- Customer Service
- IPND Data
- Privacy Statement
- Website Disclaimer
- Disclaimer
- Telecommunications Industry
- Northern Territory Terms And Conditions For Advertising
- Queensland And New South Wales Terms And Conditions For Advertising
CUSTOMER SERVICE
Local Directories™ is committed to providing a high level of customer service and welcomes all comments, feedback and any complaints from directory users. Local Directories™ endeavours to resolve any complaints on the same day they are lodged with our Customer Service Team. Phone 1300 36 0867.
Local Directories™ annually sends a Listing Update Form to each and every business within the relevant directory coverage area. Local Directories™ also prints a Listing Update Form in every edition so customers can post or fax their updated information. Our website also has an easy-to-use electronic version of the Listing Update Form so customers can email their requests.
IPND DATA
Local Directories™ collects information from the Integrated Public Number Database (IPND), which may include your name, address and public telephone contact details. Local Directories™ is committed to using and disclosing such IPND data according to the approved use and disclosure as set out in the Telecommunications Act 1997, the IPND Scheme and relevant Ministerial Instruments. Local Directories™ does not collect data from the Integrated Public Number Database (IPND) in order to publish a directory of telephone number subscribers. The IPND data is collected for the specific and sole purpose of publication of a Public Number Directory as defined in the Telecommunications Amendment (Integrated Public Number Database) Act 2006.
Local Directories™ has an Inhouse Security Program that ensures that any IPND information we posses is only handled by those with authorised access. Should you wish access to the IPND data Local Directories™ has stored about you, our Customer Service Team will endeavour to assist you. You will be required to identify yourself to the satisfaction of a Customer Service Representative.
Should an entry relating to you be in error, Local Directories™ encourages contact to be made with your carriage service provider (the company who supplies your telephone service) to effect the necessary correction. In our hardcopy directories, any corrections noted are not able to be updated until the following year's publication.
Consumers are welcome to contact Local Directories™ for further information or call the Privacy Hotline on 1300 36 3992.
PRIVACY STATEMENT
Local Directories™ respects the privacy of individuals' personal information. Accordingly, in addition to our obligations in relation to IPND data, whenever we collect and handle other personal information, we will do so in accordance with the National Privacy Principles. Your personal information is collected for the purpose of publishing and maintaining our hardcopy and online residential, business and community directories.
We may occasionally use your personal information to contact you in order to confirm the currency of that information. You may always ask us not to contact you or for your personal information to be removed from our system and our directories. You can contact us via our website, over the phone, via fax, email, or mail to request that we remove your personal information from our system and directories. If you are contacting us on behalf of a business, we will require evidence that you have the authority to contact us on behalf of that business (such as a letter on company letterhead). Once we have received your request, we will endeavour to remove your personal information from our system and our online directories within 24 hours. In our hardcopy directories, any corrections noted are not able to be updated until the following year's publication.
Local Directories™ has an Inhouse Security Program that ensures that any personal information we collect is only handled by those with authorised access. Should you wish access to the personal information Local Directories™ has stored about you, our Customer Service Team will endeavour to assist you. You will be required to identify yourself to the satisfaction of a Customer Service Representative. Personal information we collect is not disclosed to any third parties for any purposes which would result in misuse.
If you have any questions regarding Local Directories™ handling of personal information please do not hesitate to contact the Customer Service Team Phone 1300 36 0867 or call the Privacy Hotline on 1300 36 3992.
WEBSITE DISCLAIMER
Local Directories™ may or may not have a contractual relationship with the listed entities on this website. Every listing is provided on an "as is" basis, is subject to change at any time, and may contain errors or inconsistencies. Local Directories™ does not represent or warrant that: (a) it has any sponsorship of, or affiliation with, the listed entity to create this listing; or (b) the information in this listing is accurate, complete, current, of any particular quality, or fit for any purpose. By accessing this web page you expressly agree that your use of this listing is at your sole risk. Trade marks and content not owned by Local Directories™ and appearing in this listing is the property of the respective owner (which may be the listed entity or another party).
