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 ONLINE SHOPPING
Loconut.com.au acts as a venue to allow business (sellers) to offer and sell products and services to its members. YOU ACKNOWLEDGE AND AGREE THAT LOCONUT.COM.AU IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, LOCONUT.COM.AU HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE
Loconut.com.au is not involved in the actual transaction between buyers and sellers and to the extent permitted by law Loconut.com.au specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
Loconut.com.au is not involved with or a party to any transactions that take place between members. Loconut.com.au does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. Loconut.com.au may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against Loconut.com.au for any matter arising out of any Loconut.com.au transaction or otherwise in respect of this Agreement.
This clause does not affect any rights you may lawfully have against Loconut.com.au itself for its own acts or omissions.
D1 Website
All prices listed on the Loconut website are in Australian dollars and include GST. All monetary transactions occur on a secure-website with 128-bit SSL encryption
D2 Delivery
Delivery of items purchased on Loconut.com.au is occurs via an integrated network of reputable logistics companies who deliver to residential and business premises internationally - including but not limited to DHL, FedEx, Australia Post, Fastway Couriers, EMS. Sellers offering their products on Loconut.com.au do so by agreeing to the Business Terms and Conditions that specific delivery terms. In summary these are:
Processed and dispatched within 5 business days and delivered within 10 business days thereafter. Signature requirement at the discretion of the seller
Where the seller ships internationally, they process and dispatch orders within 5 business days and deliver within 20 business days thereafter.
Please note that delivery charges are per dispatch to the same shipping address. Sending items to a number of different addresses will require separate orders with individual delivery charges.
While shipping prices may vary depending on the item, an estimate for costs is listed in the table below:
| Combined Weight | Cost |
| Up to 500g | $5.40 |
| Up to 3kg | $12.75 |
| Up to 5kg | $16.45 |
| Up to 10kg | $27.50 |
While every effort is made to deliver within our estimated process and dispatch times, all timeframes are indicative only. In particular, deliveries outside of major cities and towns within Australia may take longer than the timeframes above. During times of peak seasonal demand (Valentine's Day, Father's Day, but especially Christmas) there may be slight delays in the dispatch of your order, so please allow extra time for delivery.
It is your responsibility to inform Loconut.com.au if an order does not arrive or if you believe the contents of your order are incorrect. Once we learn an order has not arrived by the due date, we will lodge an enquiry with the seller to ensure delivery occurs as soon as possible. We will always endeavour to work with the seller to ensure prompt arrival of your products.
Please allow up to the maximum estimated days for delivery. Also note that if an item has been lost in transit or if you have received an incorrect order, we may not dispatch correct or replacement items immediately. Items will be dispatched at the seller’s discretion. Should there be a problem with the delivery of your order, please contact us.
As a guide only, carriers attempt to deliver between 9am and 5pm Monday to Friday.
Where the seller requires recipients to sign for delivery, you agree that we have satisfied this condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the carrier's discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.
In the event that a signature cannot be obtained on the first delivery attempt, the recipient will be left a card with details on how their parcel can be obtained. Please note that where applicable, re-deliveries after a second failed attempt will incur additional charges.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of this agreement, and does not entitle you to cancel an order. Loconut.com.au relies on the delivery services of the seller. We will not accept liability for any loss or damage arising from a late delivery nor will we accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
D3 Refund, Exchange, Non-Delivery and Warranty
Loconut.com.au will refund your money - less delivery charges if goods are dead on arrival, damaged, faulty or incorrectly dispatched and this is advised to us in accordance with these Terms and Conditions. Faulty goods may be able to be returned after the 30 day period, in accordance with a valid warranty claim as detailed below.
To return goods to us, all we require you do is contact us on enquiries@loconut.com.au. Once we receive your email, we issue you with a Return Merchandise Authority (RMA) number and advise you the details of how best to return the product(s) to us. The RMA number must be written on your original invoice/receipt and return shipping label. Returns must be received by Loconut.com.au within 14 days of the RMA number being issued.
In most cases we will advise you to return products by post, in which case please use the following postal address:
Loconut.com.au
(Attn: Returns Department)
Suite 2 / 331 Hay Street
SUBIACO, WA, 6008
Australia
The best packaging to use for returning products is the packaging in which you originally received your order. If this is not available please return products in an envelope, satchel, bag or box suitable for mail or courier transport. Australia Post will normally have a range of suitable packaging available for purchase. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. Please ensure that you enclose your original invoice/receipt with all returned product(s).
Where you are responsible for return carriage under these Terms and Conditions, please note that the risk of products in transit from you to us lies with you. Accordingly, you are free to choose any method of shipping available, including options such as registration, insurance and online tracking. However, please note that we are not able to process returns where we do not physically have possession of the product(s). In all instances, where possible, we recommend that you retain proof of shipping whenever returning items to us.
We warrant that any product sold on Loconut.com.au will be free from defects in materials and workmanship for a period of 14 days from your invoice/receipt date. If any defects in materials or workmanship in a product we have sold are identified and notified to us within this warranty period then we will, at our option, either repair or replace the product, or refund your money and take back the product. Loconut.com.au does not accept any liability beyond this, and does not accept any liability for consequential loss.
Our liability under this warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials, and was not caused by or substantially contributed to by other factors, or circumstances beyond our control, including (but not limited to) defective installation, maintenance or repair, accidental or malicious damage, alteration or modification of the product in a manner not recommended by the manufacturers or any neglect, misuse or excessive use.
The Loconut.com.au warranty does not extend to and we are not liable for, any damage to articles to which a product is attached or with which it is used, or for the consequences of a product being used for any purpose for which it has not been designed or for which its use is not recommended by the manufacturers.
Please carefully inspect your goods when they arrive. If for some reason your product(s) arrive in a damaged state, are dead on arrival, or you believe they have been incorrectly dispatched, please contact us within 48 hours of receipt of your goods. You will be required to retain the original packaging for returning products to us. Where dead on arrival or warranty claims are not found to be valid, you will be charged a no-fault fee of AU $100, plus applicable delivery charges.
Loconut.com.au will endeavour to process all returned goods within 5 business days of receipt. We will pay for the shipping cost associated with returning the product(s) to us. At our option, we will either refund you the appropriate amount in the same manner that you paid us or exchange the product (subject to product availability) free of delivery charges. You will still be liable for the delivery charge associated with your original order and where we are providing free return delivery it is at our sole discretion what delivery service is chosen.
If you are returning an item given to you as a gift, these terms and conditions relating to the refund, exchange and warranty of items purchased from Loconut.com.au equally apply. We are happy to exchange faulty or defective. However, if a refund is required, please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser.
Please allow 2 weeks for refunds from the time we have received returned goods and 4 weeks for credit to appear on your bank statements. We cannot refund to a different credit card to the one used when the purchase was made. A customer service representative will endeavour to communicate (normally by e-mail) the successful processing of all refunds, exchanges and warranty claims.
Please note that all warranty claims and returns must be accompanied by a valid invoice/receipt. There are also expressed or implied conditions, warranties, guarantees, rights and remedies under the Trade Practices Act and you may also have additional rights under a manufacturer's warranty on certain products. Where you pursue a manufacturer claim after expiration of our 30 day warranty, it will be your responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card.
Loconut.com.au is not responsible for any item that is not returned in the manner set forth above.
In the event of non-delivery (due to an item being out of stock), Loconut will inform within 2 business day and refund your money.
E 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 E (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.