A   GENERAL TERMS

These General Terms apply to all users of the locoTV website.

 

A1  About this website

The locoTV website is owned and operated by locoTV under the domain name “www.locoTV.com.au”.

Your use of the information, graphics, text, software and materials (Content) on the locoTV website is governed by these Terms of Use and our Privacy Statement. By using the locoTV website, you agree to be bound by these Terms of Use.

In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the locoTV website. By using these parts of the locoTV website, you also agree to be bound by these additional terms.

If you use the locoTV website or register to become a Member on behalf of an association or other legal entity, you warrant that:

    * you have full legal authority to bind the association or other legal entity to these Terms of Use; and

    * both you and the association or other legal entity on whose behalf you are entering into these Terms of Use will be bound by these Terms of Use.

 

A2   Persons under the age of 18 years

Some Content on the locoTV website may not be appropriate for persons under the age of 18 years.

If you are under the age of 18 years, you should ask your parent(s) or legal guardian for permission to visit the locoTV website.

If you are a parent and you allow your child to use the locoTV website, you should supervise your child at all times. We strongly encourage parents to supervise their child’s use of the internet and to teach them how to use the internet safely. For example, children should be taught:

    * not to give out personal information, such as their full name, address or telephone numbers;

    * not to fill out any forms or member registration screens without first asking their parent(s) for permission;

    * not to download anything without first asking their parent(s); and

    * to tell their parent(s) if someone or something makes them feel uncomfortable or scared.

 

A3   Links to other websites

The locoTV website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

 

A4   Information available on the locoTV website

The locoTV website provides general information about people, places and events in Western Australia. Some parts of the locoTV website’s Content is provided by other users of the locoTV website.

We do not warrant the accuracy, correctness or completeness of any of the information or services provided on the locoTV website, which are provided on an “as is” basis.

 

A5   Your Content and Classified Ads

The locoTV website provides facilities whereby you can provide or otherwise upload text, images, photos, videos, sounds or other materials (Your Content) onto the locoTV website.

The locoTV website also offers a classified section, in which Members can place small Classified Ads.

Your Content and Classified Ads will be publicly available to all users of the locoTV website unless you choose to create a private profile where that option exists. We accept no responsibility for third party use of Your Content or any Classified Ads, or for your use of content that is uploaded by another user of the locoTV website.

We accept no responsibility for monitoring the locoTV website for inappropriate or illegal content uploaded by you or other users, or for inappropriate, misleading or illegal Classified Ads. Even if we choose at any time, in our sole discretion, to monitor the content, we assume no responsibility for any of the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

Specific terms and conditions apply to your use of the facilities on the locoTV website which allow you to upload Your Content and submit Classified Ads. These are set out in section B (Member Services) of these Terms of Use.

 

A6   Availability of the locoTV website

As electronic services are subject to interruption or breakdown, access to the locoTV website is offered on an “as is” and “as available” basis. We may withdraw the locoTV website at any time and without notice to you.

 

A7   Warranties

We do not guarantee or warrant the accuracy, adequacy or completeness of Content on the locoTV website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that the locoTV website or any linked websites will be free from viruses or defects.

 

A8   Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, locoTV and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the locoTV website, to any material on linked websites, or to your access or use of the locoTV website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

 

A9   Indemnity

You indemnify locoTV in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use, your use of the locoTV website, Your Content or Classified Ad being posted on the locoTV website or our or any third party’s use of or reliance on Your Content or Classified Ad.

 

A10   Copyright and trade marks

Copyright in the Content on the locoTV website is owned or licensed by locoTV, unless indicated otherwise.

Except where necessary for viewing the Content on the locoTV website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the locoTV website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our prior written consent.

“locoTV” and all associated trade marks, are trade marks of locoTV. Third party trade marks are trade marks of the respective third parties.

 

A11   Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the locoTV website indicates your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the locoTV website. You accept that by doing this, we have provided you with sufficient notice of the variation.

 

A12   Jurisdiction

The law applicable to the locoTV website and to disputes arising from or in connection with the locoTV website is the law of the State of Western Australia, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

 

 

B   MEMBER SERVICES

The locoTV website offers facilities that allows individuals, clubs and groups who register with us to create unique profiles online in order to promote themselves and communicate with others (locoTV Services).

The terms set out in this section apply to users who register on the locoTV website (Members). They apply in addition to all of the other terms set out in these Terms of Use.

If you are under the age of 18 years, you should ask your parent(s) or legal guardian for permission to register with locoTV to become a Member.

 

B1   Registration for locoTV Services

B1.1   Your warranties on registration

By using the locoTV Services, you represent and warrant that:

    * all registration information you submit is truthful and accurate.

