Terms of Use

 

THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.

  1. Acknowledgement & Acceptance of Agreement
    1. This Listings Service Agreement (along with all other applicable terms and conditions, including, without limitation, the Business.com Terms of Use, the Code of Conduct and the Editorial Guidelines, which are hereby incorporated by reference in this 'Agreement') is made and entered into by Business.com, a Purch Group, Inc. brand, a Delaware corporation with offices located at 1900 Wright Place, Carlsbad, CA 92008 ('Business.com') and the business entity identified by you when registering and accepting this Agreement (the 'Advertiser' or 'you') by clicking on an 'I Accept' button or similar button or link, where such action is identified as having the effect of accepting this Agreement. You acknowledge, represent and warrant that you are authorized to enter into this Agreement on behalf of the Advertiser, that your Acceptance of this Agreement has the effect of making the Advertiser a party bound to this Agreement, and that the information submitted by you to Business.com, via online forms or otherwise, is and will continue to be authentic and correct.
    2. Pursuant to this Agreement, Advertiser submits business Business Listing(s) and/or link(s) to, its web site(s) for inclusion on Business.com's web site. The terms and conditions applicable are set forth below.
    3. Basic inclusion of a website title, description and URL ('Business Listing') on the Business.com site are sold on an inclusion basis for a one time, non-refundable setup fee and an annual renewal fee. THE SETUP FEE IS IN CONSIDERATION FOR BUSINESS.COM'S EDITORIAL REVIEW OF THE BUSINESS LISTING SUBMISSION AND IS THEREFORE NON-REFUNDABLE, EVEN IN THE EVENT THAT BUSINESS.COM DECLINES TO INCLUDE ADVERTISER'S BUSINESS LISTING. Business.com may, in its sole discretion, change the setup or annual renewal fee at any time.
    4. Following submission by Advertiser of a Business Listing submission form, Business.com will review the Business Listing entry containing the information submitted by Advertiser regarding its website, to determine whether Advertiser's Business Listing entry and applicable web site is eligible for inclusion in Business.com. Within five (5) business days from the date the Business Listing submission form is received by Business.com, Business.com will review Advertiser's Business Listing entry inclusion to determine whether it is eligible for inclusion in Business.com.
  2. Notification of Changes
    1. Business.com may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the annual fees charged for the Listing Services. Whenever Business.com changes this Agreement, it will post those changes to its Web Site and will update the 'Last Updated' date at the top of this Agreement. The revised terms will become effective on the date Business.com posts such changes to its Web Site, except annual fee increases will become effective at the time your annual Agreement automatically renews. It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if Business.com determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify Business.com of your election not to renew your Agreement, as provided in Section 3 below.
  3. Term of Agreement
    1. Business.com may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
    2. Auto-Renewal: Advertiser's 2. Business Listing subscription will be automatically renewed for successive one-year terms, unless Advertiser notifies Business.com by sending an email with the words 'CANCELLATION' in the subject line to customerservice@business.com. Advertiser shall deliver such notice at least thirty (30) days prior to the commencement of the next renewal term. If Business.com is unable to process Advertiser's credit card payment because the credit card has expired or is otherwise invalid, then Business.com may contact Advertiser to obtain payment information and/or cancel Advertiser's subscription and/or run the credit card with updated expiration date.
    3. The cost of the renewed Listing will be the then-current standard rate. Advertiser's credit card will be charged the non-refundable renewal fee in accordance with the terms of this Agreement.
  4. Service Fees and Payment Terms
    1. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Business.com in writing within sixty (60) days after any such charge; failure to so notify Business.com shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Business.com. No other measurements or statistics of any kind shall be accepted by Business.com or have any effect under this Agreement.
    2. Fees: Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Business.com by sending a detailed notice of dispute to Business.com via email at: billing@business.com within ten (10) days of the charge; failure to so notify Business.com shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Business.com. No other measurements or statistics of any kind shall be accepted by Business.com or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
    3. Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser shall reimburse Business.com for any costs and fees (including attorneys' fees) incurred by Business.com in an effort to collect any amount due hereunder.
    4. Disputes: If Advertiser has any questions or objections regarding charges to its credit card, it must promptly (within 30 days) notify Business.com in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection before it disputes the charge with the credit card processing company. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Advertiser fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) advertiser files a dispute with the credit card processing company that is not in good faith, Advertiser will be in material breach of this Agreement and Business.com will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because of Advertiser's failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
