1.1 What is Love Local Life?
1.1.1 Welcome to www.lovelocallife.com.au (Site). The Site is owned and operated by Boroondara City Council ABN 83 441 314 965 (we, us, our), to provide a forum supporting local businesses operating in the City of Boroondara in Victoria, Australia (Initiative).
1.1.2 The term ‘you’ refers to the person accessing or using the Site or our Services (as defined below), or the company or organisation on whose behalf that person accesses the Site or our Services.
1.2 How is this Site used?
1.3 What is required for registration to use the Site?
1.3.2 It is a condition of your receipt of the Services that you provide us with certain personal information and agree to receive certain content.
1.5 Amendments to these Terms
1.5.3 If you object to any changes, your only remedy is to discontinue your use of the Site.
2. Collection of personal information
2.1.1 apply for registration of a local business profile (Business Account) for promotion of your business on the Site; or
2.1.2 access the Site for general use.
2.2 Business Account information submitted by you to us
2.2.1 For use and registration of a Business Account, any personal information you submit will continue to be collected, used and disclosed as set out in paragraph 3.3.
2.3 General use information submitted by you to us
3. Registrations of Business Accounts
3.1 Registration of Business Accounts
3.1.1 In order for your local business to be featured on this Site and to use the Services, your business will first be required to register a Business Account.
3.1.2 Registrations may be completed by providing us with certain information (Business Information), as requested by the registration page for the Services.
3.1.3 Your Business Account will provide you with a personal user login and password that provides access for you to update information about your business.
3.2 Business Accounts
Business Information required for a Business Account may include the following business information:
3.2.1 name and ACN;
3.2.2 registered business name;
3.2.4 authorised account contact person (such as a CEO or director);
3.2.5 registered business address;
3.2.6 phone number; and
3.2.7 any other information that may be required in order to provide the Services to the business.
3.3 Information collection for Business Account registrations
3.3.1 The information (including any personal information) you submit via your Business Account is collected for the purpose of publication on the Site to provide the community with information on local businesses.
3.3.2 Any information (including any personal information where indicated) submitted for the Business Account will be disclosed to anyone accessing the Site unless we decide otherwise.
3.3.3 If you do not provide some of the information (including any personal information) requested for the Business Account, we may not be able to include the information on this Site.
3.3.4 You confirm that all of the information you provide to us, including the Business Information and any personal details, will be complete, true and correct.
3.4 By providing your contact details, you agree to us contacting you via such means.
3.5.1 By signing up to the Services you confirm that you are authorised by the business registered for the Business Account to use the Service.
3.5.4 You must keep your user name and password confidential and secure and not permit any other person to access the Business Account using your user name and password. We are entitled to assume that all uses of the Business Account under a user name are undertaken by that user (unless we have been told that the user’s details have been compromised). If the information (including any personal information) you submitted changes you can access your Business Account to update the information. Alternatively you can contact us and we will take reasonable steps to correct, update or remove the information in a timely manner.
4. Business Account Content
4.1 The Service allows users to submit or post information, content and materials (Business Account Content) to the Site and/or us, for access and use by other Site users, third parties and/or us. We may not review Business Account Content submitted by users and we are not responsible for the form or content of any Business Account Content.
4.2 Access to full Services benefits
Business Account Content that you produce may be necessary to access the full benefits of the Services and includes:
4.2.1 details of your business goods and services;
4.2.2 information about promotions for your business from time to time;
4.2.3 information about the history of your business; and
4.2.4 business trade marks, images, branding and other promotional materials.
4.3 Responsibility of providing User Generated Content
4.3.1 If you choose to submit or post Business Account Content, you must own or have the right to submit or post that Business Account Content and it must not:
(a) infringe any rights of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
(b) deceive or be likely to deceive any person;
(c) be used to impersonate any person (including us and our representatives) or to misrepresent your identity or affiliation with any person; or
(d) be illegal conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
4.3.2 If you become aware or reasonably suspect that any third party content on the Services may infringe these requirements, you must promptly inform us.
