LocalStore.ca
(
the "Website" ) is an online Business Directory provided
by Local Store Marketing Pty Ltd ( ACN 162 527 166 ) ( the "Company" ). By using this website, you are
agreeing to comply with and be bound by the terms, conditions and
notices relating to its use.
1.
As a condition of your use of this Website, you represent and warrant
to the Company that you will not use this Website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
2.
This Website contains one or more of the following services: bulletin
boards, chat areas, news groups, forums, communities and/or other
message or communication facilities. You agree to use such services
only to send and receive messages and material that are proper and
related to the particular service, area, group, forum, community or
other message or communication facility. In addition to any other terms
or conditions of use of any bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities, you agree that when using one, you will not:
a)
Publish, post, upload, distribute or disseminate any inappropriate,
profane, derogatory, defamatory, infringing, improper, obscene,
indecent or unlawful topic, name, material or information.
b)
Upload files that contain software or other material protected by
intellectual property laws or by rights of privacy of publicity unless
you own or control such rights or have received all necessary consents.
c)
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
d) Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
e) Falsify or delete any author attributions, legal or
other proper notices, proprietary designations, labels of the origin,
source of software or other material contained in a file that is
uploaded.
f) Restrict or inhibit any other user from using and
enjoying any of the bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities.
3.
The Company has no obligation to monitor the bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities. However, the Company reserves the right at
all times to disclose any information deemed by the Company necessary
to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part.
4. You
acknowledge that communications to or with bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities are not private communications, therefore
others may read your communications without your knowledge. You should
always use caution when providing any personal information about
yourself. The Company does not control or endorse the content, messages
or information found in any bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities and, specifically disclaims any liability with regard to
same and any actions resulting from your participation. To the extent
that there are moderators, forum managers or hosts, none are authorized
Company spokespersons, and their views do not necessarily reflect those
of the Company.
5. You are responsible for the rating, review,
comment, or information that you submit to the Website. You accept that
we may at our discretion remove, withhold, edit, rephrase, and monitor
your reviews, comments and materials before posting them on the
Website. Once you have submitted or posted your content, you grant the
Company and its affiliates a royalty-free, perpetual, irrevocable and
full right to use, reproduce, modify, adapt, publish, translate and
create derivatives works from, distribute and display such content
worldwide by whatsoever means.
6.
Whilst all care has been taken, the information, products, and services
included on this Website may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. The
Company may make improvements and/or changes in this Website at any
time. Advice received via the Website should not be relied upon for
personal, legal or financial decisions and you should consult an
appropriate professional for specific advice tailored to your situation.
7.
The Company makes no representations about the suitability,
reliability, timeliness, and accuracy of the information, products, and
services contained on this Website for any purpose. All such
information, products, and services are provided "as is" without
warranty of any kind.
8. The Company hereby disclaims all
warranties and conditions with regard to the information, products, and
services contained on this Website, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
9. In no event shall The Company be
liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out of or
in any way connected with the use or performance of this Website, with
the delay or inability to use this Website, with the provision of or
failure to provide services, or for any information, software,
products, services and related graphics obtained through the Website,
or otherwise arising out of the use of this Website, whether based on
contract, tort, strict liability or otherwise, even if the Company has
been advised of the possibility of damages.
10. Due to the fact
that certain jurisdictions do not permit or recognize an exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. If you are dissatisfied with any
portion of this Website, or with any of these terms of use, your sole
and exclusive remedy is to discontinue using this Website.
11.
The Company reserves the right in its sole discretion to deny any user
access to this Website, any interactive service herein, or any portion
of this Website without notice, and the right to change the terms,
conditions, and notices under which this Website is offered.
12.
This agreement is governed by the laws of the State of New South Wales,
Australia. You hereby consent to the exclusive jurisdiction and venue
of courts in New South Wales, Australia in all disputes arising out of
or relating to the use of this Website. Use of this Website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the Company
as a result of this agreement or use of this Website. The performance
of this agreement by the Company is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
its right to comply with governmental, court and law enforcement
requests or requirements relating to your use of this Website or
information provided to or gathered with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect.
13. This agreement constitutes the entire agreement
between the user and the Company with respect to this Website and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written with respect to this Website. A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form. Fictitious names
of companies, products, people, characters and/or data mentioned herein
are not intended to represent any real individual, company, product or
event. Any rights not expressly granted herein are reserved.
14. Local Store Marketing Pty Ltd is located at Willoughby, NSW, Australia.
15.
The content of the Website is protected by international copyright
laws. If you wish to copy, redistribute or enquire about any of the
information provided within this site please contact the Company. |
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