    5. Payment Method: To maintain a Listing account with Business.com, Advertiser must maintain a valid Visa, MasterCard or American Express credit card number on file with us. Advertiser's credit card will be charged upon submission and renewal of a Listing pursuant to Section 6 below. Listing accounts are renewed on an annual basis as set forth in Section 6. Advertisers are generally required to pay for Listings by the credit card method.
  5. Editorial Standards and Requirements
    1. Advertiser's Listing entries are written by Business.com, or written by Advertiser subject to Business.com's approval. Advertiser agrees to be bound by and follow the Business.com editorial standards as described in Business.com's Editorial Guidelines. Advertiser's submissions to the Business.com site will be subject to Business.com editorial review, modification and/or removal in Business.com's sole discretion. Business.com reserves the right, but not the obligation, to review Advertiser submissions.
    2. ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE BUSINESS.COM SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, BUSINESS.COM OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
    3. ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS BUSINESS.COM AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES (COLLECTIVELY, 'LOSSES') THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER'S LINKS OR LISTINGS. BUSINESS.COM RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
  6. Security
    1. Business.com endeavors to protect the security of Advertiser's payment information during transmission by using Secure Sockets Layer ('SSL') when receiving payment information through the Business.com website. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser's account on Business.com.
  7. Registration Information
    1. In connection with the Listing program, Advertiser is required to submit registration information. Business.com may use such information to contact Advertiser regarding its listings and links. Business.com may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of Business.com, its affiliates or related parties. Notwithstanding anything to the contrary herein, Business.com may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Business.com with another entity.
  8. License
    1. Advertiser hereby grants to Business.com a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser's listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the 'Advertiser Marks'), for purposes of providing the services covered by this Agreement; and (ii) incorporate in Business.com's sites links provided by Advertiser as part of its listings and submissions.
  9. Warranty Disclaimer
    1. NEITHER BUSINESS.COM NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. BUSINESS.COM'S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND BUSINESS.COM'S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT BUSINESS.COM'S SITE IS OPERATED ON AN 'AS IS', 'AS AVAILABLE' BASIS, AND THAT NEITHER BUSINESS.COM NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
  10. Limitation of Liability
    1. IN NO EVENT SHALL BUSINESS.COM OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL BUSINESS.COM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO BUSINESS.COM BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.
  11. Privacy
    1. In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of Business.com's site while such users are browsing or viewing Business.com's sites, or place any file or code, including cookies, on the personal computers of users of Business.com's sites while such users are browsing or viewing Business.com's sites. Business.com's privacy policies shall apply to users of Business.com's Web Site while users are browsing or viewing Business.com's site, and Advertiser shall comply with same. Business.com shall own all information relating to user access to Business.com's site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. 'Personal Information' includes an individual's name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
  12. Reservation of Rights
    1. Advertiser agrees that Business.com retains all right, title and interest in and to Business.com's technology, services and other intellectual property rights. Advertiser agrees that it will notreproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Business.com, except as explicitly provided herein or approved in advance in writing by Business.com.
  13. Miscellaneous
    1. Business.com reserves the right, in its sole discretion, to (i) remove Advertiser's Listing and/or cancel Advertiser's account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the Business.com Directory or website. Payment of Advertiser's fee will not guarantee that Advertiser's listing(s), link(s) and/or account will remain on the Business.com Directory or website if Advertiser or Advertiser's listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Business.com all moneys due hereunder.
    2. Receipt times of all submissions, notices and other correspondences and transactions via the Business.com site are measured based on receipt by Business.com's servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of the State of California, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Business.com must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of or related to this Agreement shall be the state and federal courts located in San Diego County, California, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of Business.com. Business.com may freely assign and delegate the Agreement and any of its rights and obligations hereunder

