​

INTRODUCTION

1. These terms and conditions (Terms) apply when you use the website located at https://www.reachlocali.com/ and the Locali self-service advertising platform (together, the Website).
2. You agree to be bound by these Terms which form a binding contractual agreement between you and Locali Australia Pty Ltd ABN 73 696 508 666  (Locali, our, we or us).
3. If you do not agree to these Terms, you must refrain from using the Website.
4. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
   
   

ACCESS AND USE OF THE WEBSITE

5. You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these Terms and any applicable laws.
   
   

YOUR OBLIGATIONS

6. You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

(b)use the Website for any purpose other than the purposes of browsing, obtaining information about our services, scanning QR codes, participating in the loyalty program, booking or managing advertisements, or such other purposes as we may permit from time to time;

(c)use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)use the Website with the assistance of any automated scripting tool or software;

(f)act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website without our prior consent; and

(g)attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)gaining unauthorised access to Website accounts or data;

(ii)scanning, probing or testing the Website for security vulnerabilities;

(iii)overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)instigating or participating in a denial-of-service attack against the Website.

ACCOUNTS

7. Certain features of the Website, including the self-service advertising portal and the loyalty program, may require you to create an account. When creating an account, you must provide accurate and complete information and keep your account details up to date.
8. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us if you become aware of any unauthorised use of your account.
9. We reserve the right to suspend or terminate your account at any time if we reasonably believe you have breached these Terms or any applicable laws.
   
   

ADVERTISER CONTENT

10. If you use the Website to create, upload or manage advertisements, you are solely responsible for ensuring that all content you submit complies with all applicable laws, regulations and industry codes, including the Australian Association of National Advertisers Code of Ethics and the Competition and Consumer Act 2010 (Cth).
11. We reserve the right to review, reject or remove any content you submit through the Website, at our absolute discretion, without liability to you.
12. By uploading content to the Website, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and distribute that content to the extent necessary to provide our services. You warrant that you have all necessary rights to grant this licence and that the content does not infringe any third party’s rights.

​

INFORMATION ON THE WEBSITE

13. While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time:

(a)the Website may have errors or defects;

(b)the Website may not be accessible at times;

(c)messages sent through the Website may not be delivered promptly, or delivered at all;

(d)information you receive or supply through the Website may not be secure or confidential; or

(e)any information provided through the Website may not be accurate or true.

14. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including service descriptions, pricing and other Website Content.

​

INTELLECTUAL PROPERTY

15. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
16. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
    
    

LINKS TO OTHER WEBSITES

17. The Website may contain links to other websites that are not our responsibility, including the websites of advertisers whose advertisements are displayed via our platform. We have no control over the content of linked websites and we are not responsible for it.
18. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
    
    

SECURITY

19. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
    
    

REPORTING MISUSE

20. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details provided on our Website.
    
    

PRIVACY

21. You agree to be bound by our Privacy Policy, which can be found at https://www.reachlocali.com/tcs.
    
    

LIABILITY

22. We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.
23. Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
    
    

GENERAL

Governing Law and Jurisdiction

24. These Terms are governed by the law applying in the Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.

Waiver

25. No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

26. Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

Assignment

27. A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

Entire Agreement

28. These Terms, together with our Privacy Policy and Cookies Policy, embody the entire agreement between you and us in relation to your use of the Website and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.