Locate by App Pty Ltd (ABN 86 610 647 428) (“Locate”)

Conditions of use & Payment Terms for Listing on Apps produced by Locate.

Locate controls Various websites & smart device application styled and known as Locate Apps, and offer a platform for retailers of services or products (each a “Promoted Entity”) to create an account for the provision of information about the Promoted Entity to Locate for distribution and listing on and within various Apps (each a “listing”).

These conditions of use apply to Promoted Entities using, accessing or any in way interacting with Locate and (“Conditions”).
By proceeding to use, connect, download, install, register with or otherwise interact with Locate Apps in any way, you acknowledge and agree that you have read, understood and agree to be bound by these Conditions:

1. You must not use Locate or any other goods or services offered by Locate if you are not of legal age to form a binding contract with Locate or you are a person barred from receiving the services offered by Locate under the laws of Australia or other countries including the country in which you are a resident or from which you use Locate’s services.

2. Locate reserves the right to refuse any listing within Locate Apps without reason.

3. Locate may change these Conditions from time to time. It will attempt to provide reasonable notice if it does so, but it need not do more than update this page. Any changes to the Conditions will take immediate effect from the date of their publication.

4. In order to access the listing services offered by Locate through Locate Apps, the Promoted Entity shall establish an account via the website coffee-now.net or through the Locate Apps application if available.
When establishing an account, the Promoted Entity must supply all information requested by Locate during the registration process. The Promoted Entity warrants that all information it provides to Locate both during the registration process and generally is accurate, complete, correct and up to date.

5. The Promoted Entity must supply all information reasonably necessary and/or requested by Locate during the registration process via Locate Apps to create a listing within two (2) weeks of the Promoted Entity’s account being created.
Failure to create a listing within this period may result in the Promoted Entity’s account being removed and/or the Promoted Entity being prohibited from creating an account or a listing in the future.

6. The Promoted Entity is responsible for all information supplied to Locate and/or displayed within Locate Apps.
This responsibility includes, without limitation, responsibility for the accuracy and completeness of all information.
Should the Promoted Entity or any third party suffer any loss or damage (including consequential or economic loss) as a result of or in connection with any incorrect, incomplete or inaccurate information (“Loss”), the Promoted Entity irrevocably releases, holds harmless and forever indemnifies Locate and its directors, officers and related parties in respect of all such Loss and any claims, actions suits or demands related to such Loss.

7. The Promoted Entity is responsible for periodically checking Locate Apps to ensure that the information displayed is complete and correct.

8. Locate may supply a text input area within Locate Apps which, if available, may be used by the Promoted Entity to promote their business. Any material published or intended to be published as a result of use of Locate Apps by a Promoted Entity that is deemed by Locate in its sole discretion to be racist, defamatory, of a sexual nature or otherwise inappropriate in Locate’s opinion may result in the listing being terminated and/or the Promoted Entity being prohibited from creating an account or publishing listings in the future.

9. Any claims of damages by any user for the information displayed shall be the sole responsibility of the Promoted Entity.

10. In using Locate Apps and in the receipt of service of any goods or services from Locate generally, the Promoted Entity must comply with all and any applicable laws, regulations or generally accepted practises or guidelines within the relevant jurisdictions.

11. The Promoted Entity has the sole responsibility for ensuring the confidentiality and security of its account registration details, including any username or password.

12. The Promoted Entity must not permit, facilitate or allow the use of the Promoted Entity’s account by any person other than the Promoted Entity.

13. Any automated use of Locate Apps is prohibited.

Listing information

Locate Apps has 2 types of listing: “Free” or “Paid”. Free listings allow the Promoted Entity to publish the information that is available by the online form.

Payment Terms

1.1          Listings within the Locate Apps Australia Application may require a Subscription service paid every 3 Months using PayPal.

1.2          The applicable listing type is determined by the nature of the listing information requested by the Promoted Entity and if payment is required the Promoted Entity will be redirected to PayPal to complete the subscription service.

2. In proceeding to use Locate Apps, the Promoted Entity acknowledges and agrees to payment of the applicable purchase price for listings as outlined within Locate Apps or otherwise notified to the Promoted Entity in advance of purchase (“Purchase Price”).

3. The Promoted Entity will usually be required to supply payment information to Locate (or an authorised billing representative of Locate) upon registration.
These payment details may include, for example, credit/debit card or bank account details (“Payment Details”). All Payment Details are required to be supplied to PayPal and these will be retained and used by Locate in accordance with its privacy policy and these Conditions.