 

 

Standard Business Listings Terms and Conditions

These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by True Local.com.au (ALS).
ALS maintains a comprehensive business listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of Australian businesses and services. To make the database as comprehensive as we can, it is not limited to businesses which have commercial arrangements with ALS. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with ALS.

Advertising Products Terms and Conditions

  1. Acceptance of Terms
    • 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.truelocal.com.au, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
    • 1.2. The terms that apply to your Contract and Service are set out in:
    • 1.2.a. these terms including any attachments;
    • 1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
    • 1.2.c. where applicable; the commercial credit application;
    • 1.2.d. the website terms of use located at www.truelocal.com.au ;
    • 1.2.e. any advertising rules and/or guidelines which apply to your Service; and
    • 1.2.f. any equivalent approved and authorised document received by ALS.
    • 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.truelocal.com.au or www.australianlocalsearch.com.au, or otherwise issued by Australian Local Search Pty Ltd (ALS).
    • 1.4. ALS, in its sole discretion, may vary these terms and conditions at any time without notice.
  2. Term of Advertising Contract
    • 2.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by ALS.
    • 2.2. The Contract will continue for the period set out in the order form or equivalent contract.
  3. Changes to the Contract, Product or Terms
    • 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by ALS without any prior warning or notice.
    • 3.2. The changes will be effective as soon as they have been posted on the Website.
    • 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
    • 3.4. Your continued use of True Local after any modifications indicates you have accepted the new terms and conditions.
  4. Advertiser Content
    • 4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of ALS including as to deadlines and delivery formats
    • 4.2. ALS takes no responsibility for any of the Advertiser Material.
    • 4.3. ALS will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
    • 4.4. ALS may remove, revise or refuse to publish any Advertiser Material.
    • 4.5. ALS reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to ALS;
    • 4.6. Recognition of advertising in other media channels:
      • 4.6.a. ALS may present advertisements of businesses that also advertise in other media channels in a different position and in a different format to that of other advertisements.
      • 4.6.b. This variance in presentation is solely at the discretion of ALS and Advertisers may assume no right of entitlement to this based on their other advertising. ALS may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
    • 4.7. The Advertiser acknowledges and agrees that ALS may provide the Directory from time to time to other commercial enterprises including for publication on another website. ALS does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of ALS. The Advertiser acknowledges and agrees that:
      • 4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
      • 4.7.b. ALS is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
      • 4.7.c. ALS retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
  5. Termination of Contract
    • 5.1. This Contract may be terminated in the following ways:
      • 5.1.a. At any time the Advertiser and ALS agree;
      • 5.1.b. By ALS without notice if:
        • 5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or
        • 5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for ALS to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.
    • 5.2. ALS may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to ALS including, without limitation, the Advertiser’s obligations to:

      • 5.2.a. make any payment to ALS in cleared funds by the due date for payment.: and
      • 5.2.b. if applicable, maintain sufficient funds as required by clause 12.2

      From termination ALS ceases to have any obligation to supply services to the Advertiser. Clause 6.5 survives termination by ALS.

