Terms

LOCAL.COM.AU
TERMS AND CONDITIONS


Conditions of use:
Local.com.au provides a local business and community directory. By entering your details and/or utilising this directory you agree to be bound by the following terms and conditions which shall apply not only to those viewing the directory but those who seek to and list with the directory:

1. Users warrant and agree they will not use the directory for any purpose that is unlawful or that is contrary to the terms and conditions set out hereunder (or that may from time to time be added or varied by the directory). Users further agree they will abide by all applicable legislation.
2. Local.com.au does not endorse any product service or company and will not be liable for any loss resulting from any reliance placed on the information on the directory. Users should rely on their own enquiries and satisfy themselves as to the material advertised on the directory prior to making any decisions.
If local.com.au becomes aware of any errors or inaccuracies or is notified of same we will notify the user. We reserve the right to edit or remove any material or make modifications at any time and without notice.
3. Local.com.au is not responsible for any users transactions you may complete using services listed on local.com.au. Users agree to indemnify local.com.au in respect of any claim for any injury or loss occasioned by persons using the directory.
4. Without limiting the application of the previous paragraph users also indemnify local.com.au 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. Local.com.au will not be responsible for any loss whether direct or indirect as a result of the directory being unavailable to users for any reason whatsoever.
6. Local.com.au retains all intellectual property rights as well as copyright in relation to all design, data and source codes relating to the directory and users obtain no interest in that property. Users warrant they will not do anything which 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 directory.
7. Local.com.au 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.
8. Users agree that for the purposes of determining the laws that apply to govern the relationship between the parties and the directory, all correspondence and agreements entered into are deemed to be made and concluded in the State of New South Wales 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 New South Wales and the parties agree to be subject to the exclusive jurisdiction of courts exercising jurisdiction in that state and applying those laws.
9. For the purposes of users listing with the directory the following additional terms and conditions apply in addition to the above terms and conditions:
(a) Any business, community or organisation which operates in Australia or contains an established and recognised network, franchise or foundation within Australia shall be entitled to a free entry on the directory.
(b) An entry on the directory is not dependant upon the user having a website provided there is a valid email address.
(c) Free entries are restricted to one (1) entry within the main locality that the persons business is based or has its head office or a main outlet and in the case of community organisations within the nearest local community.
(d) Listing your business does not guarantee acceptance. Entries to the directory are subject to review and authorisation by local.com.au directory editor/s. Your entry will not be visible to other users until review and authorisation has been completed.
(e) The proposed 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 local.com.au against any claim disputing its authority.
(f) Users have the option to remove or modify their entry at any time.
(g) The initial listing shall be for a period of six (6) months in which time the directory will email you at the contact email address provided at the time of registration to verify your details. In the absence of verification the listing will be removed.
(h) For the purposes of maintaining the directory, users maintaining a listing accept the right for local.com.au to contact them concerning it’s listing. 
(a) 
You may also from time to time recieve information or offers relating to our service.
(b) You may elect not to recieve offers relating to our service by requesting removal from the directory.
(i) Local.com.au reserves the right to reject proposed entries or alterations or modifications to entries by users that local.com.au 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 directory. The final decision for listing, removal or acceptance or rejection lies with local.com.au and local.com.au is under no obligation to provide reasons for its decision.
(j) Users listing with the directory warrant they own or have authority to display or provide in text form trade marks or any other works provided in the material given for the purpose of listing on the directory.
(k) Local.com.au does not warrant that by listing on the directory that the user shall have an increase in its business with its advertising and 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.
(l) All information provided by the user to local.com.au will be kept confidential. Local.com.au will take all reasonable steps to keep the information provided by the user secure and will ensure that access to any information provided by the user is restricted to only necessary employees or agents of local.com.au and only then for the purposes associated with the operation of the directory.
(m) Any users providing links to third party websites as part of the material listed in the directory are responsible for the content of such websites and local.com.au makes no representation either expressed or implied as to the information that may be accessed by use of third party links and the user agrees to indemnify the directory 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 directory.
(n) The agreement between the user and local.com.au for a listing in the directory may be terminated in the following ways:
i. At any time the user and local.com.au agree.
ii. In the event that such listing is a priority listing as set out in clause 11 hereof in accordance with clause 11 subsection (e).
iii. On the happening of the following events:
 The user is declared bankrupt.
 In the event the user is a corporation it is wound up or placed in liquidation.
(o) Any notice to be served by the user or local.com.au must be served personally by pre-paid post or email, in the case of local.com.au to the address previously provided by the user. In the case of the user communicating with local.com.au, to the following address:
PO Box 200, Hazelbrook, NSW 2779
(p) If a dispute arises out of or relates to any of the conditions hereof or the breach, thereof or the termination of a users agreement or to any related claim either in equity, common law, or pursuant to any statute then the dispute is to be dealt with in the following fashion:
i. Notice in writing of any dispute must be given within seven (7) days of such action being taken by local.com.au that affects the user. In the absence of such notice the user will be taken to have accepted whatever action has been taken and agrees that it will not take any further action.
ii. In the event that notice is given to or by local.com.au of a dispute then such dispute shall be submitted to expert determination in Sydney New South Wales 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.
10. Users listing with the directory shall not do the following:
(a) Submit to the directory or provide a link to a third party website from a listing in the directory 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 directory with multiple entries or use the directory for the transmission of junk mail and/or emails. Such action shall result in the users listing being removed from the directory and all further listings refused.
(c) The user may not assign its ownership of its directory entry without the consent of local.com.au.

