terms and conditions
The terms and conditions set out below (“Terms and Conditions“)
govern your use of the LocalPaper.com.au website (“Site“). By using
the Site, you must accept and abide by the Terms and Conditions. If you
do not accept the Terms and Conditions, you are not permitted to use the
Site and you must refrain from using it.
Local Media Pty Ltd (LM) reserves the right to make changes to these
Terms and Conditions which will be effective once they are published on
the Site. You should revisit this area of the Site regularly to check
the Terms and Conditions.
Use of the Site by you
You agree to only use the Site for purposes permitted by the Terms and
Conditions. You are responsible for all equipment and software used to
access the Site.
You must not:
use the Site directly or indirectly for any activity which breaches any
laws, infringes a third party’s rights, is unlawful, or breaches the
Terms and Conditions;
use the Site directly or indirectly to post or transmit any Material
unlawfully, or which is obscene, indecent, uses offensive language,
defames, abuses, harasses, stalks, threatens, menaces, offends or
restricts any person, or which prevents any other user from using or
enjoying the Site or which is false, misleading or deceptive in any way;
submit for posting or otherwise distribute any Material in any way which
violates, plagiarises or infringes upon the rights of any third party,
including but not limited to any copyright or trademark law, privacy or
other personal or proprietary or moral rights;
use the Site directly or indirectly, or use any service provided on the
Site, to conduct surveys, contests, pyramid schemes, or send chain
letters, junk email. spam or any other duplicative or unsolicited
messages (commercial or otherwise);
attempt to gain unauthorised access to the Site or use another
person’s name, registration account or password;
impersonate any person or entity or create a false identity for the
purpose of misleading others as to the identity of the sender or the
origin of a message you post on the Site or falsely state or otherwise
misrepresent your affiliation with a person or entity;
knowingly provide registration information that is not truthful;
tamper with, hinder the operation of or make unauthorised modifications
to the Site;
knowingly transmit any virus or other disabling feature to the Site;
collect information about others, including email addresses, without
their consent; or
engage in any other conduct that we may advise that we consider (in our
absolute discretion) breaches these Terms and Conditions or is otherwise
inappropriate for the Site.
Disclaimer and Limitation of
Australian consumer law may imply statutory conditions such as
warranties, conditions or guarantees or impose obligations which cannot
be excluded, restricted or modified. For example, if you are considered
a consumer (as defined by consumer protection laws that apply to LM) you
will be entitled to certain warranties under that legislation. For more
information on consumer protection laws please visit www.accc.gov.au
. These Terms and Conditions must in all cases be read subject to these
To the extent permitted by law, LM and its information contributors and
associated service providers exclude all warranties, including without
limitation, as to the availability, accuracy, completeness, currency or
reliability of the Material, products or services, including products or
services of any third party, that are made available via the Site.
LM does not investigate or endorse any person, company or organisation
that uses, advertises, posts on or provides Material to the Site or any
events, information, products or services (“Products“) offered for
sale or otherwise identified or provided by them. The availability of
Material through the Site does not constitute advice about the
appropriateness, value or suitability of any Material or Product, any
particular transaction or course of action nor does it constitute any
recommendation or endorsement by LM of any Product or to you to enter
into any transaction or follow any course of action. Any decision that
you make about any Material or Products offered, identified or provided
through the Site or referred to or advertised on the Site must be based
solely on your own evaluation of your circumstances and objectives and
of the Material or Product. LM recommends that you independently verify
the accuracy, currency or reliability of any Material made available via
the Site and upon which you intend to rely.
The Site and Material available on it are provided on an “as is”
basis. You understand that by using this Site, you may be exposes to
content that is posted by third parties which you may find indecent or
LM makes no warranty that the Site will be free from viruses or any kind
of malicious code whatsoever. To the extent permitted by law, all
implied warranties, conditions and representations about or in relation
Material on the Site;
the services or Products made available through the Site;
the availability of the Site; and
your use of the Site,
If a term is implied by law into the Terms and Conditions and the law
prohibits provisions in a contract excluding or modifying liability
under that term, then it will be included in the Terms and Conditions.
However, our liability for breach of such term will, to the extent
permitted by law, be limited, at our option, to:
in relation to goods, at our option:
repair and return of the goods to you;
refund to you of the cost of replacing the goods or of acquiring
equivalent goods; or
if the product is still available, replacement of the goods with
equivalent goods; or
in relation to services, at our option:
supply of the services again; or
refund to you of the cost of having the services supplied again.
