User Terms & Conditions

Welcome to Live Pages.com.au Pty Ltd ("Live Pages"). Your access to livepages.com.au ("Website") is conditional upon your acceptance of and compliance with these terms and conditions. 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 these terms and conditions.

This 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 Live Pages.

Description of Services

Live Pages 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 ("Listings"), as well as recommendations and ratings ("Recommendations") on these Listed Businesses and their Listings submitted by users of the Website ("Recommenders"). Users can also view free local classified advertisements submitted by other Users of the Website.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon posting to this Website. If you do not agree with such amendments, your only recourse is to immediately discontinue your use of the Website. Your continued use of this Website following such amendments will represent an agreement by you to be bound by the terms and conditions as amended. Since you are bound by these terms and conditions, you should periodically refer to this document.

Becoming a Registered User

You may register as a user ("Registered User") if you are 18 years old or over, in order to be able to:

post and edit Recommendations of Listing(s);

add Listing(s) to a shortlist ("Shortlist") and edit and view the Shortlist page.;

add Listing(s) to an address book ("Address Book") and edit and view the Address Book;

publish free local classified advertisements that can be viewed by visitors and other users of the Website;

send Listing(s) to a mobile phone by SMS;

email Listing(s);

suggest businesses to Live Pages for listing; and

report concerns about Listing(s).

If you are under 18 years of age, you must not apply to become a Registered User. To become a Registered User, you must complete your registration details in the manner described on the Website.

You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. Upon registration, you will create a username and password.

Registration is free but non-transferable. You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your status as a Registered User. We may determine at our discretion whether such a failure has occurred.

Registered User's Obligations

On becoming a Registered User of the Website, you agree to abide by the following terms and conditions:

you agree to provide and maintain current, accurate and up-to-date information about yourself;

you agree not to impersonate any other person or entity;

you agree that you are the sole user of your username and password, and that you are responsible for the security and confidentiality of your username and password;

you agree to notify us in writing of any unauthorised use of your username and password;

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;

when you submit information or material to the Website, you grant us a world-wide, royalty free, 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 in any format or medium now known or later developed;

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

you must not use the Website in any manner or include, 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 these terms and conditions;

you must use the Website in a responsible manner and you will be responsible for all aspects of content including without limitation, any Recommendations uploaded or posted on the Website by you;

you agree not to upload, post or transmit any unsolicited advertising or promotional materials except as provided under these terms and conditions;

you consent to the deletion, removal, editing, alteration, reproduction, publishing, copying or adaptation of any information or material which you 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 uploaded or posted by you which is not reasonable use of the Website. Live Pages will be the sole arbiter of what is reasonable use. However, you acknowledge that we have no obligation to remove any information or material including without limitation, any Recommendations uploaded or posted on the Website by you;

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 registerable, 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 upload or post any information or material which contains 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 we accept no responsibility for anything stored in an Address Book or Shortlist;

you acknowledge and agree that we reserve the right, in our sole and absolute discretion to reject, delete, cancel or remove you as a Registered User or Recommendation(s) without notice if we consider your use is unreasonable use of the Website;

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

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; and

we do not warrant that we will respond to questions or comments submitted by you including without limitation, following up or including any suggested businesses in Live Pages.

Posting Recommendations on Live Pages

By posting a Recommendation, you represent that your Recommendation is based upon your actual experience with a product or service provided by the Listed Businesses. Listed Businesses are not permitted to post Recommendations in relation to their own Listings and any Recommendations which are determined by us to be originating from the Listed Businesses and/or their representatives will be deleted.

Only Recommendations reflecting the positive experiences of users will be accepted on the site and any Recommendations that are perceived by us, at our sole discretion, to be negative in nature may be deleted.

Using Address Book and Shortlist

Users can save Listed Businesses to their Address Books and Shortlists for future reference. From time to time, Listed Businesses may cancel their Listings and such cancelled Listings will not be displayed in Address books or Shortlists.

Posting Local Classified Advertisements

A Registered User may post local classified advertisements for free ("Local Ads") in many categories. You must use this service reasonably and respect the rights of others. In particular, posting the same Local Ads more than once (without limitation, including spamming) is unreasonable, particularly so if it is in an inappropriate category. Also flooding categories with your advertisements may prevent others from fair use of our site and prevent users finding other advertisers.

