Listing Terms & Conditions

Welcome to the Live Pages.com.au Pty Ltd ("LivePages") Listings Program ("Program"). Your access to http://www.livepages.com.au ("Website") and the Program is conditional upon your acceptance of and compliance with these terms and conditions contained in this Listing Agreement ("Agreement"). Please read them carefully and if you do not agree with them, you must refrain from using the Website. You agree that you will also comply with any additional terms and conditions, notices and disclaimers governing the use of specific areas or services of this Website incorporated by reference into this Agreement.

This Program and Website is operated by Live Pages.com.au Pty Ltd ABN 25087460017.

Interpretation

In this Agreement, the expressions "we", "us" and "our" are references to LivePages.

Description of Services

LivePages is a free information service for visitors and users ("Users") where Users can find information about businesses listed on this Website ("Listed Businesses") and their products and services, access Special Offer Coupons ("Coupons") and reviews, recommendations and ratings ("Reviews") on these Listed Businesses and their Listings submitted by users of the Website ("Reviewers").

Participating in the Listings Program

If your wish to participate in the Program, you must have an active account ("Account").

You may setup an Account if you have a current ABN. If you are an individual, you must be 18 years old or over. If you are under 18 years of age, you must not apply for an Account.

You agree to ensure that your Account details are true and accurate at all times. Specifically, you must update your Account for any change to your details as originally supplied. In setting up an Account, you also agree to be bound by our User Terms and Conditions which are incorporated into this Agreement by reference and a copy of which can be viewed by clicking User Terms and Conditions. If there are any inconsistencies between this Agreement and any additional terms and conditions, notices and disclaimers incorporated by reference into this Agreement, this Agreement will prevail to the extent of any such inconsistency.

An Account is free but non-transferable. You acknowledge that a failure to comply with this Agreement entitles us to suspend or terminate your Account. We may determine at our discretion whether such a failure has occurred.

Listing Description

You must be legally able to sell and promote your products and services on our Website. You may describe your products or services or both on the listing page of our Website ("Listings"). Your Listing(s) may only include text descriptions, graphics, pictures and other content relevant to the business. All Listings must be listed in appropriate categories.

You may add Special Offer Coupons ("Coupons") to Listings in accordance with the Coupon Guidelines published on our Website. You agree that the content of all Coupons uploaded form part of the Listings to which they are referenced and that the Coupons are subject to the same terms and conditions and Listings Program Obligations that apply to all Listings.

The Website enables and encourages Registered Users to provide written Reviews of the Listed Businesses and a rating as to the quality of products and services provided, which Reviews will be publicly displayed. By participating in the Program, you agree that your Listing(s) will be subjected to such Reviews.

Amendments to Agreement

We reserve the right to amend this Agreement from time to time. Amendments will be automatically effective ten (10) days after they are posted to this Website. If you do not agree with such amendments, your only recourse is to immediately discontinue your use of the Website or terminate your Listing(s) or Account or both on LivePages. By continuing to participate in the Program, your continued use of this Website following such amendments will represent an agreement by you to be bound by the amended Agreement. Since you are bound by this Agreement, you should periodically refer to this document.

Listings Program Obligations

By setting up an Account so as to participate in the Program, you agree to abide by the following terms and conditions:

you agree to provide and maintain current, accurate and up-to-date information in relation to the Listed Business. Business details must be submitted in the manner described on the Website prevailing from time to time. These may change to keep pace with changing technologies and business conditions;

you agree not to impersonate any other person or entity and that you have the right and authority to set up the Account and perform the obligations under this Agreement on behalf of the Listed Business;

you agree that you are responsible for the security and confidentiality of your username and password and you are bound by any transaction made using your username and password;

you agree to notify us in writing of any unauthorized use of your username and password and/or Account;

you acknowledge that any information or material submitted by you to the Website is, and will be treated by us, as non-confidential and non-proprietary and we may use such information or material without restriction;

you must use the Website in a responsible manner and you will be responsible for all aspects of content including without limitation, any Listings and Reviews listed, uploaded or posted on the Website using your username and password;

