1.1 These Website Terms and Conditions ("Terms") together with our Disclaimer available at www.gotoguy.com.au/disclaimer.htm (“Disclaimer") 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”).
1.2 For that reason these Terms and the Disclaimer 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 by telephone on 1800 424 424.
1.3 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 Disclaimer prior to each use by you of the Site to ensure you are familiar with and accept the most recent version of these Terms and the Disclaimer. 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.
1.4 In consideration for you agreeing to the Terms and the Disclaimer, we agree to permit you to access the Site.
2. About the Site
2.1 The Site permits registered users to submit applications to us for reports on goods, items, facilities and person(s) the users are considering purchasing. We do not provide advice, recommendations or endorsements. You accept that any information provided on this Site is for general information purposes only and is not in the nature of advice. We warrant that we will exercise reasonable care and skill in the performance of our obligations under these Terms. However, from time to time the information provided on the Site, and any reports that we generate, may not be reliable, maintained, up to date, accurate or complete and your access to this Site may be interrupted for technical reasons or other reasons beyond our reasonable control. We do not purport to endorse goods, items, facilities or person(s) reported on through this Site.
3. Registration Requirements
3.1 You must register on the Site before you can apply for a report from us. During registration you will be given the opportunity to confirm that you agree to these Terms and the Disclaimer, by electronically checking a box. Registration is not possible without ticking the checkbox.
3.2 You warrant and represent to us that the information provided by you during the registration process on our Site is true and correct.
3.3 We only permit registration to users with a valid email address. As a result, following your submission of a registration form on our Site we will send you an automated email notification to the email address that was entered during the registration process which requests that you validate your e-mail address by clicking on a hyperlink in the e-mail. Once you click the hyperlink, your registration will be automatically validated by the Site.
3.4 Registration is personal to the registrant and you may not authorise any other person to use your account on the Site. You may not assign, sell, transfer or licence any other person or entity to use your personal account on the Site.
3.5 When you register on the Site, you will be asked to choose a username and password. The username and password are required to log into the Site under your account. You are solely responsible to ensure the confidentiality of your username and password. You must notify us immediately if you suspect any unauthorised use of your account on our Site. You must keep your password safe and secure. You are responsible for all use of your user account and profile on the Site. If you forget your password, you can reset your password by using the reset password tool accessible at www.gotguy.com.au.
3.6 You must promptly notify us of any changes to your registration details. You can change your registration details by logging onto the Site, and accessing and changing your details at www.gotoguy.com.au.
4. Licence to use Site and reports
4.1 We grant you a non-exclusive, world-wide, non-transferable, revocable licence to use the Site in accordance with these Terms. We may revoke the licence at any time in our absolute discretion.
4.2 Under the licence in clause 4.1, you are permitted to access and use the Site in the normal manner and you may also print one copy of the reports you order through the Site for your own personal use. You may not mirror or reproduce any part of this Site or a report you obtain through the Site on another website or in any other forum. You agree and acknowledge that we may reproduce, resell or licence any reports we produce to any third parties provided that we will remove your personal details from the reports prior to doing so.
4.3 The Site contains links to other websites as well as content added by people and other entities other than us. We do not endorse, sponsor or approve of any advertisement on the Site, or any content available on any linked Site. We may have affiliations with other websites that we link to.
4.4 You acknowledge and agree that:
- we may alter, amend or cease the operation of the Site at any time in our sole discretion; and
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
5. Orders for reports on items you are considering purchasing
5.1 After registering on the Site, you may submit an application for a report for goods, items, facilities or person(s) you are considering purchasing or committing to by going to the Home web page at www.gotoguy.com.au and following the relevant prompts.
5.2 Payment is required at the time of submission of your application for a report. We utilise a payment system licensed to us by PayPal Australia Pty Limited and a Merchant Credit Facility (“Payment System”) to process payments made to us via the Site. We use our reasonable endeavours to ensure minimal risk to your security and privacy when you process payments to us on this Site. However, you agree and acknowledge:
- the Payment System may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including without limitation, technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures;
- although we have implemented stringent security procedures, we cannot warrant that unauthorised access to information and data cannot occur;
- you have relied on your own independent assessment and judgment in determining whether the Payment System we use on this Site meets your requirements; and
- you must comply with any terms and conditions specified by the operator of the Payment System; and
- to the extent possible by law and except where, and to the extent that, the loss, damage or liability is attributable to our fraud, negligence or wilful default, any loss, damage or liability you may suffer or incur as a result of making payments to us in connection with the Payment System is your responsibility and is a risk you wholly assume.
5.3 As soon as possible after submission by you of an application and payment for a report, we will use our best endeavours to arrange a time to attend at the location of the goods, items, facilities or person(s) for up to 15 minutes, prepare a report on the goods, items, facilities or person(s) and send the report to you. If any consents, licenses, permissions, authorisations or security clearances are required for us to attend at that location you must bear the cost and responsibility of meeting and paying for all such requirements and you indemnify us for all and any loss and damage we or our personnel suffer in connection with a breach of any such requirements.
5.4 We will endeavour to have the report sent to you within 3 clear business days after we receive your application. However, from time to time it may not be possible to complete the report within that timeframe. If we cannot arrange for the preparation of a report within a reasonable time, or otherwise determine that we are not prepared to report on the goods, items, facilities and person(s) the subject of your application, we will notify you and refund any fee paid by you at the time of submission of your application for a report.
