Terms and Conditions — Sandhurst Local

Terms and Conditions

The following provisions govern your use of sandhurslocal.com.au (the "Sandhurst Local Business Community Website") and all other services made available to you through the sandhurstlocal.com.au website. Please read these terms and conditions carefully before using the sandhurstlocal.com.au website. By using the sandhurstlocal.com.au website, you agree to be bound by these Terms and Conditions which constitute a contract between you and AJ Marketing ("we" or "us"). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the sandhurstlocal.com.au website. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the sandhurstlocal.com.au website constitutes your acceptance of and agreement to any revised Terms and Conditions.

User Submissions / Listings

General

It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the sandhurstlocal.com.au website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the sandhurstlocal.com.au website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the sandhurstlocal.com.au website (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the sandhurstlocal.com.au website, including in any directories, is true, complete and correct.

Listings

Listings are not a substitute for making your own inquiries as to the suitability of any listed business that you are considering hiring. Listings on the sandhurstlocal.com.au website are paid for and deemed appropriate; however it does not mean that we endorse any listing over another and take no responsibility for services or good that are provided by companies on the listing should you choose to engage their goods or services.

Review of submissions

Files that are uploaded by AJ Marketing on the sandhurstlocal.com.au website are subject to review, modification and deletion without notice by AJ Marketing. Owners of listings may make changes to their listing once per month without fees, but any further listing changes will be at a change cost of $20 per listing change. Files and information for upload are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on the sandhurstlocal.com.au website may be used by third parties and such use is beyond our control.

You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the sandhurstlocal.com.au website or any of our users.

We may deny you a listing on the sandhurstlocal.com.au website and/or suspend or cancel your account without notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.

Copyright and Trademarks

The entire contents and design of the sandhurstlocal.com.au website, including all trademarks, text, images and audio and video files, is proprietary to us or our content providers. The sandhurstlocal.com.au website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the sandhurstlocal.com.au website without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the sandhurstlocal.com.au website for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

General Disclaimer

Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of the sandhurstlocal.com.au website which cannot be excluded, restricted or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) to: (a) in the case of goods supplied to you, to the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair) and (b) in the case of services supplier to you, the supply of the services again, or the payment of the cost of having the services supplied again.

Subject to the Consumer Guarantees: (a) the sandhurstlocal.com.au website is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade; (b) we make no representation or warranty that any content of the sandhurstlocal.com.au website is accurate, complete, appropriate, reliable or timely; and (c) we also make no representation or warranty that your access to and use of the sandhurstlocal.com.au will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the sandhurstlocal.com.au website at any time without notice.

Use of the sandhurstlocal.com.au website

Expect as required by the Consumer Guarantees, your use of the sandhurstlocal.com.au website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the sandhurstlocal.com.au website. Neither we nor anyone else involved in creating, producing or delivering the sandhurstlocal.com.au website, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the sandhurstlocal.com.au website. You must not use any means of automatically searching or mining data from the sandhurstlocal.com.au website or in any way interfere or attempt to interfere with the proper operation of the sandhurstlocal.com.au website. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the sandhurstlocal.com.au website, our systems or data or those of any third party via the sandhurstlocal.com.au website.

Disclaimer

We strive to provide valuable and accurate information. The editors of the material contained in the sandhurstlocal.com.au website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the sandhurstlocal.com.au website neither we nor any other party involved in the preparation of material contained in the sandhurstlocal.com.au website or in any other promotional format represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.

Consumers reading material posted on the sandhurstlocal.com.au website should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the sandhurstlocal.com.au website is intended as professional advice. We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.

You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.

The sandhurstlocal.com.au website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the sandhurstlocal.com.au website does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.

Disclaimer

We do not examine, determine or warrant the information of any professional listed in our directories. We rely on the professionals listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof.

Payment Facilitator

We use Square as a third party service provider for internet based payment services to facilitate payments for transactions between you and us. You agree to be bound by Square’s Privacy Policy with is located at https://squareup.com/au/en/legal/general/privacy and hereby consent and authorise us and Square to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s).

Your initial $50 set up payment fee will be deducted via Square from your card of choice. The remaining ongoing subscription fees will be managed by Square and deducted from your designated account monthly. We reserve the right to adjust monthly subscription fees, and will communicate these adjustments accordingly.

Cancellation of listing

Sandhurstlocal.com.au may:

Cancel or refuse to accept any listing that it reasonably believes or reasonably suspects does not comply with these Terms
Reverse any payment or transaction that it reasonably believes is fraudulent or unlawful
At any time, in its sole discretion, and without prior notice to any person, cancel or revoke any listing payment

You agree and acknowledge that subject to your rights as set out in this section, sandhurstlocal.com.au shall not be liable to compensate you or any other person as a result of any termination, cancellation or reversal of a payment or transaction under this clause.

Registration

You must register and pay an initial set-up fee to obtain an account in order to submit information to the sandhurstlocal.com.au website. To do so, please go to "Join Now". After you have registered, one of our sales representatives will contact you to confirm your registration and listing details. Your service account will then be activated and you will be issued a confirmation email. If you suspect any unauthorised use of your listing, please immediately contact us. You are responsible for all unauthorised use of your services account by anyone who obtained access to your account directly or indirectly through you. You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your listing (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the sandhurstlocal.com.au website using your listing. This indemnity does not apply to the extent that we acted negligently or wilfully engaged in misconduct.

Miscellaneous

Advertisers and sponsors of the sandhurstlocal.com.au website have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.

We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the sandhurstlocal.com.au website. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, 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 and Conditions without affecting the enforceability of all remaining clauses and provisions.