DISCLAIMER
The Publishers are grateful for the assistance given by government departments, organisations and individuals in the production of this directory. In particular, considerable care has been taken to avoid errors and omissions and the latest information has been sought out and included. Some inaccuracies may occur however and the Publishers cannot therefore accept responsibility for such errors and omissions, but would appreciate advice should any be discovered. Local Directories™ cannot accept responsibility for listing insertions under given category headings. Such listing does not mean the client is qualified or even legally entitled to carry on that particular business.
Local Directories™ may or may not have a contractual relationship with any listed entity. All listings are provided on an "as is" basis, are subject to change at any time, and may contain errors or inconsistencies. Local Directories™ does not represent or warrant that: (a) it has any sponsorship of, or affiliation with, any listed entity to create this listing; or (b) the information in any listing is accurate, complete, current, of any particular quality, or fit for any purpose. By accessing this web page you expressly agree that your use of any listing information is at your sole risk. Trade marks and content not owned by Local Directories™ and appearing in any listing is the property of the respective owner (which may be the listed entity or another party).
TELECOMMUNICATIONS INDUSTRY
The Australian Telecommunications Industry is regulated by the Australian Communications and Media Authority (ACMA). This regulation covers access and use of the Integrated Public Number Database (IPND) and the Do Not Call Register.
ACMA can be contacted at:
360 Elizabeth St
Melbourne, Vic 3000
PO Box 13112 Law Courts
Melbourne Vic 8010
Phone: (03) 9963 6800
Fax: (03) 9963 6899
TTY: (03) 9963 6948
www.acma.gov.au
The Telecommunications Industry Ombudsman (TIO) is a free and independent alternative dispute resolution scheme for small business and residential customers in Australia with unresolved complaints about their telephone or internet services. Complainants must have tried to resolve their complaint directly with their provider before contacting the TIO.
The TIO can be contacted at:
West Melbourne Vic 8007
Phone: 1800 06 2058
Fax: 1800 63 0614
Telephone Interpreter: 131 450
TTY: 1800 67 5692
National Relay Service: 1800 55 5677
General email: tio@tio.com.au
www.tio.com.au
Local Directories™ is in no way associated with TELSTRA Corporation Limited OR any of its Publications INCLUDING Yellow Pages® and WHITE PAGES®.
This publication is copyright and apart from any fair dealing permitted under the Copyright Act, is not to be copied or reproduced in any way for any purpose without the written permission of Local Directories™ .
NORTHERN TERRITORIES TERMS AND CONDITIONS FOR ADVERTISING
By signing the order the advertiser agrees that the following terms and conditions are deemed to apply to every supply of goods and services between Local Directories Pty Ltd and the advertiser.- Subject to these terms and conditions and acceptance of the order, Local Directories Pty Ltd agrees to publish the advertisement in the next available issue of the publication for the total cost specified on the front of this order.
- Local Directories Pty Ltd reserves the right to make changes from time to time including deletions to the classified headings and to place advertising in any position either on any page on which the classified heading appears under which such advertising is to be entered or any page opposite or following such page.
- In addition to the rights reserved in clause 2, Local Directories Pty Ltd also reserves the right to place any advertisement on any electronic media such as electronic networks, databases and computer disks and to alter as necessary any advertisement for such placement. The advertiser specifically authorises any such placement and agrees that all clauses forming part of these terms and conditions for advertising shall apply to such placement.
-
- The advertiser acknowledges that Local Directories™ (or its nominee) may obtain any content, including without limitation any artwork, audio, logos, trade marks, designs, information (such as information about people (including personal information), contact details, opening hours and pricing information) and any other content, relating to the advertiser that is publically available on any website owned, operated, associated with, or relating to, the advertiser ("Online Information").
