Robinson Nielsen Legal 2018
Website Legals
1. Acceptance and Agreement
1.1 Our Website Legals are the terms and conditions on which You visit, access, view and/or use the website of
Australian Local Business Network Pty Ltd trading as Local Biz Network Groups (Our Website) and by which You
acquire services or LBNG Membership referenced on Our Website and include Our:
(a) Terms of Use of Our Website;
(b) Disclaimers and limitations of liability relating to Our Website;
(c) Privacy Policy; and
(d) Other terms and conditions relating to services or LBNG Membership We offer or reference on Our Website.
(Our Website Legals)
1.2 You should review the contents of Our Website Legals before proceeding to visit, access, view or use Our Website
and before acquiring any services or LBNG Membership referenced on Our Website, including third party products
or services from third party providers.
1.3 By visiting, accessing, viewing or using Our Website or acquiring services or LBNG Membership referenced on Our
Website, You:
(a) Express Your understanding and acceptance of the matters set-out in these Website Legals;
(b) You warrant to Us that You have the legal capacity to enter an agreement on the terms and conditions set out
in Our Website Legals; and
(c) You enter into a legally binding agreement with Us on the terms and conditions set out in Our Website Legals.
2. License to Use Website
2.1 Subject to compliance with Our Website Legals, We grant You a limited, non-exclusive and non-transferable license
to use Our Website in accordance with Our Website Legals (License).
2.2 You may visit, access, view and use Our Website in the normal manner, but must not except as permitted under
the Copyright Act 1968 (Cth) copy, reproduce, republish, distribute or display any information on Our Website
without Our written permission.
2.3 The License to use Our Website does not include the right to use any data mining robots or other extraction tools
or to metatag or mirror Our Website.
3. Website Content and Access – No Warranties or Representations
3.1 While We endeavor to take reasonable care in preparing and maintaining the information on Our Website, We do
not warrant the accuracy, reliability, adequacy or completeness of any of the content of Our Website, nor provide
any specific advice for Your circumstances. It is Your responsibility to enquire with us directly to ensure the
accuracy and currency of the material or information you seek to rely upon.
3.2 You acknowledge and accept that the content of Our Website:
(a) may include technical inaccuracies and typographical errors;
(b) may not necessarily be up to date or accurate at the time you view it;
(c) is subject to change at any time without notice.
3.3 To the fullest extent permitted by law We exclude all representations, warranties or terms (whether express or
implied) other than those set out in Our Website Legals.
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3.4 We do not guarantee that access to Our Website will be uninterrupted or that Our Website is free from viruses or
anything else which may damage any computer which accesses Our Website or any data on such a computer.
4. Intellectual property
4.1 The content and materials displayed on Our Website, including without limitation all editorial materials,
information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks,
are Our property (or we are licensed to use them) and are protected by copyright, trade mark and other
intellectual property laws (Intellectual Property).
4.2 Any such material or content may be printed solely for Your personal, non-commercial use within Your
organization provided that any copyright notice on such a display or page is not removed. You agree not to
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third
party without Our express prior written consent.
4.3 We do not grant You any license or right in, or assign all or part of, Our intellectual property rights in the content
or applications incorporated into Our Website or in the user interface of Our Website.
5. Submissions On or Via Our Website
5.1 Any material You send to Us on or via Our Website (including without limitation any data, questions, comments,
suggestions, ideas or other information) will be deemed to be non-confidential and non-proprietary, unless it is
indicated to be otherwise. We will be entitled to use any such material which has not been indicated to be
confidential or proprietary for any purpose we see fit without compensation to You.
6. Links to Third Party Websites / Third Party Suppliers
6.1 Our Website may contain links to other websites operated, controlled or produced by third parties and third-party
providers. Unless otherwise indicated, We do not control, endorse, sponsor, evaluate or approve any, third-party
websites or their content nor do We provide any warranty or take any responsibility whatsoever for any aspect of
those websites, their content or the products or services they provide.
6.2 The views of others included on third party websites, whether linked to Our Website or not are not necessarily
the views held by Us. We do not assume any responsibility for acts or omissions of those who have authored or
made accessible that content. You should view that third party’s terms of use, terms of trade, disclaimers, privacy
policy or similar documents before You rely on their information and content or acquire their products or services.
7. Interference With Our Website
7.1You must not attempt to change, add to, remove, deface, hack or otherwise interfere with Our Website or any
material or content displayed on Our Website. Without limiting the forgoing, You must not add any content to Our
Website:
(a) Unless You hold all necessary rights, licenses and consents to do so;
(b) That would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
(c) That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threating, abusive, liable to incite racial hatred, discriminatory,
blasphemous, in breach of confidence or in breach of privacy;
(d) That would bring Us or Our Website into disrepute; or
(e) That infringes the Intellectual Property or other rights of any person.
