Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you”, “user”) and the operator of the GoLocial website, applications and services (collectively, the “Platform”, “we”, “us” or “our”). They govern all access to and use of the Platform, including browsing, creating an account, posting listings, messaging other users, and any transactions facilitated through the Platform.

By accessing, registering for or using the Platform in any way, you confirm that you have read, understood and agree to these Terms and our Privacy Policy. If you do not agree, you must stop using the Platform immediately.

You must be at least 18 years old and legally able to form a binding contract to use the Platform. By using the Platform you represent and warrant that you meet these requirements, that all information you provide is true and accurate, and that your use of the Platform does not violate any law or regulation applicable to you.

GoLocial is an online venue that allows users to discover and communicate about local businesses, accommodation, events, marketplace items, food and other listings. We are not a party to any agreement, transaction, booking, rental, sale, service or arrangement between users or between users and third parties.

We do not own, sell, resell, furnish, provide, rent, manage, control, offer, deliver or supply any listings, goods, accommodation, food, services, experiences or opportunities advertised on the Platform. Any contract formed as a result of use of the Platform is directly and exclusively between the users or third parties involved.

We do not endorse or verify any user, listing, review, business, advertisement or third-party content, and make no representations about any of them. You deal with other users and third parties entirely at your own risk.

You use the Platform, and rely on any information obtained from it, entirely at your own risk and discretion. Information on the Platform is provided for general information purposes only. It is not professional, legal, financial, medical, safety, real-estate, migration, taxation, nutritional, or other specialist advice, and must not be relied on as such.

Before acting on anything you read, view or receive through the Platform — including before entering any premises, meeting any person, paying any money, consuming any food, attending any event, renting any property, hiring any service provider, purchasing any item, or making any decision — you should independently verify the information and, where appropriate, obtain advice from a qualified professional.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use. We are not liable for any loss or damage arising from your failure to keep your credentials secure.

If you post a listing, message, review, image, comment or any other content (collectively, “User Content”), you are solely responsible for it and for all consequences of posting it. You represent and warrant that:

• you own or have all necessary rights, licences, consents and permissions;
• the User Content is accurate, not misleading or deceptive, and complies with all applicable laws (including consumer, tenancy, food safety, advertising, privacy, intellectual property and anti-discrimination laws);
• the User Content does not infringe any third party’s rights and is not defamatory, obscene, threatening, harassing or otherwise unlawful;
• you have obtained consent from any identifiable individuals depicted or named.

You grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable, perpetual and irrevocable licence to host, store, reproduce, modify, adapt, publish, translate, distribute and display your User Content for the purposes of operating, promoting and improving the Platform.

We may, in our sole discretion and without notice, remove, edit, refuse or restrict any User Content or listing for any reason, including if we consider it may be unlawful, inappropriate or in breach of these Terms. We are under no obligation to monitor User Content and do not endorse it.

You must not use the Platform to:

• breach any law, regulation, code of practice, third-party rights or these Terms;
• post false, fraudulent, misleading, deceptive, discriminatory, defamatory, hateful or pornographic content;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• harass, bully, stalk, threaten, scam or endanger any other user or third party;
• circumvent the Platform to avoid fees, collect user data, send spam, or conduct market research without permission;
• introduce viruses, malware, scraping bots, or interfere with the security or operation of the Platform;
• post listings for prohibited goods or services, including anything illegal in the relevant jurisdiction.

Any interaction, arrangement, payment, booking or transaction between you and any other user or third party (including landlords, tenants, buyers, sellers, hosts, guests, service providers, event organisers and food vendors) is your sole responsibility. We are not a broker, agent, insurer, payment processor, escrow service, financial adviser, real-estate agent or party to any such arrangement.

You should take all appropriate precautions before transacting, including independently verifying identity, qualifications, licences, insurance, property condition, product quality, safety, allergens, pricing and legality. Meet in safe, public places. Never send money, deposits or personal documents without appropriate verification.

We are not responsible for any dispute, loss, injury, damage, theft, fraud, misrepresentation or non-performance arising from dealings between users or with third parties. Any such dispute must be resolved directly between the relevant parties.

The Platform may contain links to, or content from, third-party websites, applications, services or advertisers. We do not control, endorse or assume any responsibility for any third-party content, products or services. Accessing them is at your own risk and subject to their own terms and privacy policies.

The Platform, including its design, layout, code, text, graphics, logos, trademarks and all other content (excluding User Content) is owned by us or our licensors and protected by applicable laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended personal, non-commercial purpose. All other rights are reserved.

To the maximum extent permitted by law, the Platform and all content, listings, information, communications and services are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, express or implied.

We do not warrant that the Platform will be uninterrupted, secure, error-free, complete, current, accurate, free of viruses or malicious components, or that any listing, user, review or communication is genuine, lawful, safe, of merchantable quality or fit for any particular purpose. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage of trade, to the fullest extent permitted.

To the maximum extent permitted by law, in no event will we (including our officers, employees, contractors, agents and affiliates) be liable to you or any third party for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, or for any loss of profits, revenue, data, goodwill, opportunity, business or anticipated savings, arising out of or in connection with your use of — or inability to use — the Platform, any User Content, any listing, any transaction or dealings with any other user or third party, however caused and whether in contract, tort (including negligence), statute or otherwise, even if we have been advised of the possibility of such loss or damage.

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform is limited to the greater of (a) AUD $100; or (b) the total amount (if any) paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded or limited. Where our liability for a breach of a non-excludable consumer guarantee cannot be excluded but can be limited, our liability is limited, at our option, to resupply of the service or payment of the cost of resupplying it.

You release us, and our officers, employees, contractors, agents and affiliates, from all claims, demands, losses, damages, costs and expenses (including legal costs on a full-indemnity basis) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute, interaction or transaction you have with any other user, listing or third party encountered through the Platform.

You agree to indemnify, defend and hold harmless us and our officers, employees, contractors, agents and affiliates from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable legal costs on a full-indemnity basis) arising out of or in connection with: (a) your access to or use of the Platform; (b) your User Content or any listing you post; (c) your breach of these Terms or of any law; (d) your infringement of any third-party right; or (e) any dispute or transaction between you and any other user or third party.

We may suspend, restrict, modify, discontinue or terminate all or part of the Platform, or your access to it, at any time, for any reason, with or without notice and without liability to you. You may stop using the Platform and close your account at any time. Provisions that by their nature are intended to survive termination will do so, including sections on User Content licence, disclaimers, release, limitation of liability, indemnity and governing law.

We may amend these Terms from time to time by posting the updated Terms on the Platform and updating the “last updated” date. Your continued use of the Platform after the updated Terms are posted constitutes your acceptance of them. You are responsible for reviewing these Terms periodically. We may also add, modify, suspend or remove features of the Platform at any time without notice.

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia (and courts of appeal from them) in respect of any proceeding arising out of or in connection with these Terms or the Platform.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to the Platform and supersede any prior agreement. If any provision is found to be unenforceable, that provision will be severed and the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign or transfer your rights without our written consent. We may assign our rights without restriction.

Questions about these Terms can be sent through the contact options made available on the Platform. Notices to you may be provided by posting on the Platform or by email to the address associated with your account.