when you submit information or material to the Website, you grant us a world-wide, royalty free, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable license to use, copy, distribute, reproduce, modify, transmit, adapt, publish, translate, publicly perform and publicly display the information or material (in whole or in part) and to incorporate such information or material into other works, databases in any format or medium now known or later developed;

you agree to grant us a non-exclusive licence to use and display your business name, trade name and trade mark during the term of the Agreement;

you will not include, list, upload, post or transmit any information or material which breaches the privacy of another, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, offensive, vulgar, harmful, advocating violence, threatening, abusive, harassing, of an adult-oriented nature or harmful to persons under the age of 18 years, discriminatory, ethnically or religiously objectionable or otherwise act in a manner which negatively affects others;

you will not list, upload, post or transmit any information or material to promote any kind of gambling activities or the placement of bets;

you warrant that any Listing of a financial service complies with the relevant legislation and its publication by us does not give rise to any breach by us under that legislation;

you must not use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, or violate any applicable law, statute, ordinance or regulations, or which is prohibited by this Agreement;

you must not link directly or indirectly to, or include descriptions of, products or services that are prohibited under this Agreement or to link to a Website which you have no right to link to or include;

you agree not to list, upload, post or transmit any unsolicited advertising or promotional materials except as provided under this Agreement;

you consent to the deletion, removal, editing, alteration, reproduction, publishing, copying or adaptation of any information or material which you list, upload or post on the Website (or a substantial part or adaptation of it) by us at our discretion without notice at any time;

you acknowledge that we may delete or remove any information or material listed, uploaded or posted by you which is not reasonable use of the Website. LivePages will be the sole arbiter of what is reasonable use. However, you acknowledge that we have no obligation to remove or delete any information or material listed, uploaded or posted on the Website;

you will not list, upload, post or transmit any information or material in which any intellectual property rights (including, without limitation, copyright, trade marks, patents, trade names, design rights and trade secrets, whether registrable, registered or unregistered) are owned by another person or entity unless you have obtained permission, consent or licence from the owner to list, upload, post or transmit such information or material;

you will not list, upload, post or transmit any information or material that promote products or services that have resulted in or are intended to cause any type of physical or mental harm to any third party or the property of any third party;

you will not list, upload or post any information or material which contains computer related viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

you accept that any information or material provided by you will be available on the Website for other users or visitors to read;

we do not accept any responsibility or liability for any information or material which you submit to the Website, nor do we accept any responsibility for any use or misuse which you or any other users or visitors make of information or material which you submit to the Website;

you acknowledge that your Account, username and password may not be transferred or sold to another party;

you acknowledge and agree that we are unable to guarantee any measure of performance or success of your Listing(s) in any way shape or form;

you will bear the costs of any telecommunications or internet usage charges incurred as a result of using the Website or submitting a Listing;

you authorise us to make contact from time to time through any means of electronic or telephonic communication with respect to offers, opportunities, products or services offered by us and our business partners, unless you have explicitly notified us otherwise;

you acknowledge and agree that we reserve the right, in our sole and absolute discretion to reject, delete, cancel or remove any of your Listing or Account without notice if we consider the Listing or Account to be unsuitable for the Program; and

we do not warrant that we will respond to questions or comments submitted by you.

Changes to Website

You acknowledge and agree that we have the right, at any time, and for any reason, to redesign or modify the organisation, structure, specifications, "look and feel", navigation, guidelines, features and elements of the Website, including any pages on which a Listing may be displayed or delivered, or linked to or from.

No Endorsement of Content or Businesses

Whilst we have no reason to believe that any information or material contained on this Website is inaccurate, we do not warrant the quality, availability, accuracy, reliability, adequacy, condition, suitability or completeness of such information, nor do we undertake to keep this Website updated. LivePages shall have no obligation to review the Website's content or pre-screen any of the Listings or Reviews. Responsibility for Listing(s) provided by you on this Website (including Linked Websites) and the content of Reviews rests solely with you and the Reviewers respectively. The placements of such Listings and Reviews do not constitute approvals, recommendations or endorsements by us of any products and services. You and Reviewers are solely responsible for representations made in connection with your Listing(s) and Reviews. You use and provide the information on this Website (including Linked Websites) at your own risk.