However if you are considered a consumer under an Australian consumer
law that applies to LM, and you use our goods or services for personal,
domestic or household use the above limitation and any other limitations
on liability in these Terms and Conditions (including in the following
paragraph) will not apply to you to the extent the liability is in
relation to our beach of a warranty implied by Australian consumer law.
To the extent permitted by law, we (and our officers, employees, agents
or related bodies corporate) exclude all liabilities (including in
contract, for negligence or otherwise) for any loss, damage (whether
direct or consequential), costs or expenses suffered by you or claims
made against you in connection with, however caused:
your use of the Site (and its Material);
any lack of availability, interruption, delay in operation, virus,
internet access difficulties, or equipment malfunction in relation to
any failure to provide the Site;
any Products, goods or services supplied, offered or advertised on the
your purchase of any goods or services offered for sale on the Site or
your use or reliance on any information provided on the Site.
The Site may contain links to external sites. Those sites are not part
of the Site and, unless otherwise indicated, are not under LM’s
control. No link appearing in the Site and no external site linked to
the Site is endorsed by LM and no responsibility is taken for material
them. You agree that by accessing any linked site you are doing so at
your own risk and you agree to fully indemnify LM against any liability
arising out of your accessing any linked site.
Accuracy of Registration Information
When registering on the Site, you must ensure that all information you
provide is correct and up-to-date. If you change your details during the
period of your membership, you agree to ensure your details are updated.
Username and Password
It is your responsibility to keep your login (email address) and your
password safe and secure. If there is any activity undertaken with your
login details then you are responsible. Your account is for your sole,
personal use. You may not allow others to use your account and you may
not assign or otherwise transfer your account to any other person or
entity. If you think that your details may have been used by someone
else then you must notify Contact Support as soon as possible. You must
also change your password immediately. You agree to indemnify LM against
any and all claims arising out of your failure to maintain the
confidentiality of your username and password.
If any credit card payments are made on the Site, those payments are
processed by an independent third party service provider. You consent to
disclosure of relevant information about you to that provider on a
Placement and Removal of Material on
We reserve the right (but have no obligation):
to decline to publish, or where already published, to remove any
Material that we consider in our absolute discretion is inappropriate
for the Site for any reason;
to establish general practices and limits concerning the uploading of
Material to the Site or the level and amount of your use of the Site and
that these practices and limits may be modified from time to time;
to monitor use of the Site by you and store and disclose any information
we collect, including in order to investigate you compliance with these
Terms and Conditions or for the purposes of any police investigation or
You agree that LM has no responsibility or liability for the deletion or
failure to store any Material submitted by you to the Site.
All providers of Material to LM for posting or publishing on the Site:
authorise LM to use any Material you provide to us in good faith for the
purposes of complying with any legal process, responding to claims of
third parties and to protect the rights or property of LM and its
customers and the public;
authorise LM to edit, modify, amend or adapt or otherwise change your
grant LM a world-wide, royalty-free an non-exclusive licence to use and
exploit all intellectual property rights in your Material, in
perpetuity, without restriction and without making any payment to you
and without seeking any further approval from you, including publication
of that Material in hard copy publications or in electronic media, using
your Material in advertising or promotional material and permitting
others to do any of these, including when others or LM receive payment
for doing this;
you waive all moral rights in your Material and consent to LM doing
anything which LM (or anyone permitted by LM) may do in relation to your
Material which would otherwise be in breach of your moral rights. This
includes LM using your Material without attributing you as the source of
agree that we may use your name, likeness, publically accessible
biographical data in connection with our use of such Material; and
agree to indemnify LM and its officers, employees and agents from any
damage or loss made against or suffered by any of those indemnified
arising, in whole or in part, as a result of the publication by LM of
You acknowledge that our use of your Material may include licensing such
Material to third parties and/or using such Material for advertising
purposes. In no event shall we be required to seek your approval or
provide you with any compensation in connection with such uses. You
acknowledge that nothing contained within your Material would require us
to seek permission of a third party in order to use the Material as
published. Publication is at the discretion of LM.
You acknowledge that copyright, trade marks and all other intellectual
property rights (“IP Rights”) in the Site and in the Material
displayed or available through the Site belongs to LM or its licensors.
