Service Terms

Local Network Vanuatu (Local) is a Vanuatu business entity.

In using any Local website or registering for any Local service you are joining the Local community as a community member.

In registering, you are confirming:

  • you are a minimum of 13 years of age; and
  • you are acknowledging that Local operates in compliance to laws in the Vanuatu jurisdiction; and
  • you understand and agree to the Service Terms and Privacy arrangements as outlined below.


Local Contact

Please note, you are able to unsubscribe from Local direct marketing contact at any time.

If you unsubscribe from Local weekly updates and marketing communications in future, if you have registered for any Local web service you will need to cancel your account if you also do not wish to receive Local portal communications related to services – please contact us to confirm account cancellation.

Purchase & Services Terms & Conditions

By making a purchase with Local you are entering into a contract between you and Local. This agreement sets out the conditions under which you order and purchase from Local. By using the services of any Local website you are also bound by this agreement.

Interpretation
In these conditions:

Agreement is an agreement between you and Local to supply goods or services, and consists of the order and these conditions;

Conditions are these conditions, and any published variations;

Goods are goods described in an order, and includes packaging;

Intellectual property rights includes all rights in respect of copyright, trademarks, patents, designs and protection of confidential information, whether arising under statute or otherwise;

Order is an order by you to purchase goods or services from Local, being enacted and commencing with your registration on any Local website;

Product offering is the list or promotion of goods or services displayed on any Local website, as amended from time to time;

Services are services described in an order.

The Agreement
An agreement exists between you and Local once:

  • you register on a Local website; and/or
  • Local accepts an order via a Local website or other means; and/or
  • Local receives the order and does not reject it within seven (7) days.

Each registration and/or order is a separate agreement.

Your contact & other details
You must complete relevant registration contact information and your billing details as part of registering on the Local website and/or placing an order with Local. You warrant that all information and data provided by you in these details is accurate, complete and up to date. You must promptly inform Local if there is a change to this information or data.

In providing your contact details you are opting into receipt of various communications from Local including updates and general marketing. This includes the express permission for Local to provide your general contact details to third parties for the purposes of direct marketing. You may opt-out of these communications at any stage.

All Local marketing communications include a ‘one click’ unsubscribe feature so that you may opt out at any time.

The ability to communicate on a regular basis with the Local community is of high importance and support to community members as services delivery occurs.

At any stage, any individual user raising external complaint or inappropriate claim regarding Local’s marketing or services delivery communications, without using unsubscribe features and discussing any concern with Local in the first instance will be deemed to be in breach of these Service Terms. Such external complaint or concern puts at risk the ability for Local to service all community members, and as such will be treated appropriately.

Orders and delivery of goods or services 
Anyone at the delivery address (physical or digital) who receives the goods or services shall be presumed by Local to be authorised to receive the goods or services. Local may request that the person who receives the goods or services at the delivery sign or confirm proof of receipt.

Risk in the goods and services
Risk in the goods or services passes to you upon delivery of the goods or services to the delivery address.

Price of goods and services and payment
The purchase price of the goods and services as shown on the product offering is the purchase price which is applicable at the time you view it. All prices are in Vanuatu vatu (VUV) and are inclusive of VAT where applicable.

Total price of goods or services
Goods or services in your order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation.

Invoice
Upon the placing of and payment for your order Local will provide you with an electronic Tax Invoice / Tax Receipt specifying the total price for the goods / services.

Intellectual property rights
You acknowledge that Local (or its resource partners) owns or is licensed to use all intellectual property rights in goods and services, including any images, photographs or text which appears on a Local website. You must not make any representation to the contrary and you must not use or copy Local in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights. You acknowledge that any trademarks or logos which appear on the Local website are owned by or licensed to Local and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

Liability
You acknowledge that Local websites, goods and services are provided “as is” and that Local is not making and has not made any warranty or representation as to their suitability for any particular purpose. In using the Local portal, you are not relying on any statement or representation made by Local which is not expressly contained in this agreement. Any liability of Local arising out of or in connection with a breach of an express or implied warranty or condition in respect of goods or services supplied to you through the use of the Local portal (other than a condition or warranty implied by legislation which does not permit Local’s liability to be limited as stated in this agreement) will, at the election of Local, be limited to:

  • the replacement of the goods or services or the supply of equivalent goods or services again; or
  • the refund of all monies paid by you.