  6. Liability and Indemnity
    • 6.1. The Advertiser indemnifies ALS against any successful claim by any third party against ALS in respect of any matter arising from the operation, use, transfer of data or money to and from ALS by the Advertiser.
    • 6.2. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with ALS, the Advertiser indemnifies ALS and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
      Without limiting the generality of the above, Advertisers and or advertising agencies indemnify ALS and its directors, employees and agents against any claims arising from:
      • 6.2.a. defamation, libel, slander of title;
      • 6.2.b. infringement of copyright;
      • 6.2.c. infringement of trade marks or names of publication titles;
      • 6.2.d. unfair competition;
      • 6.2.e. breach of trade practices, privacy or fair trading legislation; and
      • 6.2.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
    • 6.3. Advertiser indemnity: The Advertiser indemnifies ALS for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
    • 6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with ALS without the prior written consent of ALS.
  7. Intellectual Property
    • 7.1. All intellectual property in relation to material included on the Website belongs to ALS or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
    • 7.2. Apart from fair dealing permitted by the Copyright Act 1968, ALS grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
    • 7.3. Maps and map data:
      • 7.3.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
      • 7.3.b. Except as expressly permitted by these terms and conditions, the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of ALS. The terms of use for Google Maps located on True Local can be found at http://www.google.com/intl/en_us/help/terms_maps.html.
      • 7.3.c. ALS provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against ALS or Google pertaining to the suitability for any given purpose and performance of Google Maps.
  8. Privacy
    • 8.1. ALS will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at www.truelocal.com.au/cms/privacy-policy Advertisers and Users acknowledge ALS’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.
  9. General Notices
    • 9.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
    • 9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
    • 9.3. Any notice to be served to ALS under this Contract must be served personally by post or email to ALS at: 
      Attention: True Local Customer Service Department
      130 Pitt Street
      Sydney NSW 2000
      Email: support@truelocal.com.au
  10. Definitions
    • "person" 
      includes a corporation;
    • "month" 
      means calendar month;
    • "Advertiser" 
      means the business or their authorised representative (including an advertising agency) that has entered into an agreement with ALS in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;
    • "follow-on term" 
      means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
    • "GST" 
      has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
    • "service" 
      means such of ALS products or services purchased by the Advertiser as indicated in the invoice from time to time;
    • "stand-alone" 
      A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement;
    • "Users" 
      means users of the Website including, where appropriate, Advertisers.
    • "Contract" 
      means documents or recording including: 
      1. these terms including any attachments; 
      2. the approved and authorised Order Form or equivalent Contract; 
      3. where applicable; the commercial credit application; 
      4. the Website terms of use located at www.truelocal.com.au; 
      5. any advertising rules and/or guidelines which apply to your Service; 
      6. any equivalent approved and authorised document Contract received by ALS
      7. the approved and authorised voice recording of order or equivalent contract.

Additional Business Listings Terms and Conditions

The following Additional Terms and Conditions are applicable to all paid business listings or advertising purchased directly from True Local.com.au (ALS). Other terms and conditions may apply to business listings or advertising purchased through an agent or partner of ALS. Advertisers should carefully review all applicable terms and conditions before purchasing any listing or advertising.

