Last updated: July 26, 2017
These Terms and Conditions are a legally binding agreement (“Agreement” or “Terms”) between You either an individual, group or entity (the “User”, “You”, or “Your”) and Jgid.Shop Pty Ltd (“Company”, “We”, “Us” or “Our”) operating in accordance with the Laws of New South Wales, Australia at www.jgid.shop (hereinafter referred to as “JGID SHOP”, “Website”, “Site” or “Platform”) from the Company office located at 57 D Addison Road, Manly NSW 2095.
WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS / SERVICES OFFERED, SOLD OR PURCHASED THROUGH THE PLATFORM AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH THE USE OF PRODUCTS / SERVICES ACQUIRED THROUGH THE PLATFORM. ANY DECISION TO PURCHASE / USE / CONSUME ANY PRODUCTS OR SERVICES SOLD/PURCHASED THROUGH THE PLATFORM IS AT YOUR OWN RISK.
USERS WHO MAKE USE OF THE JGID BUSINESS MANAGEMENT SOFTWARE (JGID BMS) ON THE JGID SHOP PLATFORM HEREBY EXPRESSLY INDEMNIFY AND HOLD HARMLESS, JGID BMS PTY LTD AND JGID PTY LTD, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDER AGAINST ANY LOSS, CLAIM, DAMAGE, LIABILITY, ACTION (INCLUDING LEGAL FEES AND COSTS) ARISING FROM OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE JGID SHOP PLATFORM INCLUDING BUT NOT LIMITED TO ANY ACTIONS OR OMISSIONS OF ANY USER OF THE JGID SHOP PLATFORM OR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF ANY PRODUCT SOLD OR PURCHASED THROUGH THE JGID SHOP PLATFORM.
“Buyer” - refers to a registered User who purchases a Product from a Vendor through the Platform.
“Vendor / Supplier ” - refers to a registered Users who offers Products for sale to prospective Buyers through the Platform.
“User” - refers to any registered or unregistered User of the Platform including Buyers / Vendor / Visitor of the Site.
“Product” - refers to any product or service, offered, listed or sold by the Vendor / Supplier and purchased or requested by the Buyer through the Platform.
“Supplier Profile” - refers to a profile on the Platform that enables Vendor / Vendors to list, promote and sell their Products and showcase their values to all prospective Buyers.
“Platform Services” - refers to all software that is owned by the Company that enables Users to search, list, buy or sell products through the Platform, including the ability to communicate with other Users, make payments, rate and review their experiences.
“Trade Discount” - refers to varying percentage of discount offered by Sellers to Buyers based on specific factors.
“Sale Agreement” - refers to a sale agreement between a Vendor / Supplier and a Buyer whereby the Buyer agrees to Buy the product from the Supplier and the Supplier agrees to Sell and Ship the Product in accordance with the terms and conditions agreed upon between the parties.
The JGID SHOP Platform is not designed for use by persons under the age of 18 years. In the event that You are under 18 years of age, You may not use the Platform without the express consent of your parent(s) or legal guardian(s). By granting their express consent to use the Platform, Your parent(s) / legal guardian(s) take full responsibility for: (i) Your actions; (ii) any charges associated with Your use of Services provided by the Company or any Sale Agreements that you enter into; and (iii) Your acceptance and compliance with these Terms and Conditions.
If you are entering into this agreement on behalf of an entity, you represent that you are authorized to enter into legally binding contracts on behalf of such entity.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE NOT ALLOWED TO ACCESS OUR PLATFORM OR PROVIDE ANY PERSONAL INFORMATION ON OUR WEBSITE.
By using the JGID SHOP Platform, you represent and warrant to the Company that you have the right, authority, and the requisite capacity to enter into this Agreement.
How it Works
JGID SHOP is an online marketplace that enables Buyers operating in the field of building and trade industry to easily find and buy products from ethical and sustainable Vendors through the Platform.
Vendors currently have to apply to join the Platform and upon approval they can easily build their Profile and list all the products that they wish to offer prospective Buyers through their JGID Shop. By default, all products on the Platform are listed at their retail price however Buyers can apply for trade discounts.
How trade discounts work?
