Terms of Services GO Company

TERMS AND CONDITIONS FOR THE USE OF www.gocompany.com.au

Posted Version 07/09/2013.

1.       INTRODUCTION

1.1        www.gocompany.com.au (“the Site”) is owned and operated by GO Company Pty.Ltd. A.B.N. 75 087 450 511, which is registered in Queensland (“the Company”).

In these Terms and Conditions (“Terms”), “us”, “we” and “our” refer to the Company and references to “you” or “your” is to you, the end user.

1.2        The Site is a website for registered users (“Members”) to obtain information and

purchase consumables related to remote controls and electronics (together, called the

“Goods or Services”). Until registered, you are a “User”.

1.3        All notices, enquiries, complaints can be communicated to the Company at sales@

gocompany.com.au

 

2          AGREEMENT

2.1        By using the Site you agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using this site and leave it immediately.

2.2        We may change, update or amend these Terms and Conditions at our absolute discretion without notice.

2.3        You acknowledge and agree to be bound by the Privacy Policy and any other terms

and conditions on the Site.

 

3           USE AND SERVICES

3.1        You are granted a non-exclusive, limited and revocable license to access the Site and use its functionality on the condition that:

1. You are over the age of 18;
2. You only use the Site for lawful purposes;
3. You do not engage in any improper, indecent or offensive behaviour while

using the Site;

d. You are not breaking any local, state or federal laws in your relevant jurisdiction

(or the State that the Company is registered in) by accessing this Site;

e. You will treat the Site and its users with respect and will not partake in

any conduct that could be considered bullying, harassment, degrading,

insulting or otherwise demeaning to the human standard of any other person

(as determined by us); and

f. You register as a Member to use the Goods and Services.

 

4         AVAILABILITY

4.1        By using this Site you agree that we accept no responsibility for this Site or any of

its Goods and Services being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any of its Goods and Services.

4.2        You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access this Site or parts of it.

4.3        We may change, update or otherwise amend the Site at our absolute discretion and

without notice.

 

5           CONTENT AND PUBLICATION

5.1        In respect of any content that you upload to the Site or submit to us, you warrant that it is:

1. to the best of your knowledge, accurate;
2. compliant and compy with these Terms and Conditions;
3. free of any computer virus or malicious code;
4. not false, defamatory, misleading or otherwise deceptive in any way; or
5. not uploaded in breach of the intellectual property rights of any third party.

5.2        You agree that you are liable for and indemnify us against any and all liability, loss,

costs and expenses arising from or incurred in connection with your breach of any

warranty in these Terms and Conditions.

5.3        We make no warranties as to the accuracy of any content posted by any user or member of this Site, and will accept no liability for errors or omissions in general.

5.4        We reserve the right, at our absolute discretion, to remove, amend, edit or in any other way change any post or upload by a user or member of the Site.

5.5        By posting or uploading material to the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post, other than personal or medical information, which is managed

in accordance with our Privacy Policy.

 

 6          REGISTRATION AND MEMBERSHIP

6.1        In order to use the Site’s Services, you must register to be a Member. Until registration, you are a User. To become a Member, you must be:

1. 18 years of age or older; or
2. the legal guardian of a minor under the age of 18; and
3. capable of forming binding contracts.

6.2        If you are under the age of 18 years, your parent or lawful guardian over the age of 18 may register on your behalf. Your parent or guardian will then be responsible for all of

your actions.

6.3        You agree to be a Member of the Site when you complete the membership registration process online or offline.

6.4        The information you provide to us during the membership registration process must

be accurate and complete in all respects.

6.5        You will only represent yourself and will not create false aliases or impersonate any

other person (with or without their consent) while using the Site.

6.6        You must retain access to your username and password to access the Site.

6.7        It is your responsibility to keep your username and password secure. You are solely

responsible for the use of your account, irrespective of who is using it, even if it is used

without your permission.

6.8        You agree to indemnity us against any and all liability, loss, costs and expenses arising from or incurred in connection with unauthorised access to your account.

 

7           INTELLECTUAL PROPERTY RIGHTS

7.1        All content on the Site is the copyright of the Company. Without the express written

permission of the Company, you shall not:

1. replicate all or part of the site in anyway; or
2. incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.

7.2        The Company has moral and registered rights in its trademarks and pictures and you shall not copy, alter, use or otherwise deal in the marks or pictures without the prior written consent of the Company.

7.3        You agree that by using the site you will not copy the Site or the Goods and Services that it provides for your own commercial purposes. You agree and warrant that you will not solicit the Users, Members and Providers of the Site to join another competing

site or in anyway to stop using the Site in preference of using another site offering

comparable services. You indemnify us for any loss or damage we suffer as a result of

your breach of this warranty.

7.4        The Company has moral and registered rights in its text and data content and you shall not copy, alter, use or otherwise deal in the text or data content without the prior written consent of the Company.

