Buyer's Terms And Conditions

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website available at the URL www.gozappi.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

The Site and the provided products and services are delivered by the OMP Pty Ltd team (hereinafter referred to as “Gozappi”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Gozappi and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Gozappi reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.gozappi.com.au/terms-and-conditions. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here.

Henceforth, by accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein.

 

Table of Contents

User Conduct 2

Age Restriction. 2

Parental Notice. 3

Services Offered. 3

Your Personal Information. 3

Information You Provide. 4

Refunds on Purchase of Gozappi Goods. 4

Platform, Buyers, Sellers. 4

Coupons. 4

Purchases. 5

Delivery, Pickup and In-store Services. 6

Sharing Personal Data. 6

Buyer Seller Connection, Information Sharing. 7

Product Guidelines. 7

Refunds for coupons purchases from the Gozappi Marketplace. 7

Buyer Refunds for purchases made on seller’s store. 8

Users (Buyers) Partial Refunds. 8

Refunding Physical Product 8

Commission Programs And Affiliate Programs. 8

Billing Terms for Sellers and Buyers. 8

Limited License. 9

User Generated Content License. 9

Feedback License. 10

Updates & Amendments. 10

User Support 10

Prohibited Activities. 10

No Spam.. 11

Term, Termination. 11

User Privacy. 11

No endorsement 11

Disclaimer of Warranty. 12

Limitation of Liability. 13

Indemnification. 13

Third Party Links. 14

Termination. 14

Changes to the Agreement 14

Your Representation And Warranties. 14

Severability. 15

Assignment 15

Force Majeure. 15

Headings. 15

Entire Agreement 15

Equitable remedies. 16

Language. 16

Severability. 16

No Waiver 16

Applicable Law, Dispute Resolution. 16

Contact Us. 16

 

 

 

User Conduct

You agree not to use or attempt to use the Website or any software provided by Gozappi, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Gozappi. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Gozapi’s reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Gozappi or any third party;
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Gozappi’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
  4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Gozappi, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
  5. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.

You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Gozappi or otherwise.

Age Restriction

Gozappi is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age within your State or Country of residence, operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Parental Notice

  • Gozappi encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Gozappi does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian. Users are prohibited from providing Gozappi with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.
  • Gozappi does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto. For more information, please read our Privacy Policy.

Services Offered

  • Gozappi is an online marketplace where users can purchase quality products sourced directly from third party, selected providers. Overall, we offer a cloud-based platform to easily allow providers to create their e-commerce store and publish their offers to our marketplace and get instant traffic to their e-commerce store from our marketplace.
  • Gozappi is not the vendor / seller; we are the platform owner only, and we provide platform for our sellers and charge them a fee for use of our platform.
  • Accordingly, Gozappi agrees to furnish its online e-commerce services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.
  • Subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services, only as permitted by the features thereof and by these Terms. Gozappi hereby reserves all rights not expressly granted herein in the Service. Gozappi may terminate this authorization at any time and for any reason.
  • Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. Therefore if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at https://www.gozappi.com.au/privacy-policy . Gozappi reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time.

Information You Provide

  • As a Gozappi user, you will be required to create an account with Gozappi. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.
  • You are responsible for maintaining the confidentiality of any password you may use to access your user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party.
  • You are fully responsible for all transactions with, and information conveyed to, Gozappi under your user account. You agree to immediately notify Gozappi of any unauthorized use of your password or user name or any other breach of security related to your user account.
  • You agree that Gozappi is not liable, and you will not hold Gozappi accountable, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Refunds on Purchase of Gozappi Goods

If you have purchased a “hard good” (for example, a book or other tangible product) from Gozappi or any related brands, you may receive a limited refund if you comply with the following conditions:

  1. You must request a refund in writing by contacting info@gozappi.com.au
  2. Your request for a refund must be made within thirty (30) days of your purchase;
  3. You must return the hard goods to Gozappi immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
  4. The hard goods must be returned to Gozappi in like-new, or re-sellable condition, as determined in Gozappi’s sole, reasonable discretion.

Platform, Buyers, Sellers

We make express note that the products offered through the marketplace are offered by third parties, and not by Gozappi. Henceforth, the following rules are of general nature, and will apply to buyer’s purchase of products from sellers. Besides the payment processing infrastructure, which is provided by Gozappi, all product offer, sale, purchase, delivery, approval and/or refunds, lies with the buyer and seller, as applicable. Gozappi will not hold final responsibility.

Coupons

  • The offers in the marketplace are delivered to buyers in a form of coupons. For example, if a buyer purchases one coffee and gets one for free, they are in fact, purchasing 2 coffee coupons from seller. Upon successful payment on our platform, the coupons purchased will be listed in the buyer’s module.
  • The recipient of each gift will need to also redeem the coupon before the explicit expiry date. Coupons will be void after the expiry date – no refunds will be available.
  • Buyers can redeem the coupons or gift them to their contacts (other users) that are connected with them before the expiry date. Once gifted, each coupon will be moved from buyer’s module. After the expiry date, coupons will no longer be redeemable.

