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Revised: 9 September 2016

Welcome to GoGov, a website owned and operated by Stretch Digital Pty Ltd (ABN 53 608 572 087) (“GoGov”).

These Terms and Conditions apply to general users of the website at https://www.gogov.com.au ("Website"). The terms of service applicable to fee for service customers and clients of GoGov are set out in an additional and separate specific agreements, eg in the 12 Month Premium Profile Agreement.

Please read these Terms and Conditions carefully before accessing or using the Website.

1.  DEFINITIONS

1.1 You” and “your” refer to all general users of the Website, and “we”, “us” and “our” refer to GoGov.

1.2 "Content" means:

(a) information, materials and products, and all copyright protected or otherwise legally protectable elements and functions of the Website including the selection, sequence, look and feel, layout and arrangement of items on the Website;

(b) all digital files (whether graphics, plans, illustrations, designs, images, photographs, animations, data, text and information) and products provided on the Website; and

(c) associated metadata (including information about the file author and any editorial content data; and intellectual property notices).

2. LEGALLY BINDING CONTRACT

2.1 The terms and conditions in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.

2.2 These Terms and Conditions constitute a binding legal contract between you and GoGov. You will be legally bound when you use this Website, click an "I agree," "I consent," or other similarly worded "button", check box or entry field on the Website with your mouse, finger, keystroke, or other data entry mechanism. Those actions are a legal equivalent of your handwritten signature.

2.3 The Website and these Terms and Conditions may change without notice, so do check them from time to time. A revision date appears at the beginning of the Terms and Conditions specifying the date of the last revision.

2.4 If GoGov develops revised terms and conditions, then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised terms and conditions. If you do not agree with any change or revision of applicable terms and conditions at any time, do not access, use, upload, submit information to or download from the Website.

2.5 Specific Website functions, facilities, features, sections, areas, communities, discussion groups, modules, services, sections, menus, offerings and incentives may have provisions or agreements additional to these Terms and Conditions. Those additional provisions must be read with these Terms and Conditions. If there is an inconsistency between such provisions and these Terms and Conditions then the provisions of these Terms and Conditions will prevail to the extent of such inconsistency and the parties must take all necessary steps to remove that inconsistency.

2.6 You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms and Conditions or you represent you are a minor over the age of 16 and warrant that you have obtained parental consent.

3. LICENSE, PERMITTED USE AND PROHIBITIONS

3.1 Your use of the Website must not breach these Terms and Conditions.

3.2 You may not:

(a) harvest or collect user information or email addresses from the Website for commercial or unlawful use or unsolicited communications;

(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person, organisation or entity; or

(c) use automated scripts to collect information from or otherwise interact with the Website or its users.

4. INTELLECTUAL PROPERTY

4.1 The Content and any alerts, newsletters, broadcast emails or other materials associated with the Website are the property of GoGov or their respective owners, unless noted otherwise.

4.2 The Website is protected by law including copyright in any layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website may be used, copied, modified, changed, distributed, republished or transmitted, except for permitted uses. All rights not specifically and expressly granted in these Terms and Conditions or on the Website are reserved by GoGov or their respective owners.

4.3 For any written permissions, email GoGov (see email address on the Website) or the relevant copyright owner or controller.

4.4 All names, logos and signs on the Website are the trade marks of their respective owners. This is our trade mark: GoGov™.

5. LICENSE AND CONSENT

5.1 By posting any communication to the Website (eg comment, enquiry, rating, forum post or other message), you automatically grant to GoGov, its licensees and assigns an irrevocable, perpetual, non-exclusive, free of charge licence throughout the world for the purposes of using, publishing and displaying that communication.

5.2 You irrevocably consent to all GoGov’s acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that communication or any uploaded Content. Specifically you consent to GoGov’s, or others authorised by GoGov, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that communication or Content and combination of it with other material.

5.3 GoGov accepts no liability for such communication. It is the opinion, responsibility and legal liability of its maker or poster.