Live Pages Local Ads is for sharing with others. Live Pages may remove some or all of your Local Ads, and in some cases, remove or delete your status as a Registered User for any unreasonable use of the website.

Linked Web Sites

This Website may include links to other websites ("Linked Websites") that are not related to LivePages.com.au or Live Pages. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

No Endorsement of Content or Businesses

Whilst we have no reason to believe that any information or material contained on this Website including, without limitation, the Listed Businesses, their Listings and Recommendations are 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. Live Pages shall have no obligation to review the Website's content or pre-screen any of the Listings or Recommendations.

Responsibility for Listings provided by Listed Businesses appearing on this Website (including Linked Websites) and the content of Recommendations rests solely with the Listed Businesses and the Recommenders. The placements of such Listings and Recommendations do not constitute approvals, recommendations or endorsements by us of any products and services. Listed Businesses and Recommenders are solely responsible for their representations made in connection with their Listings and Recommendations. You use the information on this Website (including Linked Websites) at your own risk.

Details contained on this Website relating to products or services may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning any products or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not use this Website, not order any products or services through the Website.

Suspension or Termination of Access

Without limiting other remedies available to us at law, in equity or under these terms and conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your status as a Registered User 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 status as a Registered User or your access to the Website. In the event of suspension or termination, all restrictions imposed on you by these terms and conditions will survive.

Disclaimer

The service on this Website is provided in good faith and the information supplied and provided by participating businesses and Recommenders have not been assessed in relation to the suitability of the individuals or businesses to participate in this Website.

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 Local Ads 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 these terms and conditions, relating in any way to 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 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 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 these terms and conditions or any non-excludable condition or warranty is limited to the re-supply of services.

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 these terms and conditions;

your access and/or use of the Website;

your Recommendation(s) or your status as a Registered User;

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 of your willful, unlawful or negligent act or omission.

Specific Warnings

You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process by which you access this Website does not expose you to the risk of computer based viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or any computer belonging to a third party that arises in connection with your use of this Website or any Linked Website.

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 accept responsibility or liability of any nature for any such losses that you may sustain as a result of such activity.

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.

Intellectual Property

This Website and the data contained in it are supplied for information only. All intellectual property in relation to the information or material on this Website (including, without limitation, text, graphics, images, logos, icons, sound recordings and video recordings) belongs to us or the respective licensors or the owners of the Listed Businesses. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), other intellectual property legislation and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website except through the incidental or ordinary use of the Website; or

commercialise any information, products or services obtained from any part of this Website;

without our written permission and the written permission of the relevant Listed Businesses.

Trade Marks

All trade marks and/or logos used on this Website are the trade marks, service marks or logos of their respective owners. If you use any of the trade marks, service marks or logos on this Website in reference to the activities, products or services, as listed on this Website, you must include a statement attributing that trade marks, service marks or logos to their respective owners. You must not use any of these trade marks, service marks or logos:

in or as the whole or part of your own trade marks;

in connection with activities, products or services which are not of their respective owners;

in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or the information, products or services (including this Website).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission or the permission of the relevant Listed Businesses on-sell any information obtained from this Website.

Privacy Policy

By becoming a Registered User, 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 notification of special offers and discounts, new Listed Businesses and Listing(s) in your local area, news, information about our activities and general promotional material which we believe may be useful to you. When you suggest businesses to Live Pages for listing, we will collect general information from you about the businesses you recommend/suggest. This information will include the business name submitted, contact name for point person at the business, the business email address, street address, post code, state, phone number, and any comments about your personal experience with that business.

At your discretion, your name or other personal information provided by you that could identify you, may appear next to the Recommendation(s) that you post on the Website. We may also use and disclose such personal information, Recommendation(s) or portions thereof in any other manner, including in promotional and marketing materials.

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

How we handle emails

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that 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.

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 these terms and conditions where such failure is due to circumstances beyond our reasonable control.

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

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

These terms and conditions 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 these terms and conditions without our written consent. We may assign our rights or novate our obligations under these terms and conditions at any time, without notice.

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

Notices and Inquiries

Notices and questions concerning the Website, or any aspect of these terms and conditions must be directed to Live Pages 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 Registration" button and submitting your user registration 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 these terms and conditions shall be deemed to satisfy any writing requirements of any applicable law, notwithstanding that these terms and conditions is written and accepted electronically.

These terms and conditions last updated 12 March, 2007