Purchases

  • The receipt of the order is recorded and confirmed by the Site, with the sending of an e-mail to the address indicated by the buyer during registration. Please keep the email until you receive the purchased product(s).
  • All our sellers will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Gozappi cannot fully guarantee such information.
  • Accordingly, the products and services provided by sellers via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Gozappi.
  • While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by sellers, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.
  • Please be advised that the color of actual products may or will vary to the one displayed on your monitor. We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any color accurately.
  • Gozappi does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g. this gold does not looks as shiny as the old weeding ring of my mother).
  • Gozappi does not make any representation or warranty regarding the texture or color of the items, the way in which they will fit your hand, finger, body size and/or type, nor for the craftsmanship, merit and other artistic characteristics of the products offered via the Site.
  • There may be occasions where a product that is listed by sellers has been incorrectly listed (e.g. typographical error, hand error or system error). In such case, Gozappi hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If the payment processing method has already been charged, Gozappi may cancel the order and issue a refund or credit in the amount of the incorrect price.

Delivery, Pickup and In-store Services

  • As a platform provider, Gozappi offers the features to enable our sellers to provide Delivery, Pickup or In-store purchasing services. For the avoidance of doubt, we do not offer delivery services ourselves.
  • The products sold through our platform are offered by our third party sellers, who will offer delivery and set charges by distance for such services on a case by case basis.
  • Please remember that not all sellers offer tracking number for courier services, and that you will need to contact them for updates on your order.
  • Some sellers may deliver the product or service personally to buyers (e.g. Restuarants, and florists).
  • Some of our sellers may allow pickup for certain products. In this case, the buyers will be able to select same day pick-up or select a future date and time during the checkout process.
  • Some of our sellers may set a delivery or pick-up delay time on the orders. For example; cafes and restuarants may want to set a delay time of 30 minutes from time of order, which means that food will not be delivered until 30 minutes after order).
  • Please take into account that Gozappi will not be responsible for any delays, additional expenses, customs fees and any problems caused by an third party logistics providers.
  • In the future we may implement a calculator for shipping times and cost, which may help you decide before each completed order, as well as to keep you updated via parcel tracking technology integrated into the Site.
  • For international shipping, buyers will need to contact the seller and negotiate such arrangement with the seller separately before making a purchase.
  • It is made note that all items are subject to availability, and seller will inform you if the selected products are out of stock.
  • Depending on your place of residence, seller may collect taxes on orders placed. Tax obligations are not optional.
  • For valuable items, Gozappi recommends that you arrange with seller to purchase shipping insurance.
  • Our sellers may not be able to ship items to certain regions and countries, and therefore you should reject orders with delivery addresses in such countries.

Sharing Personal Data

  • Buyers will be able to share their personal data to sellers in our platform via their settings area, where they can either make the information private or public. Buyers can make their information private and in that case, seller will not be able to see their personal details.
  • Feedback provided by buyers will be visible to all users. Generic user information such as username and first name will be visible to sellers and other buyers. For more information, please check our Privacy Policy.

Buyer Seller Connection, Information Sharing

  1. When a buyer either follows the sellers store or add sellers offer to their wishlist or being a customer of the seller, they are connected to the seller. When they are connected, the seller will be able to send the buyer user instant messages and email them.
  2. There is a social media component in our platform, where buyers and sellers may invite other users to connect with them. Those who are connected with them will be able to view their wishlist and their list of preferred sellers as well as see their posts.
  3. Sellers can add new contacts or import a list of contacts to their seller account. We require checking a box confirming that they have permission to send these contacts an email. Once the contacts have been added or imported, they will receive an email to visit the sellers store, connect and signup as a buyer user. If any of these contacts signup via the seller’s email link, two things will happen:
  • This new user will be connected with the seller as a “gold prospect”, which will mean that the seller will be rewarded a percentage from all purchases made by their prospects from any seller on the marketplace; and
  • The seller will be able to send emails to this new user.

Product Guidelines

All our sellers will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Gozappi cannot fully guarantee such information.

Refunds for coupons purchases from the Gozappi Marketplace

  • Once the buyer has successfully made a purchase, the seller is responsible to deliver the product or service. All purchases have an automatic cool-off period of 7 days. After such period, all purchases are automatically accepted and will remain final. After the refund cooling off period, money from the purchase will be transferred to the seller’s account.
  • Disputes regarding the delivery of products or services should be made through our platform before the automatic cooling-off period of 7 days. After such period, the buyer will need to contact the seller.
  • For the avoidance of doubt, should the seller be unable to deliver the agreed purchase (i.e. if he runs out of stock, closes down its business or for other reason), Gozappi will not be responsible. We are only a digital platform that allows buyers and sellers to contact and transact among themselves. Buyers ought to undertake their own due diligence.
  • In the case of a successful refund, the buyer will receive the full price of order back, less service fees and merchant fees. In such case, the seller would not receive anything. If the refund is approved, Gozappi will transfer the refund within 8-12 days from the date we approve it.