- The advertiser acknowledges that Local Directories™ may obtain the Online Information for the purpose of publishing the Online Information on the Local Directories™ website. To the extent the advertiser owns or has a licence in respect of any intellectual property rights in the Online Information, the advertiser grants to Local Directories™ a perpetual, non-exclusive, worldwide, irrevocable, transferable, fully-paid up, royalty-free licence (with the right to grant sub-licences) to use, reproduce, modify and communicate such intellectual property rights for the purpose set out in this clause. Where "personal information" (as defined in the Privacy Act 1988) is available on any website owned, operated, associated with, or relating to, the advertiser, to the extent possible the advertiser has obtained all relevant consents required to make such personal information available and for Local Directories™ to obtain and use such personal information for the purpose set out in this clause.
- Prior to publishing the Online Information (or modified Online Information) on its website, Local Directories™ will take reasonable steps to confirm with the advertiser the accuracy, completeness and currency of any Online Information obtained under paragraph (b) and the existence of the required consents in respect of personal information obtained. The advertiser consents to being contacted by Local Directories™ for this purpose. The advertiser acknowledges that Local Directories™ will not be responsible for any errors or omissions contained in the Online Information (or modified Online Information) published by Local Directories, nor for any failure by the advertiser (or Local Directories) to obtain required consents to obtain and publish any personal information on the Local Directories™ website. The advertiser further acknowledges that it is the advertiser's responsibility to regularly review any of its Online Information (including modified Online Information) published by Local Directories™ and undertakes to notify Local Directories™ (as soon as practicable) of any errors or omissions contained in the Online Information and of any consents required in relation to personal information.
- Artwork must be provided to Local Directories Pty Ltd within fourteen (14) days of the date hereof. Local Directories Pty Ltd reserves the right to exclude any artwork received after that date and to publish the advertisement with no artwork or with any artwork which Local Directories Pty Ltd deems appropriate.
- Local Directories Pty Ltd agrees to provide to the advertiser a proof of the advertisement prior to publication via mail, fax, email or other delivery methods as seen fit by Local Directories Pty Ltd. Proof documents sent via email will be deemed as received by the client regardless of the client opening or reviewing the document. The advertiser must give written notice of any amendment within seven (7) days of receiving the proof, otherwise the advertiser shall be deemed to have approved the proof and agreed to the publication of the advertisement as per the proof. Any amendments which do not merely correct errors shall be regarded as a variation and may be charged by Local Directories Pty Ltd at the rates applicable at that time which are called "variation costs".
- The advertiser acknowledges that the goods or service provided under this contract by Local Directories Pty Ltd are a "taxable supply" as defined within relevant federal tax legislation and therefore a Goods and Services Tax is applicable on the total of this order.
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- If the total cost is not paid upon the signing of this order it shall be paid according to the terms stated in the order and in accordance with the following:
- 2 Payments: at least one half of the total cost must be paid upon signing of this order and the balance will be invoiced upon publication of the directory;
- 3 Payments: at least one third of the total cost must be paid upon signing of this order and the balance will be invoiced in equal proportions upon production of the proof and upon publication of the Directory.
- Any variation costs and extra charges (see Clause 13(e)) may be invoiced separately at any time in addition to the total cost.
- Every invoice is payable within fourteen (14) days of receipt;
- Interest will accrue on any late payments or unpaid invoices from the due date for payment until payment is received by Local Directories Pty Ltd at the rate of 2% per calendar month on all overdue amounts calculated on daily interest and compounded annually.
- Any money received by Local Directories Pty Ltd from the advertiser or on the advertiser's account may be applied by Local Directories Pty Ltd in payment of any debt due to Local Directories Pty Ltd by the advertiser including debts which are not due under the terms of this order.
- If the total cost is not paid upon the signing of this order it shall be paid according to the terms stated in the order and in accordance with the following:
- Any amounts not received in accordance with Clause 9 shall be deemed overdue and any other amounts not due at that time will become due and payable immediately.