Conditions of use specific to Google maps

The Google Maps service is provided to LivePages and made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.

Fees and Payment

To activate your Listing for display in relevant searches conducted on the Website, you must pay us the annual fee for the selected Advertising Package using any one of the payment options provided ("Annual Fee"). Listings will not be activated until we have received confirmation that the required payment amount has been received by us in accordance with the terms of payment stated on the Website for the payment option selected. Unless terminated in accordance with this Agreement, each Listing will have a minimum initial term of 12 months ("Initial Term") commencing from the date of the activation of your Listing. The Listing will automatically be renewed at the end of the Initial Term or successive follow-on terms for an additional term of 12 months ("Additional Term") unless you notify us by email of your intention to terminate the Listing at least 30 days prior to the end of each term.

If you pay LivePages by credit card, you agree that LivePages is authorised to charge the credit card for the applicable Annual Fee, as of the date of the activation of your Listing and for any installment thereafter during the term of this Agreement, and to store the credit card and billing information. You represent that all payment information provided to LivePages will be accurate and complete, and that you will keep all such information current. In the event that LivePages is unable to charge your credit card, LivePages may, in its sole discretion and in addition to any other remedies available to it under this Agreement and any and all applicable laws, suspend or terminate your participation in the Program. You will be responsible for the payment of any and all charges and/or fees incurred by LivePages as a result of any credit chargeback.

In the event of non-payment of any amounts due including without any limitation, any installment, we may at our discretion:

(a) remove your Listing(s);

(b) terminate your Account;

(c) terminate this Agreement; and/or

(d) demand that you pay any costs of recovering the overdue amounts, including but not limited to agency and legal fees.

You must also pay any taxes, duties, fees or other government levies or charges which may be payable under this Agreement. All fees, costs and expenses specified in this Agreement refer to Australian dollars and are to be charged to you in this currency unless explicitly stated otherwise.

We reserve the right to change the Annual Fee by giving you 30 days notice in writing. You may terminate this Agreement by written notice within 30 days of receipt of notice of any fee increase otherwise, payment by you of the next invoice following the notice will constitute acceptance of the change.

Term and Termination of Agreement

Unless terminated in accordance with this Agreement, this Agreement will commence from the date of the setup of your Account.

Without limiting any other rights, we may terminate this Agreement;

(a) if you fail to pay any amounts due to us by the due date;

(b) if you or your Listed Business entity are, or are deemed to become, bankrupt, insolvent, enter into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of the your assets or the assets of your Listed Business entity;

(c) if you die, or partnership is dissolved or an application to dissolve is filed, or company is deregistered or an application for deregistration is filed.

You agree to pay all outstanding amounts within 7 days of termination.

You acknowledge that termination of this Agreement does not relieve you of any outstanding liabilities or obligations with respect to this Agreement or any claim by us for any costs, loss, damage or claim arising to which we are entitled.

Suspension or Termination of Access

Without limiting other remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Listing(s), Account and/or this Agreement without notice and refuse to provide our services to you if:

1. you breach this Agreement, our Privacy Policy or other terms and conditions governing your use of the Website;

2. we are unable to verify or authenticate any information you provide to us; or

3. we believe that your actions may cause legal liability for you, our users or us.

We have no liability to you for any costs, losses or damages of any kind arising as a consequence of suspending or terminating your Listing(s) and/or Account or your access to the Website.

Disclaimer

The service on this Website is provided in good faith and the information or materials supplied and provided by participating businesses and Reviewers have not been assessed in relation to the suitability of the individuals or businesses to participate in the Program or Website. You acknowledge that we cannot confirm the identity of Reviewers or prevent Reviewers from acting under false pretences.

There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this Website or its contents.

We take no responsibility for use of Listings by persons engaged in mass email, spamming activities, denial of service attacks or other like activities.

Except as set out below, we exclude all:

1. condition or warranty which would otherwise be implied into this Agreement, relating in any way to your participation in the Program, this Website or your use of this Website;

2. liability (including for negligence) to you or anyone else for any loss, damage, costs or expense (including special, consequential or indirect loss or damage including without limitation, lost profits, loss of revenue, unavailability of systems or loss of data) arising from or in connection with this Agreement, your participation in the Program, your use or access of this Website, or your reliance on the information available on or through this Website.