The entire risk arising out of installation, downloading, use or performance of any goods or services remains with you. To the extent permitted by law, you release and discharge Local from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Local or this agreement, including loss or damage caused by the negligence of Local or its employees or its agents.

Notification of changes
Local may add to, delete, or otherwise change any of the terms of this agreement at any time by giving you notice. Your use of Local websites, goods and services after notice is provided will constitute your deemed acceptance of such changes.

Termination
Local may terminate or suspend this agreement at any time by delivering notice, effective the day notice is received, or such later date as specified in the notice.

Notices
Local may give notice to you by electronic mail, conventional mail or notice posting on relevant Local website(s).

Severability
Each provision of this agreement including these conditions is severable. Severance does not affect any other provision.

Laws
The laws of Vanuatu govern this Agreement. You and Local submit to the non-exclusive jurisdiction of the Courts of Vanuatu in respect of this Agreement.

Privacy Policy

Local understands that privacy and proper handling of personal information is important to you and our privacy policies are based on respect for standards of information privacy protection. This also applies to Local’s handling of personal information across all its offices, online and offline.

What personal information does Local collect?

The types of personal information that we collect will depend on the nature of your dealings with us. For example, we may collect personal information directly from you when you:

  • subscribe to a newsletter or register to receive information (e.g. through any Local website); or
  • buy any good or service on any Local website.

In each case, we only collect the personal information that we need to carry out our specific functions.

If you deal with us in the course of business, we will generally only collect your business contact details (so we can communicate with you for normal business purposes).

How does Local use personal information?

We need to collect personal information so that we can provide you with the publications or services you have requested, or so that we can carry out specific statutory functions (or both). The particular purpose for which we collect personal information will either be explained when we collect that information, or will be obvious from the context in which it is collected. We may only use personal information for the particular purpose we collected it for, or for other purposes that are directly related to that purpose.

If we want to use personal information for any other purpose we must obtain your consent. If we use your personal information to send you information by email (including e-newsletters), we will always give you an opportunity to “unsubscribe”, and we will respect your wishes.

Will your personal information be given to anyone else?

Local makes only limited disclosures of personal information. Examples of these disclosures are explained below.

Local does share personal information that it has collected with third party partners.

Disclosures may also be required by law will be where a request is made under the Right to Information Act. However, if access is sought to a record containing your personal information by a third person, RTI Act procedures that are designed to protect your privacy will apply.

Security of personal information

Local takes the security of your personal information seriously. Electronic records of personal information collected by Local are stored on servers owned by Local’s IT service providers outside of Vanuatu.

Our IT systems are protected by appropriate IT security measures.

We also require our staff to ensure that paper records containing personal information are stored securely. Local’s personnel are bound by confidentiality obligations as a condition of their employment, and this extends to ensuring that personal information collected by Local is kept confidential.

Access and correction

Under Vanuatu’s Right to Information Act, you have the right to seek access to the records of personal information that Local holds about you. You also have the right to ask us to alter your personal information to ensure it is accurate and up to date. If you wish to access the personal information that we hold about you, please set out your request in writing, and forward this to Local using the contact details set out at the end of this Privacy Policy.

Online privacy issues

If you use Local’s websites, you are understood to consent to the terms and conditions set out on our websites. This includes consenting to the terms of this privacy policy. In general, you can visit Local’s websites without telling us who you are or revealing any personal information about yourself.

However there are times when we may need to collect personal information from you. For instance, if you register to receive our publications or to attend an event, we will need to collect some personal information from you. At the time of collection, you consent to further electronic communications, and for your personal information to be stored in databases that are hosted outside of Vanuatu.

If at any time after submitting your personal information to us you would no longer like to receive information from us, simply follow the “unsubscribe” directions at the end of any email communications you receive, or contact us using the contact details below.

No attempt will be made by Local to identify website users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs. The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by Local.

In general on Local’s websites, IP addresses (the Internet address of a computer) are logged to track a user’s session while the user remains anonymous. We analyse this data for certain trends and statistics, such as which parts of our site users are visiting and how long they spend there. We do not link your IP addresses to anything that identifies you.

