Terms of ServiceEffective February 18rd 2014

General

These terms and conditions apply to your use of the Local Measure platform. By using the Local Measure platform you accept these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Local Measure platform.

We may revise these terms and conditions from time to time by updating them on the Local Measure website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Local Measure platform.

Definitions

In these terms and conditions:

“Local Measure” means Online Media Holdings Pty Limited ACN 147 652 337 of 200 Crown St, Darlinghurst, New South Wales.

“we” or “us” means Local Measure.

“content” means material and information (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to or uploaded onto, or otherwise on, the Local Measure platform.

“merchant content” means all content submitted to or uploaded by you or on your behalf to the Local Measure platform.

Conditions of Acceptable Use

In using the Local Measure platform you must not: (a) violate any applicable laws; (b) impersonate any person; (d) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; (e) collect or store personal data about other users of the Local Measure platform; (f) engage in any other conduct that inhibits any other person from using or enjoying the Local Measure platform or (g) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Local Measure platform.

Registration

To gain access to the Local Measure platform you will be required to register an account. Where you are required to register: (a) you must provide us with accurate, complete and current registration information; (b) you must safeguard any user name and password; (c) you authorize us to assume that any person using the Local Measure platform with your user name and/or password is either you or is authorized to act for you; (d) where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password; (e) you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware; and (f) we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.

Set up and Cancellation of Account

Local Measure is a paid service that works on a monthly fee structure. Users who sign up for the service will need to provide their credit card information, which is disclosed to and stored securely by an authorised third-party payment provider. The assigned credit card will be charged at the beginning of each monthly cycle for the service to be provided in the upcoming period. Local Measure uses a third-party provider to processes charges.

It’s important to note that Local Measure is a global service and as such is susceptible to currency fluctuations; as a result from time to time there might be changes to subscription fees. You will be given 30 days notice of any changes to charges and will also be able to view your current subscription fee at any time on your profile page.

You may cancel your account with us at any time from the user profile page within Local Measure. Please note that if you decide to cancel your account after your credit card has already been charged for the month this fee will not be refunded. For example if your credit card is charged on the 1st of the month and you decide to cancel the account on the 4th the cancellation will become effective prior to the next billing cycle.

If you choose to cancel your account or if we otherwise terminate your account, your personal details will only be deleted from the active database, but may remain in our archives. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that when an account is cancelled all credit card information associated with the account will be deleted.

Warranty Disclaimer

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Local Measure platform is provided “as is” without any representations or warranties, express or implied. Local Measure excludes all representations and warranties to the full extent permissible under applicable law. Local Measure makes no representations or warranties in relation to the Local Measure platform or the content, information and materials on the Local Measure platform. Local Measure does not warrant that the Local Measure platform will be constantly available or available at all. Local Measure does not warrant that the content on the Local Measure platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Local Measure platform at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Local Measure does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Local Measure platform or the server that operates the Local Measure platform is free of viruses or other harmful components.

LOCAL MEASURE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOCAL MEASURE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LOCAL MEASURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LOCAL MEASURE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LOCAL MEASURE PLATFORM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRAMSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE LOCAL MEASURE PLATFORME. LOCAL MEASURE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE LOCAL MEASURE PLATFORM, AND LOCAL MEASURE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Local Measure and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair.

Local Measure, and its officers, employees and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use the Local Measure Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

Without limiting the above, IN NO EVENT SHALL LOCAL MEASURE, ITS OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY loss or damage WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOCAL MEASURE PLATFORM; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF SERVICE OR TRANSMISSION TO OR FROM THE LOCAL MEASURE PLATFORM, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LOCAL MEASURE PLATFORM, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE LOCAL MEASURE platform, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnity

You agree to defend, indemnify and hold harmless Local Measure, its officers, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising out of or in connection with your use of the Local Measure platform, or your breach of any of these terms and conditions.

Links and Third Parties

The Local Measure platform may include advertisements, hyperlinks and pointers to web sites operated by third parties. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Local Measure platform (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.

This application uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on this application are the property of Foursquare Labs, Inc.

This product uses the Instagram API but is not endorsed or certified by Instagram.

This product uses the Facebook API but is not endorsed or certifies by Facebook.

Our Proprietary Rights and Intellectual Property

“Local Measure” is the registered trademarks of Online Media Holdings Pty Ltd. Other product and company names referred to on the Local Measure platform may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on us, our name or reputation or the Local Measure Platform.

Copying of any social media content (including any social media platform design and brand insignia, extracts from social media posts and photos) displaed via Local Measure is not permitted and may infringe the copyright of content providers.

Local Measure retain all intellectual property rights and licences in the entire Local Measure platform, and these rights are not passed onto clients unless expressly stated in this agreement. You are not permitted to reproduce, in whole or in part the Local Measure platform or any data accessed via our service.

Privacy Policy

In using the Local Measure application, you may give us personal information in which you have certain rights. By using the Local Measure application, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that this forms part of these terms and conditions. Please click on this link to view our privacy policy.

General

(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. (b) These terms and conditions are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia. (c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Local Measure Platform and the Service. (d) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices. (e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.

Contact information

For any questions relating to our Terms of Service please email us at: support [at] getlocalmeasure.com