TERMS & CONDITIONS




Below are terms and conditions for using the Locals Direct website.

Overview

C Pell & NL Pell, trading as Locals Direct Online (ABN 68 447 849 929) (referred to throughout the website as ‘we’, ‘us’ and ‘our’), operates the website located at www.localsdirect.com.au (the Website). We offer the Website (including all information, tools and services) to you, the user, on the terms and conditions stated herein (Terms of Use).
By visiting the Website, you agree to be bound by the Terms of Use, including those additional policies expressly referred to herein. The Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms of Use carefully before accessing or using the Website. If you do not agree to the Terms of Use, then you must not access the Website or use any of our services. You can view the most current version of the Terms of Use at any time by accessing this page.
Our store is hosted on Marketplacer, which provides us with the online e-commerce platform that allows us to facilitate the sale of goods and services to you.
The headings used herein are included for convenience only and do not otherwise affect the Terms of Use.

Section 1 – Your Obligations in Using the Website:

1.1 By agreeing to the Terms of Use, you represent that you are:
(a) at least the age of majority in your state of residence; or
(b) the age of majority in your state of residence and you have provided your consent to your minor dependent using the Website.
1.2 In using the Website, you must not:
(a) engage in any illegal or unauthorized act, or solicit others to perform or participate in such acts;
(b) infringe upon or violate our intellectual property rights, or the intellectual property rights of any third party;
(c) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against us or any third party;
(d) collect or track the personal information of others without prior consent;
(e) interfere with or circumvent the security features of the Website or any other website;
(f) transmit any worms or viruses, or any code of a destructive nature, that may affect the operation of the Website; or
(g) reproduce, duplicate, copy, sell, resell or exploit any part of the Website without our prior written consent.
1.3 A breach or violation of the Terms of Use will result in the immediate termination of your use of the Website.
1.4 In addition to clauses 1.1-1.3 herein, we reserve the right to refuse access to the Website to anyone, for any reason and at any time.
1.5 You agree to fully indemnify, defend and hold us harmless from any claim or demand made by any third party due to or arising out of your breach of the Terms of Use. This indemnity extends to our partners, officers, directors, agents, contractors and employees.

Section 2 – Exclusion of Liability:

2.1 In no case shall Locals Direct (or our partners, officers, directors, agents, contractors, or employees) be liable for any injury, loss or damage whatsoever (either direct or indirect) you or any third party suffers as a result of using the Website, or any goods or services provided through the Website.
2.2 We are not responsible if information appearing on the Website is not accurate, reliable, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making any decision. Any reliance on the material on the Website is at your own risk.
2.3 The Website may contain certain historical information, which is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website except as required by law. You agree that it is your responsibility to monitor changes to the Website.
2.4 There may be information on the Website that contains typographical errors, inaccuracies or omissions, including in relation to product descriptions, pricing, promotions, offers, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to cancel or amend orders at any time without prior notice (including after you have submitted your order) if any information on the Website is inaccurate.
2.5 We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Website is at your sole risk and that we may from time-to-time remove access to the Website for indefinite periods of time without prior notice.
2.6 You acknowledge that we are not the provider of the goods and services offered on the Website, and that we merely facilitate connection between the suppliers of the goods and services and the end customer. As such, you agree that we make no representations, warranties or guarantees of any kind (whether express or implied) as to the merchantability, fitness for purpose, durability or non-infringement of the goods and services offered through the Website.
2.7 We do not guarantee or warrant that the quality of any goods or services purchased through the Website will meet your expectations.
2.8 We make no representations, warranties or guarantees of any kind (whether express or implied) as to the merchantability, fitness for purpose, durability or non-infringement of the Website.
2.9 You understand that your information (not including credit card information, which is always encrypted) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that you assume all risks associated with transferring any information on the Website in this manner. Your submission of personal information through the Website is governed by our Privacy Policy, which can be accessed here.
2.10 We have made every effort to display on the Website as accurately as possible the colours and images of the goods and services offered. However, we cannot guarantee that your computer monitor's display of any colour will be accurate and you agree to assume all associated risks.

Shipping Orders

We request that all orders to be shipped are done so within 48-72 hours to ensure a timely arrival of the product to the customer.

Section 3 – Restrictions on Orders:

3.1 As we are not the provider of the goods and services offered through the Website, but merely facilitate connection between the suppliers of the goods and services and the end customer, we are not liable for:
(a) any restrictions placed on an order by the supplier of the goods and/or services; or
(b) unavailability of any goods and/or services at any given time.
3.2 We reserve the right to modify or discontinue the goods and services provided on the Website. We shall not be liable to you or any third party for any modification, suspension or discontinuance of such goods and services.

