In the Cove

Who Are We?

www.inthecove.com.au (Site) is owned by Consult & Comply Pty Ltd trading as In the Cove (ITC, we, our, us).

ITC has established this Site as a vehicle for the public (Users) to access listings of businesses, provide reviews on local businesses in the Lane Cove Council Region and neighbouring suburbs (Local Business) and to engage with other Users and to source information about Lane Cove New South Wales.

Terms of use

These terms of use, the privacy statement and editorial policy (known collectively as Terms of Use) govern access to, use of and submission of content to the Site, www.facebook.com/inthecove and all other social media sites and ITC publications by Users and Local Businesses (known collectively as you, your).

Policy acknowledgement

Our Privacy Policy can be found at here and our Editorial Policy can be found below. By using our Site this indicates to us that you have read, understood and agree to those policies, which form part of our Terms of Use.

Editorial Policy

In the Cove aims to provide relevant and useful information about Lane Cove for Lane Cove residents.

It meets that aim in two ways:

• By creating content of its own
• By providing a forum for the exchange of information and views from contributors

In the Cove delivers this content via a website and via Facebook, Twitter, Instagram, Pinterest, LinkedIn, YouTube and a weekly emailed newsletter.

In delivering this content, In the Cove adheres to the following editorial policy.

1. Independence

In the Cove is a private company, and from time to time accepts funding in the form of memberships, sponsorship and other contributions. It also earns income from advertising.

In the Cove does not seek or accept any form of government funding.

At all times, editorial content produced by In the Cove is independent, and is not influenced by any financial contributions or other considerations from outside entities.

Whenever In the Cove publishes advertising or other sponsored content, that content will be clearly labelled to distinguish it from In the Cove’s own independent editorial content.

2. Accuracy

In the Cove aims to ensure that all editorial content is accurate and is presented in context.

3. Fairness

In the Cove is committed to the following hallmarks of fairness:

• Providing a reasonable opportunity to respond where allegations or criticisms are made
• Attributing information to its source wherever possible
• Not plagiarising or misrepresenting the work of others
• Informing those we approach or contact that we are representing In the Cove

4. Diversity

In the Cove aims to be relevant to all the residents of Lane Cove, and seeks the widest possible diversity of voices, views and issues.

5. Harm and Offence

While some content delivered on In the Cove platforms may offend, disturb or annoy, In the Cove aims to avoid unnecessary, excessive or gratuitous harm and offence to the extent compatible with its mission.

6. Privacy

In the Cove has a privacy policy relating to the protection and management of any personally identifiable information shared via its platforms.

In the Cove is also committed to ensuring that any content which intrudes into the private lives of individuals is appropriate and proportionate when balanced with the public interest in the disclosure of information and freedom of expression.

7. Commenters

All those submitting comments or other material to In the Cove for publication are asked to ensure they have the appropriate rights to share any content, including images, videos and other content, to comply with In the Cove’s editorial requirement for accuracy, and to ensure that the authorship of any content is appropriately attributed.

8. Moderation of comments

In the Cove encourages and appreciates contributions and comments on our stories. However, those comments should contribute to a neighbourly conversation, and in general they should not be abusive, contain personal attacks, be inflammatory, racist or be overly profane. In the Cove reserve the right to make the decisions about which comments violate these ground rules, and will moderate the comments at our discretion on any and all platforms.

9. Advertising

In the Cove accepts advertising in a number of forms, including through paid business listings and display advertisements.

Although initial business listings in In the Cove guides are paid for, the ratings and reviews are genuine and are independently submitted by users. In the Cove will not edit, remove or create reviews or listings to advantage or disadvantage businesses that advertise with In the Cove.

All advertising or sponsored content will be clearly labelled to distinguish it from In the Cove editorial content.

In the Cove does not accept political advertising, advertising from developers or advertising in relation to illegal products or services.

10. Accountability and Corrections

In the Cove makes all reasonable efforts to abide by these editorial standards, and invites any community members who feel we have breached these standards to contact us with their complaints. Complaints can be made via email to [email protected] or in writing to PO Box 1064 Lane Cove NSW 2066.

Any material breaches of these standards will be acknowledge and, where possible, corrected.

Facebook Moderation Policy

In the Cove encourages and appreciates comments from our Users on our stories. However, those comments must contribute to a neighbourly conversation, and in general they cannot be abusive, contain personal attacks, be inflammatory, racist or be overly profane. ITC reserve the right to make the decisions about which comments violate these ground rules, and will moderate the comments at our discretion.

Changes to Terms of Use

We may change our Terms of Use at any time by publishing those changes on the Site. Your continued use of the Site after any changes to our Terms of Use have been made and published indicates your acceptance of those changes.

Your access/use implies agreement

By accessing or using the Site, or other services we offer you from time to time, you accept the Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Site.

Local Business information

We publish information and data about Local Businesses in our (Business Directory) on the Site.

We make no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on our Site (Our Content), including the competence, character or identity of any Local Businesses listed on the Site.

Passwords

You must keep your username and/or password for the Site confidential and free from unauthorised use.

Access to our website

You are allowed to view, use, copy, and distribute materials found on the Site for internal, non-commercial and informational purposes only. However, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Site. You may not use the site to compile a collection of listings, including but not limited to a competing listing product or service. If you would like to reproduce any information on this site please contact us

Submission of Content

You acknowledge that all content (including text, images and any other data) submitted to or through us (whether this be via email, comment form, blog, enquiry, posting of review or recommendation, on our Facebook page or Instagram page or by any other means) and includes information on our job board, lost and found, buy and sell, free stuff and other pages on our website (Your Content) will not be considered confidential or proprietary and we are under no obligation to keep such information confidential.

By submitting Your Content through the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium and for any purpose, including commercial purposes, and to authorise others to do so.

