General
Before you begin to use the services on the website, please read these Terms of Use. If you do not understand or do not agree with the Terms of Use, please navigate away from the website and do not use the services.
Through your use of the website and the services, you acknowledge and agree that the Terms of Use constitute the rules and conditions of access to, use of and supply of information from the website. The Terms of Use may be amended by us from time to time and published on the website. These amendments may be made without any notice to you and apply to your next usage of the website. You are responsible for ensuring you regularly review the website and these Terms of Use, in which case, your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.
If you object to any of the Terms of Use or any subsequent changes to them, or become dissatisfied with your use of the service in any way, your only remedy is to immediately stop using the services and the website.
Locafy
The locafy.services and associated Locafy websites are owned and operated by Moboom Ltd (ABN 46 136 737 767) (together “Locafy”). Moboom Ltd owns and operates other websites hosted on domain names other than locafy.services.
If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (“Outside Sites”) are not controlled by Locafy and do not form part the Locafy website and agree that you will not hold Locafy liable or in any way accountable for anything that occurs on Outside Sites.
Disclaimer
By using the website you agree to abide by and acknowledge the following disclaimer.
• Locafy simply operates a marketplace platform and is not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.
• We have no control over the truth, accuracy, quality, safety or legality of the items or services offered by business users, the ability of businesses to provide services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actually complete a transaction or act lawfully in using the website.
• Locafy cannot and does not confirm each business user’s purported identity.
• In the event that you have a dispute with one or more users of the website, you release Locafy (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
• You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.
• You acknowledge and release Locafy in the event that you deal with underage persons or people acting under false pretense.
Warranty
You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Locafy has no responsibility for the legality of the actions of users of the website or Locafy services.
Indemnity
You indemnify and release Locafy and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms of Use or your violation of and law or the rights of a third party.
No Agency
You and Locafy are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms of Use agreement or your use of the website or Locafy services.
Phone Recordings
Locafy reserves the right to record phone calls between you and Locafy employees or Locafy agents for training purposes.
Personal Information & Privacy
Locafy collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners. In general, the personal information Locafy collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.
Locafy stores the personal information you enter on the website. Locafy obtains most personal information through the website enquiry form process. You may, however, provide information through a variety of different means (for example if you contact Locafy via email, or answering questions asked by staff or agents of Locafy over the phone).
The website uses cookies which contain information by which Locafy can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by Locafy including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. Locafy may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that Locafy believes may be of interest, based on that information. You can disable cookies through your Internet browser.
Locafy endeavours to collect personal information about an individual only from that individual. In some circumstances Locafy may obtain personal information from a third party or check your details against records kept by other parties. If you provide personal information about another person to Locafy, Locafy requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.
How Locafy uses your Personal Information
Locafy may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Locafy generally uses personal information to:
1. personalise and customise your experience on the website;
2. help Locafy manage and enhance its services;
3. communicate with you by email, SMS message or telephone; and
4. provide you with ongoing information about opportunities on the website which Locafy believes you may be interested by email, SMS message or telephone.
Disclosure of Personal Information
Locafy may use and disclose information relating to a user’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.
Management & Security of Personal Information
Locafy protects the personal information Locafy holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.
Accessing Personal Information
You have the right to seek access to the personal information Locafy holds about you and to advise Locafy of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, Locafy will ask you to verify your identity and specify what information you require. Locafy may charge you a fee to cover the costs of meeting your request.
Licence to Use Your Information
Solely to enable Locafy to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that Locafy can use that content in any way, now and in the future. Locafy also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any laws. You indemnify Locafy against any and all legal fees, damages and other expenses that may be incurred by Locafy as a result of a breach of this warranty. Locafy will only use your information in accordance with our Personal Information & Privacy Policy.
Applicable Law
The Terms of Use and all other specific and additional terms which govern your use or access to the website will be governed by the laws of Western Australia.