All trade discount applications are considered by the Company on a case-by-case basis in consultation with the Vendor. There is no one fixed trade discount percentage for all Buyers and the trade discount offered to one Buyer may vary from another Buyer. Discount percentages offered on different products categories also vary as Vendors may be able to offer greater discount on some products but not on others.
Once your trade discount has been approved, Buyers who use JGID BMS will be able to view the new discounted rates for products in their JGID SHOP. However, you do not have to have JGID BMS license to use the Platform or make use of the trade discounts.
Once Buyers are happy with the products and prices they can not easily enter into sale agreements with Vendors through the Platform.
At JGID SHOP, we encourage and promote Vendors who operate in accordance with our ethical and sustainable standards. We believe in:
l Contributing towards zero emissions and zero waste by the year 2025;
l Finding sustainable products at competitive prices for our Users;
l Promoting the most environmentally and socially sustainable brands/vendors/seller/supplier/distributor/provider in listings and advertisements displayed, or any other means of display or promotion on our Platform.
WE RESERVE THE RIGHT BUT ARE NOT OBLIGATED TO, PROMOTING SUSTAINABLE PRODUCTS AND ETHICAL VENDORS HIGHER UP IN OUR PLATFORM RANKINGS AND LISTING.
Although all Vendors go through Our vetting process which requires them to provide us with certain personal and business information, You understand that we cannot guarantee the quality of any Products offered by Vendors you transact with through Our Platform. In no event shall we be liable for any damages whatsoever, arising out of or relating to your conduct or anyone else in connection with the Platform.
ALL SALE AGREEMENTS ARE BETWEEN THE BUYER AND THE VENDOR (EACH INDIVIDUALLY REFERRED TO AS ‘PARTY’ AND COLLECTIVELY AS ‘PARTIES’). AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT ENTERED INTO EITHER ONLINE THROUGH THE PLATFORM OR OFFLINE.
Please note that the Company only enables a connection between Buyers who are looking to purchase sustainable products at competitive prices with Vendors who are offering the same through the Platform. We are not responsible for the accuracy of the Product information as described by the Vendors through their Profile or product listing on the Platform; and the Company does not have any control over the quality, legality, delivery, timing, failure to ship, pay or any other aspect whatsoever of any Users behaviour on the Platform. The Company cannot be held liable for any misrepresentation by any User or for any actions or omissions whatsoever of any User or quality of any product.
Unless explicitly specified otherwise, Our responsibility is limited to facilitating the availability of the Platform.
PLEASE NOTE THAT THE COMPANY IS NOT A VENDOR/SUPPLIER OF PRODUCTS LISTED ON THE PLATFORM AND DOES NOT OFFER ANY PRODUCTS FOR SALE TO BUYERS. WE DO NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY PRODUCTS OFFERED BY VENDORS THROUGH THE PLATFORM, OR ACT AS AN AGENT ON BEHALF OF THE BUYER OR VENDOR/SUPPLIER. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OUR PLATFORM.
THE COMPANY ONLY PROVIDES THE PLATFORM TO ASSIST USERS A MEANS TO BUY AND SELL ETHICAL AND SUSTAINABLE BUILDING AND TRADE PRODUCTS. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION, PRODUCTS OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM.
Link to Vendor / Supplier Websites
Vendor / Supplier Obligations
You warrant and represent to the Company that:
l You have the legal right to use any content that You post on the Platform;
l You will not list or sell any used, counterfeit or faulty Products through the Platform;
l You will endeavour to comply with JGID SHOP’s commitment to sourcing and providing ethical and sustainable materials to Buyers as stated here: https://www.jgid.com/about-us/what-we-stand-for/
l All Products listed or sold through your JGID SHOP account will be described accurately and will not be misleading, fraudulent or deceptive;
l You will take full responsibility for any and all Products listed or sold through your JGID SHOP on the Platform and to amicably resolve any disputes between you and the Buyer;
l You will clearly state your shipping, returns, cancellations and refund policy and charges as well as any other applicable terms and conditions for the sale of Products with the Product listing on the Platform;
l You will fulfill all the conditions relating to the sale of your Products through the Platform;
l You will not post any offensive, obscene, degrading, misleading or harmful text or images or listing on the Platform.
