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JustLocal™ |
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| CONDITIONS OF USE The following are our plain English terms of use. Please check this page before using JustLocal. It is a requirement of using this service to review these conditions on a regular basis. Last updated: 17 June 2009 CONSUMERS AND ADVERTISERS JustLocal is a service provided by K E Eldridge & Associates Pty Ltd which trades under the name of Online Connections. You agree that by using JustLocal you will indemnify K E Eldridge & Associates Pty Ltd, their associates and affiliates against all claims. Except for the business run by K E Eldridge & Associates Pty Ltd, all other links are to non related parties. Any transaction between the consumer and the advertiser is strictly between the consumer and advertiser and we are not party to or of the transaction. Any transaction is strictly between the two parties concerned. Any issues that arise as a result of a transaction between the consumer and advertiser is strictly between the consumer and advertiser. We do not warrant this service for any purpose and do not warrant it will be free from defect. We do not warrant the availability of the service. We reserve the right to amend any and all terms and conditions which apply to this service at any time and without notice. ADVERTISERS Advertisers agree that K E Eldridge & Associates Pty Ltd have full discretion and control over the content of the JustLocal service and agree their decision is final and no dispute will be entered into. At all times the full extent of liability between K E Eldridge & Associates Pty Ltd shall be the current lease pro-rata for the current period. There is no claim on leases for prior periods. Upon termination advertisers agree they will have no claim against K E Eldridge Associates Pty Ltd. GENERAL All advertisers must be a business. All businesses require an ABN to participate in this service. Payments to us will be made by Credit Card using the PayPal service. Payments from another PayPal account is also acceptable. Payments from us will be made by direct deposit and will require banking details. Should an advertiser cease to trade, or not provide services to businesses or consumers covered by the local area, then leasing rights at the discretion of K E Eldridge & Associates Pty Ltd may be withdrawn. Lots cannot be subleased. Lots must be used to promote the advertiser's business. Any advertiser not obeying these terms and conditions will have their lease terminated immediately and the current lease fee forfeited. The information on an advertiser's website must be kept up-to-date. Should consumers report an advertiser's website promoting items which are no longer available, or prices which are incorrect, then we will request the advertiser update their website within 30 days. We reserve the right to terminate the lease for advertisers not maintaining up-to-date information on their websites. LEASE TRANSFER All advertising is subject to our approval and no advertiser should make any arrangement with any other party without informing the other party that everything is subject to approval. Only fully paid up leases can be transferred. Sale of the lease right is always subject to approval by K E Eldridge & Associates Pty Ltd. Advertisers wishing to transfer their lease right must make potential buyers aware the sale is subject to approval. Should an advertiser enter into negotiations with the a third party (a business) to sell their lease right, the details of the transfer is strictly between the parties involved. It is at the discretion of the parties involved if they wish others to know the outcome of the negotiation. Upon approval the updated information for the new owner is to be provided within 7 days. During this period the existing owner's advertising is to remain valid. Once the transfer has been completed the existing advertiser will no longer have any rights over the lot. Any disputes between the existing owner and the new owner are strictly between the two parties. All conditions of use apply to the new owner. The remaining period on the lease will be transferred to the new owner. The advertiser is free to promote the sale of their lease in whatever media assists them to make the sale. Advertisers must not accept unsolicited requests for purchases of their lot. In order to avoid unwanted spam and unwanted calls, all businesses wishing to make an offer for a lot that has not been advertised for sale, must submit the request first to JustLocal. We will pass the request on at no cost and ensure it reaches the appropriate person. LEASE PERIOD A lease runs for 12 months from the period of the start of the lease. Should a lease expire and not be renewed by the anniversary date plus 14 days, the lot will be reclaimed and available for others to lease. We reserve the right to withdraw a lot from an advertiser and should this occur a pro-rata amount for the remaining lease period will be provided. You agree we do not have to provide a reason should we withdraw a lot. You agree no claim will be made for any potential profit which may or may not have been able to be realised. Lots must have all the information required such as web site, text tip provided at the time of leasing, and in the case of images, as soon as possible after leasing. Should the required information and image not be provided within 7 days the lot can be withdrawn by us and a refund of the lease will be provided. In the case of a transfer, should the new owner not provide the required details within 7 days any remaining lease fee will be forfeited. Lots are leased for a 12 month period from the date the lease request was submitted and accepted. Should two people attempt to lease the a lot at the same time, the date and time of the transactions will be according to the advice we receive from the PayPal service. The later attempt will be unsuccessful and the unsuccessful business will have their money refunded. Should it not be possible to be determine the order of investment, the lot will be released again and available for investment. Any monies paid in this case will be refunded. In addition to secure the lot the image needs to be provided immediately in the case of simultaneous requests for a lot. REFERRAL REWARDS The referral rewards is part
