Terms Of Use

A   GENERAL TERMS

These General Terms apply to all users of the Loconut website.

A1  About this website

The Loconut website is owned and operated by Loconut under the domain name “www.loconut.com.au”.

Your use of the information, graphics, text, software and materials (Content) on the Loconut website is governed by these Terms of Use and our Privacy Statement. By using the Loconut website, you agree to be bound by these Terms of Use.

In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the Loconut website. By using these parts of the Loconut website, you also agree to be bound by these additional terms.

If you use the Loconut website or register to become a Member on behalf of an association or other legal entity, you warrant that:

• you have full legal authority to bind the association or other legal entity to these Terms of Use; and
• both you and the association or other legal entity on whose behalf you are entering into these Terms of Use will be bound by these Terms of Use.

A2   Persons under the age of 18 years

Some Content on the Loconut website may not be appropriate for persons under the age of 18 years.

If you are under the age of 18 years, you should ask your parent(s) or legal guardian for permission to visit the Loconut website.

If you are a parent and you allow your child to use the Loconut website, you should supervise your child at all times. We strongly encourage parents to supervise their child’s use of the internet and to teach them how to use the internet safely. For example, children should be taught:

• not to give out personal information, such as their full name, address or telephone numbers;
• not to fill out any forms or member registration screens without first asking their parent(s) for permission;
• not to download anything without first asking their parent(s); and
• to tell their parent(s) if someone or something makes them feel uncomfortable or scared.

A3   Links to other websites

The Loconut website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

A4   Information available on the Loconut website

The Loconut website provides general information about people, places and events in Western Australia. Some parts of the Loconut website’s Content is provided by other users of the Loconut website.

We do not warrant the accuracy, correctness or completeness of any of the information or services provided on the Loconut website, which are provided on an “as is” basis.

A5   Your Content and Classified Ads

The Loconut website provides facilities whereby you can provide or otherwise upload text, images, photos, videos, sounds or other materials (Your Content) onto the Loconut website.

The Loconut website also offers a classified section, in which Members can place small Classified Ads.

Your Content and Classified Ads will be publicly available to all users of the Loconut website unless you choose to create a private profile where that option exists. We accept no responsibility for third party use of Your Content or any Classified Ads, or for your use of content that is uploaded by another user of the Loconut website.

We accept no responsibility for monitoring the Loconut website for inappropriate or illegal content uploaded by you or other users, or for inappropriate, misleading or illegal Classified Ads. Even if we choose at any time, in our sole discretion, to monitor the content, we assume no responsibility for any of the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

Specific terms and conditions apply to your use of the facilities on the Loconut website which allow you to upload Your Content and submit Classified Ads. These are set out in section B (Member Services) of these Terms of Use.

A6   Availability of the Loconut website

As electronic services are subject to interruption or breakdown, access to the Loconut website is offered on an “as is” and “as available” basis. We may withdraw the Loconut website at any time and without notice to you.

A7   Warranties

We do not guarantee or warrant the accuracy, adequacy or completeness of Content on the Loconut website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that the Loconut website or any linked websites will be free from viruses or defects.

A8   Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Loconut and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Loconut website, to any material on linked websites, or to your access or use of the Loconut website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

A9   Indemnity

You indemnify Loconut in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use, your use of the Loconut website, Your Content or Classified Ad being posted on the Loconut website or our or any third party’s use of or reliance on Your Content or Classified Ad.

A10   Copyright and trade marks

Copyright in the Content on the Loconut website is owned or licensed by Loconut, unless indicated otherwise.

Except where necessary for viewing the Content on the Loconut website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Loconut website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our prior written consent.

“Loconut” and all associated trade marks, are trade marks of Loconut. Third party trade marks are trade marks of the respective third parties.

A11   Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Loconut website indicates your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Loconut website. You accept that by doing this, we have provided you with sufficient notice of the variation.

A12   Jurisdiction

The law applicable to the Loconut website and to disputes arising from or in connection with the Loconut website is the law of the State of Western Australia, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

 

B   MEMBER SERVICES

The Loconut website offers facilities that allows individuals, clubs and groups who register with us to create unique profiles online in order to promote themselves and communicate with others (Loconut Services).

The terms set out in this section apply to users who register on the Loconut website (Members). They apply in addition to all of the other terms set out in these Terms of Use.

If you are under the age of 18 years, you should ask your parent(s) or legal guardian for permission to register with Loconut to become a Member.

B1   Registration for Loconut Services

B1.1   Your warranties on registration

By using the Loconut Services, you represent and warrant that:

• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information; and
• your use of the Loconut Services does not violate any applicable law or regulation

B1.2   Acceptance of your registration

We may choose to accept or decline your registration to become a Member. We may terminate your membership at any time, without warning and without cause.

B1.3   Fees

Some Loconut Services are provided free of charge, others are not. We reserve the right to charge for the Loconut Services and to change our fees from time to time in our discretion. If we terminate your membership because you have breached these Terms of Use, you will not be entitled to the refund of any unused portion of those fees.

B1.4   Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party except with our prior written consent. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

B2   Use of Loconut Services

B2.1   Non-commercial use

The Loconut Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that we specifically endorse or approve in writing.

Without limiting this term, you must not:

• advertise to or solicit any Member to buy or sell any products or services through the Loconut Services;
• cover or obscure the banner advertisements on your profile page, or any Loconut website page via HTML/CSS or any other means; or
• display an advertisement on your profile, or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Loconut Services on behalf of that person.

