, you will be contacted for credit card details during the the dates mentioned to continue your listing online. Payments will be deducted from your credit card on the same date each month from the date you activated your account with the first deduction to commence in January 2017.
1 Advertising Content
1.1 The Advertiser is responsible for uploading and maintaining their Advertising Material for use on the Website. CNG takes no responsibility for any of the Advertiser’s Advertising Material posted on the Website, including as to its truth, accuracy or compliance with applicable laws.
1.2 Where a Listing contains a link or links to other websites, it is the sole responsibility of the Advertiser to maintain the link or links and the content of the link or links.
1.3 The order of Listings as published on the Website will be at the sole and absolute discretion of CNG.
1.4 The Advertiser represents and warrants to CNG that:
1.4.1 the Advertiser holds all necessary rights to permit CNG to publish the Advertising Material as contemplated by the Agreement (including the right to use all information, names and trademarks included in the Advertising Material and Listing);
1.4.2 the publication, display or other use of the Advertising Material contained in the Listing will not:
(a) violate any criminal laws or rights of any third parties;
(b) infringe on any third party’s copyright, patent, trademark, trade secret or moral, proprietary or privacy right; or
(c) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offence, give rise to any civil liability (including defamation), or otherwise violate any applicable law;
1.4.3 the product or service that is being (or will be) promoted through the Listing is:
(b) not subject to any claim, dispute or complaint as to legal or beneficial ownership or interest; and
(c) not the subject of any ongoing investigation by any local, state or federal regulatory or quasi-regulatory authorities.
1.5 CNG reserves the right, in its sole and absolute discretion, to:
1.5.1 without notice to the Advertiser, remove any Listing or selected Advertising Material (including links to other websites) if the Listing or Advertising Material does not comply with the Terms and Conditions, or may bring CNG into disrepute;
1.5.2 refuse any Advertising Material that conflicts or represents a conflict of interest with the purpose and commercial viability of the Website;
1.5.3 without notice to the Advertiser, remove any Advertiser, Listing or selected Advertising Material that a Government Authority or their authorised representative or agent requests to be removed;
1.5.4 without notice to the Advertiser, remove any Advertiser, Listing or selected Advertising Material that breaches State or Federal Legislation;
1.5.5 upon notice to the Advertiser, remove, revise or refuse Advertising Material for any reason whatsoever and without liability to CNG; and
1.5.6 upon notice to the Advertiser, exclude or remove the Advertiser from the Website for any reason whatsoever and without liability to CNG; and
1.5.7 without notice to the Advertiser, suspend a Listing if the Advertiser has other Advertising Material or dealings with CNG on another medium and the Advertiser is default in relation to that other medium.
2 Prices & Payment
2.1 The Advertiser agrees to pay CNG the fees as listed on the Website in connection with the selected advertising package (Package).
2.2 All prices listed on the Website are in Australian dollars and are inclusive of GST.
2.3 Prices and Packages listed on the Website are subject to revision by CNG at any time, and the Advertiser accepts that material to be published on the Website will be priced from the time when the Package selected has expired or is renewed. Fees may be subject to change after the expiry date of the Package selected.
2.4 Once an online application form for a Listing has been submitted by the Advertiser and accepted by CNG, the Advertiser will be responsible for full payment of all fees relating to or in connection with the Listing, except as may be expressly provided in the Agreement or as otherwise may be agreed in writing.
2.5 Payment for all Advertising Material must be paid in advance of the Listing being published on the Website, unless otherwise agreed in advance and in writing by CNG.
2.6 The Advertiser must pay all amounts payable under this Agreement by credit card using the third-party payment gateway.
2.7 By selecting a Package and entering credit card details into the third-party payment gateway, the Advertiser expressly authorises CNG to deduct the applicable amount per the selected Package.
2.8 The Advertiser agrees and acknowledges that, in addition to the Advertiser being in breach of its contractual obligations, CNG may suspend or terminate the Advertiser’s Listing, and withhold the supply of any associated services, if a payment is overdue or unpaid (whether in whole or in part), or if timely payment is not received.
2.9 If a credit card transaction is rejected then a Listing will be suspended until the required payment amount is authorised.
2.10 The Advertiser shall indemnify CNG against, and reimburse CNG for, all costs, stamp duty, debt collection agency costs and commissions, legal expenses (on a solicitor client basis) and any other expenses and costs incurred by CNG in respect of any recovery or attempted recovery of unpaid fees or any other money (whether in whole or part) payable by the Advertiser to CNG under the Agreement.
3 Recurring Transaction Payments
3.1 All membership packages are recurring. CNG will process each recurring transaction on the day before the start date of the next occurrence of the Package.
3.2 The Advertiser expressly authorises CNG to deduct the applicable amount per the selected Package on the day before the start date of the next occurrence of the Package.
4 Cancellation by Advertiser
4.1 If an Advertiser seeks to cancel or suspend its Listing, it must notify CNG in writing at firstname.lastname@example.org prior to the expiry date of the Package.
4.2 If an Advertiser cancels or suspends a Listing there may be an early termination fee payable by the Advertiser if the relevant Package so provides.
