Terms and Conditions

Castle Software Ltd is providing you with a business listing on the LocalBiz business directory web site.

1. This Agreement
This agreement applies to all LocalBiz customers. It comprises the following parts, which in the event of any inconsistency will apply in the following descending order of precedence :
· the completed online application form.
· these terms and conditions for LocalBiz customers.

2. Your Private Email Address
When creating a listing on LocalBiz, you are required to give us your private email address for future correspondence and as a unique identifier for you to log in to the LocalBiz site. Your private email address will never be given or sold by us to any third party as part of a mailing list database. In the event that Castle Software Ltd sells the LocalBiz site the database including your email address and details will be provided to the new owner as part of the sale.
You agree to inform us of any change to your email address.

3. Updates by Email
You agree that from time to time LocalBiz may send you email to your private email address with information relating to your business listing or promotional or free offers available at LocalBiz.

4. Acceptance Of Your Application
Applying for the Services does not guarantee that the Services will be provided to you. We will process your application and if it is accepted we will begin providing the Services. Castle Software Ltd reserves the right to decline your application without giving a reason.

5. What We Provide To You
We agree to provide a business listing on the LocalBiz business directory web site to you on the following basis :

We will make genuine and commercially reasonable efforts to make the LocalBiz web site available 24 hours a day and if the system malfunctions, to restore the Services as soon as reasonably possible. But if in spite of those efforts we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on Our Liability".

We do not own or control all the facilities and communications lines and therefore we cannot guarantee that the Services will be uninterrupted or error free.

6. Free Listings
Free Listings are available at no charge and are valid for 3 months from the date of creation. To remain active on LocalBiz, Free Listings must be renewed periodically at no charge.

7. Premium Listings
Premium Listings are paid listings that are active for the paid duration of the listing. Available durations and their associated costs are displayed on the LocalBiz web site and are subject to change from time to time. Payment is required in advance before the Premium Listing becomes active. As at 16 June 2008, paid premium listings are currently free.

We reserve the right to reject any Premium Listings deemed not to be in the best interests of LocalBiz or any other reason at any time.

The content of your Premium Listing(s) must at all times be acceptable and within the guidelines described in Your Use of our Services below. If your Premium Listing is deemed by LocalBiz to be unacceptable, it will be suspended temporarily while you correct the content. The paid duration of your Premium Listing will not be extended to allow for any time that the listing is suspended.

8. Support
We agree to provide free support by email for any problems with your LocalBiz listing that we have control over. Services that are beyond our control are not covered under the free support. The cost of toll calls or other charges incurred are not covered under the free support.

Our standard support hours are 9am to 5pm (NZST) Monday through Friday excluding public holidays. You must use the contact page on the LocalBiz web site to initiate support for a problem with your listing.

Any services or support that is not covered under free support will be charged at our standard charge out rates. Determination of whether support is free or chargeable is solely at our discretion.

9. Your Use of our Services
In using our Services you agree to the following :

· You will maintain the security of any user names and passwords which we may provide you.
· You must advise us as soon as you become aware of any misuses or breach of security in relation to the user names or passwords.
· You agree not to use the service to breach anyone else's rights.
· You agree not to use the Services for any unlawful or offensive act.
· You agree not to use the Services to publish any information which is unlawful or which a reasonable person would consider offensive.

You agree that by using the LocalBiz service to place a business listing on the LocalBiz business directory web site such information becomes available to all Internet users and that Castle Software has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of the LocalBiz service.

10. Indemnification
You agree to indemnify, defend, and hold harmless Castle Software Ltd from any and all liability, penalties, losses, damage, costs, expenses, legal fees, causes of action or claims caused by or resulting indirectly from your use of the Services which damages either you, Castle Software Ltd, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your listing.

11. Limits on Our Liability
By using our services you do so at your own risk. We will make genuine and commercially reasonable efforts to make the LocalBiz web site available 24 hours a day and if the system malfunctions, to restore the Services as soon as reasonably possible. But if in spite of those efforts we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We do not warrant that our Services will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service. We distribute our Services on an "as is" and "as available" basis without warranties of any kind either express or implied.

In particular, we are not liable to you - whether in contract or tort or under any legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.

Except as expressly stated this agreement does not confer any rights on third parties and to the extent allowable at law we will not under this agreement be liable in any way to any third parties.

12. Alteration of Terms
We may change or remove any of these terms and conditions at any time including alterations to our pricing structure.

We will inform you by email or by posting a message in the appropriate location on the system which includes but is not limited to posting a message on the world wide web on our home page or any other appropriate means including message of the day (MOTD)
Once we have posted the email or other message you are deemed to have received it and are deemed to have accepted the change.

13. Termination
You agree to give us not less than 30 days written notice that any or all listings you have on LocalBiz are no longer required.

We can terminate any of the Services that you have subscribed for without notice or liability to you if you breach these terms and conditions. Castle Software reserves the right to refuse or discontinue Services to anyone at Castle Software's sole discretion. Castle Software shall have no responsibility to notify any third party providers of services, merchandise or information nor any responsibility for any consequences resulting from such discontinuation or lack of notification.

In the event of termination, you will be eligible for a refund of that part of your prepaid fee covering the duration remaining for your listing less an administration fee to cover the deletion of your listing, update of the LocalBiz site and processing the refund. The administration fee will be charged for the time taken to complete the task at the current hourly rate charged by Castle Software. The administration fee will be deducted from the refund amount due to you.

14. Transfer of Rights
We may transfer our rights and obligations under this agreement. If we do this then we will give you notice. You may not transfer any of your rights and obligations under this agreement.

15. Severability
If any provision of this agreement is determined to be invalid or unenforceable all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent to make it enforceable.

16. Applicable Law and Jurisdiction
These terms and conditions shall be construed in accordance with and governed by the law of New Zealand and the parties agree to the jurisdiction of the New Zealand Courts.

17. Definitions
"LocalBiz" means the LocalBiz business directory web site owned and run by Castle Software Ltd.

"Services" means any services offered by Castle Software Ltd, including LocalBiz business listings, that are selected by you from time to time.

"us", "we" and "our" means Castle Software Ltd

"you" means the person(s) named on the completed application form.

If you have any questions about these terms and conditions, the practices of this site, or your dealings with this Web site, you can contact support@LocalBiz.co.nz.