5.4 It is a condition of your access to the Website, that you must not post any such communication that in GoGov’s opinion is:

(a) in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Website by others;

(b) involving you in contacting anyone who has asked not to be contacted;

(c) defamatory or derogatory of other persons;

(d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in the Copyright Act 1968 (Cth));

(e) untrue, misleading or deceptive;

(f) discriminatory, offensive or capable of inciting violence or hatred;

(g) in breach of any applicable laws or regulations;

(h) using offensive language;

(i) using a misleading email address or otherwise manipulates identifiers which disguise the origin of information communicated or transmitted through the Website;

(j) an intentional post in an irrelevant category or thread or involving an off the topic comment, a repeated post with the same or similar information unless it is a recurring activity, or an otherwise unreasonable load on the Website;

(k) an attempt to gain unauthorised access to GoGov’s computer systems or activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or

(l) a file or code containing a virus, trojan, malware or worm.

5.5 In Australia and other countries, feedback, ratings and comments may be defamatory. GoGov accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from feedback, ratings or comments. You release forever and indemnify GoGov from any liability for any feedback, ratings or comments by you on the Website.

5.6 As regards your personal information, information relating to your IP address, or other data submitted or posted by you, GoGov may in certain cases be legally obligated to disclose such data to law enforcement agencies, intellectual property owners and others. GoGov may disclose such data as legally required or at its discretion following review by us.

6. THIRD PARTY PRODUCTS AND SERVICES

No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by GoGov, and we are not responsible to you for any transactions you have with any third party.

7. LINKS POLICY

You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.

8. INDEMNITY

You indemnify GoGov from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms and Conditions, or any demand or complaint made by another user against you for any comment, submission, post or material made or added by you or authorised by you for the Website.

9. DISCLAIMERS AND LIABILITY

9.1 The Competition and Consumer Act 2010 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms and Conditions, the disclaimers and limitations specified in these Terms and Conditions only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.

9.2 The Website is provided for informational purposes only and is not intended as professional advice, or as a substitute for the professional advice. You should not act on the basis of anything contained on the Website without first obtaining any necessary or prudent professional advice.

9.3 All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Website is at your risk. The Website is provided “as is” and you accept and use it at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of the Website, except as expressly specified in these Terms and Conditions.

9.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in these Terms and Conditions, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Website and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Website will be uninterrupted or error-free, except as may be expressly specified in these Terms and Conditions.

9.5 GoGov, its affiliates, related bodies corporate, directors, officers, agents, employees, contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website make no representation and accept no responsibility or liability for:

(a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not;

(b) loss of data, theft, delays, non-deliveries, misdeliveries, or service interruptions caused by their negligence, errors or omissions;

(c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to you or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or

(d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);

whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment or any other legal theory, arising out of the delivery, installation, training, use, performance or support of the Website or if you use, upload, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.

9.6 The disclaimers limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all content on the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website.

10. TERMINATION

Without limitation to other provisions in these Terms and Conditions, GoGov may at its discretion refuse to provide your IP address with access to this website, or may suspend or terminate any access or account you may seek or have for the Website. GoGov may do so, for example but without limitation, if it believes you will breach or have breached these Terms and Conditions or have submitted false, inaccurate, untrue, unauthorised or incomplete information or Content; if a request is made by law enforcement or other government or regulatory authorities; or due to technical difficulties. Further, these Terms and Conditions are revocable at any time without notice and with or without cause.

11. CONSTRUCTIONS 

In these Terms and Conditions, unless the context otherwise requires:

(a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;

(b) a reference to these Terms and Conditions is a reference to these Terms and Conditions as may be varied, supplemented, novated, or replaced from time to time;

(c) words in the singular number include the plural and vice versa;

(d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;

(e) "including" and like terms mean "including but not limited to";

(f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and

(g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted these Terms and Conditions or part of it.

12. PRIVACY POLICY

By using the Website, you acknowledge that you have read our privacy policy statement and consent to it.

13. GENERAL

13.1 Relationship of Parties

Nothing in these Terms and Conditions is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.

13.2 Limitation

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.

13.3 Composition

These Terms and Conditions constitute the entire agreement of the parties about its subject matter. The terms of service applicable to fee for service customers and clients of GoGov are set out in an additional and separate specific agreements, eg in the 12 Month Premium Profile Agreement.

13.4 Variation

These Terms and Conditions or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.

13.5 Waiver

No provision of these Terms and Conditions is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.

13.6 Severability

If a provision, or part of it, of these Terms and Conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms and Conditions will otherwise remain in full force.

13.7 Governing Law and Jurisdiction

These Terms and Conditions must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Copyright © GoGov 2016. All rights reserved.

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