Terms

1. Overview

   1.1 The www.localiq.com website (this website) is owned by Crystal Storm Pty Limited (Crystal Storm, we, us). This agreement describes the terms and conditions that govern the use of the services on this website by the nominated registered user that completes the registration process (through an approved third party) (you).

   1.2 Before you become a user of our services, you must read, agree with and accept all of the terms and conditions contained in this agreement and our policies, including our Privacy Policy (Policies). You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.

   1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on this website and a notice advising of the change will be posted on our forum board. Any subsequent access to, or use by you, of this website will constitute an acceptance of these Website Terms as they appear at that time.

   1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.

   1.5 In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.

2. The services

   2.1 This website provides access to a number of different services. Its primary aim is to connect people to local information around the world.

   2.2 We may change our services and suspend, terminate or restrict your subscription at any time if we believe that this is reasonably justified within the Website Terms. Your membership is not transferable, unless otherwise agreed by us.

3. Your account

   3.1 You must be a registered user before you can use any of the services provided through this website. To register as a user of this website, please click here. We reserve the right to refuse to register a user of this website for any reason. If you are 18 or over, you must be an individual who can form a legally binding contract under applicable law to register as a user of this website. If you are under 18, please get your parent's or guardian's permission before using the services of this website including, without limitation, transmitting or uploading any content onto the website. Please also ensure that your parent or guardian is involved in your ongoing use of our website. For your own protection, we recommend that you do not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address. We reserve the right to refuse service, to terminate your account, or to cancel your contract.

   3.2 We may immediately without notice or liability to you suspend or terminate your account, registration or access to any or all services available on this website if you:

   (a) do not log into your account for more than 90 days; or
   (b) fail to abide by these Website Terms,

   If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access this website.

4. Your obligations

   4.1 You must not:

   (a) use this website or the services provided on this website for commercial purposes;
   (b) use this website or the services provided on this website for any activities which breach any laws or regulations or infringe any third party rights;
   (c) use this website or the services provided on this website to send any spam or unsolicited electronic mail messages to anyone;
   (d) use this website or the services provided on this website for fraud or any misleading or deceptive conduct;
   (e) use the personal information of another person in order to access or use this website;
   (f) tamper with, hinder the operation of or make unauthorised modifications to this website; or
   (g) transmit any bug, virus or other disabling feature to or through this website.

   4.2 You must not post any content or information on any part of the website which is or is likely to be:

   (a) abusive, obscene, offensive, pornographic or indecent;
   (b) defamatory of any person;
   (c) in breach of the intellectual property rights or moral rights of any person;
   (d) in breach of any obligations of privacy or confidence;
   (e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
   (f) in breach of any laws; or
   (g) false, misleading or deceptive.

   4.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.

5. Information and content

   5.1 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.

   5.2 This website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.

   5.3 This website includes information and content developed by us (Our Information). You acknowledge and agree that:

   (a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
   (b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
   (c) Our Information may include certain errors, omissions or outdated information from time to time.

   5.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

   5.5 Information posted by users of this website has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any forum, nor are we liable for any material posted on any forum which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.

   5.6 We may from time to time moderate the information appearing on our forums and blogs. However, to report undesirable posts or to bring to our attention users who may not be following these Website Terms, please email queries@localiq.com. Please do not post your grievances on this website.

   5.7 As a registered user, you will receive our newsletters and notifications via your registered email address from time to time if you select to do so at time of registration. You can opt out of receiving these newsletters at any time by sending an email to notifications@localiq.com with the subject heading "REMOVE".

6. Security, viruses and linking

   6.1 We do not guarantee the security of this website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

   6.2 Should you leave this site via a third party link, you acknowledge that:

   (a) you do so at your own risk;
   (b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
   (c) the link does not represent any endorsement by us of the products or services offered on the linked site.

7. Intellectual property

   7.1 Except for your Content provided to any forums or blogs on this website, all intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.

   7.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.

8. Confidentiality and privacy

   8.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

   8.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.

9. Our liability

   9.1 Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:

   (a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
   (b) all implied conditions, warranties and rights are excluded.

   9.2 Without limiting paragraph 9.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by this website.

   9.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:

   (a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
   (b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

   9.4 Subject to paragraphs 9.1 and 9.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

   (a) indirect or consequential loss or damage; or
   (b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

   9.5 Subject to this paragraph 9, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you to us for use of the services on this website.

10. Miscellaneous

    10.1 If for any reason this website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or other causes beyond the control of Geekdom (including war, riot, natural disaster, labour dispute or law taking effect after the date you enter into this agreement with us), which corrupt or affect the administration, security, fraud, integrity or proper conduct of this website, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the website.

    10.2 We may, with notice to you:

    (a) transfer our rights and obligations under these Website Terms to our nominee;
    (b) require you to novate this agreement in favour of our nominee; and/or
    (c) act with your irrecovable power of attorney to sign any necessary documents to enable any such transfer, delegation or novation.

    10.3 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.

    10.4 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

    10.5 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.

    10.6 These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

    10.7 If you have any questions or feedback about this website or these Website Terms, please contact feedback@localiq.com.

© Crystal Storm Pty Limited 2008. All rights reserved. Last updated 5 November 2008