- A statement showing the sum due and owing by the advertiser to Local Directories Pty Ltd at the date specified in the statement shall be prima facie evidence that the sum is due and owing at the date.
- In order to secure payment of all monies for which the advertiser or its directors may become liable to pay Local Directories Pty Ltd hereunder, the advertiser hereby charges Local Directories Pty Ltd as beneficial owner all of the advertiser's freehold and leasehold interest in land both in which the advertiser is now possessed and which may hereafter acquire, along with all of the advertiser's personal property both presently owned by the advertiser and that which the advertiser may hereafter acquire. The advertiser further agrees that immediately upon demand being made upon the advertiser by Local Directories Pty Ltd, that advertiser shall deliver to Local Directories Pty Ltd such Bill of Mortgage or Bill of Encumbrance, or such other instrument of security or consent to caveat as Local Directories Pty Ltd may require, duly executed or consented to by the advertiser. In the event that the advertiser should neglect or fail to deliver the requested instrument or security, the advertiser hereby appoints Local Directories Pty Ltd to be the advertiser's lawful attorney for the purpose of executing and registering such instruments.
- This order shall not be able to be cancelled by the advertiser.
- Notwithstanding clause 11, Local Directories Pty Ltd in its absolute discretion may accept a cancellation strictly subject to the following terms:
- the advertiser gives notice to Local Directories Pty Ltd of their request to cancel in writing within 14 days from the date of signing the order, and
- Local Directories Pty Ltd has not yet commenced work on the first proof of the advertising ordered by the advertiser, and
- the advertiser pays the invoice cost of all work performed to the date of cancellation, which at a minimum shall be deemed to be at least one third of the total cost specified on the front of this order.
- The advertiser acknowledges that Local Directories Pty Ltd in its absolute discretion may:
- postpone publication of any advertisement or publication or directory;
- return or destroy all artwork which remains in the possession of Local Directories Pty Ltd or its printer for a period exceeding twelve (12) months from the date of publication of the advertisement without being required to give notice to the advertiser;
- not proof or publish an advertisement if any amounts remain outstanding to Local Directories Pty Ltd on any account whatsoever;
- not accept the order;
- charge for any extra costs and expenses incurred by Local Directories Pty Ltd at the request (whether written or oral) of the advertiser ("extra charges").
-
- If a term or condition implied by statute:
- can be excluded it is hereby excluded;
- is capable of limitation it is hereby limited to the supply of services again or the payment of the cost of having those services provided again.
- No compensation shall be payable by Local Directories Pty Ltd to the advertiser for any reason whatsoever except if:
- the advertisement does not appear in the next available issue of the publication (unless pursuant to Clause 13(c) or 13(d));
- the telephone number or business name differs from the telephone number or business name in the proof (spelling mistakes excepted); in which case the maximum compensation payable by Local Directories Pty Ltd will not exceed the amount already paid by the advertiser to Local Directories Pty Ltd in relation to that advertisement only.
- Local Directories Pty Ltd will not be liable in any manner for loss and damage to artwork, film or other materials supplied to Local Directories Pty Ltd which at all times and in respect of all things remain at the risk of the advertiser.
- If a term or condition implied by statute:
- The advertiser warrants and represents to Local Directories™ that:
- the person who signed the order form is authorised by the advertiser to do so;
- all artwork, logos, trade marks, designs, names and the layout and composition of any advertisement provided to Local Directories™ and/or approved by the advertiser for publication:
- are the property of the advertiser and if applicable registered in the name of the advertiser;
- held under licence which allows for the publication of advertisements; and/or
- the advertiser has all the necessary permissions and authorities to publish the advertisement in the form that it is submitted to Local Directories™ for publication and/or approved by the advertiser for publication.
- the advertiser or the person signing the Order has the capacity to contract with Local Directories;
- the offer constituted by this order form shall not be withdrawn;
- the content or publication of the advertisement does not breach any legislation whether State, Territory, or Commonwealth including Part V of the Trade Practices Act 1974.