    * you will maintain the accuracy of such information; and

    * your use of the locoTV Services does not violate any applicable law or regulation

B1.2   Acceptance of your registration

We may choose to accept or decline your registration to become a Member. We may terminate your membership at any time, without warning and without cause.

B1.3   Fees

Some locoTV Services are provided free of charge, others are not. We reserve the right to charge for the locoTV Services and to change our fees from time to time in our discretion. If we terminate your membership because you have breached these Terms of Use, you will not be entitled to the refund of any unused portion of those fees.

B1.4   Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party except with our prior written consent. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

 

B2   Use of locoTV Services

B2.1   Non-commercial use

The locoTV Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that we specifically endorse or approve in writing.

Without limiting this term, you must not:

    * advertise to or solicit any Member to buy or sell any products or services through the locoTV Services;

    * cover or obscure the banner advertisements on your profile page, or any locoTV website page via HTML/CSS or any other means; or

    * display an advertisement on your profile, or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the locoTV Services on behalf of that person.

B2.2   No illegal use

You must not use, nor allow any person to use, the locoTV Services:

    * fraudulently or illegally, or for any obscene, offensive or illegal purpose;

    * to upload any content which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing, or otherwise inappropriate;

    * to upload any content which is misleading or deceptive; or

    * in such a way that may damage or affect the operation or quality of the locoTV Services, the locoTV website or any telecommunications system used to provide the locoTV Services.

B2.3   No inappropriate use

You must not use the locoTV Services to infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person, including without limitation by:

    * collecting usernames or email addresses of Members by electronic or other means for the purpose of sending unsolicited mail, for the purpose of unauthorised framing or for the purpose of linking to the locoTV website;

    * transmitting or assisting in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    * any automated use of the system, such as using scripts; or

    * using any information obtained from the locoTV website in order to harass, abuse, or harm another person.

B2.4   Your Content that is prohibited – some examples

Without limiting any other part of these Terms of Use, following is a partial list of the kind of Your Content that is illegal or prohibited to post on or through the locoTV Services. Your Content must not:

    * be patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

    * harass or advocate harassment of another person;

    * contain nudity, violence, or offensive subject matter or contain a link to an adult website;

    * promote conduct that is abusive, threatening, obscene, defamatory or libellous;

    * promote an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    * contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    * promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons or devices, violating someone's privacy, or providing or creating computer viruses

    * promote activities that may cause harm to other people, including without limitation the sale or exchange of dangerous goods, weapons, devices or animals;

    * involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

    * include a photograph of another person that you have posted without that person's consent.

 

locoTV will comply with law enforcement requests for information to assist with inquiries related to any illegal activities.

 

B3   Intellectual property rights in Your Content

You must own all intellectual property rights in Your Content and be permitted to upload it to the locoTV website.

You represent and warrant that the posting of Your Content using the locoTV Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other money owing to any person by reason of Your Content.

By uploading Your Content to the locoTV website, you grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, reproduce, republish, modify and exploit (including the right to sub-licence) Your Content, in any form or on any medium and for any purpose, including but not limited to posting Your Content on the locoTV website or any third party website, using Your Content in any publication, database, archive, library or using Your Content for any promotion or marketing activity.

 

B4   Your Content that is posted

B4.1   We may edit and remove Your Content

While we are under no obligation to do so, we retain the right to review, edit, or remove from the locoTV website any of Your Content, in whole or in part, at any time and without notice to you.

B4.2   You are solely responsible for Your Content

You are solely responsible for Your Content and for your interactions with other Members. We do not endorse and have no control over Your Content.

 

C   CLASSIFIED ADVERTISING

The locoTV website offers a classified section, in which Members can place small advertising notices (Classified Ads).

The terms set out in this section apply to Members who apply to the locoTV website to place Classified Ads. They apply in addition to all of the other terms set out in these Terms of Use.

C1   Publication of Classified Ads

C1.1   Publication of Classified Ads

Subject to these Terms of Use, we will use reasonable endeavours to publish Classified Ads submitted by Members.

C1.2   Right to refuse or withdraw Classified Ads

Neither these Terms of Use nor any written or verbal quotation by us represents an offer to publish any Classified Ad. We reserve the right to refuse or withdraw from publication any Classified Ad at any time without giving reasons (even if we have previously published the Classified Ad).

C1.3   Right to vary format, presentation and text

We reserve the right to vary the placement of a Classified Ad within the locoTV website, and to change its format or wording. Except to the extent that liability cannot be excluded by law, we will not be liable for any costs, expenses, losses or damage suffered or incurred by you or any other person arising from or in connection with our failure to publish a Classified Ad in accordance with your request.

