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Please read this agreement carefully. It governs your use of the
Goods Online web site and the services and goods provided through the
web site (collectively the "web site"). It exempts Goods Online
and other persons from liability or limits their liability and contains
other important provisions that you should read. Each time you use the
web site you acknowledge and signify that you have read, understood,
and agreed to be bound by this agreement. If you do not agree with each
provision of this agreement each time you use the web site, you may
not use the web site. Each time you use the web site, the text of this
agreement as it then reads will govern your use. Accordingly, when you
use the web site you should check the date of this agreement and review
any changes since the last version.
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| 1. YOUR ACCEPTANCE OF THIS AGREEMENT: |
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This is an agreement between you and
Goods Online and governs your use of the Goods Online Web site
and its content and the services and goods provided through the
Web site (collectively the "Web Site"). Each time you
use the Web Site you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent
(and for purposes of this Agreement, "person" includes
any type of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent
and warrant that you have the legal authority to agree to and accept
this Agreement on behalf of yourself and any person you purport
to represent. If you do not agree with each provision of this Agreement,
or you are not authorized to agree to and accept this Agreement,
or you do not have the legal authority to agree to and accept this
Agreement, you may not use the Web Site. |
| 2. CHANGES TO THIS AGREEMENT: |
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You may not change, supplement, or amend
this Agreement in any manner. Goods Online may, in its sole discretion,
change, and supplement or amend this Agreement as it relates to
your future use of the Web Site from time to time, for any reason,
and without any notice or liability to you or any other person,
by posting a revised Agreement on the Web Site. |
| 3. PERMITTED USERS AND ACCESS: |
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The Web Site may be used only by persons
who have reached the age of majority or legal age in their jurisdictions
and who can form legally binding contracts under applicable law.
The Web Site may not be used by persons in jurisdictions where access
to or use of the Web Site or any part of it may be illegal or prohibited.
It is solely your responsibility to determine whether your use of
the Web Site is lawful, and you must comply with all applicable
laws. |
| 4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS: |
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Goods Online endeavors to provide current
and accurate information on the Web Site. Nevertheless, misprints
or other errors may occur. Accordingly, Goods Online reserves the
right to change the prices, fees and charges regarding the goods
and services available through the Web Site at any time and from
time to time without any notice or liability to you or any other
person. Also, Goods Online cannot guarantee that goods or services
advertised on the Web Site will be available when ordered or thereafter.
Goods Online also reserves the right at any time to reject, correct,
cancel or terminate any order. If you order goods or services for
which the price was incorrectly displayed, Goods Online will provide
you with an opportunity to cancel your order. If you order goods
or services that are not available, Goods Online will notify you
by email. Goods Online reserves the right to limit quantities licensed
or sold. The advertisements on the Web Site are invitations for
purchase orders, and are not offers to sell. Your properly completed
and delivered order form constitutes your offer to purchase the
goods or services referenced in your order. Your order shall be
deemed to be accepted only if and when Goods Online sends an order
acceptance and shipping notice email to your email address. If you
wish to cancel an order, you may request a cancellation by sending
an email to Goods Online. However, Goods Online may not receive
and process your cancellation request before it accepts and processes
your order, in which case your cancellation request may not be effective. |
| 5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY: |
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Goods Online strives to make your use of the Web Site a useful
and enjoyable experience, and a safe and easy way to purchase goods
over the Internet. Nevertheless, Goods Online and its service providers
(the "Providers") do not accept any liability for your
use of the Web Site. For that reason, the following provisions apply
to your use of the Web Site: |
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5.1 DISCLAIMER |
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YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH
ARE HEREBY DISCLAIMED BY Goods Online AND THE PROVIDERS TO THE
FULLEST EXTENT PERMITTED BY LAW.
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YOU (AND NOT Goods Online OR THE PROVIDERS ) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER
OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO
YOUR USE OF THE WEB SITE.
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THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND GOODS ONLINE'S CONTROL. THE OPERATION OF THE WEB SITE MAY
NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY
RISKS CANNOT BE ELIMINATED.
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Goods Online IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF
USERS OF THE WEB SITE.
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THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY
TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH
TRANSACTIONS ARE AT YOUR OWN RISK. Goods Online IS NOT A PARTY
TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING
ALL SUCH TRANSACTIONS.
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Goods Online
AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION
THAT:
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THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE;
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THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION
OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
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THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE
ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
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CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE
WEB SITE;
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THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING
OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS
OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
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THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS ( INCLUDING
INTELLECTUAL PROPERTY RIGHTS ) OF ANY PERSON;
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AND Goods Online AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITYREGARDING
SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
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5.2 LIABILITY EXCLUSION |
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Goods Online AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF
PRODUCTION, LOSS OF INCOME OR PROFITS ( ANTICIPATED OR OTHERWISE
), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED
WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER
PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY Goods Online OR ANY PROVIDER OR ANY PERSON FOR WHOM Goods Online
OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT Goods Online
OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
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5.3 LIABILITY LIMITATION |
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IN NO EVENT WILL Goods Online OR ANY OF ITS PROVIDERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Goods Online OR ANY
PERSON FOR WHOM Goods Online IS RESPONSIBLE, EXCEED $25 (CDN) OR
THE AMOUNT YOU PAID TO Goods Online FOR THE USE OF THE WEB SITE,
WHICHEVER IS LESS.
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5.4 RELEASE |
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YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF Goods Online
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER
ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE
WEB SITE.
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5.5 INDEMNITY |
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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF Goods Online
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS ( COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM
AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED
BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND
ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB
SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE
AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE
DEFENSE OF ANY SUCH CLAIM OR DEMAND.