  1. Term of Advertising Contract
    • 11.1.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by ALS.
    • 11.1.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Clause 6.
  2. Fees and Charges
    • 12.1. Invoicing and payment:
      • 12.1.a. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract by ALS, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
      • 12.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
      • 12.1.c. ALS reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
      • 12.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
      • 12.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, or equivalent document.
      • 12.1.f. Payment methods and payment terms accepted by ALS are as follows: credit card and direct debit are cash on the due date.  For contracts of $4,000 plus gst per annum paid by credit card or direct debit ALS require a completed credit application; cheque and electronic funds transfer are strictly 30 days from date of tax invoice. Customers paying by cheque and electronic funds transfer are required to fill out a credit application. 
      • 12.1.g. Should the Advertiser elect to pay by credit card then ALS reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
      • 12.1.h. Should the Advertiser’s account exceed ALS’s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
      • 12.1.i. If the Advertiser at anytime exceeds ALS’s payment terms and as a result is passed on for collection and or legal action ALS may place a default against the Advertiser with a credit reporting agency.
      • 12.1.j. For those Advertisers applying for a commercial credit account the payment terms will be 30 days from invoice date.
      • 12.1.k. Approval of a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet ALS’s terms and conditions.
      • 12.1.l. In consideration of ALS having agreed at the directors’ request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to ALS on demand of all monies now or in the future payable to ALS by the Advertiser.
      • 12.1.m. This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, ALS granting time or any other indulgence to the Advertiser or any other person; any arrangement between ALS and the Advertiser or any other person, ALS failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by ALS; any director not executing this guarantee; or any other event, act or omission on ALS’s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.
    • 12.2. If required by the payment arrangements agreed between ALS and the Advertiser, the Advertiser must at all times maintain sufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges payable to ALS as and when they are due.
    • 12.3. Confidential account information: The Advertiser acknowledge and agree: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
      • 12.3.a. ALS may, at any time, in relation to either the advertiser, a partner or director:
        • 12.3.a.i. disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:
        • 12.3.a.i.1. a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
        • 12.3.a.i.2. another credit provider;
        • 12.3.a.ii. obtain a credit report from another credit provider about that person’s credit worthiness;
        • 12.3.a.iii. disclose information to another credit provider about that person’s consumer credit worthiness;
        • 12.3.a.iv. use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to Section18L(4) of the Privacy Act 1988(Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
        • 12.3.a.v. disclose a report , including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
        • 12.3.a.vi. disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g of the Privacy Act 1988(Cth).
      • 12.3.b. A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to ALS:
        • 12.3.b.i. pursuant to Section 18K(1)b of the Privacy Act 1988 (Cth).
        • 12.3.b.ii. pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988 (Cth).
    • 12.4. Nothing prevents ALS from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
    • 12.5. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action ALS may place a default against the advertiser with a credit reporting agency.
  3. Cancellation Policy
    • 13.1. If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must do the following:

      For contracts agreed to prior to January 24, 2011.
      • 13.1.a. Give one (1) month notice by telephone Monday - Friday (9am-5pm) AEST. The cancellation will be recorded and confirmed during the call.
      • 13.1.b. The Advertiser acknowledges that a cancellation request will incur cancellation fees as set out below. 
        For:
        • A Premium Listing where the cancellation is received within six (6) calendar months of the contract start date, a cancellation fee of $300 plus GST will apply;
        • A Top of List, Tile advertisement and/or Strip advertisement where the cancellation is received within twelve (12) months of the contract start date, a cancellation fee of 50% of the product value will apply (minus any payments made prior to the cancellation request);
        • A stand-alone Priority Listing where the cancellation is received within the first six (6) calendar months of the contract start date where a six (6) month upfront payment has been made, the Advertiser will not be eligible for a refund; and
        • A Basic Listing product where the cancellation is received at any time during the twelve (12) month term, no cancellation fee will apply however the Advertiser will be required to pay the total annual fee, or part thereof, that remains due and payable as at the time of cancellation.

      For contracts agreed to from January 24, 2011.

      • 13.1.c. Provide notice via telephone Monday - Friday (9am-5pm) AEST. The cancellation will be recorded and confirmed during the call.
      • 13.1.d. The Advertiser acknowledges that a cancellation request will incur    cancellation fees as set out below.
        • For twelve (12) month contract terms: 
          Basic, Priority & Premium Listings, Serviced Areas, Top of List, Tile Advertising, Strip Advertising, 1300 Numbers or Multi Listing contracts  where the cancellation is received after twelve (12) months of the contract start date, a cancellation fee equivalent to the remainder of the contract plus GST will apply;
        • For six (6) month contract terms:
          Basic, Priority & Premium Listings, Serviced Areas, Top of List, Tile Advertising, Strip Advertising, 1300 Numbers or Multi Listing contracts  where the cancellation is received after six (6) months of the contract start date, a cancellation fee equivalent to the remainder of the contract plus GST will apply;
      • 13.1.e. A cooling off period of five (5) business days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation during the five (5) business day cooling off period.  All cancellations within the cooling off period should be made via telephone and the cancellation will be recorded and confirmed during this call.
      • 13.1.g. Any refund due and payable will be paid less any applicable cancellation fees.
  4. Advertising Proposals

    An advertising proposal does not constitute an agreement between ALS and the advertiser.  All advertising proposals expire within 14 days of the proposal being presented unless stated otherwise in writing.  Should an advertising proposal include position availabilities these will expire within two (2) days of the proposal being presented unless stated otherwise in writing.

