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Each time you access the GoMo website (www.gomo.com.au) (Website) and any of GoMo’s website services you confirm you have read and agree to the terms
and conditions listed on this web page (Terms and Conditions of Use). GoMo may from time to time amend, update or change this Website including these
Terms and Conditions of Use without prior notice. You should periodically check this page for changes to these terms and conditions.
General disclaimer
GoMo is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
SMS text messaging
GoMo SMS text messaging services (including but not limited to GoMo SMS and GoMo MeMo) on the Website are provided for personal use by individuals. You
accept full responsibility for the content of any message you send using the SMS text messaging service. All messages are sent at the risk of the
sender. GoMo accepts no liability for the content of transmitted messages, or non-transmission of any message for any reason.
GoMo may add information at its discretion to any message sent through the Website. The content of any added information is to be determined at the sole
discretion of GoMo.
GoMo does not guarantee that any message will be transmitted and received in whole or in part or that SMS text messaging services will continue to be
available on the Website.
Users of the Website may not use the SMS text messaging service to transmit advertising or messages to any person who might consider such messages
offensive or distasteful. Users undertake not to send messages to any person who may not wish to receive a message. Posting or transmitting to or from
the Website or the SMS text messaging service any unlawful, threatening, defamatory, or obscene material, or any other material that could give rise to
any civil or criminal liability under the law, is prohibited.
GoMo reserves the right at any time to refuse SMS text messaging services at its discretion to any person it considers in its sole opinion may be
misusing the service, breaching these Terms and Conditions, or otherwise acting in a manner detrimental to GoMo’s interests.
Any decision to refuse service is at the sole discretion of GoMo. GoMo accepts no liability for any consequences of any such refusal of service. GoMo is
not bound to take any action as a result of complaints that may be received by GoMo as a result of messages sent via GoMo text messaging
services.
Purchase and Refund
The price of Pins and SMS text messaging services provided by GoMo is subject to change at any time. You should make sure you are aware of the price of
Pins and SMS text messaging services before use or purchase them.
All money you pay to GoMo for the purchase of Pins or the use of any services provided by the Website is paid on a non-refundable basis subject to
applicable laws. Subject to any applicable laws, all refunds are to be provided at the discretion of GoMo. GoMo is not liable for any loss or
cancellation of Pins due to suspension or banning from the SMS text messaging services of the Website for breach of these Terms and Conditions.
Copyright
This Website is GoMo’s intellectual property and subject to copyright. Any information posted or sent to GoMo becomes GoMo’s property and you release
and waive all your rights and interest to that information.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes
that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create
derivative works from any part of this Website; or
- commercialise any information, products or services obtained from any part of this Website,
without GoMo’s prior written consent.
Trade marks
The trade marks GoMo, GoMo Go Mobile, the GoMo “Pinhead” logo and other names of GoMo products and services referred to in this Website are trade marks
of GoMo.
Other product and company names mentioned in this Website may be the trade marks of other people or entities.
If you use any of GoMo’s trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us.
You must not use any of GoMo’s trade marks:
- in or as the whole or part of your own or other trade marks;
- in connection with activities, products or services which are not GoMo’s;
- in a manner which may be confusing, misleading or deceptive; and
- in a manner that disparages us or our information, products or services (including this Website).
Links and other business relationships
Other than as required by law, GoMo makes no representations or warranties whatsoever about any other website which may be accessed through this
Website. Links are provided as a courtesy to our customers only and in no way should be interpreted as an endorsement.
GoMo makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible
via this Website or any website with which it is linked.
Further, GoMo is not responsible for any information or opinions published on any website linked to or from this Website.
Framing and Linking to this Website
Linking to this Website will only be permitted with the express prior written consent of GoMo. Any links if allowed, must link directly to this
Website’s homepage and none of the other pages within unless otherwise agreed by us in writing. It is not permitted to frame any part of the Website
without the express prior written consent of GoMo.
Contents
This Website and its contents must not be distributed, posted, transmitted, modified, reused or otherwise reproduced in whole or part without GoMo’s
express prior written consent.
Product information
Some product specifications, tables and/or descriptive phrases were created by respective manufacturers and are used with permission. Product
illustrations are, in some cases, provided courtesy of the manufacturer and used with their permission.
Warranties
To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure
that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
No liability
GoMo assumes no liability for the use of any information posted on the Website or for the use of any product or service described here.
In no event will GoMo or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without
limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or
profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if GoMo has been advised of the
possibility of such damages or losses, arising out of or in connection with the use of this Website or the SMS text messaging services or any Website
with which it is linked.
To the extent permitted by law, GoMo’s liability in relation to any product or service purchased as a consequence of your use of the Website is limited
to the lesser of:
- the replacement of any product purchased; and
- the purchase price paid by you to GoMo for that product.
Chat and bulletin board communications
All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any
bulletin board posting for any reason, GoMo has no obligation to delete content which you may find objectionable or offensive.
It is the responsibility of any party posting material to a chat or bulletin board to be aware of the lawfulness of its content. GoMo has no obligation
to make itself aware of material on any chat or bulletin boards.
Member services
GoMo may modify or discontinue our services or your account or your membership, with or without notice, without liability to you, any other user or any
third party. GoMo reserves the right to terminate your account or membership if it learns that you have provided false or misleading registration
information, interfered with other users or the administration of GoMo’s services, or violated these Terms and Conditions of Use.
Prices in Australian Dollars
All prices listed on this Website are in Australian Dollars.
Interference
GoMo is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a
linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of errors, viruses or
anything else (such as "worms" or "trojan horses") that may interfere with or damage the operations of your computer systems.
Specific warnings and disclaimer
Manufacturers and service providers have reserved the right to alter product or service specifications without notice. Publishing information about a
product or service does not constitute an endorsement by GoMo. With respect to the Website and any website with which it is linked; to the extent
permitted by law, GoMo disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness
for a particular purpose.
Invitation to Treat
Nothing in this Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with GoMo in relation to
the provision of any goods and/or services. This Website and any goods and services displayed within it is an invitation to treat only.
Publishing information about a product or service on this Website does not ensure its availability. Products are advertised subject to
availability.
Price information is subject to change without notice.
GoMo does not undertake to keep this Website updated. GoMo is not liable to you or anyone else if errors occur in the information on this Website or if
that information is not up to date.
Indemnification
You agree to fully indemnify and hold GoMo harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or
which may be incurred arising from a breach by you of these Terms and Conditions of Use.
Waiver
GoMo’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will not constitute a waiver of such rights
unless such waiver is granted by GoMo in writing.
Governing law
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of New South Wales. The parties submit to the
non-exclusive jurisdiction of the courts of that State.
If any of the provisions of these Terms and Conditions of Use is, or the application of one or more of those provisions to any person or circumstance
is, or becomes illegal, invalid or unenforceable in any jurisdiction, that or those provisions will be:
- interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and
- if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction,
with the remaining provisions remaining in full force and effect.
All legal content contained on this Website relates only to the laws of New South Wales, unless specifically stated otherwise. The laws of New South
Wales may be different from your laws.
Language
The parties agree that the Terms and Conditions of Use have been prepared in English and to the extent any translation of these Terms and Conditions of
Use is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions of Use.
GoMo
In these Terms and Conditions of Use a reference to GoMo is a reference to the Strathfield Group Limited ACN 053 687 728 and any of its subsidiaries
from time to time.
gomo@team.strathfield.com
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