Lake Mac Family Life - User & Business Guide
Terms of Use
As a condition of your use of this website and service, you warrant to Lake Mac Family Life, that you will not use this website and service in a way that is:
- defamatory, abusive, harassing or hateful
- includes any abusive, obscene, indecent or offensive language
- endorses commercial products or activities or solicits business in a manner contrary to the submission guidelines
- violates copyrights or other forms of licences and consents
- invades anyone’s privacy, reveals the identity of another user or impersonates anyone
- encourages conduct that may or would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation anywhere in the world.
Disclaimer
1. Use of this website:
Whilst Lake Mac Family Life endeavours to maintain the accuracy of this website, information is subject to change. It is advisable that users ascertain the currency of information immediately prior to use. Lake Mac Family Life disclaims all responsibility for any loss or damage which may arise from the use of this website and web service. Any mistakes in the information that are brought to our attention will be corrected as soon as possible. We reserve the right to change any information stored on this website at any time without notice and accept no liability for any loss or damage a person suffers because that person has directly or indirectly relied on any information contained on this website.
2. Links to external websites:
Links to external websites are provided as a convenience to users and such sites are not under the control of Lake Mac Family Life. The inclusion of any link does not imply endorsement of that site by Lake Mac Family Life. Lake Mac Family Life is not responsible for the content or reliability of the linked websites, or for any loss or inconvenience arising from the use of such a site.
3. Third-party content:
Some of the information provided on this website is supplied by third parties. Lake Mac Family Life moderates these submissions but does not necessarily check background information or extended networks related to a person, organisation or event. The listing of third party information does not imply endorsement by Lake Mac Family Life of the information. The listing of a person or organisation on this website does not imply endorsement by Lake Mac Family Life of the products or services provided by that person or organisation.
Terms & Conditions
These terms & conditions apply to our provision of services through means of listing information about local businesses, events and job vacancies (Listings) on Lake Mac Family Life’s website at https://lakemacfamilylife.com.au (Website), owned and operated by Lake Mac Family Life (ABN 54 718 781 275) (LMFL).
LMFL is responsible for the operation and maintenance of the Website, Directory, Event and Job Listings. LMFL has sole discretion whether to accept or decline an application for a Listing, provide the Service and publish a Listing on the Website in the Directory.
1. Contract – Terms & Conditions
1.1 By applying for a Listing on our Website, you are offering to make a contract with LMFL for the requested services. If LMFL accepts your Listing, then LMFL has accepted the contract (Contract). The terms & conditions that apply to your Contract and the Service are set out in:
(a) these terms & conditions, including any attachments;
(b) the Listing form on the Website;
(c) the policies available on the Website, including the Privacy Policy;
(d) any additional advertising rules and/or guidelines which apply to your Service
1.2 The Terms & Conditions supersede any terms & conditions previously issued, either in writing or verbally, on www.lakemacfamilylife.com.au or otherwise provided by LMFL.
2. Contract Period
2.1 The Contract begins on the date the approved and authorised Listing form and payment details, or equivalent contract, is received by LMFL.
2.2 The Contract will continue for the period set out in the online advertising form or equivalent contract.
3. Contract Amendment
3.1. LMFL, in its sole discretion, may vary these Terms & Conditions at any time without notice. The changes will be effective as soon as they have been posted on the Website.
3.2. You should check the Terms & Conditions from time to time so you are aware of any changes to the site and services. Your continued use of the Website after any modifications indicates you have accepted the new Terms & Conditions.
4. Listing Content
4.1. The Business is responsible for uploading and maintaining all content about the Business in the Listing, in accordance with the requirements outlined by LMFL.
4.2. LMFL may amend, edit, remove, revise or refuse to publish any Listing. LMFL reserves the right to include or exclude entry to, or remove a business, event or job listing from the website at any time, for any reason whatsoever, in its sole discretion, and without any liability to LMFL.
4.3 LMFL takes no responsibility for the content, or omissions from content, in any Listing.
5. Termination
5.1. This Contract may be terminated in the following ways:
(a) At any time, if the Business and LMFL agree in writing (including by email or online form);
(b) By LMFL, without notice if:
- the Business (being an individual) is declared bankrupt; or
- any action is taken in relation to the Business which, if the Business is a company, reasonably indicates its insolvency (e.g. action is commenced for LMFL to be wound up or placed in liquidation) or if the Business is a person then similar events occur which indicate bankruptcy;
- the Business fails to comply with any of its obligations to LMFL including, without limitation, the Business’s obligations to make any payment to LMFL in cleared funds by the due date for payment, or if applicable, maintain sufficient funds as required in this Contract.