Website Terms of Use

Welcome to the True Local site (the Site). These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.

  1. Use of this site
    • 1. Australian Local Search Pty Ltd (ABN 68109826351) (ALS) is the owner and operator of the Site.
    • 2. Users of the Site, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at ALS’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
    • 3. The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from ALS.
    • 4. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.
    • 5. Additional terms and conditions for True Local Advertising Products can be found at http://www.truelocal.com.au/cms/business-centre-products.
  2. User’s Obligation
    • 6. Users will not:
      • a. use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
      • b. submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
      • c. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to ALS or do anything that compromises the security and/or stability of the Site or the directory;
      • d. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
      • e. send automated queries of any kind to the Site or the directory without ALS’s express written permission.
  3. Member Account Terms of Use
    • 7. Users agree:
      • a. to abide by the Terms & Conditions;
      • b. to provide accurate, current and complete information at all times;
      • c. to maintain the security of passwords and/or identification;
      • d. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
      • e. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
      • f. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
      • g. that ALS has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for ALS to contact Users directly, ALS will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. ALS will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.
  4. Business Owner Terms of Use
    • 8. In signing up as a Business Owner you:
      • a. agree that you are the registered business owner or authorised representative of the business being registered;
      • b. agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;
      • c. acknowledge that, to the extent permitted by law, ALS is not liable for any Content that causes you or your business any loss or damage;
      • d. acknowledge that ALS reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and
      • e. understand that ALS at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.
  5. True Local Mobile Terms and Conditions
    • 9. The True Local Mobile website (Msite) is an extension of the Site specifically designed to provide optimal user experience for mobile devices and general location tracking using a mobile phone’s "Unique ID" technology/service. To use the MSite you must have a compatible handset. Users acknowledge that:
      • a. "Unique ID" does not provide the User’s precise location, and instead provides the location of the mobile phone tower being used by the User’s mobile phone. Location Based Services (LBS) technology is not precise;
      • b. in some circumstances, if LBS is unable to locate the User, the User will be prompted to enter their postcode or suburb to assist in this process;
      • c. if a User is not happy with their current location provided by LBS then the User has a choice to replace it by typing in their preferred location (only a suburb name or postcode and state or territory) and perform a search in that location;
      • d. Users will be charged for data usage as per their data pricing plan which is governed by the relevant carrier; and
      • e. banner advertising may appear during your use of the Msite.
  6. Search Box Terms of Use
    • 10. These clauses 10 to 12 govern the inclusion of a True Local search box on your own website (Your Site) which will enable you to offer users of Your Site the ability to search the True Local database (Your True Local Search Function).
    • 11. By using the True Local search box on Your Site, you agree that:
      • a. ALS operates a business listing service for Australia but that, despite reasonable commercial endeavours, the data within the directory may not be fully exhaustive, accurate or current;
      • b. Your True Local Search Function will operate in accordance with the following principles:
        •  i. A search box will be supported by functionality which will allow search requests to be received at the True Local network interface thereby providing a business listings search function for Your Site which will permit users to search a True Local directory;
        • ii. The Content of the True Local directory to be searched will be the same as the Content of the directory which is searched by users of www.truelocal.com.au;
        • iii. Search results will be displayed on a results page hosted by True Local and will include listed businesses (if any) and mapping information (where possible, subject to licensing and other issues); and
        • iv. You may not make any changes to the appearance of the search box as provided by us without our prior written consent.
      • c. ALS has no liability to any party or any other person in relation to your True Local Search Function or the appearance or use of or reliance on search results. You indemnify us in relation to any claim made against us or loss suffered by us in relation to the use by any third party of your True Local Search Function or their use of or reliance on any search results; and
      • d. ALS may terminate this agreement and ability to display a True Local search box at any time and at its own discretion and without prior notice.
    • 12. ALS makes no warranties or representations in relation to the availability of Your True Local Search Function and the accuracy or completeness of any search results.
  7. Intellectual Property
    • 13. Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to ALS or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
    • 14. You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by ALS. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
    • 15. Other, non-ALS trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
  8. Privacy
    • 16. ALS will collect, use and disclose any personal information in accordance with its Privacy Policy which can be viewed at www.truelocal.com.au/cms/privacy-policy. Users acknowledge ALS’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.
  9. Liability & Indemnity
    • 17. ALS does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, ALS otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 - 22 apply.
    • 18. ALS does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of ALS. All Content on the Site may be changed and/or removed at ALS’ sole discretion and without notice.
    • 19. ALS will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21.
    • 20. ALS does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that ALS or the server that makes it available, are free of viruses or bugs.
    • 21. Liability of ALS, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at ALS’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
    • 22. You indemnify ALS and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
  10. Third Party Content & Links
    • 23. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
    • 24. This Site may include links to third party sites which are not related to ALS and in relation to which ALS has no control or interest. The appearance of those links on this Site does not indicate any relationship between ALS and that third party or any endorsement by ALS of that third party, its site or the products or services which it is advertising on this Site.
  11. Contributing Content
    • 25. When you submit Content to ALS in any format, including any text, photographs, graphics, video or audio, you grant ALS and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
    • 26. ALS reserves the right not to use the Content you submit.
    • 27.  You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
    • 28. You indemnify ALS against any and all legal fees, damages and other expenses that may be incurred by ALS as a result of a breach of the above warranty.
    • 29. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
  12. General
    • 30. These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.
    • 31. Any notice to be served to the Company under this agreement must be served personally by post or email to the Company at:
      Attention: True Local Customer Service Department
      130 Pitt Street
      Sydney NSW 2000
      Email: support@truelocal.com.au