Where any legislation implies any condition or warranty into your participation in the Program, your use of or any arrangement arising out of your use and access of the Website and that legislation prohibits exclusion of that condition or warranty, then that condition or warranty is included. If and to the extent permitted by legislation, however, our liability for breach of any express provision of this Agreement or any non-excludable condition or warranty is limited to the re-supply of services or the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death) and to the maximum extent permitted by law, our total liability for loss or damage of any kind not excluded, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Agreement is limited to the greater of: (a) the total fees paid by you to LivePages under this Agreement in the previous six (6) months prior to the action giving rise to the liability; and (b) AUD$50.

Indemnity

You release and indemnify us, our directors, officers, employees, contractors and agents ("Those Indemnified") from and against all loss, actions, proceedings, claims, demands, costs, expenses (including legal fees) and damages which may be incurred or suffered by or instituted against any of Those Indemnified arising from:

a breach by you of your obligations under this Agreement;

your access and/or use of the Website;

your Listing(s) or your Account;

a breach by you of any contractual or civil legal rights of others, or of any law, guideline, policy or code of conduct; or

any willful, unlawful or negligent act or omission on your part.

Specific Warnings

You acknowledge that we offer no warranty in relation to the availability of the Website. We are not responsible for any system or technological failure that may impede or prevent access to all or any part of the Website or Listing.

Privacy Policy

You agree that the information provided in the manner described on the Website by you will be stored into our database.

We may use information provided by you, to contact you and to send your, news, information about our activities and general promotional material which we believe may be useful to you. If you establish a credit account with us to pay the fees we charge, we collect some additional necessary information, including billing address, credit card number and credit card expiration date and tracking information from cheques. We also use your financial information, including credit card information provided by you to verify your name, address, and other contact information, as well as to bill you for your use of our services.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We undertake to comply with the terms of our general privacy policies which can be by clicking: LivePages Privacy Policy.

Security of Information

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Independent Investigation

You warrant that you have not relied on any representation made by us that has not been stated expressly in this agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us or communicated to you.

You acknowledge that to the extent we have made any representation that is not otherwise expressly stated in this agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.

Relationship of Parties

You are not a legal partner, joint venture, employee, franchisee or agent of LivePages and you do not have the power or authority, directly or indirectly or through your servants or agents, to bind LivePages to any agreement with a third party or otherwise to contract, negotiate or enter into a binding relationship for or on behalf of LivePages.

Arbitration

Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

General

We do not warrant that the Website will be available at all times or at any specific times.

We accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any provision of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether oral or written.

You agree that this Agreement may not be construed adversely against us solely because we prepared it.

The terms of this Agreement survive its termination to the extent permitted by law.

This Agreement are governed by and interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that State.

You may not assign your rights or novate your obligations under this Agreement without our written consent. We may assign our rights or novate our obligations under this Agreement at any time, without notice.

Notices and Inquiries

Notices and questions concerning the Website, or any aspect of this Agreement must be directed to LivePages at PO Box 1553, Chatswood NSW, 2057 or emailing info@livepages.com.au. We will give you notice by email to the email address provided to us during the Account setup process, or as updated by you. Notice will be deemed given in the case of a posted letter, on the third (seventh, if posted to or from a place outside Australia) Business Day after posting and in the case of email, 24 hours after email is sent and the sender's computer indicates that the message has been received and that it has not bounced. For purposes of this section, "Business Day" means a day on which banks are open for business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.

ELECTRONIC ACCEPTANCE OF AGREEMENT

You hereby agree to the use of electronic communication in order to enter into a legally binding agreement between yourself and us. By clicking the "Submit Account Details" button and submitting your Account set up details, you indicate acceptance of the above terms and conditions. Such acceptance and agreement shall be deemed to be as effective as a written signature performed manually by you, and this Agreement shall be deemed to satisfy any writing requirements of any applicable law, notwithstanding that these are written and accepted electronically.

This Agreement last updated 19 October, 2011