Section 4 – Pricing and Payment:


4.1 The prices of the goods and services on the Website are subject to change without notice. We shall not be liable to you or any third party for any such price changes.
4.2 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your transaction can be successfully completed.

Section 5 – Third Party Materials and Links:

5.1 We may provide you with access to tools or materials from third parties, over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools or materials ‘as is’ and ‘as available’, without any warranties, representations or conditions of any kind and without any endorsement.
5.2 Links on the Website may direct you to third party websites that are not affiliated with us. You agree that:
(a) we are not responsible for examining or evaluating the content or accuracy of these third party websites; and
(b) you will not hold us liable for any harm or damage you suffer as a result of purchasing or using any goods, services, resources, content or other material on such third party websites.
5.3 We shall not be liable whatsoever for any loss and/or damage you suffer as a result of your use of third party tools, materials or links appearing on our Website. Any use by you of these tools, materials or links is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools, materials or links are provided by the relevant third party provider. Any complaints, claims, concerns or questions should be directed to the relevant third party.

Section 6 – User Comments:

6.1 If you send us creative ideas, suggestions, proposals, plans or other submissions, whether online, by email, by postal mail or otherwise (collectively referred to herein as ‘Comments’), you agree that we may at any time and without restriction, edit, copy, publish, distribute, translate or otherwise use the Comments in any medium.
6.2 We are and shall be under no obligation to:
(a) maintain any Comments in confidence;
(b) pay compensation for any Comments;
(c) respond to any Comments;
(d) ensure the accuracy of any Comments; or
(e) take responsibility or assume liability for any Comments.
6.3 You warrant and agree that your Comments will not:
(a) violate any rights of any third party, including intellectual property, personal or proprietary rights;
(b) contain any libellous, unlawful, abusive or obscene material;
(c) contain any computer virus or other malware that could in any way affect the operation of the Website; or
(d) be proffered using a false email address, by pretending to be someone else, or be otherwise likely to mislead us or any third party as to their origin.
6.4 We may, in our sole discretion, monitor, edit or remove Comments from the Website that we determine:
(a) are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable; or
(b) violate the Terms of Use.

Section 7 – Severability:

7.1 If any covenant, obligation or provision in this Agreement or any part thereof is declared to be invalid, illegal or unenforceable as a result of any law, rule of equity or government regulation, then it must be read down and, to the fullest extent possible, given effect to. If it cannot be read down, then it shall be of no effect and will be deemed to be severed from this Agreement. The remaining covenants, obligations and provisions of this Agreement will not be affected thereby and will remain valid and enforceable to the fullest extent permitted by law.

Section 8 – Termination:

8.1 You may cease using the Website at any time, however rights and obligations arising under the Terms of Use prior to you ceasing to use the Website will continue to bind you and us for all purposes.

Section 9 – Waiver:

9.1 A waiver given by either you or us in respect of a breach of a provision of the Terms of Use will not constitute a waiver in respect of any other breach of that or any other provision.
9.2 A waiver of any provision of the Terms of Use, or consent to any departure from any provision of the Terms of Use, must be in writing and signed by both you and us and is effective only to the extent for which it is given.
9.3 The failure, delay, relaxation or indulgence in exercising any power, right or remedy available to either you or us as a result of a breach of the Terms of Use by the other of us does not operate as a waiver of such power, right or remedy. Any single exercise of any power, right or remedy does not preclude any other or further exercise of that power, right or remedy or any other power, right or remedy under the Terms of Use.

Section 10 – Entire Agreement:

10.1 The Terms of Use, as amended or updated from time-to-time, contain the entire agreement and understanding between you and us in respect of the matters dealt with. You acknowledge and agree that any previous agreements, understandings, representations and negotiations regarding the subject matter of the Terms of Use are of no effect.

Section 11 – No Adverse Construction:

11.1 The Terms of Use are not to be construed to the disadvantage of a party solely because that party was responsible for its drafting and preparation.

Section 12 – Governing Law and Jurisdiction:

12.1 The Terms of Use is governed by, and is to be construed and to take effect in accordance with, the laws of Victoria.
12.2 Both you and us irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria in determining a dispute under the Terms of Use.

Section 13 – Variations:

13.1 We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Use by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes.
13.2 Your continued use of or access to the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Contact Us:

14.1 If you have any questions in relation to the Terms of Use, please complete our enquiry form and we will endeavour to respond to your questions as soon as possible.