 

 

 

Direct Debit Request Service Agreement

Australian Local Search Pty Ltd (“True Local”) (User ID number 454156) irrevocably agrees that this request will only be used in connection with the amount referred to in your Order(s). You must confirm your account details by checking your credit card or a recent bank account statement from your financial institution. True Local will provide 14 days notice to you in writing if the terms of this agreement are to change.

Please contact True Local Sales at sales@truelocal.com.au should you wish to:

 

Please note True Local requires three business days notice to act on your request.

If you dispute any drawing amount or the reason of drawing you must first contact True Local Sales at sales@truelocal.com.au. True Local undertakes to address your query within seven business days. If your query is not addressed within this period the disputed amount will be refunded until the matter has been resolved.

If the due date of the drawing falls on a public holiday or a non business day, True Local will direct debit your Credit Card/Bank Account within two business days from the drawing date. If you are uncertain when the charge will be processed you should contact your financial institution directly. Should a dishonour occur as a result of any drawing under this request, a further attempt by us to draw may be made within five business days or by mutual agreement by telephone. An administration fee may be applied.

True Local is committed to the protection of your personal details and any information provided to True Local will remain confidential subject to any applicable law. You consent to True Local maintaining your nominated BSB and Account Number on our database, using a third party for the secure storage of your credit card details or releasing your account information to investigate with your and True Local’s financial institutions any possible incorrect debits.

It is your responsibility to ensure that your financial institution account can accept direct debit drawings, and sufficient funds are in your account to cover the direct debit at the time of drawing.

Should you have any queries regarding your direct debit payments please contact True Local Sales at sales@truelocal.com.au.

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