l You will promptly and efficiently perform all Your obligations to Buyers under sale agreement and towards the Company under this Agreement;
l You will ensure that You are aware of any applicable laws and regulations that apply to You as a Vendor of Products listed on the Platform, including all regulations and laws governing shipping of such products as well as taxation laws and to clearly communicate it to Buyers through the Platform.
l You will be solely responsible for payment of your taxes and any duties owed to any governmental authority.
l Your Product Prices will not include any hidden fees and charges for the Buyers.
l You agree to pay all amounts due and payable by you to the Company by the payment method chosen by the Company. Please note that our commission rates vary from Seller to Seller and you will be liable for the payment of all amount due on your account in accordance with commission rates as agreed between you and the Company.
You agree that at all times:
l You will promptly and efficiently perform all your obligations to other Users (including Vendors) and towards the Platform under this Agreement;
l You will not share any content available (whether provided by the Company, Vendor or a third party) on the Platform on any third party sites or for other business purposes without Company’s prior permission; and
l You will ensure that You are aware of any laws that apply to You as a Buyer of Products sold through the Platforms and to fulfil any obligation that you may incur towards any governmental authority.
You must not:
● Post any content that may be potentially or actually harmful to the Company or any User;
● Post any content or information that is false, inaccurate, misleading or deceptive in nature;
● In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
● Act in any manner that may lead to violation of any applicable laws or regulation, including but not limited to those governing export and import control, consumer protection, unfair competition, antidiscrimination and trade practices / fair trading laws;
● Post any content that may be deemed defamatory, libellous, threatening or harassing;
● Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
● Intentionally or unintentionally cause harm or subvert the function of the Platform by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Platform;
PLEASE NOTE - When You enter into a sale agreement through the Platform, unless the transaction is prohibited by law or by this Agreement, You create a legally binding contract with another Platform User. If You do not comply with your obligations towards the other User under a sale agreement, You can be held accountable.
If we determine, in our sole discretion, that You have breached any provision under this Agreement, we reserve the rights to remove any content, listing, offer, quotes and trade discount that You have submitted or received through the Platform or cancel / suspend Your account.
We do not condone spam. We review content and accounts on our Platform and remove those indulging in spammy behaviour such as posting crass advertisements on the Website, posting identical copies of the same content (or almost similar content), posting content with misleading descriptions, titles or links in order to manipulate other Users.
Any act of posting or sending unwanted and/or repetitive content will be deemed as spam and we reserve the right to immediately restrict the access of any user who uses the Platform to transmit ‘Spam’.
Account and Access
Vendors apply to join the JGID SHOP Platform and upon approval of their account they can freely access the Platform using their Sign-in credentials and list / sell the products to Buyers. Buyer do not need to apply for account approval and they can start using the Platform by registering at www.jgid.shop to search and buy Products but they do not automatically receive any trade discounts as previously stated in this Agreement.
All users agree to provide us with correct and current information when applying for an account or creating an account on the Platform. All Users with a JGID SHOP account further agree to keep their Platform login credentials strictly confidential. You understand that the Company relies upon you to maintain the confidentiality of your login credentials and not to share them with any third-party. Any authorized or unauthorized activity under your account is solely your responsibility. You agree to immediately notify Us of any unauthorized use of Your account at www.jgid.shop. We disclaim any and all responsibility for any unauthorized access to Your account. We may refuse registration of any User account in our sole discretion without the need to provide any reasons for our decision.
We reserve the right to introduce any paid features and functionalities to the Platform by giving thirty (30) days notice to you. Your continued use of the Platform after the thirty (30) days notice period will be deemed as your express consent to abide by the new terms and conditions.
We may access Your account and the information that You have provided Us, for support, maintenance, security or business reasons that We in Our sole discretion deem fit.
We may suspend or terminate Your Account and Your access to the Platform if We find that any information provided by You during the Sign-up or vetting process or thereafter is inaccurate, fraudulent, not current, incomplete or if you breach any terms of this Agreement.
Payment, Refunds and Cancellations
In addition to the merchant fees, Vendors are liable to pay transaction commission to the Company for all sales made through the Platform.