C1.4   Classification

When we decide to publish a Classified Ad that you submit, we will publish it under the classification heading that we reasonably believe is most appropriate. Classification headings are for the convenience of users of the locoTV website, and are determined at our discretion.

C1.5   Fees

Members may place 3 Classified Ads at any one time free of charge. Additional Classified Ads will be charged at our prevailing rates as notified to you from time to time.

We reserve the right to change our fees from time to time in our discretion. If we terminate your membership because you have breached these Terms of Use, you will not be entitled to a refund of any unused portion of those fees.

C2   Your warranties relating to Classified Ads

C2.1   Nature of Classified Ad

The Classified Ad section of the locoTV website is intended for the personal use of Members, and not for commercial activity by businesses.

By submitting a Classified Ad to the locoTV website, you warrant that the Classified Ad is not for the purposes of any commercial or business enterprise.

C2.2   No breach of laws etc

By submitting a Classified Ad to the locoTV website, you warrant to us that the Classified Ad does not:

    * breach or infringe any State or Commonwealth legislation, including without limitation any anti-discrimination legislation;

    * contain any defamatory or obscene material;

    * infringe the intellectual property rights of any other person, or breach an obligation of confidentiality owed to any other person;

    * promote any activity that may cause harm to any person; or

    * promote or involve the sale or provision of any dangerous goods, weapons, devices or animals.

C2.3   You are solely responsible

You are solely responsible for the content of any Classified Ad you submit. We do not endorse any Classified Ad.

 

 

D   ONLINE SHOPPING

locoTV.com.au acts as a venue to allow business (sellers) to offer and sell products and services to its members. YOU ACKNOWLEDGE AND AGREE THAT locoTV.COM.AU IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, locoTV.COM.AU HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE

locoTV.com.au is not involved in the actual transaction between buyers and sellers and to the extent permitted by law locoTV.com.au specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.

locoTV.com.au is not involved with or a party to any transactions that take place between members. locoTV.com.au does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. locoTV.com.au may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against locoTV.com.au for any matter arising out of any locoTV.com.au transaction or otherwise in respect of this Agreement. This clause does not affect any rights you may lawfully have against locoTV.com.au itself for its own acts or omissions.

 

D1   Website

All prices listed on the locoTV website are in Australian dollars and include GST. All monetary transactions occur on a secure-website with 128-bit SSL encryption

D2   Delivery

Delivery of items purchased on locoTV.com.au is occurs via an integrated network of reputable logistics companies who deliver to residential and business premises internationally - including but not limited to DHL, FedEx, Australia Post, Fastway Couriers, EMS. Sellers offering their products on locoTV.com.au do so by agreeing to the Business Terms and Conditions that specific delivery terms. In summary these are: Processed and dispatched within 5 business days and delivered within 10 business days thereafter. Signature requirement at the discretion of the seller Where the seller ships internationally, they process and dispatch orders within 5 business days and deliver within 20 business days thereafter. Please note that delivery charges are per dispatch to the same shipping address. Sending items to a number of different addresses will require separate orders with individual delivery charges.

While every effort is made to deliver within our estimated process and dispatch times, all timeframes are indicative only. In particular, deliveries outside of major cities and towns within Australia may take longer than the timeframes above. During times of peak seasonal demand (Valentine's Day, Father's Day, but especially Christmas) there may be slight delays in the dispatch of your order, so please allow extra time for delivery.

It is your responsibility to inform locoTV.com.au if an order does not arrive or if you believe the contents of your order are incorrect. Once we learn an order has not arrived by the due date, we will lodge an enquiry with the seller to ensure delivery occurs as soon as possible. We will always endeavour to work with the seller to ensure prompt arrival of your products. Please allow up to the maximum estimated days for delivery. Also note that if an item has been lost in transit or if you have received an incorrect order, we may not dispatch correct or replacement items immediately. Items will be dispatched at the seller’s discretion. Should there be a problem with the delivery of your order, please contact us.

As a guide only, carriers attempt to deliver between 9am and 5pm Monday to Friday.

Where the seller requires recipients to sign for delivery, you agree that we have satisfied this condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the carrier's discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us. In the event that a signature cannot be obtained on the first delivery attempt, the recipient will be left a card with details on how their parcel can be obtained. Please note that where applicable, re-deliveries after a second failed attempt will incur additional charges.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of this agreement, and does not entitle you to cancel an order. locoTV.com.au relies on the delivery services of the seller. We will not accept liability for any loss or damage arising from a late delivery nor will we accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

 

D3   Refund, Exchange, Non-Delivery and Warranty

locoTV.com.au will refund your money - less delivery charges if goods are dead on arrival, damaged, faulty or incorrectly dispatched and this is advised to us in accordance with these Terms and Conditions. Faulty goods may be able to be returned after the 30 day period, in accordance with a valid warranty claim as detailed below.