You are provided access to the Site only for your personal use. Subject
to applicable laws:
unauthorised use of the Material is strictly prohibited and may infringe
LM’s or its licensors IP Rights in the Material; and
no content may be reproduced, published or transmitted in any manner
without the prior written consent of LM.
Without limiting the above, and subject to applicable law, you may not
without prior written permission from LM:
archive the Material or any part of it;
form a database whether electronically or otherwise by systematically
downloading or storing all or any of the Material;
redistribute or republish the Material; or
link to the Site including (without limitation) linking in any way
frames the Site;
replicates the Site; or
misleads any person regarding any association with the Site or any
association with LM (whether implicitly or expressly).
The trade marks used on the Site are LM’s trade marks or the trade
marks of a third party. Nothing on the Site should be construed as
granting any licence to use any trade mark without the permission of the
You must not use any of LM’s trade marks:
as or as part of your trade marks;
in connection with goods or services which are not the goods or services
in a manner that may be confusing, misleading or deceptive; or
in a manner that disparages LM, its information or services or the Site.
You acknowledge that your use of the Site and associated services may be
subject to interruption or delay. Due to the nature of the Internet and
mobile phone communications, LM and its service providers do not make
any warranty that the Site or services will be error free, without
interruption or delay or free from defects in design or engineering.
The compatibility of this Site is not guaranteed for all software or
hardware of users.
Liability and indemnity
To the maximum extent permitted by law, you specifically agree to
indemnify and hold LM and its affiliates, employees, agents,
representatives and third party service providers, harmless from any and
all claims and liabilities relating to your use of the Site or its use
by any person on your behalf. For the purposes of this paragraph Site
includes any linked sites.
You acknowledge that you have read and understood the terms of the
Privacy Statement that are located here. You agree that LM may use and
disclose information about you in accordance with the terms of the
Privacy Statement. You also agree to check the Privacy Statement on a
regular basis and to let LM know if you object to use or disclosure of
information about you in accordance with any updated statement.
If you make contact with a person through the Site and that person
requests that you do not contact them again, you must comply with that
request. You must not disclose the contact details of any person that
you obtain through the Site without the prior consent of that person.
The illegality, invalidity or unenforceability of any part of the Terms
and Conditions will not affect the legality, validity or enforceability
of the remainder.
We reserve the right to suspend, limited, cancel or disable your
membership from the Site without prior notice (i) if we reasonably
believe that you or someone authorised by you breaches any of the Terms
and Conditions, (ii) if considered necessary by LM due to technical or
security issues, (iii) if there is a prolonged period of inactivity on
the Site by you (iv) if LM is requested to do so by a government or law
enforcement agency (v) or if it is otherwise considered necessary by LM
at its sole discretion. LM is not required to provide any reasons for a
decision to suspend, limited, cancel or disable your membership.
Upon termination of your membership you will be restricted from
accessing any member restricted area of the Site, submitting any
Material to the Site and any Material submitted by you to the Site or
other information held by LM in relation to your use of the Site may be
deleted and is not returnable to you.
Benefit of Terms and Conditions
Local Media Pty Ltd ABN 68 096 680 063 holds the benefit of all rights
conferred on LM or its officers, employees or agents under these Terms
and Conditions as trustee for those persons and may enforce those rights
on their behalf in its capacity as trustee.
These Terms and Conditions are governed by, and construed in accordance
with the law in force in Victoria. The parties submit to the
non-exclusive jurisdiction of the court exercising jurisdiction in
Victoria, and any court that may hear appeals from any of those courts,
for any proceedings in connection with these Terms and Conditions.
In these Terms and Conditions:
Material means information, data, text, software, illustrations, photos,
audio, video, any combination of these or other material.
Us, we, our or LM means Local Media Pty Ltd and/or its related bodies
corporate or joint ventures.
Elections and Referendums
Responsibility for election and referendum comment on this website is
taken by Ash Long, 30 Glen Gully Road, Eltham, Vic 3095.
by Yea Newspapers, a division of Local Media Pty Ltd
67 096 680 063
Office: 30 Glen Gully Road, Eltham, Vic 3095
(03) 5797 2656 or 1800 231 311. Fax: 1800 231 312.
Phone: +61 3 5797 2656. Fax: +61 3 9431 6247
Yea, Victoria, Australia.
the Melbourne Observer
Local Paper is published by Local
Media Pty Ltd which also publishes the Melbourne
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newsagencies across Victoria.
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