Both Parties agree to make all payments relating to the sale of Products listed on the Platform, through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute material breach of this Agreement. Should either Party be found in violation of this term of the Agreement, the respective party will be liable to pay the Platform an amount equal to the full amount of the transaction entered into by the Parties and any additional penalties that the Company in its sole discretion deems fit.
Buyers are advised to review the Vendor's shipping, cancellation, return and refund policy and all associated charges before making any purchases to avoid any disputes.
In the event where a Seller refunds the Buyer for a Product purchased through the Platform, the Seller may claim back the transaction commission paid to the Platform less the merchant fee that was incurred in processing the transaction through the Platform. The Company may request the Vendor to provide evidence of such refund before reversing the commission payment. The Company reserves the right to refuse refund where it does not receive sufficient evidence from the Vendor of refunds made to the Buyer and/or it suspects fraud or misrepresentation.
Where applicable, the Company will refund Vendor’s money via the original payment mechanism. The processing of refund payment may take time. We are unable to offer any guarantees of any nature for the timeliness of refunds reaching Your account. We may at any time and without prior notice to You modify the mechanism of processing refunds.
VENDORS PLEASE TAKE NOTE - Any premium listing placements, advertisements or promotional ranking purchases made by Vendors to promote their Shop or Products on the Platform are non-refundable.
Vendors can cancel their account on JGID.SHOP by contacting the Company at email@example.com with the word “Cancellation” in the subject line. The Company will provide you with all the instructions and outstanding obligations that must be fulfilled before your account is terminated. Upon cancellation, your account will no longer be visible to prospective buyers or other users of the Platform. The Company reserves the right but is not under any obligation to keep Your data after You Cancel Your account and it is solely Your responsibility to ensure that You backup any and all data that You wish to access at a later stage.
The Company reserves the right to cancel or suspend Your access to the Platform if we find that:
l You have violated any provisions of this Agreement;
l Your conduct is harmful to the Company or any of its Users; or
l We cease Our business operations for any reason.
We reserve the right to modify any commission payment, cancellation and refund policy at any time by amending these Terms. If You do not agree with such change in our Terms, Your sole remedy is to cease using the Platform by cancelling Your account.
We are unable to confirm that Users are who they claim to be. We expressly disclaim any responsibility for the accuracy or reliability of any information provided by Users about themselves or their operation through the Platform. Should the Buyer require any additional proof from the Seller or vice versa, the respective parties must request such information from the other before entering into any transaction. We do not offer any assurances or warranties to Buyers or Vendors that any identity proof or other business information that they deliver to the other party will not be misused.
Although all Vendors listed on Our Platform undergo our vetting process, we cannot guarantee that information provided by them is accurate and free from any misrepresentation. When interacting with other Users and entering into business transactions, You should exercise caution and common sense to protect Your interests, just as You would when interacting with businesses in the offline environment, whom You don’t know.
THE COMPANY, ITS DIRECTORS, EMPLOYEES, OFFICERS, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM.
Agreement between Buyers and Vendors
The Platform may contain profiles, email systems, blogs, message boards, ratings, reviews, service listings, and/or other public message or communication facilities (“Public Areas”) that allow you to communicate with other Users that is visible to all other Users. You may only use such community areas to send and receive information that is relevant to the applicable forum. You agree to grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content publicly posted by you on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the Service or for the general promotion of the Platform and as permitted by this Agreement.
Please note when you make any contribution to Public Areas on the Platform, your contribution is visible to all and you will be identifiable by your public profile. The Company does not assume any responsibility for the actions of any Users with respect to any information or materials posted in such Public Areas.
User Generated Content
We love to engage with our Users and encourage them to connect with us and other Users, directly through our Platform as well as through our Social Media pages on third-party platforms. We do not claim any ownership of content you post or share with us on our platform or social media pages, but you do acknowledge that such content is by its nature publicly accessible and will be viewed by others on the Web. You grant us royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, display or share, in print or on any digital media including third-party social media platforms, any content you post or share with us including but not limited to ratings and reviews for Products you purchase from Vendors listed on the Platform. For the purposes of this agreement ‘User Generated Content’ includes but is not limited to images, audio, videos, text or similar material for any marketing, promotional, information purposes.
