JustLocal™

Think global, act local 

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: 18 February 2008

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 consumers covered by the local area, then leasing rights at the discretion of K E Eldridge & Associates Pty Ltd may be withdrawn.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 sub leased.

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 14 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 website, text tip provided at the time of leasing, and in the case of images, as soon as possible after leasing. Should the required data 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 latter 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.

REFERRAL REWARDS

All rewards will be paid by direct transfer in Australian dollars.

Reward payment will be made after 14 days into the month following the referred advertiser joining JustLocal. The reward payment for January will be processed in February.

A referral reward is not recognised until 14 days into the month following the referred advertiser joining JustLocal. This is to give advertisers at least 14 days during which time they could request a full refund and no referral reward will be payable. We consider this to be a cooling off period.

There are two referral reward schemes. It is your option which referral reward to choose. A once off payment, or an ongoing passive income stream.

1. Once off referral reward - A once off referral reward available to anyone who refers a business and has them sign up as a JustLocal friend at the time of referral.

The amount is 20% of the lease amount for a lot for a single year excluding GST.

2. Passive income referral reward - An ongoing passive income referral reward available to VPS members who refers a business and has them sign up at the time of referral.

The amount is 15% of the lease amount for a lot for the first year and 7.5% of the lease amount for all future years, whilst the business remains advertising on JustLocal (excluding GST).

The referral reward is our way of saying thank you for helping us to build JustLocal.

The ongoing passive income stream referral reward we see as our way to give others an ongoing reward for their support of JustLocal. You invest time and energy into helping us grow and we believe if we continue to gain from your efforts then so should you.

All amounts exclude GST. Tax is the responsibility of the person receiving the referral reward. Referral rewards are paid to the individual. You may wish to seek advice from your accountant.

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 recovered your advertising fee, you are entitled to request a refund for your advertising fee less any referral reward which has been paid.

If you opted to be a JustLocal friend you need to have actively promoted JustLocal and taken steps to refer other businesses, to promote JustLocal in ways that you can, such as a link on your website, word of mouth, including a website address in your newsletter, or in a mail out.

If you have actively tried to assist in promoting JustLocal and feel it has not worked for your business and recovered sales, or assistance to the value of your advertising fee, contact us 30 days before the end of your lease.

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 recovered 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 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.

JustLocal is a cooperative advertising service where people are requested to chip in.

If it is found that an advertising has not contributed in any way, then JustLocal reserves the right not to renew that businesses 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 website, 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 post code 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 post code area.

• In the case of network marketing advertising the maximum space available on a single post code page will be limited to 10% of the space available.

• There is to be minimum of 100 different businesses advertising in a single post code area.

• Businesses can lease from one to four lots on a single post code 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 post code page as the post code 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.

• Advertisers must be able to sell to the general public. (They can also sell to other businesses, but they must have some ability to sell some of the products or services to the general public

• Pricing must in terms of GST be clear to consumers. 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 business to consumer advertising service. In general advertises need to be selling products and/or services to consumers. We are however allowing up to 10% of the advertising space for those businesses who primarily focus on assisting other small businesses. This will be reviewed on a case by case basis.

# JustLocal™ is a trademark of K E Eldridge & Associates Pty Ltd which trades as Online Connections.