When we receive information about your session or about you, we may also use it for research or to improve our site and the services we offer you.

a) Cookies By using or accessing any of Local websites, you are consenting to Local’s use of Cookies. “Cookies” are small text files that may be placed on your hard drive by your browser for record-keeping purposes. A cookie helps us remember who you are. Cookies can make your subsequent visits to Local’s website(s) simpler and more seamless.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.) A server cannot find out a name or email address or anything personal about a user’s computer by using cookies.

Local uses cookies to analyse user activity in order to improve its website. Local also uses these cookies, including those from third party partners for marketing purposes. These cookies allow us to display our and the third party’s promotional material targeted to your region/state/country on our website and on other websites you subsequently visit where this is allowed. Cookies can easily be deleted from your browser’s cookie file if you wish.

b) Online security Local strives to ensure the security, integrity and privacy of personal information submitted to our sites, and periodically updates its security measures as required. You need to be aware of inherent risks associated with the transmission of information via the Internet. Local cannot guarantee or warrant the security of any personal information you submit to our sites.

Local sites may also be linked to websites operated by third parties. These links are meant for your convenience only.

Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. Visitors to those sites should refer to their separate privacy policies and practices.

Additional information

If you have any questions about this Privacy Policy, or if you wish to make a complaint about how Local has handled your personal information, please contact us using the contact details below:

By email: info@local.vu

By telephone: +678 530 8152

Local Network Vanuatu periodically reviews its Privacy Policy and reserves the right, at its discretion, to modify or remove portions of this policy at any time.

Further Service Terms – Usage

Local sites are cloud-hosted websites using various applications and technologies. In using any Local website you are bound by the Terms and Conditions outlined here.

Your details
In providing your contact details at registration you are opting into receipt of various communications from Local including updates and general marketing. You may opt-out of these communications at any stage. All Local marketing communications include a ‘one click’ unsubscribe feature.

Content
You should not upload any content that contains a virus or that is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, then we will ask you to remove it from our site. If you do not comply in a timely fashion, then we reserve the right to delete the content from your site and/or suspend your site.

Password
When you register for any Local site you may 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 user at any time or to disclose your password to any third party. You agree to notify Local 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.

Accounts many not be shared
We do not allow accounts to be shared by users. This is for a variety of reasons, including:

Security
It is hard for an organisation to secure an account if more than once user shares the same userid and password. And if an account is reported for inappropriate content, it would be very hard for us to take action against that account because it would no longer be associated with a particular user.

E-Commerce payments

All users engaged in use of ecommerce payments (Such as MVATU or Digicel Cash) are also bound by the Terms of Service as outlined by these services at time of use.

Service level
We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in multiple Google cloud zones.  We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.

Support
We provide technical support via our email system. We strive to respond to support requests within one hour during business hours (8am to 5pm Vanuatu Time), but we do not guarantee a particular response time.

Ratings & reviews
You as a user are aware that in providing ratings and/or reviews on any Local website that you are providing permission for the publishing of this information at Local’s discretion.

Bug fixes
If a critical bug is reported, our technology resources will fix the bug as soon as commercially possible. Our technology partners prioritise and fix non-critical bugs at their own discretion.

Backups
Our technology partners create automated on-site and off-site backups of our database. These backups are primarily for the purpose of restoring the production database in the event of a database corruption or other kind of disaster. We provide a trash can feature to allow our users to undo an accidental deletion. If data is deleted due to user error, our support service does not include restoring this data. If data is deleted due to a bug, then our technology partners will try to restore the data if it’s commercially feasible.

Security
We use industry best practices to protect the privacy and security of your data. If Local or our technology partners detect a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.

Intellectual property rights
Local acknowledges and accepts that it will not, as a result of website usage, acquire any intellectual property rights or any ownership interest in any resource or any resource content provided by users.

You as a user acknowledge and accept that you will not, as a result of website usage, acquire any intellectual property rights or any ownership interest in Local websites. Users agree not to use any of Local’s or our technology partner’s intellectual property rights (including without limitation, intellectual property rights in the solutions and functionality of any Local website or base technology solution) for any purpose other than as generally offered within website functionality.

Disclaimers

Local is not responsible for any incorrect or inaccurate content posted on websites or in connection with website features, whether caused by users of website features or by any of the equipment or programming associated with or utilised in website features. Profiles created and posted by registered users on any website may contain links to other web sites.

