Contents:
5. Foreign taxes, duties and import restrictions
9. Confidential Information and Intellectual Property Rights
Trading terms and conditions of Gobookem Pty Ltd.
These terms and conditions regulate the business relationship between you and us.
By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: GoBOOKEM
Our address is: 2 ROMANI STREET, NORTH PARRAMATTA.
NEW SOUTH WALES. AUSTRALIA. 2151
You are: a user / visitor to Our Website / our customer
The user of this web site agrees to be bound by the terms and conditions contained herein.
1. Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Confidential Information” means information relating to the Product, including all material contained in its distributable files, activation and registration code, all copyright and trade and other marks, whether registered or not.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Product” means any of the Product we offer for sale on our Website and include generally available updates and support services so far as specified for each Product.
2. Our contract with you
2.1 All prices are quoted in Australian dollars($AUD).
2.2 All prices quoted are inclusive of GST – (Australian taxes only).
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.
2.5 If in future, you buy the Product from us under any arrangement which does not involve your payment via our Website, these terms still apply so far as they can be applied.
2.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [7] days from the date of your order.
2.7 The content of this website is protected by Australian law and can not be used, duplicated or copied without the prior consent of the owner.
2.8 GoBOOKEM is a service provider and is not liable for any content or error on any third party website
2.9 The purchaser is subject to ‘conditions of entry’ to each venue or event. It is the obligation of the purchaser to be aware of these regulations. See refund policy Clause 6
2.10 In the event of changes or cancellation of the content, the user will notify GoBOOKEM immediately. Delayed notification may incur charges.
2.11 GoBOOKEM will notify all purchasers of any changes or cancellations to the content or product, however they are not responsible for failure to notify if your details are incomplete or incorrect.
2.12 All users warrant that all content and product details are correct at the time of entry and will be updated immediately when circumstances change.
2.13 All users warrant that they are authorized and legally permitted to enter content on behalf of any third party.
3. Delivery
3.1 Deliveries will be made by e-mail to the address stipulated in your order.
3.2 If we are unable to e-mail your product after two attempts, we will notify you by phone to try to arrange an alternative delivery method or alternate e-mail convenient to you. If we have failed to contact you after [10] days from the first time we attempted, we will cancel your order and return the money paid for the product. We will retain any charges we incurred for delivery and or order processing.
3.3 Products are sent at your risk. You should ensure that no copies of your product are made and that the confirmation e-mail is not forwarded nor duplicated by you or by any other person.
3.4 Orders that are delivered by e-mail should be printed and presented at the venue to gain entry. This e-mail is your product and entry pass. You should also present proper and legal identification.
4. Cancellation
4.1 You may cancel your order for the Product at any time before we send a confirmation notice.
4.2 Because the Product is available to you, and can be copied by you on delivery, you have no statutory right to cancellation once you have received the Product.
4.3 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
5. Foreign taxes, duties and import restrictions
5.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
5.2 You are responsible for purchasing Product which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6. Refund policy
6.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity: exactly what is the fault;
6.1.1 the date, if relevant, when the fault became apparent;
6.1.2 when and how you discovered the fault;
6.1.3 how the fault affected your use of the Product;
6.2 You must tell us by email message to enquiries@gobookem.com or by letter to our land address at the top of this agreement, you that you would like to return the product, specifying exactly what product and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note.
6.3 The products must be returned to us as soon as any defect is discovered.
6.4 refunds are available if the following occurs
a. the content is cancelled by the event organizer
b. the content is rescheduled and the purchaser can not attend the rescheduled date
c. the content is cancelled due to force of nature or war or an act of terrorism
d. the amount of the purchase is refunded excluding the service fee per ticket, this fee includes any credit card charges incurred by Gobookem
e. if the content organiser advertises any false information in regards to the date and venue. time changes are not subject to refund – see below
6.5 refunds are NOT available if the following occurs
a. if the purchaser is late or fails to attend the event
b. if the purchaser is ill or unable to attend due to health issues
c. the purchaser has mistaken the venue or date
d. if the times of the event change or the running order of the event change.
e. entry has been denied due to breach of ‘entry conditions’ to the venue or event
f. if you are under 18 years of age and purchase products to over 18 events
7. Your account with us
7.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Product.
7.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
7.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
7.4 We reserve the right to refuse you access to Our Website.
8. Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Product for your purpose;
8.4 Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9. Confidential Information and Intellectual Property Rights
9.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
9.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10. Your email address
10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
11. System Security
11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.2 You may not use any software tool for the purpose of extracting data from our website.
11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Fees and Charges
13.1 The following fees and charges apply:
a. $1.90 service fee for all products sold under $29.99
b. $2.90 service fee for all products sold over $30.00 but under $49.99
c. If your product is $50.00 and over please contact us at enquiries@gobookem.com for further assistance.
d. $0.09 transaction fee per transaction applies for all purchases.
13.2 credit card charges are absorbed by Gobookem and are included in the fees stated in 13.( a – d)
14 Miscellaneous provisions
14.1 When we communicate with you we do so by e-mail. You agree that e-mail communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide Product or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those services.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the laws of NEW SOUTH WALES of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
“I have read and understood GoBOOKEM’s terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person has agreed that I may buy your goods.”