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Terms and Conditions of Subscription to Services

In this document “the Company” means Go Buy Local Pty Ltd (ABN 45 140 483 932) and “you” or “You” means the subscriber.

1. Acceptance of Terms & Conditions

The Company provides the Services to you subject to the following Terms and Conditions which may be updated from time to time without notice. The Company has absolute discretion to refuse any subscription to the Services under these Terms and Conditions.

2. Right of Refusal

You shall not do anything that may bring the Go Buy Local (GBL) website into disrepute or otherwise damage its character as a family friendly site expressing and promoting traditional community values. If, through your use of the Service and the BGL website, you directly contradict or oppose the traditional family and community values exercised by the Company then the Company shall, at its discretion, have the right to refuse or terminate your application.

In the event that the Company becomes aware that you have contradicted or have used the Service and/or the GBL website in a manner which opposes the values exercised and promoted by the Company, your subscription will be terminated immediately and refund of any monies paid by you to that point will be subject to and made at the absolute discretion of the Company.

3.Subscription Fee

You must pay the subscription fee which entitles you to the Services subject to these Terms and Conditions. Payment of the subscription fee can be made in accordance with payment options being made available at the time.

4.What the Company Needs from You

In assessing subscriptions, the Company shall require the following information:

  • A copy of the business registration certificate or the business number;
  • The ABN for the business; and
  • A physical street address within the Fleurieu Peninsula region that the business operates from.

5.The Services

As an approved subscriber you will have the right to:

  • Have your business listed under the Fleurieu Peninsula region in up to three fixed Category/Business Types of the Go Buy Local website (“GBL website”).
  • Have a dedicated web page for your business on the GBL website.
  • Sections within your page to advertise 'offers' and 'promos' regarding your business.
  • Display the location of your business via online mapping (where a street address is provided by you).
  • Have access to your web page to make changes to the contents of your page.
  • Have the Company update your page on a ‘fee for service’ basis or agreed contract rate; and
  • The opportunity for banner advertising as opportunities are made available.

The Company will pursue ongoing marketing of the GBL brand and website to local community and visitors at its discretion via:

  • Forms of print media;
  • Community radio;
  • Local networks;
  • Local sponsorship; and
  • Other suitable opportunities (as they present themselves) that are deemed appropriate by the Company.

6.Subscriber Account, Password and Security

You will receive an account designation once this document is signed, the application has been vetted and approved, and the Subscription Fee has been paid. You are responsible for maintaining the confidentiality of the account and password, and are fully responsible for all activities that occur under your account and password. You agree to immediately inform the Company of any unauthorised use of your account and/or password or any other breach of security.

7. Subscriber Conduct

You are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages (“Content”) that you upload, post, transmit or otherwise make available via the Service and the GBL website. The Company does not guarantee the accuracy, integrity or quality of such Content.

You agree to not use the Service and the GBL website to:

  • Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable;
  • Upload, post, transmit or otherwise make available any Content that may be misleading or deceptive, be likely to mislead or deceive others, contain offensive or sexually explicit content by any relevant standard of decency;
  • Upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • Harm minors in any way;
  • Upload, post, transmit or otherwise make available any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law.
  • You acknowledge that the Company may choose not to pre-screen Content but that the Company shall have the right in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service and the GBL website.

8. Indemnity

You agree to indemnify and hold the Company and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees made by a third party due to or arising out of all Content you submit, post, transmit or otherwise make available through the Service or the GBL website, your use of the Service or the GBL website, your connection to the Service or the GBL website, your violation of the Terms and Conditions or your violation of any rights of another.

9. Modifications to Service or the GBL website

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the GBL website (or any part of the Service or the GBL website) with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service or the GBL website.

10.Termination

The Company may without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include but not be limited to (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) fees owed by you in connection with the Services; and (g) engagement by you in fraudulent or illegal activities.

11. The Company’s Proprietary Rights

The Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Company grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its software on a single computer provided that you do not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the software.

You agree not to modify the software in any manner or form, nor to use modified versions of the software.

12.Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the Service and the GBL website is at your sole risk.
  • The Service and the GBL website is provided on an “as is” and “as available” basis.
  • The Company and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Company and its officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service and the GBL website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service or the GBL website will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service or the GBL website will meet your expectations; and (v) any errors in the software will be corrected.

13. Limitation of Liability

You expressly agree that the Company and its affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including , but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (i) the use or inability to use the Service or the GBL website; (ii) the cost of procurement of substitute Services (iii) unauthorised access to or alteration of your transmission or data with respect to the Service or the GBL website; (iv) statements or conduct of any third party on the GBL website or; (v) any other matter relating to the Service or the GBL website. The refund of any monies paid by you to that point will be subject to and made at the absolute discretion of the Company.

Subscriber’s Declaration

The Applicant agrees to abide by all of the Terms and Conditions contained herein.

Copyright © 2013 Go Buy Local
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