1.1 Acceptance
Welcome to the GoodwillRelations.com.au web site. Please read the following terms and conditions with care. By visiting this site you are accepting these terms and conditions. GoodwillRelations.com.au retains the right to modify or amend these terms and conditions at any time, without notice. We may amend these terms and conditions by posting the amended terms on the Site. Unless otherwise stated, all amendments shall be effective immediately upon posting on the Site. You are responsible for regularly viewing the terms and conditions. Continued use of the web site after any such changes constitutes your consent to such changes. If at any time you choose not to accept these terms and conditions, you may not use this site.
In these terms and conditions you are sometimes referred to as “you”, “the buyer”, “the user” and we are referred to as ” GoodwillRelations.com.au , and affiliated companies.
2.1 Users
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this web site. You certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to fully honour those obligations that you undertake. In addition, you agree that, if you are using the services on behalf of or for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. And should it occur, you accept full liability for any harm caused by your wrongful use of the services. GoodwillRelations.com.au reserves the right to refuse, limit or restrict its services to anyone, for any reason, at any time and at its sole discretion.
3.1 Use of the Service and Site
You, or anyone using this service, agree to not use the Services to:
- send or receive any content that is unlawful, offensive, malicious,abusive, harmful, threatening, tortious, defamatory, obscene, libellous, or otherwise objectionable;
- or to be in breach of confidence, copyright, privacy or any other rights;
- pretend to be any person or entity other than your true identity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- non-conform with any acceptable use policies of any connected networks and general internet standards and protocols.
4.1 Content
The content available through the Site is the sole property of GoodwillRelations.com.au or its affiliated third parties, and is protected by copyright, trademark and other intellectual property laws. Content owned by GoodwillRelations.com.au affiliated third parties may be subject to additional provisions and restrictions. GoodwillRelations.com.au prior written consent.
5.1 Payments and Charges
All payments must be in Australian Dollars , unless otherwise agreed by us.
6.1 Warranties and Limitation of Liability
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
YOU REPRESENT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES IS ACCURATE AND CURRENT. THE MATERIALS AND INFORMATION YOU FIND ON THE GoodwillRelations.com.au WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GoodwillRelations.com.au WEB SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ACKNOWLEDGE AND AGREE THAT GoodwillRelations.com.au AND/OR ITS PARENT AND AFFILIATES WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR IN ANY MANNER, HOWEVER CAUSED, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS WHETHER THE ACTION IS IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT. IN PARTICULAR, ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED TO COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES BY COMPUTER VIRUSES, “WORMS”, “TROJAN HORSES” OR OTHER ITEMS OR FORCES OF AN INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE NATURE IS DISCLAIMED. THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS BEHAVIOUR, OR ANY OTHER CAUSE OF ACTION. REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GoodwillRelations.com.au . HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GoodwillRelations.com.au AND/OR ITS PARENT AND AFFILIATES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS (AD$100.00). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ADDITION THE PRODUCTS AND SERVICES CONTAINED, DESCRIBED OR FEATURED ON THIS WEBSITE ARE ONLY DEEMED TO BE OFFERED FOR SALE IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
6.2 Indemnification
You agree to defend, indemnify and hold GoodwillRelations.com.au or its Parent arising from or otherwise related to your actions, including without limitation, for breach of any representation or warranty contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the purchase, sale, license, transfer or use of a Registration in accordance with this Agreement, or any other provision of this Agreement or under the escrow.com Agreement or terms and conditions.
If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” GoodwillRelations.com.au does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party.
7.1 No Agency
GoodwillRelations.com.au and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these agreed terms and conditions.
8.1 Jurisdiction
Your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of the United Kingdom as if the terms and conditions was a contract wholly entered into and wholly performed within the United Kingdom .
If there is a determination that any provision of these terms and conditions is invalid or unenforceable, that determination will not affect the rest of the terms and conditions and the terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
9.1 Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between GoodwillRelations.com.au and you in relation to such matters. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.