7.2 You warrant to Us that You have complied with the preceding sub-clause. Should You not comply or act contrary
to any of the matters in that sub-clause You agree to indemnify and hold Us harmless against any and all claims,
actions, proceedings, losses, damages, expenses and costs including without limitation reasonable legal expenses
arising directly or indirectly out of or in connection with Your use of Our Website.
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7.3 If You wish to establish a link to Our Website, You must first seek approval from Us and provide the URL of the
website that You seek to establish a link from, a brief description of Your website and the reason that You wish to
establish a link.
7.4 If We agree to Your proposed link, You must comply with any terms and conditions imposed by Us as a condition
of such agreement. If the nature and/or content of Your website changes in any material way, You must contact
Us and provide a new description of Your website so We may assess whether to continue that approval.
8. Descriptions of Services or LBNG Memberships
8.1 We aim to ensure Our services or LBNG Membership and those of third party providers are described as accurately
as possible on Our website, however We do not warrant that any such description provided is accurate. Where We
become aware of any misdescription, We reserve the right to correct any misdescription, error or omission.
8.2Images on Our Website are provided for illustrative purposes only and We do not guarantee that any image will
reflect or portray the full design or options relating to any services or LBNG Membership You purchase from us or
from a Third-Party Provider.
9. Our services or LBNG Membership
9.1 Where You acquire services or LBNG Membership from Us, We may require You to enter into a service agreement,
LBNG Membership Agreement or other written agreement with Us governing the provision of those services or
LBNG Membership.
10. Orders for Services or Memberships and Payment and Delivery
10.1 All prices listed on Our Website are in Australia Dollars (AUD) and are inclusive of GST unless specifically stated
otherwise on Our Website. We endeavor to ensure Our price list is current, although reserve the right to amend
Our prices at any time.
10.2. Where there is a geographic limit on where We supply and dispatch our services or LBNG Membership that is
listed on Our Website.
10.3Unless agreed in writing by way of a services agreement or LBNG Membership agreement or otherwise with Us:
(a) Once you have submitted an order for services or LBNG Membership through Our Website You may not cancel
or vary that order;
(b) Payment is to be made via EFT or other means agreed with us at the time of order of the services or LBNG
Membership;
(c) Where there is a due date for payment later than the time of order, if no payment is received by that due date,
the service delivery may be terminated at Our discretion;
(d) Delivery of services or LBNG Membership will be as set out on Our Website or otherwise in our terms and
conditions attaching to LBNG Membership;
(e) Title in any services You order passes to You when We have received payment in full for the service; and
(f) All risk of loss or damage to the services passes to You when We provide the service to You;
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(g) Where a payment application that stores, processes and/or transmits data is used to receive payment, We will
endeavour to provide an environment which is compliant with appropriate data security standards.
11. Limitation of liability
11.1To the maximum extent permitted by law We exclude all liability for any loss or damage of any kind (including
special, indirect or consequential loss and including loss of business profits) arising out of or in connection with
the content of Our Website and Your reliance on it, Your use of Our Website and/or the performance of Our
Website, except to the extent that the loss or damage is directly caused by Our fraud or willful misconduct.
11.2 Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or
guarantee into these Website Legals which may not lawfully be excluded, then provided it is fair and reasonable
to do so, Our liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more
of the following in the case of services, to either resupplying the services or payment of the cost of having the
services supplied again.
12. Privacy Policy
12.1 We may collect personal information about you from time to time in a lawful and transparent manner and by fair
means:
(a) to the extent that it is necessary to provide a service or LBNG Memberships, to carry out Our internal
administrative operations or to meet relevant regulatory requirements; or
(b) for the purposes of enhancing Our ability to provide improved services or LBNG Memberships or to improve
service delivery to You and other persons in the future.
12.2 We have processes and procedures in place to comply with privacy legislation (as applicable from time to time)
and You may request a copy of our Privacy Policy from us at any time.
13. General Terms
13.1 These Website Legals are governed by and construed in accordance with the State of Queensland, Australia. You
agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any dispute
which may arise.
13.2 You must not assign, sublicense or otherwise deal in any way with any of Your rights contained in these Website
Legals.
13.3 If a provision of these Website Legals are invalid or unenforceable it is to be read down or severed to the extent
necessary without effecting the validity or enforceability of the remaining provisions.
13.4 Unless agreed with You in writing otherwise, these Website Legals and any service or LBNG Membership
agreement constitute the entire agreement between You and Us relating to use of this Website and matters
contemplated in it.