You must not submit information that:

• you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• publicly reveals sensitive or confidential personal information about yourself or others such as an email address, phone number or address; and
• would infringe the intellectual property rights of third parties.

Recommendation and Review Policy

Your Content may be seen and used by other Users and Local Businesses. We are not responsible for misuse or misappropriation of any of Your Content.

You must not submit content or use the Site in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by our Terms of Use.

We do not endorse, support, sanction, encourage, verify or agree with Your Content including without limitation the comments, opinions, or statements posted or otherwise contained on the Site.

All ratings and recommendations are reviewed before publication to the Site and we reserve the right but have no obligation to, amend, supplement, delete or update Our Content and Your Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false or offensive material in Your Content, we will remove such material.

Our decision in relation to edit, delete or remove content is final and no correspondence will be entered into.

By submitting a rating and recommendation you acknowledge and agree that the recommendation and rating (Recommendation and Review) is in place for Users to inform other Users about the experiences Users have had with a Local Business.

By submitting a Recommendation and Review, Users acknowledge and agree to the following:

• that the recommendation and rating is true and accurate to the best of the User’s honest knowledge and belief;
• that the User has been a customer of the Local Business for which the User is submitting the recommendation and rating the User has no connection (other than a customer-business relationship) to the owner or any employee of the Local Business or any trade competitor of that business;
• the User may submit as many the recommendation and rating as the User wishes, but the User may only submit one recommendation for each Local Business during a 12 month period;
• that the User is legally responsible for everything the User submits and indemnifies us against any claim in law, equity or otherwise which may arise from the posting of the User’s the recommendation and rating on the Site; and
• that the User must not identify the name of any employee or agent of the Local Business.

Subscription to our Newsletter

If you have subscribed to our newsletter and want to unsubscribe, either fill out the contact form on on our Contact page or Email us.

Outbound links

The Site may contain links to third party websites which in turn may contain hyperlinks to further third party sites (known collectively as Linked Sites). These are provided for your convenience only and you are responsible for evaluating whether you want to use a Linked Site.

We do not control, we are not responsible for and we do not endorse any features, content, advertising, products or other materials on or available from a Linked Site.

You acknowledge that we may receive payments and/or commissions from operators of Linked Sites as a result of your click-throughs to the Linked Site from our Site.

Business Directory

If you are a Local Business, you acknowledge by submitting a business listing to the Site (Listing) that:

• you are a director of the company, the business owner, or have authority to speak directly on behalf of the company director or business owner;
• all information you submit is correct, accurate to the best of your knowledge and that you agree to its publication without conditions;
• you will be held responsible for the accuracy of all data that you submit;
• you are the rightful and legal owner of any trade mark, logo or other insignia that you provide for publishing on the Site;
• you are legally responsible for everything the you submit and indemnify us against any claim in law, equity or otherwise which may arise from you posting any content on to the Site;
• A local business may request removal of the Listing at any time – you acknowledge that there will not be a pro rata refund of the fee paid for the listing;
• ITC may remove your Listing if you close your business, your business is being investigated by an official authority or government body or in ITC’s unfettered discretion your business is not providing the service level required to be listed in our business directory – you acknowledge that there will not be a pro rata refund of the fee paid for the listing

Job Listing, Buy and Sell, Free Stuff

These listing are free and provided as a community service.

By submitting a listing, Users acknowledge and agree to the following:

• that the information in the listing is true and accurate to the best of the User’s honest knowledge and belief;
• that the User is legally responsible for everything the User submits and indemnifies us against any claim in law, equity or otherwise which may arise from the posting of the User’s listing on the Site; and

Disputes

You acknowledge that the Site is a venue only and we are not a party to, and do not participate in any transaction between you and any Local Business or other User. So if a dispute arises please seek professional advice rather than contacting us.

Ownership of intellectual property

You acknowledge that all materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the Site (Intellectual Property Rights) are our property or the property of their respective owners and are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Site.

Except as expressly permitted by the Terms of Use and to the extent the law otherwise permits, you may not in any form or by any means use, adapt, reproduce, copy, modify, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or commercialise any of our Intellectual Property Rights obtained from any part of this Site. We monitor and take active steps to identify any potentially infringing use of our data through methodologies such as the inclusion of false listings in our datasets.

You may not contact any business listed on this Site, using the contact details they have published on this Site, to approach them in regards to offering online advertising packages.

Liability and Indemnification

To the extent the law permits, neither we, nor our directors, officers, agents, employees or contactors will be liable for any loss or damage, however, arising (whether in negligence or otherwise), in connection with your use of the Site, any Linked Site or Our Content or any omissions from Our Content.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal costs) related to all third party claims, charges, liabilities and investigations caused by:

• your failure to comply with the Terms of Use, including, without limitation, your submission of content to us that violates third party rights, including the intellectual property rights or applicable laws; and
• any activity in which you engage yourself, or through us.

Disclaimer

To the extent permitted by law, the Site is provided to you ‘as is’ without warranty, either express or implied, statutory or otherwise, including but not limited to the implied warranties of truth, accuracy, reliability, title, merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose, or any other warranty, condition, guarantee or representation (whether oral or in writing), including but not limited to the accuracy or completeness of any information contained therein or provided by Us.

If any statute implies warranties into these Terms of Use that cannot be excluded, nothing in these Terms of Use operates to exclude them.

You acknowledge that your use of the Site, your Content, Our Content, Listings and Linked Sites is entirely at your own risk.

We do not accept responsibility for any interference or damage to your computer system or data which arises in connection with your use of the Site.

Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.

Termination

We may terminate your access to this Site at any time without reason and without notice. The Terms of Use survive any such termination.

Jurisdiction

The Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales.

Definitions

Terms that are in (bold and brackets) are defined terms.