1. Summary of Terms of Use
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?
1.2.1 These terms of use (Terms of Use) are deemed to incorporate our privacy policy which explains how we collect, use and disclose information that pertains to your privacy (Privacy Policy) and should be read together with these Terms of Use.
1.2.2 The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.
1.3 What is required for registration to use the Site?
1.3.1 In providing the Services to you, we will need to collect your personal information (both directly and indirectly) as set out in these Terms of Use. The details of our collection, holding, use and disclosure of your personal information is set out in these Terms of Use and our Privacy Policy.
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.
1.4 Acceptance of Terms of Use
1.4.1 These Terms of Use, including the Privacy Policy, govern your access to and use of this Site, including any Site Content (as defined below) and services provided through or in connection with this Site (Services).
1.4.2 By browsing, accessing or using the Site or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use and any additional terms and conditions notified to you from time to time.
1.4.3 These Terms of Use form a legally binding agreement between us and you. If you do not agree to these Terms of Use, you must immediately exit and not access or use the Site.
1.5 Amendments to these Terms
1.5.1 We may change these Terms of Use at any time and will take reasonable steps to bring any material changes to your attention by publishing the amended Terms at this Site and we may email you advising that the Terms have changed.
1.5.2 As you will be bound by any amendment to these Terms of Use, you should review these Terms of Use from time to time. By continuing to use the Services after any amendment to these Terms of Use, you will be deemed to have accepted the amended Terms of Use.
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 paragraph 2 provides you with additional information to that set out in our Privacy Policy about how we collect, use and disclose your personal information when you either:
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
2.3.1 For general use of the Site, excluding registration for a Business Account, any personal information you submit will continue to be collected, used and disclosed as set out in the Privacy Policy.
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;
3.2.3 ABN;
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 You acknowledge and agree that any information you submit for a Business Account (including any personal information) may be viewed and otherwise dealt with by general users of the Site in accordance with these Terms of Use.
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.
3.5.2 In addition to the information you provide to us directly, we (or a third party acting on our behalf) may also directly or indirectly collect information (including via the use of cookies) about your use of the Service. Our Privacy Policy sets out the kind of such information we collect (both directly and indirectly), how and why.
3.5.3 You expressly consent to us, or any third person acting on our behalf, using the Business Information and any other information we collect about you in accordance with these Terms, the Privacy Policy and for any lawful purpose.
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.
6.4 You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study, but only if you: (i) do not modify the copy from how it appears unless expressly authorised by us and then only in accordance with these Terms of Use; and (ii) include the copyright notice “© Boroondara City Council ABN 83 441 314 965” on the copy.
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. Security
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
10.1 This Site may contain links to other websites. Links to third party websites, including to Google Maps, are provided on the Site for convenience only. By clicking on a third party link, you will leave the Site. We are not responsible for the content or privacy practices associated with linked websites. You should review the terms and conditions and privacy policy of every internet website you access or use.
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
We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Site, the Site Content or the Services or any delay or other failure by us to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond our control.
12. Disclaimer
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.
13.2 Nothing in these Terms of Use is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable legislation which may not be excluded, restricted or modified by agreement.
13.3 To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Site. You may have rights under the CCA in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:
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.
14. Indemnification
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Use.
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.
16. General
16.1 Entire Agreement: These Terms of Use, together with any additional terms and conditions set out on this Site from time to time, constitutes the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
16.2 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.
16.3 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms of Use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
16.4 Invalidity: If any clause or provision of these Terms of Use is determined to be illegal, invalid or unenforceable for any reason, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms of Use without affecting the enforceability of all remaining clauses and provisions.
16.5 Interpretation: In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.
16.6 Governing Law: These Terms of Use are governed by the laws of the state of Victoria, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria. This Site may be accessed throughout Australia and overseas. We make no representation that the content provided by the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this website is not illegal or prohibited by laws which apply to you.
17. Contact us
If you have any questions about our Terms of Use or any queries or concerns about this Site or the Site Content, please contact us.