4. Listings may have a trial period whereby the listing can be published without charge commencing on the date the Promoted Entity first supplies the necessary information to Locate to create the listing, subject to these Conditions (“Trial Period”). If a listing is not cancelled by the Promoted Entity on or before the expiry of the Trial Period, the Promoted Entity agrees to purchase a recurring Basic listing subscription for the Purchase Price. The Promoted Entity agrees to pay the Purchase Price and authorises Locate to charge and deduct the Purchase Price for the proceeding three (3) month period commencing the day following the end of the Trial Period using the Payment Details. If no, inaccurate or inadequate Payment Details have been supplied, the Promoted Entity acknowledges and agrees that payment of the Purchase Price will constitute a debt due and payable by the Promoted Entity to Locate.

5.  A Subscription is activated when the Payment has been accepted by PayPal if a cost to list is required

6.  All listings within Locate Apps constitute the Promoted Entity entering into an ongoing subscription service with Locate for the continued publication of the listing in perpetuity, subject to these Conditions.

7.  The Purchase Price for the subscription service is automatically paid for in quarterly instalments every three (3) months in advance by Locate using the Payment Details effective from the start date of the listing, or the date any Trial Period concludes, whichever applies and is later. The subscription and ongoing payments will continue until terminated in accordance with these Conditions.

8.  The Promoted Entity can cancel their listing at any time during any Trial Period, without cost, by submitting a request in writing via the use of the website contact Us form requesting the cancellation within Locate Apps if that feature is available. Otherwise, the Promoted Entity may cancel its subscription by using its PayPal account to cancel the service.

9.  Requests received less than thirty (30) days prior to the Promoted Entity’s next quarterly subscription payment will take effect after that next quarterly subscription payment is made.

10. Once a request for cancellation is received by Locate, then, subject to Locate receiving payment for all amounts owed to it by the requesting Promoted Entity, all listings associated with the cancellation requested will be removed from Locate Apps within a reasonable time period.

11. Locate may terminate any subscription in its sole discretion at any time. Any cancellation by Locate in circumstances where the Promoted Entity is not in default of its obligations under these Conditions will take effect at the conclusion of the then current quarterly subscription period applicable to the Promoted Entity’s listing. Any cancellation by Locate in circumstances where the Promoted Entity is either in material default of its obligations under these conditions, or is in default of a non-material obligation which it has not remedied within five days of being notified of the default by Locate, then the cancellation will be of immediate effect and Locate may remove any listing immediately if it elects to do so.

12. The Promoted Entity is to ensure that the Payment Details it supplies are correct, complete and continually updated. Failure to pay a subscription Purchase Price when due may result in the listing to be suspended and the Promoted Entity agrees to pay Locate upon demand all Locate’s fees, costs and expenses it occurs in connection with any failed payment, including the recovery thereof from the Promoted Entity.

13. Locate will comply will any and all applicable laws surrounding warranties, guarantees and refunds in relation to the services it provides. Otherwise, and to the full extent permitted by law, Locate does not make any guarantees, warranties or representations whatsoever regarding the services it provides other than as required by applicable laws (if any). Subject to any applicable laws, all guarantees, warranties and representations are expressly excluded. Locate will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with Locate Apps, the services supplied Locate generally or these Conditions (including without limitation as a result of not being able to use the services or any downtime in the services or Locate Apps), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Disclaimer

14. Applications prepared by Locate have information contained within which has been created with care. Notwithstanding, Locate does not warrant or represent that any information is free from errors or omissions, nor does it provide any warranty as to correctness.
All data contained in listings is obtained and submitted by others without audit, checking or investigation by Locate.

15. Locate Apps is made available on the understanding that Locate, its directors, officers, administrators, employees and agents shall have no liability (including but not limited to liability by reason of negligence) to the users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information and whether caused by reason of any error, omission or misrepresentation in the information or otherwise.

External information sources are outside the control of Locate and it is therefore the responsibility of the user to make their own decisions about the accuracy, reliability and correctness of information found within or access via Locate Apps.
Locate recommends all users verify the information directly with the relevant business or information owner.

16. Promoted Entities registering their details with Locate do so at their own risk. Locate accepts no responsibility for the use of any information provided by Promoted Entities.

17. These conditions and the services offered by Locate, including Locate Apps, are intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to Locate’s services, Locate Apps or these Conditions, the exclusive venue for resolving any dispute shall be in the courts of the State of New South Wales, Australia. Governing Law

18. The Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.

19. The Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

20. If any part of these Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Conditions shall remain in force.

Updated 15/4/2017