Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to localpinoy.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and localpinoy.com.au’s rights and obligations to each other.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), localpinoy.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
RETURNS AND REFUNDS
localpinoy.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order or services, please notify us within days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods or services purchased. Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of localpinoy.com.au.
USE OF THE SITE
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as gathering prior information regarding our Services. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
INFORMATION AVAILABLE ON THE WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and does not reflect our opinions.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that localpinoy.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
USE OF WEBSITE MATERIALS
All content, data, ideas, comments, feedback, suggestions, expression of ideas or other materials on this Website including software, code and accompanying documentation (any or all of the foregoing being “Materials”) are protected by copyright trade dress and other laws. Except as specifically permitted herein, no Materials on this Website may be reproduced in any form or by any means without express prior written permission from localpinoy.com.au.
All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorised by us is expressly prohibited by law.
localpinoy.com.au does not guarantee continuous or secure access to this Website and the operation of this Website may be interfered with by numerous factors outside of its control. localpinoy.com.au is not responsible for any loss or damage caused by the temporary interruption of this Website due to faults or circumstances outside of its control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line or any event of force majeure.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to localpinoy.com.au, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable laws and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKS TO OTHER WEBSITES
localpinoy.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between localpinoy.com.au and the owners of those websites. localpinoy.com.au takes no responsibility for any of the content found on the linked websites.
localpinoy.com.au’s website may contain information or advertisements provided by third parties for which localpinoy.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
You agree that you will not arrange for any third-party website to be connected to any part of this site by way of hyperlink or otherwise without our prior written consent, and if we grant such consent, then we reserve the right to withdraw such consent at any time in our discretion. You may not use any of our proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship by us without our express written consent, (ii) cause confusion, mistake, or deception, (iii) dilute our trademarks, service marks, or trade names, or (iv) otherwise breach applicable law.
BLOGS, COMMENTS, FEEDBACK/REVIEWS AND OTHER CONTENT
localpinoy.com.au does not monitor, pre-screen, verify or edit the contents of its blogs, feedbacks/reviews or similar areas on this Website through which any content may be uploaded, posted or otherwise provided to the Website and is not responsible for any messages or other content posted therein. localpinoy.com.au makes no representation or warranty as to the nature, quality, reliability, accuracy, completeness or usefulness of the content of any blogs, feedbacks/reviews. Each message expresses the view of its author, and not necessarily the views of any entity associated with localpinoy.com.au and is not adopted, approved or endorsed by localpinoy.com.au. Any user who finds a posted message to be objectionable is encouraged to contact localpinoy.com.au as directed below. localpinoy.com.au reserves the right, but does not undertake the obligation, to delete, modify or otherwise restrict access to or restrict the availability of content which localpinoy.com.au, in its sole discretion, considers to violate these terms or which is otherwise inappropriate, harmful, objectionable, or inaccurate.
If you post, upload or otherwise provide Materials to, in or through a blog or a comment, you grant to localpinoy.com.au and, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (“localpinoy.com.au Entities”) a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of localpinoy.com.au Entities or their designees in any and all media now or hereafter known.
This licence shall also permit localpinoy.com.au Entities to use portions of the Materials you submit, to rerecord or modify any audio tracks or visual images you provide, to rewrite any Materials you submit, and/or to combine other materials, either created by localpinoy.com.au Entities or third parties, with the Materials you submit. Any such works shall be deemed Materials owned by localpinoy.com.au and shall not be subject to your approval or payment by localpinoy.com.au of any compensation to you. You agree that the Materials you submit: (a) are original with you and accurate, and (b) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right. By making a submission of Materials, you acknowledge and agree that localpinoy.com.au Entities may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through a Forum or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials submitted to a Forum or otherwise accepted, reviewed and/or used by localpinoy.com.au Entities may be similar to your Materials or constitute and infringement or misappropriation of your intellectual property rights.
To the fullest extent permitted by law, localpinoy.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. localpinoy.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of localpinoy.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information contained in this website, and these changes will be incorporated in new editions of this website. localpinoy.com.au may make improvements and/or changes in the product(s) and/or the program(s) described in this website at any time.
This Website can be accessed from other countries around the world and may contain references to localpinoy.com.au products, services and programs that have not been announced in your country. These references do not imply that localpinoy.com.au intends to announce such products, services or programs in your country.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. localpinoy.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
localpinoy.com.au may be required, in certain circumstances, to disclose information in good faith and where localpinoy.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of localpinoy.com.au. localpinoy.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then localpinoy.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. localpinoy.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
localpinoy.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
This Website may reference certifications earned by localpinoy.com.au products as the result of formal testing procedures based on third party testing criteria, and may display associated certification logos. In no case shall any such certification claim or logo display be construed to confer any warranty of any kind from any third party.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the Site.
These terms and conditions represent the whole agreement between you and localpinoy.com.au concerning your use and access to localpinoy.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
GOVERNING LAW; JURISDICTION
This Website (excluding linked sites) is controlled by localpinoy.com.au from its offices within Australia. You and localpinoy.com.au agree that these Website terms and all matters relating to your access to or use of this Website shall be governed by and construed in accordance with Australian law, without regard to the conflicts of laws principles thereof.
localpinoy.com.au does not restrict your access to this Website based on your geographic location and accordingly you access this Website on your own initiative and you are responsible for compliance with all applicable local laws.
You and localpinoy.com.au agree, for the sole benefit of localpinoy.com.au, that all legal proceedings in connection with the enforcement, construction, interpretation, breach or violation of these Website terms shall be submitted to the exclusive jurisdiction of the courts of Australia and that jurisdiction and venue are proper in such courts, provided that nothing in this clause shall limit our right to take proceedings against you in any other.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
If you have any other enquiry, please contact us at firstname.lastname@example.org