1. This disclaimer (“Disclaimer”) together with our Website Terms and Conditions ("Terms") available at www.gotoguy.com.au/terms_and_conditions.htm govern your use of our website located at www.gotoguy.com.au ("Site") and forms a binding, enforceable contractual agreement between you, the user of the Site and us, Go to Guy Network Pty Ltd (“we” or “us”).
2. For that reason this Disclaimer and the Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on 1800 424 424.
3. By using the Site you warrant and represent that you have the legal capacity to enter into a contractual agreement with us consisting of these Terms and the Disclaimer, and you further acknowledge and agree that you have had sufficient chance to read and understand the Terms and the Disclaimer and you agree to be bound by them. If you do not agree to the Terms or the Disclaimer, you must not use the Site. We may amend the Terms or the Disclaimer at any time. It is your responsibility to check this web page and the Terms prior to each use by you of the Site to ensure you are familiar with and accept the most recent version of this Disclaimer and the Terms. Each time you use or access the Site you will be deemed to have accepted the most recent version of these Terms and the Disclaimer. If you do not accept these Terms and the Disclaimer you must immediately cease all use of the Site and no longer access the Site. You can only use the Site if you accept the Terms and the Disclaimer wholly and unconditionally.
4. In consideration for you agreeing to the Terms and the Disclaimer, we agree to permit you to access the Site.
5. The Disclaimer is as follows:
GO TO GUY DOES NOT PROVIDE EXPERT OPINIONS, ENDORSE OR RECOMMEND THE ENTERING INTO OF ANY TRANSACTION
6. GoToGuy provides a limited service to you, the user of the Site, to permit you to arrange for GoToGuy or its contractors to attend at the premises upon which goods and items you are considering purchasing, or facilities and persons you wish to obtain reports on, are located, and to report to you on the specific information requested by you in your application for a report (“Report”). We will only report to you on the following matters:
- in respect of goods advertised on Grays Online, Carsales.com.au, eBay.com.au [See Note 1] and other similar websites;
- by providing reports including photographs of items, objects and persons viewed on site;
- facilitation of preparatory freight services, including packaging and item strip-down, preparation, pre-positioning and/or removal for freight;
- the provision of general information in respect of a particular locality (eg. information on hotels, houses, facilities, businesses, locations);
- the provision of general information about goods and services available at a particular location;
7. You agree and acknowledge that the Report may be provided by us or our subcontractors and:
- will only provide you with basic information about the goods, items, facilities and persons selected by you when completing an application for a report on our Site and no further details;
- will not be prepared by an expert and will merely constitute an ordinary person’s observations of the goods, items, facilities and persons at the time of the observation only and that, there is a possibility that the details set out in the Report may change between the time of the observation of the goods, items, facilities and persons by us and the time of receipt of the goods or items by you, or attendance at the facilities or meeting with the persons should you decide to do so.
- will include photographs taken of the goods, items or facilities (if selected by you in your application for a report) but will not include professional photography;
- will include video taken of the goods, items or facilities (if selected by you in your application for a report) but will not include professional videography;
- will not provide an expert report or opinion on the suitability of the goods for your specific requirements or otherwise;
- will not constitute an endorsement of the goods or items or a recommendation that you should purchase the goods or items;
- will not constitute an endorsement of the facilities or persons the subject of the report or a recommendation in relation to any of them;
- will not set out the results of rigorous testing or any test results; and
- will not constitute or be considered to provide you with the results of an inspection.
NOT THE EQUIVALENT OF A THOROUGH INSPECTION
8. Our viewing of goods, items, facilities and persons and reporting on them to you is not the same as a pre-purchase inspection or any other inspection. We will only spend up to 15 minutes viewing the goods, items, facilities and persons and we will not inspect, assess, analyse, take apart, or test the full functionality of the good, items or facilities, nor will carry out any inspection, analysis or comprehensive review of any persons for whom you wish us to report on. Accordingly, we will not be able to report to you with full details and all relevant information in relation to anything the subject of a report conducted by us.
NO GUARANTEE OF TITLE OR OTHER DETAILS
9. We will not report on whether or not the seller or other person who we observed the goods, items or facilities to be in the possession or control of at the time we view the goods, items or facilities has clear title in relation to any of them or that any of them are unencumbered.
NO GUARANTEE OF AUTHENTICITY
10. We do not test any goods, items or facilities nor report on whether or not the goods, items or facilities are authentic.
NO GUARANTEE OF WORKING CONDITION OR CONFIGURATION
11. We do not guarantee that the goods, items or facilities may be in any specific configuration, state of repair or working condition and you agree and acknowledge that the goods, items and facilities may be damaged in transit or otherwise damaged prior to delivery to you, should you purchase any goods, items or facilities the subject of a Report.
12. For example, if we are reporting on goods, we will view the goods for up to 15 minutes but will not check the full functionality of the goods.
NO GUARANTEES ABOUT PERSONS REPORTED ON
13. We are not private investigators. Some of our services enable you to obtain reports from us in relation to generally apparent information about persons (which may include photographs of persons) but we do not provide any guarantees in relation to the identity or otherwise of any persons and we only obtain photographs of persons in relation to the provision of reports about those persons with the relevant person’s consent.
14. We do not provide valuations in relation to the value or potential value of any goods, items or facilities.