Paid Advertising:
11. Local.com.au shall provide sponsored priority listings for businesses agreeing to pay for advertising in the directory. Such advertising shall include the purchasing of additional geographical areas or regions for the purpose of advertising or access to particular contents sections in the directory.
Such priority listing agreements shall be subject to the following additional terms over and above those to which reference has already been made in the standard terms and conditions herewith:
(a) Users utilising the sponsored priority listings shall be invoiced in accordance with the nature of their agreement with the directory.
(b) Payment shall be accepted by way of credit card, direct deposit or cheque. Such charges as are set out in the invoices shall include GST.
(c) In the event of a priority listing being rejected all monies paid by user will be refunded in full within fourteen (14) days of rejection.
(d) 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.
(e) A user’s priority listing shall be de-activated immediately should the user fail to pay the invoice within fourteen (14) 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.
(f) Any discounts provided to users entering into priority paid listings shall only apply to the life of any agreement between local.com.au and the user.
(g) The parties acknowledge that 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.

LOCAL.COM.AU Guarantee:

The LOCAL.COM.AU Guarantee is counted if any two of the agreed Key-Phrases appear on the first page of results in Google.com.au as either "Web Results" or "From Australia Results".
In the event we fail to achieve a page one position in Google within the advertising period, we will provide the next 12 months of advertising free of charge or a period equal to the period where we have failed to achieve a page one position.

LOCAL.COM.AU will not provide a free advertising period longer than the period that has been paid.

 

A Key-Phrase is counted as any of the following:

  • A keyword or key-phrase
  • A keyword or key-phrase combined with a suburb or locality (eg eyelash extension Northern Beaches or eyelash extension Manly)
  • Your Company Name
  • Your Company Name (or branch) and location

We cannot guarantee that a keyword or key-phrase alone will be found in search engines, particularly in highly competitive industries and locations.

 

The page one position in Google applies to a link direct to your advert, or to a link to the directory that contains a list of business that includes your business profile, or any other page of the directory that contains a profile of your business with a link to your detailed advert.

 

To claim the guarantee you must have advised us in writing by emailing premium@local.com.au and allowing us 6-8 weeks to carry out further optimisation of your advert.

 

The Guarantee only applies to Premium Listings – No SEO or keyword adjustments are made by LOCAL.COM.AU to free listings on the directory.


LOCAL.COM.AU Internet Payment Gateway & Privacy Policy:
Local.com.au regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all local.com.au users, and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact us.
 
Collection of Information
In order to use the local.com.au website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by local.com.au is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
 
Use of Collection Information
Any details collected from local.com.au customers are required in order to provide you with our products and/or services, and a high level of customer service.
 
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt and transfer that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can contact us.
 
Access to Collected Information
If you’re personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us or by logging into your account and deleting or modifying your personal and business details.
 
Orders
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
 
Communications
Local.com.au uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us or logging into their account and modifying their contact preferences where shown.
 
Third Parties
Local.com.au may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose. Local.com.au does not share any information with third parties for any unknown or unrelated uses.
 
Legal
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
 
Links
Links on the local.com.au site to external entities are not covered within this policy.
The terms and conditions set out in this privacy statement only cover the domain name of local.com.au and localdirect.com.au.
 
Changes to Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement within our terms and conditions and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice when you login to your account.
 
LOCAL.COM.AU Security Policy (Credit Card & Debit Card Transactions)
Local.com.au uses the eWAY Payment Gateway for its online credit card transactions.
eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site use the eWAY gateway for secured payments.
• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by local.com.au or any outside party.
• All transactions are performed under 128 Bit SSL Certificate.
• All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
• eWAY is an authorised third party processor for all the major Australian banks.
• eWAY at no time touches your funds; all monies are directly transferred from your credit card to the Commonwealth Bank of Australia merchant account held by local.com.au.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.
 
Delivery Policy
As soon as payment is confirmed we will endeavour to activate your account at the earliest opportunity. This usually occurs within a few hours, however at peak periods please allow up to 2 working days for us to complete your account activation.
 
Cancellation Policy:
If for any reason you are not completely satisfied with your Premium Display Listing Advertising Package on local.com.au you may cancel your account at any time by giving 7 days notification in writing before the next automated billing cycle, or by logging into your account and cancelling your advertising package 7 days before the next automated billing cycle.
Local.com.au does not apply refunds for any advertising period already paid for or lapsed.
In the event of a dispute, except as prescribed by law, our liability will be limited to the supply of the service again, or the supply of a similar service to equal value and conditions as the originally contracted service.
Should you cancel your account giving less than 7 days notice before the billing period, we will endeavour to cancel your account, however, we can make no guarantees that we will be able to process your cancellation request prior to your credit or debit charge being charged. If less than 7 days notice has been given and the automated payment has been processed local.com.au will not be obliged to refund your payment.
In the unlikely event that your credit or debit card is automatically charged after you have given us 7 days notice in writing, providing you notify us within 40 days of an incorrect charge being applied, we will arrange for a full refund of the amount incorrectly charged.

We do not charge any penalty, surcharge or account fee for cancellation of accounts. We do not charge any additional fees for use of any Credit or Debit Card payments via our automated online payment system.

Google Advertising on local.com.au:
12. The following information is supplied by Google and forms part of our terms and conditions.