Terms and Conditions – Locals in the loop

Terms & Conditions

LARISSA MAY MAHONY ABN 56 233 036 509

1. Definitions

1.1 The following definitions apply to terms used in this Agreement:

1. Website means Locals in the Loop.
2. Website Owner means Larissa May Mahony ABN 56 233 036 509 trading as Larissa May Events.
3. Contributor means businesses that are provided with access to the Website to upload information about their events.
4. User or Users means people that access the Website to view content.

1.2 The Contributor and/or User acknowledges that the Website Owner or any representative thereof has not made any representation or agreement whereby the Contributor and/or User has relied upon.

2. Warranties and Indemnities

2.1 The Contributor and/or User acknowledges that the Website Owner or any representative thereof has not made any representation or agreement whereby the Contributor and/or User has relied upon.

2.2 The Contributor warrants that:

1. all information uploaded to the Website is correct and current and acknowledges that the Website Owner has placed reliance on the accuracy of information provided and is not required to make any enquires to determine the validity of the information provided;
2. the Contributor owns any and all information including images and pictures and has the right to publish this information to the Website;
3. the Contributor and its staff will not use the Website for any illegal activity.

2.3 The Contributor and/or User indemnifies the Website Owner against all actions, claims, demands, losses, damages, costs and expenses which the Website Owner may sustain or incur or for which the Website Owner may become liable whether during or after the term of this Agreement.

2.4 The Website Owner is not liable for any loss or damage caused by a User relying on information uploaded to the Website including due to cancellation or delaying of an event.

3. Liability

3.1 The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Contributor and/or User in relation to the provision of the Services and/or Goods which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).

3.2 The Website Owner disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the User, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights.

3.3 The Website Owner is not liable to a Contributor and/or User for any claim of any kind arising directly or indirectly (whether under the statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) of any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties, as a result of or in connection with the reliance on information uploaded to the Website.

3.4 The Contributor and/or User agrees that they waive any claim, future or present, that they may have or may arise against the Website Owner that is in any way connected directly or indirectly with the information uploaded to the Website.

3.5 Notwithstanding any other provision of this Agreement, the Website Owner is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Contributor and/or User for:

1. any increased costs or expenses;
2. any loss of profit, revenue, business, contracts or anticipated savings;
3. any loss or expense resulting from a claim by a third party; or
4. any special, indirect or consequential loss or damage of any nature whatsoever caused by the reliance on information uploaded to the Website or the cancellation or delaying of any event advertised on the Website or information provided on the Website.

3.6 The Contributor further indemnifies the Website from any costs or charges that in any way either directly or indirectly relate to the supply of the information.

3.7 The Website Owner shall be under no liability whatsoever to the Contributor and/or User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Contributor and/or User arising out of a breach by the Website Owner of these terms and conditions.

4. Breach by Contributor

4.1 The Contributor acknowledges that the Website Owner will determine the levels of access that the Contributor may allocate to Contributor Staff including the venue manager, venue administrator, event manager and event administrator.

4.2 The Contributor acknowledges that the Website Owner may require authorisation from the venue manager prior to providing access to other staff.

4.3 If the Contributor breaches any terms contained in this Agreement then the Website Owner may terminate the access of the Contributor and all Contributor staff to the Website.

4.4 In the event of default under this clause, the Website Owner may, at its discretion:

1. issue a default notice, of which the Contributor will have seven (7) days to rectify the default; and
2. charge an administration fee and any legal fees incurred to recover the monies on any account that remains overdue by more than thirty (30) days.

5. Copyright

5.1 The parties acknowledge that any copyright in the Website vests with the Website Owner.

5.2 The Contributor grants to the Website Owner a non-exclusive, non-transferable, irrevocable license in relation to all images and content including photographs and other images, uploaded to the Website.

5.3 The Website Owner grants the Contributor a non-exclusive and revocable license to upload event information to the Website.

6. Privacy

6.1 The Contributor and/or User hereby authorises the Website Owner to collect, retain, record, use and disclose personal information about the Contributor and/or User, in accordance with the Privacy Act 1988 and the Website Owner’s privacy policy (located on the Website), to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by the Website Owner, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.

7. General

7.1 Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

7.2 These terms and conditions supersede all terms and conditions previously issued by the Website Owner.

7.3 A communication required by this Agreement, by a party to another, must be in writing and may be given to them by being:

1. Delivered personally;
2. Posted to their address specified in this agreement, or as later notified by them, in which case it will be treated as having been received on the second business day after posting; or
3. Sent by email to their email address, when it will be treated as received on that day.

7.4 If any provision or the application of any provision, of this Agreement is prohibited, invalid, void, illegal or unenforceable in any jurisdiction:

1. this will not affect the validity and enforceability of the provision or part in other jurisdictions;
2. the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and
3. the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement.

7.5 Any waiver of a right under this Agreement must be in writing and signed by the party granting the waiver and will not operate as a waiver in relation to any subsequent matter.

7.6 Any failure, delay, forbearance or indulgence by a party in an exercise, or partial exercise, of a right arising under this Agreement will not result in a waiver of that right or prejudice or restrict the rights of the party.

7.7 Each party must do all things and execute all further documents necessary to give full effect to this Agreement.

7.8 This Agreement will be governed by the laws of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.

7.9 The Website Owner may license or sub-contract all or any part of its rights and obligations without the Contributor’s and/or User’s consent.

7.10 The Contributor and/or User agrees that the Website Owner may review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Website Owner notifies the Contributor and/or User of such change.