You understand that the User who creates / submits the content is responsible for his or her contribution and the Company will not be liable for any errors or omissions, whether intentional or a result of negligence, in any User Generated Content; and that the Company cannot guarantee the identity of any other Users.
Except for the User Generated Content, all content and services made available by the Platform including without limitation, the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the laws of Australia, foreign laws and international conventions. You agree not to copy, sell, transfer, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or any other User Generated Content (“Third-Party Intellectual Property”) that you do not have rights and licences to use. You understand that any use of Company Content or any Third-Party Intellectual Property on any website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a limited non-exclusive, non-transferable license to use our services for your personal and non-commercial use only.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
Infringement of Copyright
We respect the Intellectual Property Rights of others and have zero tolerance policy towards violations of copyright laws. If we find that you have violated a copyright of another person or entity, we reserve the right to immediately terminate your access to our services and take other remedial actions that we in our sole discretion deem appropriate. You are under obligation not to upload, download, post, transmit, reproduce, republish, distribute or in any way access or make available any content that is protected by copyright laws without the the express permission to use such content from the authorized person. You may not use any copyrighted material for any purpose other than for which you have received authorization.
If you believe that your copyrighted material or content is posted, uploaded or made accessible on our Platform, please inform us at the email address listed below of such material and provide us with the following information:
l Identification of the material or content that is claimed to be infringing your copyrighted works;
l Your contact information including your name, phone number and email address;
l A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
Contact us: firstname.lastname@example.org
To the fullest extent permitted by law, you hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with:
(i) Your use or inability to use the Platform, or
(ii) any content submitted by You or using Your account to the Platform,
(iii) Any dispute or Conflict between You and another User.
Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PLATFORM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, SUITABILITY OR QUALITY OF PRODUCTS LISTED OR MADE AVAILABLE BY VENDORS THROUGH THE PLATFORM. THE PLATFORM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OFFERED BY A VENDOR OR THIRD-PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR FULFIL ANY RIGHTS AND OBLIGATIONS BETWEEN VENDORS AND BUYERS OF PRODUCTS, OTHER THAN AS PROVIDED HEREIN. WE RESERVE THE RIGHT TO BUT ARE NOT OBLIGATED TO MONITOR ANY TRANSACTIONS BETWEEN THE PARTIES. AS WITH THE SALE AND PURCHASE OF ANY GOODS OR SERVICES IN ANY CONTEXT, YOU SHOULD ALWAYS USE YOUR OWN BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, SUBSIDIARIES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, EFFECTIVENESS OF ANY LICENSED SOFTWARE USED WITH THE PLATFORM OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY PRODUCT LISTING, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM.
THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR LICENSORS CANNOT BE HELD RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE.
COMPANY CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. WE DO NOT WARRANT OR REPRESENT THAT A VENDOR IS OPERATING OR UPHOLDING ETHICAL AND SUSTAINABLE STANDARD THAT THEY CLAIM. WE MERELY PROVIDE A MEANS FOR VENDORS AND BUYERS TO FIND EACH OTHER AND WE DISCLAIM ANY AND ALL LIABILITY IN THIS REGARD.
THE COMPANY IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, OTHER ENTITIES THAT FORM PART OF OUR GROUP OR SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION MONETARY OR PERSONAL LOSS), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
THE COMPANY, ITS AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM. IN THE EVENT THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY, LEGALITY, SUITABILITY OR FITNESS OF ANY PRODUCT LISTED OR MADE AVAILABLE THROUGH THE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES, IF ANY, PAID BY YOU TO THE COMPANY DURING THE TWO (2) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Except as expressly provided otherwise, this Agreement will be governed by and construed in accordance with the Laws of New South Wales and the Parties hereby agree to the non-exclusive jurisdiction of the courts of New South Wales in relation to any claim on matter arising from or in connection to this Agreement.
Assignability - The Company may assign any of its responsibilities and/or obligations to any other Person, at its sole discretion, without giving any notice to you. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability - If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Any failure on the part of the Company to exercise any right or remedy under this Agreement will not constitute a waiver of such right or remedy.
Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Changes to this Agreement