- The advertiser shall immediately inform Local Directories Pty Ltd in writing of any change in the ownership, operation, legal entity or structure of the advertiser's business or of any change in the information provided in this application. Until such notification is received by Local Directories Pty Ltd the liability for any unpaid amounts will remain with the advertiser as disclosed in this application.
- The advertiser and its directors (if applicable) indemnify and agree to hold Local Directories, its servants and agents and each of them harmless against any loss, damage, action, claim or proceeding whatsoever which may directly or indirectly arise from:
- a breach of the warranties and obligations mentioned herein;
- the publication by Local Directories™ (or its nominee) of any advertisement or any material under or pursuant to this order form, including, without limitation, publication of the Online Information, any modified Online Information; and
- without limiting the generality of the foregoing, any defamation, slander, infringement of any intellectual property right, invasion of privacy or breach of any provision of any enactment of the Commonwealth or any State or Territory of the Commonwealth (including, without limitation, the Copyright Act 1968, Trade Marks Act 1995, Trade Practices Act 1974, the Fair Trading Acts (of any State or Territory), the Privacy Act 1988 and the Spam Act 2003).
- This order shall upon acceptance by Local Directories Pty Ltd constitute a contract binding on the parties and be governed by the laws of Australia and the State of Queensland and the parties agree to submit to the exclusive jurisdiction of the Magistrates Court and District Court held at Southport in the State of Queensland.
- This order form constitutes the entire agreement between the parties and no part hereof may be varied unless done so in writing and signed by both parties. All previous negotiations, understandings and representations are negatived and superseded by this order form and no oral explanation or information provided by any party to the other will affect the meaning or interpretation of this order form or constitute any collateral agreement warranty or understanding between the parties.
- The advertiser acknowledges that Local Directories Pty Ltd may assign the benefit of this order form and agrees in that event to execute a novation agreement releasing Local Directories Pty Ltd from the terms of this order form.
- To the fullest extent permissible any legislation in relation to "cooling off" periods are hereby excluded. If this contract is made in the Northern Territory, all "cooling off" legislation still applies.
- The advertiser agrees to pay Local Directories Pty Ltd cost toward covering payment of any outstanding amounts together with the interest referred to above on a solicitor/own client basis.
- The advertiser acknowledges that it has received a copy of this order and (in the Northern Territory only) all notices required by the Consumer Affairs and Fair Trading Act 1990 (NT) and acknowledges that the provisions of Section 64 of the Trade Practices Act 1974 (Cth) and (in Queensland only) Section 52 of the Fair Trading Act 1989 (Qld) have been complied with.
- If any term or condition is or becomes illegal, invalid or unenforcable then such terms and conditions shall be severed and the other terms and conditions will not be affected.
- If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided on this contract. Payment of the disputed portion may at the discretion of Local Directories Pty Ltd be withheld provided the matter is brought to the attention of Local Directories Pty Ltd immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Local Directories Pty Ltd within seven days of the dispute arising. Local Directories Pty Ltd undertakes to address the dispute immediately upon receipt of such advice.
- Some or all of the information provided on this form may be considered "personal information" as defined by the Privacy Act 1988. Information collected is for the purpose of processing orders and any related enquiries. The intended recipient of the information is the Local Directories Pty Ltd and any related companies engaged in providing services. The advertiser has the right of access to, and alteration of, personal information concerning themselves in accordance with the Privacy Act 1988.
QUEENSLAND & NEW SOUTH WALES TERMS AND CONDITIONS FOR ADVERTISING
By signing the order the advertiser agrees that the following terms and conditions are deemed to apply to every supply of goods and services between Local Directories™ and the advertiser.- Subject to these terms and conditions and acceptance of the order, Local Directories™ agrees to publish the advertisement in the next available issue of the publication for the total cost specified on the front of this order.