5.1 The material published on the Website, including selection, layout and arrangement, is subject to CNG’s rights under the Copyright Act 1968 (Cth) (as may be amended, varied or supplemented from time to time).
6.1 The Advertiser must indemnify, defend (with legal counsel reasonably acceptable to CNG) and hold harmless CNG, and all its directors, officers, subcontractors, agents and employees (and each of their successors and assigns) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees of any kind (including legal fees and expenses on an indemnity basis) incurred in connection with or arising out of:
6.1.1 any breach by the Advertiser of any representation, warranty, covenant or other obligation contained in the Agreement;
6.1.2 the violation of any rights of any third party arising out of or in connection with the Advertiser’s Listing or to which the Listing relates, including, but not limited to, intellectual property, privacy, publicity or other proprietary rights; and/ or
6.1.3 any other act, omission or representation by the Advertiser.
7 Disclaimer of Warranties by CNG
7.1 CNG provides the products and services the subject of the Agreement on an “as is” and “as available” basis, without any warranty of any kind, and without any guarantee of continuous or uninterrupted availability.
7.2 CNG disclaims all warranties of any kind, whether express or implied, and the Advertiser agrees and acknowledges that in relation to or in connection with the Website or any Listing, or anything howsoever relating to or in connection with them, CNG will have no liability whatsoever for any:
7.2.1 errors, mistakes or inaccuracies of content or information;
7.2.2 claims relating to the infringement of any third party’s intellectual property rights or defamation;
7.2.3 unauthorised access to or use of CNG’s (or those of any of its agents or subcontractors) servers or of any personal or financial information;
7.2.4 interruption of transmission effecting the provision of the services;
7.2.5 bugs, viruses, Trojan horses or other harmful or deleterious programming routines which may be transmitted on or through a third party; or
7.2.6 loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on or through the services and the Website.
7.3 The Advertiser acknowledges and agrees that CNG does not give any guarantee with respect to the performance of any Listing.
8 Limitation of Liability
8.1 The Advertiser acknowledges and agrees that CNG shall not be liable under this Agreement for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CNG has been advised of the possibility of such damages) regardless of the cause of such damages or loss.
8.2 The generality of the foregoing, and to the full extent permitted by law, CNG shall have no liability for any damages or losses resulting from:
8.2.1 the use or the inability to use the Website;
8.2.2 statements or conduct of any third party on the Website or relating to or in connection with the services provided by CNG in association with the Website; or
8.2.3 any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, Internet or carriage service failure, delay or interruption, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of the Company; or
8.2.4 any other matter relating to the products or services provided by CNG, the Website, or this Agreement.
c/- Community Newspaper Group Ltd
Locked Bag No.2
Northbridge WA 6865
9.2 The Advertiser consents to CNG using the Advertiser’s information and details, and further acknowledges and agrees that CNG, may, at CNG’s sole and absolute discretion, disclose and use that information and details for the purpose of:
9.2.1 providing the Advertiser with the goods or services the subject of the Agreement;
9.2.2 communicating with the Advertiser;
9.2.3 engaging third parties to provide essential services on the Website (including, but not limited to the third-party payment gateway);
9.2.4 planning, research, product and business development and sales;
9.2.5 the benefit, promotion and marketing (whether target, direct or indirect) of CNG’s businesses, services or products or those of a third party which CNG believes may be of benefit to CNG;
9.2.6 investigating or dealing with complaints, as required or permitted by any law;
9.2.7 enabling CNG to perform its obligations to the Advertiser under this or any other agreement;
9.2.8 ensuring that the Advertiser performs its obligations under this or any other agreement; and
9.2.9 complying with any law or order of the court.
9.3 If the Advertiser does not want their details to be used for the purposes stated in clause 9.1, they must notify CNG at Locked Bag No.2
Northbridge WA 6865. Upon receiving such notification, CNG will ensure to the extent reasonably possible that Advertiser’s details are not used for that purpose.
9.4 All personal details kept will be used only for the purposes specified in the Agreement. They will not be given to a third party (which expression does not include a partner, affiliate or service provider of or to CNG), or used in any other way without the Advertiser’s express permission. CNG will take all reasonable steps to ensure the security of the Advertiser’s personal or private information.
9.5 To access, amend or delete any of your personal information kept by CNG, please contact the Privacy Officer in writing at Locked Bag No.2
Northbridge WA 6865, or by email to email@example.com. CNG will only provide information or respond to a person whose details are the subject of the inquiry, and current photographic identification may be required prior to the release of any personal information.
10.1 The Advertiser acknowledges and agrees that it is fully and solely responsible for replying to, quoting, servicing and supplying those whom have requested dealings from the Advertiser.
10.2 This Agreement and the relationship between the Advertiser and CNG shall be governed by the laws of the State of Western Australia. Any action by either party arising out of or in connection with this Agreement shall be brought in a court of competent jurisdiction in Western Australia.
10.3 Nothing in this Agreement gives rise to or is intended to give rise to a relationship between CNG and the Advertiser of employee and employer, principal and agent, or partnership.
10.4 Subject to the Terms and Conditions of this Agreement, this Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both written and oral, between them with respect to the subject matter hereof.
10.5 In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been severed and deleted.