Buyer Refunds for purchases made on seller’s store

  • Refund for purchases made from seller’s store will need to be negotiated directly with the seller. We are only a digital platform that allows buyers and sellers to contact and transact among themselves. Buyers ought to undertake their own due diligence.

Users (Buyers) Partial Refunds

  • A partial refund occurs when a buyer has already redeemed some of their purchased coupons and then requested a refund for the remaining balance, which will be automatically approved by Gozappi’s platform if the refund request is within the refund period.
  • In such case, the amount refunded to the buyer will only be for the unused portion of the coupon less fees and charges.
  • The seller will be paid for the used portion, less service fees and merchant fees.

Refunding Physical Product

  • Buyers should keep in mind that they will generally have to pay for the shipping and/or insurance on the shipment back to seller.
  • Buyers should include a description of the items in question, including the reason refund, their name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages.

Commission Programs And Affiliate Programs

  • Gozappi may offer you an opportunity to become an independent Gozappi Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Gozappi accounts that you sell to other users. Gozappi reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Gozappi Affiliate Agreement.
  • For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Gozappi. Affiliates have no authority to act on behalf of or bind Gozappi. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred.
  • To find out more information about the Affiliate program and the additional terms that apply, please refer to the Gozappi Affiliate Agreement. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.

Billing Terms for Sellers and Buyers

  • Buyers can open and operate their accounts for free. We use payment platforms provided by globally accepted third-party payment processors. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Gozappi is not responsible for any and all errors, fees and currency conversions fees by such payment processors, which include, but are not limited to: Stripe.
  • Such third party payment transaction processors have enacted their own terms of use, user agreements and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
  • If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us. After such order or transaction is complete, your purchase transaction information will be deleted.

Limited License

Gozappi grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services and our platform. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using our platform, in whole or in part. Gozappi does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to commercially exploit, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded content, in whole or in part.

No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Gozappi trademark and logo are proprietary marks of Gozappi, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Gozappi.

User Generated Content License

Both buyers and sellers hereby grant Gozappi an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute; any content (e.g. test, data, tables, contact files, audio, video, logos, images, original audio file, text) you may upload, disseminate, deliver, create, transfer or otherwise any content delivered to Gozappi via the Services. You represent and warrant to Gozappi that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Gozappi as set forth herein.

You may request us a copy of the user data submitted to us, and we will use our commercial efforts to provide you with a copy, within a reasonable timeframe.

Feedback License

You hereby grant Gozappi an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Gozappi.

Updates & Amendments

Gozappi reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

User Support

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated in our contact us page. We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.

Prohibited Activities

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

  • Infringe these Terms, or allow, encourage or facilitate others to do so.
  • Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  • Republish, sell, rent or sub-license content or materials from the Site without our authorization.
  • Reproduce, duplicate or copy material from the Site without our authorization.
  • Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  • Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Gozappi or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  • Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
  • Undertake any action that will or may cause an unreasonable load on Gozappi’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Gozappi.
  • Intercept or monitor activity via our Site or Services, without our express authorization.
  • Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.

No Spam

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Privacy Policy for more information.

Term, Termination

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Gozappi begins providing its Services to you. The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Gozappi’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Gozappi to you from time to time; or (v) Gozappi’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

User Privacy

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.

No endorsement

The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect Gozappi’ opinions, nor do Gozappi, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

 

You acknowledge and agree that Gozappi shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

Disclaimer of Warranty

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Gozappi, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall Gozappi, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Gozappi, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL GOZAPPI OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER GOZAPPI HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

In no event shall Gozappi’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of AUD$150.00 (One Hundred and Fifty Australian Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Gozappi, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

 

You agree and acknowledge to indemnify, hold harmless, and defend Gozappi, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Gozappi’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Gozappi’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Gozappi); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Third Party Links

The Website may contain links to other websites. Gozappi assumes no responsibility for the content or functionality of any non-Gozappi website to which we provide a link. Please see our Privacy Statement for more details.

Termination

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Gozappi or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Upon termination, you remain responsible for any outstanding payments to Gozappi.

Changes to the Agreement

You can review the most current version of the Terms at any time at https://marketplace.gozappi.com/terms-and-condition. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statements by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

Your Representation And Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website.

You further represent that Gozappi has the right to rely upon all information provided to Gozappi by you, and Gozappi may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Gozappi of the same within 24 hours. Gozappi, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Gozappi without incurring any obligation or liability to you.

Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

Assignment

These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Gozappi’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure

Gozappi is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Gozappi' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings

The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Gozappi and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Gozappi. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Equitable remedies

You hereby acknowledge and agree that if these Terms are not specifically enforced, Gozappi will be irreparably damaged, and therefore you agree that Gozappi shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language

These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Waiver

Failure by Gozappi to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof. Nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Gozappi.

Applicable Law, Dispute Resolution.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in Australia. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of Australia will govern these Terms and any claim, without regard to conflict of law provisions.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Contact Us

We encourage our customers to contact us with questions or comments about our products and services.

If you have any questions or inquiries concerning any of the Terms, you may contact Gozappi by email at info@gozappi.com.au

 

Date of last effective update is December 19, 2020.