- Local Directories™ reserves the right to make changes from time to time including deletions to the classified headings and to place advertising in any position either on any page on which the classified heading appears under which such advertising is to be entered or any page opposite or following such page.
- In addition to the rights reserved in clause 2, Local Directories™ also reserves the right to place any advertisement on any electronic media such as electronic networks, databases and computer disks and to alter as necessary any advertisement for such placement. The advertiser specifically authorises any such placement and agrees that all clauses forming part of these terms and conditions for advertising shall apply to such placement.
-
- The advertiser acknowledges that Local Directories™ (or its nominee) may obtain any content, including without limitation any artwork, audio, logos, trade marks, designs, information (such as information about people (including personal information), contact details, opening hours and pricing information) and any other content, relating to the advertiser that is publically available on any website owned, operated, associated with, or relating to, the advertiser ("Online Information").
- The advertiser acknowledges that Local Directories™ may obtain the Online Information for the purpose of publishing the Online Information on the Local Directories™ website. To the extent the advertiser owns or has a licence in respect of any intellectual property rights in the Online Information, the advertiser grants to Local Directories™ a perpetual, non-exclusive, worldwide, irrevocable, transferable, fully-paid up, royalty-free licence (with the right to grant sub-licences) to use, reproduce, modify and communicate such intellectual property rights for the purpose set out in this clause. Where "personal information" (as defined in the Privacy Act 1988) is available on any website owned, operated, associated with, or relating to, the advertiser, to the extent possible the advertiser has obtained all relevant consents required to make such personal information available and for Local Directories™ to obtain and use such personal information for the purpose set out in this clause.
- Prior to publishing the Online Information (or modified Online Information) on its website, Local Directories™ will take reasonable steps to confirm with the advertiser the accuracy, completeness and currency of any Online Information obtained under paragraph (b) and the existence of the required consents in respect of personal information obtained. The advertiser consents to being contacted by Local Directories™ for this purpose. The advertiser acknowledges that Local Directories™ will not be responsible for any errors or omissions contained in the Online Information (or modified Online Information) published by Local Directories, nor for any failure by the advertiser (or Local Directories) to obtain required consents to obtain and publish any personal information on the Local Directories™ website. The advertiser further acknowledges that it is the advertiser's responsibility to regularly review any of its Online Information (including modified Online Information) published by Local Directories™ and undertakes to notify Local Directories™ (as soon as practicable) of any errors or omissions contained in the Online Information and of any consents required in relation to personal information.
- Artwork must be provided to Local Directories™ within fourteen (14) days of the date hereof. Local Directories™ reserves the right to exclude any artwork received after that date and to publish the advertisement with no artwork or with any artwork which Local Directories™ deems appropriate.
- Local Directories™ agrees to provide to the advertiser a proof of the advertisement prior to publication via mail, fax, email or other delivery methods as seen fit by Local Directories. Proof documents sent via email will be deemed as received by the client regardless of the client opening or reviewing the document. The advertiser must give written notice of any amendment within seven (7) days of receiving the proof, otherwise the advertiser shall be deemed to have approved the proof and agreed to the publication of the advertisement as per the proof. Any amendments which do not merely correct errors shall be regarded as a variation and may be charged by Local Directories™ at the rates applicable at that time which are called "variation costs".
- The advertiser acknowledges that the goods or service provided under this contract by Local Directories™ are a "taxable supply" as defined within relevant federal tax legislation and therefore a Goods and Services Tax is applicable on the total of this order.
-
- If the total cost is not paid upon the signing of this order it shall be paid according to the terms stated in the order and in accordance with the following:
- 2 Payments: at least one half of the total cost must be paid upon signing of this order and the balance will be invoiced upon publication of the directory;
- 3 Payments: at least one third of the total cost must be paid upon signing of this order and the balance will be invoiced in equal proportions upon production of the proof and upon publication of the Directory.