5.5 You may cancel your application for a report at any time by following the relevant prompts on our Site. In those circumstances we will refund the fee paid by you to us at the time of submitting your application to us via the Site, unless we have already arranged a meeting at the location of the goods, items, facilities and person(s) specified in your application or carried out any other work in relation to your application in which case we will provide a pro-rata refund based on the amount of work we consider to have been completed at the time of receipt of your cancellation notice.
5.6 Subject to clause 5.5, you agree and acknowledge that if you submit an application for a report via our Site and we arrange to attend at the premises where the item the subject of the report is located and the person with whom we have arranged the attendance at the premises is unavailable or otherwise does not permit our representatives to view the item, you will still be liable to us for the full report fee specified on our Site.
5.7 We do not provide expert opinions, endorse or recommend the entering into of any transaction, nor do we guarantee or represent that any particular person is the owner of the goods, items, facilities or person(s), that any particular goods, items, facilities or person(s) are authentic, nor do we provide any valuations. Please carefully read our Disclaimer at http://www.gotoguy.com.au/disclaimer.htm to ensure you are familiar with the limitations of our reporting service. We only report on the matters specified in your application for a report and no other matters.
5.8 We value your feedback. If you have any complaints or criticisms about any reports we provide, please make them to us in writing within 7 days of receipt of the report.
6. Intellectual Property Rights
6.1 Nothing in these Terms constitutes a transfer of any intellectual property rights (including, but not limited to, any copyright, trademark rights, design rights, domain name rights, patent rights or other intellectual property rights). You acknowledge and agree that, as between you and us, we own all intellectual property rights (including, but not limited to, any copyright, trademark rights, design rights, domain name rights, patent rights or other intellectual property rights) in the Site and any reports we prepare that you order through the Site.
6.2 By submitting an application for a report on the Site, you grant us a licence to use that information to arrange a meeting to view the goods, items, facilities and person(s) the subject of the application and prepare a report.
6.3 You agree that all intellectual property in relation to the Site (including for the avoidance of doubt, any ideas, concepts and suggestions made by you in relation to the Site and any future copyright in the Site pursuant to clause 197 of the Copyright Act 1968) will be owned exclusively by us, and not by you.
7.1 Subject to clause 7.2, to the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. However, nothing in these Terms seeks to exclude or limit any liability which cannot be excluded or limited by law (including, your non-excludable rights provided for by the Australian Consumer Law) and we do not exclude or limit any liability for fraud or any other liability which may be caused by a breach of our obligations under these Terms or by non-excludable law.
7.2 These Terms are to be read subject to the Australian Consumer Law as amended and any relevant state legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations. If such legislation applies, in respect of goods or services we supply through the Site which are not ordinarily acquired for personal, domestic or household use or consumption, to the extent possible, we limit our liability under section 64A of the Australian Consumer Law in respect of any claim that we are in breach of any such warranties, guarantees, conditions or obligations or any express warranty that we give, where it is fair and reasonable to do so, at our option, to one or more of the following:
in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
7.3 You indemnify us for all loss and damage directly or indirectly suffered by us in connection with any breach by you of these Terms or of any applicable laws, regulations, codes, common law and statutes.
8. Acceptable Use Policy
8.1 The Site may not be used in any manner that is illegal, discriminatory, abusive, insulting, threatening, obscene, harassing, racist, or otherwise inappropriate and your commission, or authorising, aiding, abetting, encouraging or inciting any person to do or attempt to use the Site in any such manner (including, but not limited to, by any one or more of the following acts) is strictly prohibited:
- violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited (including, but not limited to, laws relating to crimes such as theft and fraud, and laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy) and whether such violation is by way of the installation or distribution of "pirated” software or otherwise;
- unauthorized copying of copyrighted material is strictly prohibited;
- exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;
- introduction of malicious programs onto our webservers or those of the entity that hosts our Site (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
- revealing your account password to others or allowing use of your account on our Site by others is strictly prohibited;
- using another person’s name, username or password or otherwise attempting to gain access to the account of any other person on the Site is strictly prohibited;
- using the Site to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;
- effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
- executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;
- circumventing user authentication or security of our Site, or our network or any account of our Site is strictly prohibited;
- using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons' access to our Site, via any means, locally or via the Internet, is strictly prohibited;
- sending unsolicited messages in breach of anti-spam laws is strictly prohibited;
- making any offensive or threatening communications to any member of the Site is strictly prohibited;
- any form of harassment via email, or any other form of harassing or spam messaging, whether through language, frequency, or size of messages is strictly prohibited;
- unauthorized use, or forging, of email header information is strictly prohibited;
- solicitation of email for any email address, with the intent to harass is strictly prohibited;
- creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type is strictly prohibited;
- use of the Site in breach of any persons privacy (such as by way of identity theft or "phishing") is strictly prohibited.
9.1 These Terms terminate automatically if, for any reason, we cease to operate the Site. We may cease to operate, or suspend the operation of, the Site at any time in our absolute discretion.
9.2 We may otherwise terminate these Terms immediately, on notice to you, if we have reasonable cause to believe you have breached these Terms in any way.
10.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
10.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
10.3 We may subcontract our obligations under these Terms to any third party in our absolute discretion. In those circumstances we may require a subcontractor to attend at the location of the goods, items, facilities or person(s) to report on the goods, items, facilities and person(s) the subject of your application, to prepare a report on the goods, items, facilities and person(s), and to send you the report on our behalf.
10.4 No failure, delay or indulgence on our part in exercising any power or right conferred upon us under these Terms will operate as a waiver of such power or right, nor will any single or partial exercise of any such power or right preclude any other future exercise of it, or the exercise of any other power or right by us under these Terms.
10.5 This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.