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General Terms and Conditions


GoGlobal Group Pty Ltd (“GoGlobal”) grants to you (“the Client”) a non-exclusive, non transferable licence to use the GoGlobal website platform (“System”, “Service”), subject to your agreeing to the following terms and conditions.

Proper and Reasonable Use
The Client certifies that he/she is at least 18 years of age and is exclusively responsible for ensuring no inappropriate access by minors and acknowledges that GoGlobal cannot protect visitors from, any inappropriate material transmitted over the internet, including email, website content or electronic messages and materials.

The Client must not interfere with, resell or distribute the System or download any of it components (other than whilst normal internet content browsing)

The Client agrees to use the service in a responsible manner and will not to transmit, reference or otherwise publish any material either directly or indirectly via the System (including but not limited to such things as pornography, incitement of racial hatred, the acquisition of prohibited items, excess violence or gore etc, defamation or fraud, “spam”, internet attack or intrusion) in such a way as to lead to an abusive, offensive, unethical, illegal or unauthorised use of the GoGlobal’s System.

GoGlobal reserves the right to institute charges or limiting mechanisms in cases where we deem either download traffic, or content or email size to be unreasonably high.

Authorisation to Access & Monitor
The Client hereby authorises and grants GoGlobal permission to access the Client’s web site content, and to monitor visitor usage to the site, as set out in the privacy policy (to be found at www.goglobal.com.au).

The Client acknowledges that all content placed upon the System, including for website’s under evaluation, is accessible by any person from the public internet, unless otherwise expressly protected.

Service Availability
GoGlobal reserves the right to disconnect the Client or other visitors from their current session if not actively using the service, or is using the System in a manner which contravenes the terms of this agreement. 

GoGlobal but will take all reasonable measures to maintain availability of the service and minimize disturbance to service. But GoGlobal does not guarantee that the service will be continuously available. The service will be unavailable from time to time as required for repairs and upgrades.

Content Creation & Ownership
Where the Client independently edits, creates or updates new and original content for their web pages, then GoGlobal claims no ownership or copyright in that content.

Where GoGlobal is requested to create content specifically for the customer, then Copyright to content text and custom graphics shall be only be vested with the Client subject to prior written agreement by GoGlobal and upon payment of any related fees charged.

The System and its source code, all System components, any page content or site-specific source code created by GoGlobal and all design template files used for the creation of a site remain the intellectual property of GoGlobal.

The Client represents to GoGlobal and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork uploaded to the GoGlobal System, or otherwise provided to GoGlobal for are owned by the Client.

Where GoGlobal are required to make corrections/repairs to content modified by or for the Client, then this work will be charged at our usual hourly rate.

Billing
GoGlobal will charge the Client fees for the Service as laid out in the quotation or proposal accepted by the client. On going fees may be charged in advance. Failure by the Client to pay the fees when due may result in suspension or termination of the service.

Backup
The client is responsible for ensuring that they have a separate copy of all of their site-specific website content and email material, in such a form that it can be used to restore the site content in the event of loss from or other failure of the System.

Browser Compatibility
Visitors to the Client’s website on the GoGlobal System should be able to browse using recent browsers from Netscape, Mozilla and Microsoft. The Client acknowledges that some advanced techniques on the internet, however, may require a more recent browser version and brand or plug-in. The Client is also aware that as new browser versions are developed, they may not be backward compatible.

Support
GoGlobal provides telephone and online support to registered account holders during normal business hours. Any support advice may be supplied in good faith, but GoGlobal will not be responsible for claims of loss or damage. Support is not provided to anyone who is not a staff member of the Client, nor to Customers of the Client.

Suspension, Termination & Variation
The client may terminate the service at any time upon 14 days notice.

GoGlobal may suspend or terminate this agreement by notice to the Client:

  • For any breach of any Terms of this agreement which is not rectified within 14 days, and including non payment of any charges by the due date.
     
  • Where the Client is subject to any proceedings relating to insolvency, or is convicted of any offence involving fraud or dishonesty;

On termination, if all outstanding fees and charges are fully paid, the Client may request to be supplied with site specific content pages, but will not be supplied with a functioning, navigable site.

No refund will be given for any pre-paid portion of the service period current at the receipt of termination notice. If any minimum service period is in progress then a break fee will be payable.

GoGlobal may vary conditions or service fees from time to time, or discontinue any part of the service, providing at least 14 days notice to the Client.

Non-Disclosure
Each party agrees that it will not deliberately disclose, and will take reasonable measures to prevent accidental disclosure of, any confidential information relating to the other party, or client information related therein to the other party, except where compelled to do so by law.

The Client should take care that all passwords are kept secure so that others cannot use the account(s).

Warranty & Limited Liability.
All statutory or implied conditions and warranties are excluded to the extent permitted by law, and any remedy is limited to re-supply of services, or where that is not possible, to pro rata refund of related portion of the fees paid for the service. Under no circumstances will GoGlobal be liable to the Client, or any other party, for any damage, injury, theft or loss whatsoever whether direct or indirect, economic or consequential however caused (whether arising from negligence or otherwise, failure of the Service, or non-compliance by GoGlobal of this agreement).

GoGlobal makes no warranty about the capabilities of the System, or that it will be free from defects, or that it will be continuously available. The Client acknowledges that it has not relied upon any representations outside of this document in choosing to acquire the service, but has made that decision solely upon its own assessment and verification of the System’s suitability.

Indemnification
The Client agrees that it shall indemnify, keep GoGlobal indemnified (and its subcontractors and agents), from any and all demands, liabilities, damages, losses, claims and expenses (including legal expenses) of any nature associated with the Client’s use of the GoGlobal’s System or service. This includes liabilities that may arise or result from:

  • Infringement of the proprietary rights, intellectual property or copyright, of any party caused by the transmission, use, or publication of any content, material, text, graphics, other information or software components by the Client or it’s related parties.

  • Unsatisfactory delivery, performance of any products or services, or injury or detriment to any person, organisation or property caused by any products or services sold, transmitted, promoted, distributed or published over the Client’s web site or provided by he client or related parties.

These provisions of indemnity herein survive the termination of this agreement.

Assignment
GoGlobal may assign or sub-contract its interest in and obligations under this agreement upon written notice to the Client. The Client may not sub-let, re-sell, assign, charge for or otherwise deal with or part with possession of its rights under this agreement.

Miscellaneous
Notices may be issued by email (valid if not returned), fax or written letter separately or together with other information such as billing notices.


GoGlobal Group Pty Ltd
ABN: 97 106 936 449

PO Box 549, Applecross
Western Australia, 6153

Phone: +618 9336 4342
Fax: +618 6210 1179 
Email: Contact Us
 
 

 
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