- Any variation costs and extra charges (see Clause 13(e)) may be invoiced separately at any time in addition to the total cost.
- Every invoice is payable within fourteen (14) days of receipt;
- Interest will accrue on any late payments or unpaid invoices from the due date for payment until payment is received by Local Directories™ at the rate of 2% per calendar month on all overdue amounts calculated on daily interest and compounded annually.
- Any money received by Local Directories™ from the advertiser or on the advertiser's account may be applied by Local Directories™ in payment of any debt due to Local Directories™ by the advertiser including debts which are not due under the terms of this order.
- If the total cost is not paid upon the signing of this order it shall be paid according to the terms stated in the order and in accordance with the following:
- Any amounts not received in accordance with Clause 9 shall be deemed overdue and any other amounts not due at that time will become due and payable immediately.
- A statement showing the sum due and owing by the advertiser to Local Directories™ at the date specified in the statement shall be prima facie evidence that the sum is due and owing at the date.
- In order to secure payment of all monies for which the advertiser or its directors may become liable to pay Local Directories™ hereunder, the advertiser hereby charges Local Directories™ as beneficial owner all of the advertiser's freehold and leasehold interest in land both in which the advertiser is now possessed and which may hereafter acquire, along with all of the advertiser's personal property both presently owned by the advertiser and that which the advertiser may hereafter acquire. The advertiser further agrees that immediately upon demand being made upon the advertiser by Local Directories, that advertiser shall deliver to Local Directories™ such Bill of Mortgage or Bill of Encumbrance, or such other instrument of security or consent to caveat as Local Directories™ may require, duly executed or consented to by the advertiser. In the event that the advertiser should neglect or fail to deliver the requested instrument or security, the advertiser hereby appoints Local Directories™ to be the advertiser's lawful attorney for the purpose of executing and registering such instruments.
- This order shall not be able to be cancelled by the advertiser.
- Notwithstanding clause 11, Local Directories™ in its absolute discretion may accept a cancellation strictly subject to the following terms:
- the advertiser gives notice to Local Directories™ of their request to cancel in writing within 14 days from the date of signing the order, and
- Local Directories™ has not yet commenced work on the first proof of the advertising ordered by the advertiser, and
- the advertiser pays the invoice cost of all work performed to the date of cancellation, which at a minimum shall be deemed to be at least one third of the total cost specified on the front of this order.
- The advertiser acknowledges that Local Directories™ in its absolute discretion may:
- postpone publication of any advertisement or publication or directory;
- return or destroy all artwork which remains in the possession of Local Directories™ or its printer for a period exceeding twelve (12) months from the date of publication of the advertisement without being required to give notice to the advertiser;
- not proof or publish an advertisement if any amounts remain outstanding to Local Directories™ on any account whatsoever;
- not accept the order;
- charge for any extra costs and expenses incurred by Local Directories™ at the request (whether written or oral) of the advertiser ("extra charges").
-
- If a term or condition implied by statute:
- can be excluded it is hereby excluded;
- is capable of limitation it is hereby limited to the supply of services again or the payment of the cost of having those services provided again.
- No compensation shall be payable by Local Directories™ to the advertiser for any reason whatsoever except if:
- the advertisement does not appear in the next available issue of the publication (unless pursuant to Clause 13(c) or 13(d));
- the telephone number or business name differs from the telephone number or business name in the proof (spelling mistakes excepted); in which case the maximum compensation payable by Local Directories™ will not exceed the amount already paid by the advertiser to Local Directories™ in relation to that advertisement only.
- Local Directories™ will not be liable in any manner for loss and damage to artwork, film or other materials supplied to Local Directories™ which at all times and in respect of all things remain at the risk of the advertiser.