 

8           THIRD PARTY WEBSITES AND ADVERETISING

8.1        The Site may contain information and advertising from third-party businesses, people and websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.

8.2        We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or

in relation to your dealings with Third Parties), nor are we responsible for the accuracy

of any advertisements.

 

9           LIMITATION OF LIABILITY AND AMEMNITY

9.1        You agree that you use the Site at your own risk.

9.2        You acknowledge that we are not responsible for the conduct or activities of any User or Member of the Site.

9.3        You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of, or conduct in connection with,

the Site, including but not limited to any breach by you of the Terms and Conditions.

9.4        Under no circumstances will we 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 resulting

from your access to, or use of, or inability to use the Site 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 to

business or personal interruption of any type, whether in tort, contract or otherwise.

9.5        Certain rights and remedies may be available to you under the Competition and

Consumer Act 2010 (Cth), or similar legislation of other States or Territories, and may

not be permitted to be excluded, restricted or modified.

9.6        Apart from those that cannot be excluded, we exclude all conditions and warranties

that may be implied by law. To the extent permitted by law, our liability for breach of

any implied warranty or condition that cannot be excluded is restricted, at our option

to:

1. the re-supply of goods and services or payment of the cost of re-supply of goods and services; or
2. the replacement or repair of goods or payment of the cost of replacement or

repair.

9.7        You agree that any taxation related to any transactions made via the Site between

Users and/or Members is the sole responsibility of the parties to that transaction and

that the Company accepts no liability or responsibility for taxation matters in that

regard.

 

10         PRIVACY

10.1      You acknowledge and accept the terms and conditions of the Site’s Privacy Policy.

10.2      You agree that you will not do anything that shall compromise the Company’s

compliance with its Privacy Policy nor do anything contrary to the Privacy Policy

insofar as your use of the Site is concerned.

10.3      We may amend the Privacy Policy from time-to-time without notice.

 

11         TERMINATION

11.1      Either party may end the agreement arising from these terms and conditions

immediately for any reason by giving the other party written notice. Where this

agreement has been terminated you must immediately cease using the Site.

 

12         COMPLAINTS AND DISPUTES

12.1      We reserve the right to remove any content from the Site that you post which is

the subject of a complaint by another User or Member, regardless of whether that

complaint is justified or reasonable.

12.2      You agree to remove any contentious content immediately upon request by us.

12.3      If you have a complaint about content on the Site you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.

12.4      If you have a dispute with us or another User or Member in connection with the

Site, you must report the dispute to us so that we may investigate and assist in the

resolution of the dispute (where possible).

 

13         COLOURS AND PICTURES

13.1      The colours that you see depend on your computer display, so we cannot guarantee

that your monitor will display the colours accurately.

13.2      The pictures that you see depend on your computer display, so we cannot guarantee that your monitor will display the pictures accurately.

13.3      The pictures that you see on the Site may not be saved, copied or reproduced in any way.

 

14         ACCURACY OF PRODUCT INFORMATION

14.1      You agree and acknowledge that there may be technical or administrative errors in

the information on the Site, including but not limited to errors with respect to product

description, pricing and availability.

14.2      We reserve the right to correct any errors without any notice, including after you have submitted an order or made a payment.

14.3      If there is an error in any information that forms part of an offer from us to you, any

agreement arising from your acceptance of that offer will be void at our absolute

discretion.

 

15         AVAILABILITY

15.1      We reserve the right to limit quantities, including after you have submitted an order or made a payment.

15.2      Representations of goods for sale on the Site do not constitute an offer to sell but an invitation to treat. Such representations do not warrant that the product or service is

available.

 

16         TITLE OF GOODS

16.1      The goods are our absolute property as legal and equitable until you have paid the full price. Until we receive full payment you will hold the goods only as a bailee.

 

17         DELIVERY OF GOODS AND SERVICES

17.1      You agree to take on the risk for the goods and services, such as loss or damage, when the goods or services reach the delivery address.

17.2      After taking delivery of the goods or sevices, you agree to examine the goods and notify us if there is any defect in the goods or services within 5 days of the delivery date.

17.3      If we receive no notification from you the customer within 5 days of the delivery date, you agree that the goods or services will be taken as delivered without defect.

17.4      You agree not to hold us liable for any delays incurred by couriers, freight forwarders or third parties in the delivery or transportation of the goods and services you request.

17.5      You agree to pay all costs, fees and charges relating to the delivery, redelivery, return or transportation of the goods and services you request.

 

18         PRICES

18.1      Prices for goods and services are subject to changes without notification.

18:2      The listed prices on the Site are in Australian Dollars (AUD) and are payable in Australia Dollars only. The prices listed include Australia customs, duties and taxes.

