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Terms

LocalTales Terms of Use

Introduction

Welcome to LocalTales. By accessing www.LocalTales.com and its related websites, services, applications or tools (Collectively referred to as "LocalTales") you are agreeing to make sure that LocalTales works for everyone. LocalTales is provided to you by LocalTales Limited,

These Terms of Use constitute a legally binding agreement between you and LocalTales.com Limited and are effective as of 29 July 2022 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a LocalTales account and by otherwise accessing LocalTales, including posting an ad; or as otherwise indicated on LocalTales

Using LocalTales

As a condition of your use of LocalTales you agree that you will not:

  • violate any laws;

  • violate the Policies;

  • post any threatening, abusive, defamatory, obscene or indecent material;

  • post or otherwise communicate any false or misleading material or message of any kind;

  • infringe any third-party right;

  • distribute spam, chain letters, or promote pyramid schemes;

  • distribute viruses or any other technologies that may harm LocalTales or the interests or property of LocalTales users;

  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of LocalTales;

  • copy, modify, or distribute any other person's content without their consent;

  • use any robot spider, scraper or other automated means to access LocalTales and collect content for any purpose without our express written permission;

  • harvest or otherwise collect information about others, including email addresses, without their consent;

  • copy, modify or distribute rights or content from LocalTales or LocalTales copyrights and trademarks;

  • harvest or otherwise collect information about users, including email addresses, without their consent;

  • bypass measures used to prevent or restrict access to LocalTales;

  • use any tool that interferes with the normal functioning of LocalTales, including, without limitation, browser plug-ins ,extensions, or other software which are designed to supplement, remove or otherwise change any of LocalTales's functionalities; or

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to LocalTales and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of LocalTales either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on LocalTales, we may, at our discretion, inform other LocalTales users that have been in contact with you and recommend that they exercise caution.

Abusing LocalTales

LocalTales and the LocalTales community work together to keep LocalTales working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off LocalTales if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the LocalTales employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off LocalTales or not, we do not have any obligation to monitor the information transmitted or stored on LocalTales and we do not accept any liability for unauthorised or unlawful content on LocalTales or use of LocalTales by users.

Fees and Services

Using LocalTales is generally free for personal use, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on LocalTales. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the LocalTales fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from LocalTales in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund LocalTales users for any fees paid through use of LocalTales.

Display and placement of user ads

We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:

  • users' location and search query / category selected;

  • adverts' category, content, location and date published; and

  • if the ad has a paid-for promotion

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

Release

If you have a dispute with one or more LocalTales users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using LocalTales, you agree to the collection, transfer, storage and use of your personal information by LocalTales on servers located in Australia

As part of the services, LocalTales has access to various information about users, including personal data. This includes information that users submit to LocalTales as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings or other communication).

LocalTales only shares information about users with third parties if this is necessary for the provision of the services or if LocalTales is legally or contractually entitled to do so.

Resolution of disputes

If a dispute arises between you and LocalTales, we strongly encourage you to first contact us directly to seek a resolution by going to the LocalTales Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms constitute the entire agreement between LocalTales and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Australia .

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the LocalTales website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

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