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ADVICE AND INFORMATION PROVIDED BY Goods Online OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY
OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE
OR INFORMATION.
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The exclusion of certain warranties and the limitation of certain
liabilities are prohibited by legislation in some jurisdictions.
Such legislative limitations may apply to you.
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The disclaimer, liability exclusion, liability limitation, release,
and indemnity provisions in this Agreement survive indefinitely
after the termination of this Agreement.
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| 6. TERMINATION OF THIS AGREEMENT AND THE WEB SITE: |
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If you breach any provision of this Agreement, you may no longer
use the Web Site. |
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Goods Online may, in its sole discretion, change, suspend or
terminate, temporarily or permanently, the Web Site or any part
of it or any of its features at any time, for any reason, without
any notice or liability to you or any other person. |
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Goods Online may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate
( in whole or in part ) your permission to use the Web Site, without
any notice or liability to you or any other person. |
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If this Agreement or your permission to use the Web Site is terminated
by you or Goods Online for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior
use of the Web Site and your purchases of goods and services through
the Web Site and anything connected with, relating to or arising
from those matters. |
| 7. INFORMATION SUBMISSIONS: |
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All information you provide through the Web Site, including registration
information (name and email address), payment information (credit
card numbers and expiration dates), and transaction-related information,
must be true, accurate, current and complete. You must also provide
Goods Online with updated registration information and payment
information within 30 days of any changes. |
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Goods Online will rely on the information you provide. You will
be solely responsible and liable for any and all loss, damage, and
additional costs that you, Goods Online or any other person may
incur as a result of your submission of any false, incorrect or
incomplete information or your failure to update your registration
information and payment information within 30 days of any change.
Goods Online may require a copy of a government-issued form of
identification before making any changes to your registration information. |
| 8. OWNERSHIP AND PERMITTED USE OF THE WEB SITE: |
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The Web Site and all information ( in text, graphical, video and
audio forms ), images, icons, software, design, applications and
other elements available on or through the Web Site are the property
of Goods Online, its Providers and others, and are protected by
AUSTRALIA and international copyright, trade-mark, and other laws.
Your use of the Web Site does not transfer to you any ownership
or other rights in the Web Site or its content. You may only use
the Web Site in the manner described specifically in this Agreement. |
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The Web Site may not be used for any purpose not expressly permitted
by this Agreement. In particular, except as expressly stated otherwise
in this Agreement, the Web Site may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed, catalogued,
or distributed in any way, in whole or in part, without the express
prior written consent of Goods Online. You may not use any of the
software that is used in the operation of the Web Site except while
you are use the Web Site. You may not reproduce, copy, duplicate,
sell, or resell any part of the Web Site (including the software
used in the operation of the Web Site) or access to the Web Site. |
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The Web Site is made available to you for your lawful use only.
You may not print or download the pages. |
| 9. PERSONAL INFORMATION PRIVACY: |
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Goods Online collects, uses, and discloses your personal information
in accordance with the Privacy Policy, which is available here.
Goods Online may change the Privacy Policy from time to time in
its sole discretion. By accepting this Agreement, and each time
you use the Web Site, you consent to Goods Online's collection,
use and disclosure of your personal information in accordance with
the Privacy Policy as it then exists without any further notice
or any liability to you or any other person. |
| 10. OTHER WEB SITES: |
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The Web Site includes advertisements for, and links to, other
Web sites or resources and businesses operated by other persons
("Other Sites"). Other Sites are independent from Goods Online,
and Goods Online has no responsibility or liability for or control
over Other Sites, their business, goods, services, or content. Links
to Other Sites are provided solely for your convenience. Goods Online
does not sponsor or endorse any Other Sites or their content or
the goods or services available through those other Web Sites. Your
use of Other Sites and your dealings with the owners or operators
of Other Sites is at your own risk, and you shall not make any claim
against Goods Online arising out of your use of any Other Sites
or your dealings with the owners or operators of any Other Sites.
As between you and Goods Online, the provisions of this Agreement
under the section headed Disclaimer, Liability Exclusion, Liability
Limitation, Release and Indemnity apply, with all necessary modifications,
to your access to and use of any Other Sites and their business,
goods, services, and content. |
| 11. LINKING TO THE WEB SITE: |
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Anyone may link to http://www.goodsonline.com.au/ at any time. |
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Goods Online reserves the right to cancel and revoke any permission
it may give to link to the Web Site at any time, for any reason,
without any notice, and without any liability to you or any other
person. |
| 12. TRANSACTION AGREEMENTS: |
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All transactions through the Web Site, including the purchase
and sale of Advertising and services and the licensing of software,
are governed by this Agreement and any applicable Transaction Agreement.
By participating in a transaction through the Web Site, you signify
your agreement and acceptance of the applicable Transaction Agreement. |
| 13. PROMOTIONS: |
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From time to time Goods Online may make promotions available
to users of the Web Site and others. All promotions are governed
by this Agreement and the applicable promotion rules. By participating
in a promotion through the Web Site, you signify your agreement
and acceptance of this Agreement and the applicable promotion rules. |
| 14. DISPUTE RESOLUTION: |
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Any dispute or difference arising in connection with this agreement
shall be submitted to arbitration in accordance with, and subject
to, the Rules for the Conduct of Commercial Arbitrations of the
Institute of Arbitrators, AUSTRALIA. During such arbitration, both
parties may be represented by a duly qualified legal practitioner. |
| 15. GENERAL: |
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This agreement shall be governed by the laws of the State of Victoria
and the parties hereby submit to the jurisdiction of the Courts
of that State for the resolution of any dispute under this agreement. |
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE!
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