4.4 Rights to use Business Account Content
4.4.1 You agree that we may:
(a) edit or delete your Business Account Content;
(b) link your Business Account Content to other material, including Business Account Content submitted by other users or material created by us or third parties;
(c) use your Business Account Content for Site purposes, including to promote, market or advertise the Services and/or us;
(d) we may reproduce, use and distribute your Business Account Information, including any copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files; and
(e) directly or indirectly benefit from your Business Account Content.
4.4.2 We do not claim any ownership rights in your Business Account Content, however, by submitting Business Account Content you are deemed to grant us (and our licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use that Business Account Content.
5. Prohibited activities
5.1 When using this Site, you must not:
5.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
5.1.2 reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
5.1.3 seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site;
5.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Site, conduct yourself in an offensive manner while using the Site, or use the Site for any illegal, immoral or harmful purpose;
5.1.5 submit, post, upload, email or otherwise send or transmit to the Site, or any user of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Site; or
5.1.6 interfere with the Site or the servers or networks underlying or connected to the Site or violate any of the procedures, policies or regulations of the Site or any networks connected to the Site.
6. Intellectual property
6.1 Excluding information submitted by you to us via your Business Account (Business Account Content), the entire contents and design subsisting in, relating to or arising out of the Site and available through or in connection with the Site including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
6.2 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by statute or with our prior written consent.
6.3 No Site Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
6.5 When you send us any feedback or suggestions in relation to the Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions.
6.6 When you participate in any chat sites, forums or other activities involving the publication of materials that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.
7. Accuracy of Site Information
7.1 All information displayed on this Site, including programs, articles, images, photos, name of the vendors or participating parties may only be used as a guide only and are subject to change. Interested parties are responsible for assessing the relevance and accuracy of the content on the Site.
8. Expression of interest
You may request further information about the Initiative on this Site. Your expression of interest is not binding on you or us and does not form the basis of any contractual or other legal rights.
9.1 We use our best endeavors to minimise viruses and bugs from infiltrating the Site. However, due to the nature of the internet, the Site may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked website.
9.2 You are responsible for (as applicable):
9.2.1 ensuring the accuracy of information inputted into the Business Account; and
9.2.2 assessing the accuracy of the information of the Site.
10. Links to other websites
10.2 Links on the Site to third party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics (including trade marks), materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
10.3 Where the information made available on this Site contains opinions or judgements of third parties:
10.3.1 you acknowledge that any opinions, advice, information or content by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;
10.3.2 we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
10.3.3 we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
10.4 Information procured from a third party may be the subject of copyright owned by that third party. We hereby expressly disclaim any representations regarding the content or accuracy of materials on such third party sites.
11. Force majeure
12.1 The Site Content is intended to provide general information only.
12.2 We do not accept any responsibility or liability to any person for the information (or the use of such information), which is provided on the Site or incorporated into it by reference. The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost or expense whatsoever in the use of or reliance upon this information.
12.3 We do not accept any liability to any person visiting any location listed on the Site and any visit to any location listed on the Site is at the individual’s own risk. We do not accept any responsibility for the loss, damage to any equipment or persons during such attendance or visit(s).
12.4 To the fullest extent permitted by applicable law, we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise), including any implied representations, warranties, terms or conditions that this Site, the Site Content or the Services are of satisfactory quality or fit for their purpose.
12.5 The Site Content is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format. No responsibility is taken for any information or services, which may appear on any linked websites.
12.6 You are responsible for making your own assessment of the information available on or through the Site, and you should verify all relevant representations, statements and information before you rely on that information.
13. Limitation of liability
13.1 You are wholly responsible for your participation on the Site and you use the Site at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Site or your conduct in connection with the Site in any circumstance.
13.3.1 in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
13.3.2 in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
13.4 To the fullest extent permitted by law, we are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage, including any indirect, consequential or special loss or damage however caused and which is suffered directly or indirectly in connection with use of this Site or Services provided to you.
15. Third party rights
The provisions of Indemnification, Disclaimer and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. Contact us