- If a term or condition implied by statute:
- The advertiser warrants and represents to Local Directories™ that:
- the person who signed the order form is authorised by the advertiser to do so;
- all artwork, logos, trade marks, designs, names and the layout and composition of any advertisement provided to Local Directories™ and/or approved by the advertiser for publication:
- are the property of the advertiser and if applicable registered in the name of the advertiser;
- held under licence which allows for the publication of advertisements; and/or
- the advertiser has all the necessary permissions and authorities to publish the advertisement in the form that it is submitted to Local Directories™ for publication and/or approved by the advertiser for publication.
- the advertiser or the person signing the Order has the capacity to contract with Local Directories;
- the offer constituted by this order form shall not be withdrawn;
- the content or publication of the advertisement does not breach any legislation whether State, Territory, or Commonwealth including Part V of the Trade Practices Act 1974.
- The advertiser shall immediately inform Local Directories™ in writing of any change in the ownership, operation, legal entity or structure of the advertiser's business or of any change in the information provided in this application. Until such notification is received by Local Directories™ the liability for any unpaid amounts will remain with the advertiser as disclosed in this application.
- The advertiser and its directors (if applicable) indemnify and agree to hold Local Directories, its servants and agents and each of them harmless against any loss, damage, action, claim or proceeding whatsoever which may directly or indirectly arise from:
- a breach of the warranties and obligations mentioned herein;
- the publication by Local Directories™ (or its nominee) of any advertisement or any material under or pursuant to this order form, including, without limitation, publication of the Online Information, any modified Online Information; and
- without limiting the generality of the foregoing, any defamation, slander, infringement of any intellectual property right, invasion of privacy or breach of any provision of any enactment of the Commonwealth or any State or Territory of the Commonwealth (including, without limitation, the Copyright Act 1968, Trade Marks Act 1995, Trade Practices Act 1974, the Fair Trading Acts (of any State or Territory), the Privacy Act 1988 and the Spam Act 2003).
- This order shall upon acceptance by Local Directories™ constitute a contract binding on the parties and be governed by the laws of Australia and the State of Queensland and the parties agree to submit to the exclusive jurisdiction of the Magistrates Court and District Court held at Southport in the State of Queensland.
- This order form constitutes the entire agreement between the parties and no part hereof may be varied unless done so in writing and signed by both parties. All previous negotiations, understandings and representations are negatived and superseded by this order form and no oral explanation or information provided by any party to the other will affect the meaning or interpretation of this order form or constitute any collateral agreement warranty or understanding between the parties.
- The advertiser acknowledges that Local Directories™ may assign the benefit of this order form and agrees in that event to execute a novation agreement releasing Local Directories™ from the terms of this order form.
- To the fullest extent permissible any legislation in relation to "cooling off" periods are hereby excluded. If this contract is made in the Northern Territory, all "cooling off" legislation still applies.
- The advertiser agrees to pay Local Directories' cost toward covering payment of any outstanding amounts together with the interest referred to above on a solicitor/own client basis.
- The advertiser acknowledges that it has received a copy of this order and (in the Northern Territory only) all notices required by the Consumer Affairs and Fair Trading Act 1990 (NT) and acknowledges that the provisions of Section 64 of the Trade Practices Act 1974 (Cth) and (in Queensland only) Section 52 of the Fair Trading Act 1989 (Qld) have been complied with.
- If any term or condition is or becomes illegal, invalid or unenforcable then such terms and conditions shall be severed and the other terms and conditions will not be affected.
- If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided on this contract. Payment of the disputed portion may at the discretion of Local Directories™ be withheld provided the matter is brought to the attention of Local Directories™ immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Local Directories™ within seven days of the dispute arising. Local Directories™ undertakes to address the dispute immediately upon receipt of such advice.
- Some or all of the information provided on this form may be considered "personal information" as defined by the Privacy Act 1988. Information collected is for the purpose of processing orders and any related enquiries. The intended recipient of the information is the Local Directories™ Group and any related companies engaged in providing services. The advertiser has the right of access to, and alteration of, personal information concerning themselves in accordance with the Privacy Act 1988.
