Terms & Conditions

Local Offers Terms and Conditions
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Effective Date: 15/04/2024

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE LOCALOFFERS PLATFORM ("PLATFORM").

​1. Introduction
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1.1. Agreement to Terms

Welcome to LocalOffers, a platform designed to connect local businesses ("Business Users") with consumers ("Consumers") seeking goods and services. By accessing or using the Platform in any way, including browsing, registering, or interacting with any of the offered functionalities, you ("User") signify your acceptance of and compliance with these Terms.​These Terms establish a binding legal agreement between you and LocalOffers and govern your use of the Platform. It's important that you understand these Terms thoroughly, so please take your time to read through them carefully. If, at any point, you disagree with any provision of these Terms, you are unfortunately not authorized to use the Platform, and your only recourse is to cease using it immediately.

​1.2. Updates to Terms

LocalOffers is constantly evolving to improve the Platform and user experience. As a result, we may occasionally need to update these Terms to reflect these changes. We reserve the right to update these Terms at any time without prior notice. However, we will always post the updated Terms on the Platform so you can stay informed. Your continued use of the Platform following the posting of any updates constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Platform.​

2. Definitions
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To ensure clear communication and avoid confusion, these Terms define certain key terms used throughout the document:​

Content: This encompasses all materials uploaded, posted, or displayed on the Platform, including text, data, images, videos, and other information, whether generated by Users or LocalOffers.

Platform: This refers to the entirety of the LocalOffers experience, including the websites and mobile applications that make up the platform.

Services: This encompasses all functionalities and features offered by LocalOffers, including business listings, user interactions, communication tools, and transaction processing.

User: This refers to anyone who accesses or uses the Platform, categorized as either a Business User (offering goods or services) or a Consumer (seeking goods or services).​

By understanding these core definitions, you'll be better equipped to navigate the Platform and its functionalities.​

3. User Accounts
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3.1. Account Creation

To unlock the full potential of the LocalOffers platform and take advantage of all features, Users are required to register for an account. The registration process is simple and requires you to provide accurate, complete, and current information as prompted by the registration form.Business Users may have additional requirements during account creation. For instance, they may be asked to furnish business registration details and proof of professional qualifications to ensure legitimacy and enhance trust within the platform.​

3.2. Account Maintenance

The security of your account is your responsibility. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. It's crucial to choose a strong password and keep it safe. Furthermore, you are responsible for all activities that occur under your account. If you suspect any unauthorized access or activity related to your account, you must notify LocalOffers immediately to minimize any potential risks.​

3.3. Deactivation

LocalOffers reserves the right to deactivate any User account that violates these Terms or for any other reason, with or without notice. This includes accounts that engage in prohibited activities, violate intellectual property rights, or exhibit abusive behavior towards other Users. We also reserve the right to deactivate accounts that are inactive for extended periods.​

4. Scope of Services
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4.1. Platform Functionality

LocalOffers acts as a facilitator, providing a platform for Business Users to list their offerings, which can include goods or services. Consumers can then browse these listings, discover businesses that meet their needs, and engage with them directly through the Platform. This includes features for communication, negotiation, and potentially even initiating transactions directly within the Platform environment. LocalOffers strives to create a smooth and efficient experience for both Business Users and Consumers.​

4.2. User Interactions

While LocalOffers provides the infrastructure for interactions, it's important to remember that transactions and service delivery ultimately occur between Users themselves. LocalOffers does not directly participate in these transactions and may not be held liable for any issues arising from them. Local Offers and Get Listings PTY LTD bear no responsibility for the content of the offers or the outcome of any interactions or transactions initiated through the Platform.​

4.3. Modifications to Services

LocalOffers is committed to continuous improvement and innovation. As a result, we reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice. We will make reasonable efforts to inform Users of any significant changes that may impact their experience on the Platform.​

5. User Obligations
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5.1. Compliance with Law

As a responsible User of the LocalOffers Platform, you are obligated to comply with all applicable local, state, national, and international laws and regulations while using the Platform. This includes laws governing business practices, consumer protection, data privacy, and intellectual property. LocalOffers operates within a legal framework, and we expect all Users to do the same.​

5.2. Prohibited Activities

To maintain a safe and secure environment for all Users, certain activities are strictly prohibited on the Platform. These include, but are not limited to:​Engaging in any conduct that disrupts or interferes with the normal operation of the Platform or its services.Violating or infringing upon the intellectual property rights of others, such as copyrights, trademarks, or patents.Uploading or transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or hateful.Impersonating any person or entity, including a representative of LocalOffers.Misusing the Platform's communication features for spam, unsolicited marketing messages, or harassment.Attempting to gain unauthorized access to the Platform or its systems.Using the Platform for any purpose that is unlawful or violates these Terms.LocalOffers reserves the right to take appropriate action against Users who engage in any prohibited activities, including account suspension or termination.​

5.3. User Conduct

LocalOffers fosters a community built on respect and professionalism. Users are expected to interact with each other in a courteous and professional manner while using the Platform. This includes avoiding language or behavior that is offensive, discriminatory, or threatening.​

6. Intellectual Property Rights
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6.1. LocalOffers Content

The Platform itself, including its design, layout, logos, and other elements, is protected by intellectual property rights, including copyrights, trademarks, and patents. All ownership rights to this content belong to LocalOffers or its licensors. You are not permitted to use, modify, reproduce, distribute, or create derivative works of this content without explicit permission from LocalOffers.​