B2.2   No illegal use

You must not use, nor allow any person to use, the Loconut Services:

• fraudulently or illegally, or for any obscene, offensive or illegal purpose;
• to upload any content which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing, or otherwise inappropriate;
• to upload any content which is misleading or deceptive; or
• in such a way that may damage or affect the operation or quality of the Loconut Services, the Loconut website or any telecommunications system used to provide the Loconut Services.

B2.3   No inappropriate use

You must not use the Loconut Services to infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person, including without limitation by:

• collecting usernames or email addresses of Members by electronic or other means for the purpose of sending unsolicited mail, for the purpose of unauthorised framing or for the purpose of linking to the Loconut website;
• transmitting or assisting in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• any automated use of the system, such as using scripts; or
• using any information obtained from the Loconut website in order to harass, abuse, or harm another person.

B2.4   Your Content that is prohibited – some examples

Without limiting any other part of these Terms of Use, following is a partial list of the kind of Your Content that is illegal or prohibited to post on or through the Loconut Services. Your Content must not:

• be patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harass or advocate harassment of another person;
• contain nudity, violence, or offensive subject matter or contain a link to an adult website;
• promote conduct that is abusive, threatening, obscene, defamatory or libellous;
• promote an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons or devices, violating someone's privacy, or providing or creating computer viruses
• promote activities that may cause harm to other people, including without limitation the sale or exchange of dangerous goods, weapons, devices or animals;
• involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• include a photograph of another person that you have posted without that person's consent.

Loconut will comply with law enforcement requests for information to assist with inquiries related to any illegal activities.

B3   Intellectual property rights in Your Content

You must own all intellectual property rights in Your Content and be permitted to upload it to the Loconut website.

You represent and warrant that the posting of Your Content using the Loconut Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other money owing to any person by reason of Your Content.

By uploading Your Content to the Loconut website, you grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, reproduce, republish, modify and exploit (including the right to sub-licence) Your Content, in any form or on any medium and for any purpose, including but not limited to posting Your Content on the Loconut website or any third party website, using Your Content in any publication, database, archive, library or using Your Content for any promotion or marketing activity.

B4   Your Content that is posted

B4.1   We may edit and remove Your Content

While we are under no obligation to do so, we retain the right to review, edit, or remove from the Loconut website any of Your Content, in whole or in part, at any time and without notice to you.

B4.2   You are solely responsible for Your Content

You are solely responsible for Your Content and for your interactions with other Members. We do not endorse and have no control over Your Content.

C   CLASSIFIED ADVERTISING

The Loconut website offers a classified section, in which Members can place small advertising notices (Classified Ads).

The terms set out in this section apply to Members who apply to the Loconut website to place Classified Ads. They apply in addition to all of the other terms set out in these Terms of Use.

C1   Publication of Classified Ads

C1.1   Publication of Classified Ads

Subject to these Terms of Use, we will use reasonable endeavours to publish Classified Ads submitted by Members.

C1.2   Right to refuse or withdraw Classified Ads

Neither these Terms of Use nor any written or verbal quotation by us represents an offer to publish any Classified Ad. We reserve the right to refuse or withdraw from publication any Classified Ad at any time without giving reasons (even if we have previously published the Classified Ad).

C1.3   Right to vary format, presentation and text

We reserve the right to vary the placement of a Classified Ad within the Loconut website, and to change its format or wording. Except to the extent that liability cannot be excluded by law, we will not be liable for any costs, expenses, losses or damage suffered or incurred by you or any other person arising from or in connection with our failure to publish a Classified Ad in accordance with your request.

C1.4   Classification

When we decide to publish a Classified Ad that you submit, we will publish it under the classification heading that we reasonably believe is most appropriate. Classification headings are for the convenience of users of the Loconut website, and are determined at our discretion.

C1.5   Fees

Members may place 3 Classified Ads at any one time free of charge. Additional Classified Ads will be charged at our prevailing rates as notified to you from time to time.

We reserve the right to change our fees from time to time in our discretion. If we terminate your membership because you have breached these Terms of Use, you will not be entitled to a refund of any unused portion of those fees.

C2   Your warranties relating to Classified Ads

C2.1   Nature of Classified Ad

The Classified Ad section of the Loconut website is intended for the personal use of Members, and not for commercial activity by businesses.

By submitting a Classified Ad to the Loconut website, you warrant that the Classified Ad is not for the purposes of any commercial or business enterprise.

C2.2   No breach of laws etc

By submitting a Classified Ad to the Loconut website, you warrant to us that the Classified Ad does not:

• breach or infringe any State or Commonwealth legislation, including without limitation any anti-discrimination legislation;
• contain any defamatory or obscene material;
• infringe the intellectual property rights of any other person, or breach an obligation of confidentiality owed to any other person;
• promote any activity that may cause harm to any person; or
• promote or involve the sale or provision of any dangerous goods, weapons, devices or animals.

C2.3   You are solely responsible

You are solely responsible for the content of any Classified Ad you submit. We do not endorse any Classified Ad.

 

D   DEFINITIONS

The meanings of the terms used in these Terms of Use are set out below:

Classified Ads is defined in section C.

Content is defined in clause A1.

General Terms means the terms and conditions set out in section A.

Loconut, our, us or we means Loconut Pty Ltd (ACN 119 337 969) as trustee for the Loconut Unit Trust trading as “Loconut” in Western Australia.

Loconut Services is defined in section B.

Members is defined in section B.

Terms of Use means these Website Terms of Use comprised of sections A to D (inclusive).

you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.

Your Content is defined in clause A5.