Terms of Service

Effective march 3rd 2016

General

These terms and conditions apply to your use of the Local Measure platform. By using the Local Measure platform you accept these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Local Measure platform.

We may revise these terms and conditions from time to time by updating them on the Local Measure website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Local Measure platform. If you continue to use the Local Measure platform you will be deemed to have accepted the revised terms and conditions.

Definitions

In these terms and conditions:

“Confidential Information” means all information which is disclosed to one party (the “Recipient”) by or on behalf of the other party (the “Discloser”), or which is otherwise acquired directly or indirectly by the Recipient from the Discloser, pertaining to the Discloser’s business or affairs, and which is of a confidential or sensitive nature, which is marked or denoted as being confidential or which a reasonable person to whom that information is disclosed, or to whose knowledge that information otherwise comes, would consider confidential. For the avoidance of doubt, Local Measure’s Confidential Information includes information regarding the Local Measure platform’s functions, features, system designs, business model, screen layout, arrangement and other characteristics and any trade secrets and other intellectual property forming a part thereof;

“content” means material and information (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to or uploaded onto, or otherwise on, the Local Measure platform;

“Local Measure” means Local Measure International Pty Limited ACN 169 589 753 of 200 Crown St, Darlinghurst, New South Wales;

“Local Measure platform” means the location-based social media monitoring and customer experience management software system and platform currently provided via the www.getlocalmeasure.com website, including all software and other works of authorship, inventions, trade secrets and other intellectual property forming a part thereof, and all of the copyright, trade secret and other intellectual property rights with respect thereto; and

“we” or “us” means Local Measure.

Conditions of Acceptable Use

In using the Local Measure platform you must not: (a) violate any applicable laws or any third party rights; (b) impersonate any person; (c) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; (d) collect or store personal data about other users of the Local Measure platform; (e) engage in any other conduct that inhibits any other person from using or enjoying the Local Measure platform; (f) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Local Measure platform; or (g) attempt to reverse engineer, derive software code, or otherwise use the Local Measure platform to obtain information regarding its functions, features, system designs, business model, screen layout, arrangement or other characteristics or any trade secrets or other intellectual property forming a part thereof or embodied therein for use in or for the purpose of directly or indirectly developing or causing to be developed any system, platform, product or service that uses or includes the same or substantially the same functions, features, system designs, business model, screen layout, arrangement or other characteristics as those of the Local Measure platform, or that is otherwise competitive with the Local Measure platform.

Registration

To gain access to the Local Measure platform you will be required to register an account. Where you are required to register an account: (a) you must provide us with accurate, complete and current registration information; (b) you must safeguard any user name and password issued to you to access the Local Measure platform; (c) you authorize us to assume that any person using the Local Measure platform with your user name and/or password is either you or is authorized to act for you; (d) where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password; (e) you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware; and (f) we reserve the right to discontinue or cancel registration of your account in our sole and absolute discretion without notice to you if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.

Set up and Cancellation of Account

Local Measure is a paid service that works on a monthly fee structure.

If you choose to cancel your account or if we otherwise terminate your account, your authorization to access and use the Local Measure platform shall terminate immediately.   Your personal details will be deleted from our active database of registered users of the Local Measure platform, but may remain in our archives. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Warranty Disclaimer

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Commonwealth of Australia) or similar legislation of Australian states or territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Local Measure platform is provided “as is” without any representations or warranties, express or implied. To the full extent permissible under applicable law, Local Measure and its related entities exclude all conditions, representations and warranties that may be implied by law.

Local Measure makes no representations or warranties in relation to the Local Measure platform or the content, information and materials on the Local Measure platform. Local Measure does not warrant that the Local Measure platform will be constantly available or available at all. Local Measure does not warrant that the content on the Local Measure platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Local Measure platform at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Local Measure does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Local Measure platform or the server that operates the Local Measure platform is free of viruses or other harmful components.

Local Measure assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Local Measure platform, (iii) any unauthorized access to or use of Local Measure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the local measure platform, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Local Measure platform, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the Local Measure platform. Local Measure does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Local Measure platform, and local measure will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our sole option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair.