6.2. User Content

When you submit Content to the Platform, such as text, images, or videos, you grant LocalOffers a non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such Content. This license allows us to display your Content on the Platform and potentially use it for marketing or promotional purposes. However, you retain ownership rights to your Content.​

6.3. Copyright Infringement

LocalOffers respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon by Content appearing on the Platform, you can report the alleged infringement through the designated channels provided on the Platform. We will take appropriate action to address reported infringements in accordance with applicable copyright laws.​

7. Privacy and Data Protection
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7.1. Data Collection and Privacy Policy

LocalOffers is committed to protecting your privacy. We collect certain personal information from Users in order to operate the Platform and deliver our services. This information is collected and handled in accordance with our Privacy Policy, which is a separate document available on the Platform. The Privacy Policy details how we collect, use, store, and protect your personal information, and it outlines your rights regarding your data. We encourage you to review the Privacy Policy carefully to understand how your information is handled.​

7.2. User Consent

By using the Platform, you acknowledge and consent to the collection, use, and sharing of your personal information as described in the Privacy Policy. You also acknowledge that your information may be transferred to and processed in countries other than your own, where data protection laws may differ.​

7.3. Your Data Rights

The Privacy Policy outlines your rights regarding your personal data. This may include the right to access, correct, update, or delete your personal information. You may also have the right to restrict or object to the processing of your data. LocalOffers is committed to respecting your data rights and will make reasonable efforts to comply with your requests.​

8. Payment Terms
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8.1. Fees

Local Offers may charge fees for certain features or services offered on the Platform. These fees will be clearly communicated through the Platform and may include transaction fees, listing fees, or subscription fees. The specific fees applicable to your use of the Platform will depend on the features and services you choose to utilize. We reserve the right to change our fee structure at any time, with notice.​

8.2. Payment Processing

If you choose to pay any fees associated with the Platform, you will be required to provide a valid payment method. LocalOffers may use a third-party payment processor to handle transactions. You are responsible for ensuring that your payment method information is accurate and up-to-date.​

8.3. Refund Policy

LocalOffers provides a clear and transparent Refund Policy outlining the terms under which refunds are processed for transactions or fees paid on the Platform. This policy details scenarios where refunds may be applicable and the timeframe for requesting a refund. We encourage you to review the Refund Policy before making any transactions on the Platform.​

9. Dispute Resolution
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9.1. Attempting to Resolve Disputes Amicably

LocalOffers strives to foster a positive and collaborative environment for all Users. If you encounter a dispute with another User while using the Platform, we encourage you to attempt to resolve the dispute amicably through direct communication.​

9.2. Dispute Resolution Process

If you are unable to resolve a dispute directly with another User, LocalOffers may offer a dispute resolution process to facilitate communication and potentially reach a solution. This process may involve mediation or arbitration, depending on the nature of the dispute.​

9.3. Governing LawThese Terms and Conditions (and any disputes arising from or relating to them) shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.​

9.4. Binding ArbitrationYou and LocalOffers agree that any dispute arising from or relating to these Terms or your use of the Platform (collectively, "Disputes") will be settled by binding arbitration, administered by a reputable arbitration service provider, in accordance with its arbitration rules. The arbitration will be held in Sydney, New South Wales, Australia, or at another mutually convenient location. The decision of the arbitrator will be final and binding on you and LocalOffers.​

10. Modifications to the Platform
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10.1. Service Changes

LocalOffers is constantly evolving to improve and enhance the user experience. As a result, we reserve the right to modify, suspend, or discontinue the Platform or any part of its services at any time, with or without prior notice. We will make reasonable efforts to inform Users of significant changes that may impact their use of the Platform.​

10.2. Your Continued Use

Your continued use of the Platform following any modifications to the Terms or the Platform itself constitutes your acceptance of such changes.​

11. Additional Provisions
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11.1. Termination

LocalOffers reserves the right to terminate your access to the Platform for any reason, with or without cause, and without prior notice. This may result in the forfeiture and deletion of all information associated with your account, including your listings, reviews, or other data.​

11.2. Entire Agreement

These Terms constitute the entire agreement between you and LocalOffers regarding your use of the Platform. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.​

11.3. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.

​11.4. Waiver

No waiver by LocalOffers of any breach of any provision of these Terms shall be deemed a waiver of any subsequent breach. No waiver shall be effective unless made in writing, signed by an authorized representative of LocalOffers.​

11.5. Third-Party Beneficiaries

These Terms are made for the benefit of LocalOffers and Users only and do not confer any third-party beneficiary rights.​

11.6. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by overnight courier to the addresses set forth below.

​If to LocalOffers: ​406/57 Upper Pitt Street, Kirribilli, 2061, NSW, Australia.

​If to User:​ The address set forth in your User account on the Platform​

11.7. Governing Law and Jurisdiction

These Terms and Conditions (and any disputes arising from or relating to them) shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You and LocalOffers agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia for the resolution of any disputes arising from or relating to these Terms or your use of the Platform.​

11.8. Limitation of Liability

To the fullest extent permitted by applicable law, LocalOffers and Get Listings PTY LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform; (ii) any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall LocalOffers' and Get Listings PTY LTD's total liability to you for all claims, damages, losses, and causes of action exceed the amount you paid to LocalOffers in the past six months, if any, for accessing or using the Platform.​

11.9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. Use of the Platform is at your own risk. To the maximum extent permitted by applicable law, the Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, LocalOffers, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Platform.​

12. Contact Information
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If you have any questions about these Terms, please contact LocalOffers through the contact information provided on the Platform. You can also reach us by email at info@localoffers.com.au.​

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.​

Effective Date: 15/04/2024