6. Liability and Indemnity
6.1. The Business indemnifies LMFL against any claim by any third party against LMFL in respect of any matter arising from the operation, use, transfer of data or money to and from LMFL by the Business.
6.2. By lodging material in the Listing, including electronic material or data for publication or authorising or approving the publication of any material with LMFL, the Business indemnifies LMFL and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and without limiting the generality of the above, Business and or advertising agencies indemnify LMFL and its directors, employees and agents against any claims arising from the following, including but not limited to:
(a) infringement of copyright;
(b) infringement of trademarks, names of publication titles, licences, royalty rights or other intellectual property rights;
(c) defamation, libel, slander of title;
(d) unfair competition;
(e) breach of trade practices, privacy or fair trading legislation; and
(f) violation of rights of privacy or confidential information.
6.3. The Business indemnifies LMFL for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the Service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Listing, in a Directory, on the Website, or any of its printed material.
6.4. The Business may not assign its rights or obligations under any agreement with LMFL, without the prior written consent of LMFL.
7. Intellectual Property
7.1. Intellectual property included on the Website belongs to LMFL. Business obtain no interest in the intellectual property. A Business may not do anything which interferes with or breaches those intellectual property rights.
7.2. Content provided to LMFL for use on the website, such as articles and publications, remains the property of LMFL and cannot be reproduced or republished without prior written consent from LFML.
7.3. Apart from fair dealing permitted by the Copyright Act 1968, LMFL grants Business on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
7.4. Maps and map data: All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider. Except as expressly permitted by these terms & conditions, users may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of LMFL.
LMFL provide the MapBox and Google Maps products on an ’as is’ basis as provided by the developers of the respective organisations. The user hereby agrees not to make any claims against LMFL, MapBox or Google pertaining to the suitability for any given purpose and performance of their maps.
8. Privacy Policy
LMFL has implemented and follows a privacy policy regarding the collection, use and disclosure of any personal information (Privacy Policy). The Privacy Policy can be viewed here. All Website users are informed that LMFL’s Privacy Policy and consent to the collection, use and disclosure of personal information is set out in the Privacy Policy.
9. General Notices
9.1. Any notice to be served to LMFL under this Contract must be served by post or email to LMFL at: PO Box 3050, Valentine 2280 or via our online contact form.
9.2 If any part of these terms & conditions are unenforceable the remainder will not be affected.
9.3 These terms & conditions are governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
10. Listing Fees, Advertising, Invoicing and Payment
10.1. The prices for a Business listing, event or job vacancy (Listing Fees) are set out on the Website. LMFL reserves the right to change the prices and levels of Listing at any time. These changes will take effect immediately. The changes will apply to the Business when the Business purchase a new Listing or renews its application for a Listing.
10.2. The prices for Advertising are set out in our advertising kit. LMFL reserves the right to change the prices for Advertising at any time. These changes will take effect immediately. The changes will apply to the Business when a new Advertising contract is entered in to or renewed.
10.3. Invoicing and payment:
(a) Upon receipt of the approved and authorised order form or agreement with a sales representative or equivalent contract by LMFL, the Business will be issued with an invoice of the amount payable for the Listing Fee or Advertising (Service Fees).
(b) The Business must pay all Service Fees upon receipt of invoice, according to the terms of payment set out in that document.
(c) All Service Fees are exclusive of GST. If and when GST is payable, this will be reflected on the Website and in the charges payable by the Business, and the Business agrees to pay the GST.
(d) Payment methods: LMFL accepts the following payment methods:
- Listing Fees: Credit Card (processed by Stripe)
- Advertising Fees: Bank Transfer or Credit Card (processed by Stripe)
(e) Funds: If required by the payment arrangements agreed between LMFL and the Business, the Business is responsible for maintaining sufficient funds in their credit card account or the bank account (as the case may be) to cover all fees or charges payable to LMFL as and when they are due.
(f) Credit Card: If the Business pays by credit card, then LMFL reserves the right to process the credit card for payment as required to achieve a successful outcome, in the event that the original processing transaction is unsuccessful. The Business acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
(g) Debt collection: If the Business’s account exceed LMFL’s payment terms, LMFL will pass it on for collection and or legal action. If so, the Business is liable for all costs including debt collection, commission, solicitor’s fees and any out of pocket expenses incurred in recovering the debt.
(h) Default: If the Business exceeds LMFL’s payment terms and as a result is passed on for collection and or legal action LMFL may place a default against the Business with a credit reporting agency.
11. Cancellation Policy
11.1. If the Business wants to terminate their Contract and remove the Listing, then the Business must give one (1) month notice to LMFL.
11.2 LMFL will not grant a refund on Listing Fees paid.
Copyright 2019 Lake Mac Family Life (ABN 54 718 781 275)
Last Updated 24th October, 2019.