You acknowledge and agree that Local Measure, and its officers, employees and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use the Local Measure platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

Without limiting the above, you acknowledge and agree that in no event shall Local Measure, its officers, employees, or agents, be liable to you for any loss or damage whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Local Measure platform; (ii) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) interruption or cessation of service or transmission to or from the Local Measure platform, (iv) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the local measure platform, (v) errors or omissions in any content, (vi)_infringement of third party intellectual property or other rights based on use of the Local Measure platform of any component thereof or any content; or (vii) for any loss or damage of any kind incurred as a result of your use of any content transmitted, posted, emailed, or otherwise made available via the Local Measure platform, whether based on warranty, contract, tort, or any other legal theory.

Indemnity

You agree to defend, indemnify and hold harmless Local Measure, its officers, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising out of or in connection with your use of the Local Measure platform, any content you provide or your breach of any of these terms and conditions.

Links and Third Parties

The Local Measure platform may include advertisements, hyperlinks and pointers to web sites operated by third parties. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Local Measure platform (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.

This application uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on this application are the property of Foursquare Labs, Inc.

This product uses the Instagram API but is not endorsed or certified by Instagram.

This product uses the Facebook API but is not endorsed or certifies by Facebook.

Our Proprietary Rights and Intellectual Property

“Local Measure” is the registered trademark of Online Media Holdings Limited, which is one of our related entities. Other product and company names referred to on the Local Measure platform may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on us, our name or reputation or the Local Measure platform.

Copying of any social media content (including any social media platform design and brand insignia, extracts from social media posts and photos) displayed via Local Measure is strictly prohibited, and may infringe our copyrights and other intellectual property rights as well as those of third parties.

You acknowledge and agree that Local Measure owns all intellectual property rights with respect to the Local Measure platform, including but not limited to the software, design, artwork, functionality, and documentation, all copyrights, trade secrets and other intellectual property rights with respect thereto, and no right or interest is conveyed, granted or otherwise passed onto clients unless expressly stated in this agreement. You may not, in whole or in part, reproduce, copy, modify, reverse engineer, sell or otherwise exploit any part of the Local Measure platform or any data accessed via the Local Measure platform and you must not (nor permit a third party to) use the Local Measure platform to obtain information regarding its functions, features, system designs, business model, screen layout, arrangement or other characteristics or any trade secrets or other intellectual property forming a part thereof or embodied therein for use in or for the purpose of directly or indirectly developing or causing to be developed any system, platform, product or service that uses or includes the same or substantially the same functions, features, system designs, business model, screen layout, arrangement or other characteristics as those of the Local Measure platform, or that is otherwise competitive with the Local Measure platform, or otherwise infringe our intellectual property rights (including trade marks and copyright) or the intellectual property rights of any third party. You further agree that use of the Local Measure platform followed by development, marketing and/or other commercialization to other customers of any such system, platform, product or service within five (5) years after your last use of the Local Measure platform constitutes and shall be deemed to constitute use of the Local Measure platform in violation of this agreement.

You acknowledge that the Local Measure platform comprises information that has been created, developed and maintained by Local Measure at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Local Measure. You must not commit or permit any act or omission by your agents, employees or any third party that would impair Local Measure’s proprietary and intellectual property rights in the information.

Confidentiality

You agree to use Local Measure’s Confidential Information solely for the purpose of using the Local Measure platform and to keep Local Measure’s Confidential Information confidential.

Local Measure agrees to keep any of your Confidential Information that has been disclosed in writing and marked “confidential” by you to Local Measure confidential.

If you are, or Local Measure is, required by law, court order or the requirement of any regulatory body (including pursuant to the rules of any stock exchange) to disclose any Confidential Information belonging to Local Measure or you (as applicable), such disclosure may be made as long as the disclosure is limited to that portion of the Confidential Information which is required to be disclosed.

Privacy Policy

In using the Local Measure application, you may give us personal information in which you have certain rights. By using the Local Measure application, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that this forms part of these terms and conditions. Please click on this link to view our privacy policy.

General

(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. (b) These terms and conditions are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia. (c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Local Measure Platform and the Service. (d) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices. (e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.

Contact information

For any questions relating to our Terms of Service please email us at: support [at] getlocalmeasure.com