 

19         CUSTOMS, DUTIES AND TAXES

19.1      If you order goods from within Australia, you agree to pay us the full price of the goods and services you have ordered. The listed prices on the Site are in Australian Dollars (AUD) and include customs, duties and taxes.

19.2      If you order goods from outside Australia, you agree to take responsibility for ensuring that the goods can be legally imported into the country of delivery.

19.3      If you order goods from outside Australia you agree to pay any customs, duties or taxes with respect to the goods and services that we send to the address outside of Australia. These costs will be in addition to the purchase price that we state on the Site.

 

20         PRODUCT LIABILITY

20.1      Under no circumstances will we 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 resulting

from your use of, or inability to use goods purchased from this Site, 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 to business

interruption of any type, whether in tort, contract or otherwise.

20.2      With respect to goods purchased from this Site, certain rights and remedies may

be available to you under the Trade Practices Act 1974 (Cth), or similar legislation of

other States or Territories, and may not be permitted to be excluded, restricted or

modified.

20.3      Apart from those that cannot be excluded, we exclude all conditions and warranties

that may be implied by law. To the extent permitted by law, our liability for breach

of any implied warranty or condition that cannot be excluded is restricted to the

purchase price of the relevant goods.

 

21         NOTICES

21.1      We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to notify us

of any updated contact details as they change.

21.2      Email notice from us to you is effective notice under these Terms and Conditions.

 

22         GENERAL

22.1      You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms and Conditions.

22.2      The relationship between us and you under any agreement arising from these

Terms and Conditions does not form a joint venture or partnership.

22.3      No relationship clause of this agreement will be deemed waived and no breach

excused unless such waiver or consent is provided in writing.

22.4      Any agreement arising under these Terms and Conditions will be governed by the laws of the state of Queensland, as set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there.

22.5      Any clause of these Terms and Conditions, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms and Conditions.

22.6      Any agreement arising from these Terms and Conditions is part of an ecommerce transaction and the parties agree that the agreement shall be accepted electronically and

the agreement formed and validly entered into electronically in accordance with the

Electronic Transactions Act 1999 (Cth).

22.7      The termination of any agreement arising from these Terms and Conditions does not affect the parties’ rights in respect of periods before the termination of this agreement.

 

23         PRIVACY POLICY

We want you to know we are serious about your privacy.

Our Privacy Policy is in line with the government’s Privacy Guidelines and Spam Act issued on 17th September 2001, and fully effective as of 11th April 2004 
(see http://www.privacy.gov.au/business/index.html).

However, important aspects of our policy are:

Personal details provided by you to www.gocompany.com.au through electronic responses from this site will not be forwarded, sold, or made available in any way to any third party.

However, www.gocompany.com.au may communicate with you again with other information that is complimentary to your original request.

Each of these communications will have clear \'opt-out\' instructions so you can choose not to receive further gocompany.com.au communication.

On the other hand, you may wish to receive other gocompany.com.au communication, you would always be asked before such information is forwarded.

How gocompany.com.au uses the information you provide…

gocompany.com.au may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection.

gocompany.com.au  generally uses personal information to:

Provide you with products or services you have requested

Personalise and customise your experiences on the www.gocompany.com.au website.

Help gocompany.com.au manage and enhance its services to you.

Communicate with you…

Provide you with ongoing information about opportunities on the gocompany.com.au website in which gocompany.com.au believes you may be interested; and

Provide you the opportunity from time to time to receive e-mails and \'e-newsletters\' from the gocompany.com.au Website.

24         REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorised or not authorised by you. You agree to immediately notify the site owner of any unauthorised use of your user account, user name or password.

25         YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, pictures or graphics, video or other materials (\"content\"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site owner will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a)        you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b)        you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c)        you will not collect or harvest any information about other users;
(d)        you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce; you will not use this web site to promote or operate any service or content without the site owners prior written consent;
(e)        you will not provide any content that may give rise to the site owner being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

26         APPLICABLE LAW

You agree that these Terms and Conditions and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with the laws of Queensland and the parties must submit to the jurisdiction of the Queensland Courts notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user or member account on this web site, or by using this web site and the products and services it provides, you accept that jurisdiction is granted to the Queensland courts having jurisdiction over the site owner\'s domicile, and that any disputes will be heard by the said courts.

27         RESERVATION OF RIGHTS

The site owner reserves all of the site owners rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site owner may have in respect of this web site, its content, and goods and services that may be provided. The use of the site owners rights. and property requires the site owner\'s prior written consent. By making products and services available to you, the site owner is not providing you with any implied or express licenses or rights, and you will have no rights to make any personal or commercial use of this web site or provided products and services without the site owners prior written consent.

28         NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights please email us at michael@gocompany.com.au

29         INDEMNIFICATION

You agree to indemnify and hold harmless the site owner and the site editor\'s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or products and services, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party