To return goods to us, all we require you do is contact us on enquiries@locoTV.com.au. Once we receive your email, we issue you with a Return Merchandise Authority (RMA) number and advise you the details of how best to return the product(s) to us. The RMA number must be written on your original invoice/receipt and return shipping label. Returns must be received by locoTV.com.au within 14 days of the RMA number being issued.

In most cases we will advise you to return products by post, in which case please use the following postal address:

locoTV.com.au (Attn: Returns Department) Suite 2 / 331 Hay Street SUBIACO, WA, 6008 Australia

 

The best packaging to use for returning products is the packaging in which you originally received your order. If this is not available please return products in an envelope, satchel, bag or box suitable for mail or courier transport. Australia Post will normally have a range of suitable packaging available for purchase. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. Please ensure that you enclose your original invoice/receipt with all returned product(s).

Where you are responsible for return carriage under these Terms and Conditions, please note that the risk of products in transit from you to us lies with you. Accordingly, you are free to choose any method of shipping available, including options such as registration, insurance and online tracking. However, please note that we are not able to process returns where we do not physically have possession of the product(s). In all instances, where possible, we recommend that you retain proof of shipping whenever returning items to us.

We warrant that any product sold on locoTV.com.au will be free from defects in materials and workmanship for a period of 14 days from your invoice/receipt date. If any defects in materials or workmanship in a product we have sold are identified and notified to us within this warranty period then we will, at our option, either repair or replace the product, or refund your money and take back the product. locoTV.com.au does not accept any liability beyond this, and does not accept any liability for consequential loss.

Our liability under this warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials, and was not caused by or substantially contributed to by other factors, or circumstances beyond our control, including (but not limited to) defective installation, maintenance or repair, accidental or malicious damage, alteration or modification of the product in a manner not recommended by the manufacturers or any neglect, misuse or excessive use.

The locoTV.com.au warranty does not extend to and we are not liable for, any damage to articles to which a product is attached or with which it is used, or for the consequences of a product being used for any purpose for which it has not been designed or for which its use is not recommended by the manufacturers.

Please carefully inspect your goods when they arrive. If for some reason your product(s) arrive in a damaged state, are dead on arrival, or you believe they have been incorrectly dispatched, please contact us within 48 hours of receipt of your goods. You will be required to retain the original packaging for returning products to us. Where dead on arrival or warranty claims are not found to be valid, you will be charged a no-fault fee of AU $100, plus applicable delivery charges.

locoTV.com.au will endeavour to process all returned goods within 5 business days of receipt. We will pay for the shipping cost associated with returning the product(s) to us. At our option, we will either refund you the appropriate amount in the same manner that you paid us or exchange the product (subject to product availability) free of delivery charges. You will still be liable for the delivery charge associated with your original order and where we are providing free return delivery it is at our sole discretion what delivery service is chosen.

If you are returning an item given to you as a gift, these terms and conditions relating to the refund, exchange and warranty of items purchased from locoTV.com.au equally apply. We are happy to exchange faulty or defective. However, if a refund is required, please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser.

Please allow 2 weeks for refunds from the time we have received returned goods and 4 weeks for credit to appear on your bank statements. We cannot refund to a different credit card to the one used when the purchase was made. A customer service representative will endeavour to communicate (normally by e-mail) the successful processing of all refunds, exchanges and warranty claims.

Please note that all warranty claims and returns must be accompanied by a valid invoice/receipt. There are also expressed or implied conditions, warranties, guarantees, rights and remedies under the Trade Practices Act and you may also have additional rights under a manufacturer's warranty on certain products. Where you pursue a manufacturer claim after expiration of our 30 day warranty, it will be your responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card.

locoTV.com.au is not responsible for any item that is not returned in the manner set forth above.

In the event of non-delivery (due to an item being out of stock), locoTV will inform within 2 business day and refund your money.

 

E   DEFINITIONS

The meanings of the terms used in these Terms of Use are set out below:

Classified Ads is defined in section C.

Content is defined in clause A1.

General Terms means the terms and conditions set out in section A.

locoTV, our, us or we means locoTV Pty Ltd (ACN 119 337 969) as trustee for the locoTV Unit Trust trading as “locoTV” in Western Australia.

locoTV Services is defined in section B.

Members is defined in section B.

Terms of Use means these Website Terms of Use comprised of sections A to E (inclusive).

you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.

Your Content is defined in clause A5.