of the Virtual Profit Sharing (VPS) arrangement and is separate to the JustLocal
service.JustLocal is a VPS partner in the VPS service. MONEY BACK GUARANTEE The JustLocal money back
guarantee is very simple. If 30 days before the end
of your lease you feel you have not had sales to the value of your advertising fee,
or not received value from us to the value of your advertising fee, you
are entitled to request a refund for your advertising fee less any
referral reward which has been paid. We will endeavour to
generate business for you. We may also list your lot
as being available for purchase by others. (We highly recommend that if
you wish to no longer use your lot that you try to sell the rights to
your lot, as this is another way you can make money from using
JustLocal.) The reason we may list your
lot is often you will have received value, but you will not have been
made aware at the time of the sale. Advertising your lot will enable
others to confirm the value of JustLocal to you and hopefully encourage
you to continue participating in JustLocal. If by the end of your lease
you have not received sales or value to the value of your advertising fee, then we will cheerfully
refund your advertising fee less any referral reward which has been
paid. (We cannot refund the referral reward which has been paid out,
because this would open up JustLocal to potential abuse of the system.) You agree that should we
show you that you have received sales or value to your advertising fee or more, that you
will happily accept that no refund is due. You agree that should we
refund your advertising fee (less any referral reward which has been
paid) that you, your business or associated businesses will not apply
to re advertise for a period of no less than three years. You agree that should you
have multiple businesses advertised on JustLocal and request a refund
for one of the businesses, then all businesses will at our discretion
be reviewed at the same time. (It is possible the benefits stemming
from JustLocal may be used in other sections of a business, which is
why we need to consider all associated businesses.) TERMINATION Either party can
terminate this agreement at any time. Advertisers can terminate
their use of the JustLocal service at any time by issuing an email
notice and upon confirmation by JustLocal of the received email. Upon
termination all agreements and arrangements between the two parties
shall become null and void. No pro-rata amount will be payable. JustLocal will provide
advertisers with 14 days notice to terminate this agreement. Upon
termination all agreements and arrangements between the two parties
shall become null and void. The notice from JustLocal to terminate will
be via email to the email address provided on the lease. The act of
sending the email will be considered sufficient proof that JustLocal
has met their obligations. Where we consider
advertisers are in breach of the law or operating unethically, we will
remove their advertising at the earliest opportunity so as to place the
consumers interests first. We will only take such action after
consulting our business peers to ensure such action is appropriate. Termination is final and
no dispute is to be entered into. RENEWAL Renewal is at the
discretion of the business and can be done upon receipt of a renewal
notice. JustLocal reserves the
right whether or not to renew advertising on JustLocal. DISPUTE
RESOLUTION It should be noted that
you have already agreed the total liability we have towards any user or
advertiser is the amount of the current years lease. We reserve all
rights to the content on this web site, and we reserve all rights to
change the conditions of use at any time and you have agreed you will
not enter into any dispute. The legal jurisdiction
for all dispute resolution are the courts of law based in Melbourne,
Australia. Should a dispute arise
and you wish to raise a claim, you must first take action to ensure we
have been made fully aware of the issue and it has been confirmed to us
in writing. You agree you will make
all possible efforts to work with us to resolve any dispute. Should the dispute not be
resolved and you wish to take legal action, you agree you will
indemnify K E Eldridge and Associates Pty Ltd and all related parties
against your and our legal costs. That is if legal costs are involved,
you will foot the entire bill for both yourself and us. RESTRICTIONS Whilst we reserve the
right to accept or not accept an advertiser, and a number of
restrictions will apply, to ensure customers are given a suitable
choice of businesses to use. Only two businesses
working in the same field and promoting the same service will be
accepted in a single postcode area (with network marketing
organisations restricted as below). In the case of network
marketing organisations, only one business from the same network
marketing organisation will be accepted in a single postcode area.
In the case of network
marketing advertising the maximum space available on a single postcode
page will be limited to 10% of the space available. There is to be minimum
of 100 different businesses advertising in a single postcode area.
Businesses can lease
from one to four lots on a single postcode page subject to the
requirement of the minimum 100 different businesses advertising
criteria above. This restriction means businesses will be restricted to
a single lot on a postcode page as the postcode page becomes leased.
We only accept
advertising from private sector businesses. We do not accept
advertising from government organisations, or organisations largely
funded by government. Our aim is to build a stronger business community.
Pricing must in terms
of GST be clear. Quoting prices excluding GST is not
acceptable. Advertisers must make
it clear to consumers the products and services they provide. (A
typical sales technique by some large companies is not to mention the
actual product or service up front. Only when the consumer attends a
meeting are they presented with the actual product or service. This is
not acceptable for JustLocal advertisers. The product or service being
marketed must be very clear to the consumer.) # JustLocal™ is
a trademark of K E Eldridge & Associates Pty Ltd, trading as
Online Connections. |