Local is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by Local. Inclusion of any linked web site on the Local features does not imply approval or endorsement of the linked web site by Local. When you access these third-party sites, you do so at your own risk.

Local takes no responsibility for third party advertisements which are posted on this site or through the site features, nor does it take any responsibility for the goods or services provided by its advertisers. Local is not responsible for the conduct, whether online or offline, of any user of the site features.

Local assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or user communication.

Local is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the portal features or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with website features.

Under no circumstances shall Local be responsible for any loss or damage, including personal injury or death, resulting from use of the portal features, attendance at a Local event, from any content posted on or through website features, or from the conduct of any users of the site features, whether online or offline. The site features are provided “as-is” and as available and Local expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

Local cannot guarantee and does not promise any specific results from use of the site features.

User warrants
You as a user represent and warrants to Local that:

  • you will not engage in any unwarranted SPAM or other large scale messaging (10+ users) via any Local website.
  • you are fully authorised to and have all rights and approvals required to publish, and to authorise Local to publish, all resource content you may upload on any Local website.
  • Neither any uploaded resources nor the publication of the resource content on the Local portal infringes, or will infringe, any intellectual property right, any right of confidence or other right of any person or entity.
  • no resource content uploaded is defamatory, discriminatory, obscene, false, misleading or deceptive.
  • all resource content uploaded complies with all applicable laws, regulations and relevant industry codes.
  • all resource content uploaded will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Local.
  • you will not at any stage raise an external complaint or inappropriate claim regarding Local’s marketing or services delivery communications without using available unsubscribe features and discussing any concern with Local in the first instance.

 

Service Suspension and/or Cessation

Local may suspend and/or cancel the access of any website user account, at any time, without refund of any fees paid, at Local’s discretion, in cases where any user is in breach of the site terms and conditions outlined.

Liability

In no event shall Local be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the portal, even if Local has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, Local liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Local for website features during the term of use.

Disputes

If there is any dispute about or involving website features, you agree that the dispute shall be governed by the laws of Vanuatu, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of Vanuatu. Either Local or you may demand that any dispute between Local and you about or involving the portal features must be settled by arbitration utilising the dispute resolution procedures of a Local appointed arbiter, provided that the foregoing shall not prevent Local from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold Local, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the site or through the site features causes Local to be liable to another.

Other

This agreement is accepted upon your use of any Local website or any website features and is further affirmed by you becoming a user. This agreement constitutes the entire agreement between you and Local regarding the use of the website features. The failure of Local to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

 

Website Development 

All clients hiring us (Local Network Vanuatu) to design, develop and deliver a webpage or website as outlined, for the fee of VUV as outlined, in our email correspondence. This amount is the total of the basic costs of the website development and ongoing web hosting and maintenance.

As our client, you agree to provide us with everything that we’ll need to complete the project – including text, images you might have, and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. 

The Local. team creates designs for the look-and-feel, layout and functionality of your project. Our development processes include one main design plus the opportunity for you to make up to two rounds of revisions.

We may have written some excellent content for our own purposes, but we’re not responsible for writing or inputting any text copy unless we specified it in the original project scope. 

The support provided by Local. is limited to issues directly resulting from the design and code of the project work underway. Situations arising outside of this such as delivery delays caused by third party service providers are not our responsibility.

Local. can’t guarantee that our work will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the use of, or inability to use this work or design and any other project, design or campaign.

 

Local Foto – Giveaway Rules

  • Local Foto’s giveaway competition is run by Local Network Vanuatu and is not sponsored, endorsed, or administered by, or associated with any other organisation.
  • The giveaway runs as per the information on Local Foto website and may stop at any time.
  • The giveaway is open to those living in Vanuatu only.
  • All entries must be received via submitting the form on the Local Foto website.
  • All photos entered must be free from watermarks or other added graphical markings.
  • Winners are chosen by the Local Network Vanuatu team and published on the Local Foto website and Local Foto Facebook page.
  • All decisions by the Local Network Vanuatu team are final.
  • All prize payments are made to winners via Digicel Cash or MVATU.

All individuals entering the giveaway must remember they need permission from an individual or property owner allowing the use of that person’s likeness or property (for example, a private home, a place of business) for commercial purposes. Many locations or businesses do not permit shooting for commercial reasons without consent.