Terms of service

Mobile Online Platform and Website Terms and Conditions of Use

1. About the Online Platform

1.1.
These Terms and Conditions of Use (Terms) are between you and Goldee Pty Ltd (ACN 669 833 925) (‘Goldee’, ‘us’, ‘our’ or ‘we’) and governs the use of the Online Platform and services offered by Goldee.

1.2.
These terms and conditions apply to any website, social media accounts, applications, software and other technological products and services operated by us (Online Platforms).

1.3.
Access to and use of the Online Platform is provided by Goldee. Please read these Terms carefully. By using, browsing and/or reading the Online Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Online Platforms or any of the Online Platform Services immediately.

1.4.
Goldee reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Goldee updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Online Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Goldee in the user interface.

3. Registration

3.1.
In order to use the Online Platform, you may be required to register for an account through the Online Platform.

3.2.
As part of the registration process, or as part of your continued use of the Online Platform, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) first and last name;

(b) an email address;

(d) a mailing address;

(e) a telephone number;

(f) a password (which will not be visible to Goldee).

3.3.
You warrant that any information you give to Goldee in the course of completing the registration process will always be accurate, correct and up to date.

3.4.
Once you have completed the registration process, you will be a registered user of the Online Platform and agree to be bound by the Terms.

3.5.
You may not use the Online Platform and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Goldee; or

(b) you are a person barred from receiving the Online Platform Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Online Platform Services.

4. Third Party Services

4.1.
You may be able to register an account through the Online Platform by using a login associated with third party services such as Facebook or other social media platforms (“TPS”).

4.2.
Goldee does not guarantee the availability or ability of users to access the Online Platform using TPS.

4.3.
As part of the functionality of the Online Platform you may also be required to connect your profile with a TPS by:

(a) providing the TPS login information to Goldee through the Online Platform; or

(b) allowing Goldee to access your TPS in accordance with its terms and conditions of service.

4.4.
You may disconnect the connection between the Online Platform and the TPS at any time.

4.5.
Where you connect and/or register a profile using a TPS, you authorise Goldee to use data from that TPS to create your profile on the Online Platform and to ensure the functionality of the Online Platform.

4.6.
Goldee has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.

5. Your obligations as a user

5.1.
As a user of the Online Platform, you agree to comply with the following:

(a) you will use the Online Platform and transact the Online Platform Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you are responsible for all costs and expenses associated with downloading, installing, running, accessing or using the Online Platform including but not limited to hardware, software and data usage expenses;

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate suspension or cancellation of your account;

(d) the information provided on your account will always be accurate, correct and up to date;

(e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Goldee of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(f) you must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;

(g) any content that you broadcast, publish, upload, transmit, post or distribute on the Online Platform (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;

(h) you agree not to harass, impersonate, stalk, threaten another user of the Online Platform (where interaction with other users is made available to you);

(i) you agree not to broadcast, publish, upload, transmit, post or distribute on the Online Platform abusive or objectionable content, including but not limited to discriminatory, racists, pornographic, threatening or abusive material;

(j) access and use of the Online Platform is limited, non-transferable and allows for the sole use of the Online Platform by you;

(k) you must not tamper with or hinder the operation of the Online Platform, nor transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Online Platform;

(l) you will not use the Online Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by Goldee;

(m) you will not use the Online Platform for any illegal and/or unauthorised use which includes (but is not limited to) collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Online Platform;

(n) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from user profiles without notice and may result in termination of your account. Appropriate legal action will be taken by Goldee for any illegal or unauthorised use of the Online Platform; and

(o) you acknowledge and agree that any automated use of the Online Platform or its Online Platform Services is prohibited.

6. Payments

6.1.
For the purposes of this clause, a “Paid Subscription” means a paid subscription period that is displayed on the Online Platform from time to time.

6.2.
If applicable, you may purchase a Paid Subscription from Goldee or through a third party by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.

6.3.
Tax rates are calculated based on the information you provide and the applicable rate at the time payment is made.

6.4.
Goldee may from time to time change the price for the Paid Subscriptions and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Online Platform after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

6.5.
Your payment to Goldee will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. We do not provide refunds or credits for any partial subscription periods.

7. Copyright and Intellectual Property

7.1.
For the purposes of this clause, Intellectual Property Rights means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

7.2.
Unless specified otherwise in these Terms:

(a) Intellectual Property Rights owned by you in Your Content you provide to the Online Platform will remain your property, and Goldee acknowledges that nothing in these Terms transfers title in or ownership of any of Your Content to Goldee;

(b) Intellectual Property Rights owned by Goldee in the Online Platform and the Online Platform Services will remain the property of Goldee, and you acknowledge that nothing in these Terms transfers title in or ownership of any content or data in the Online Platform or the Online Platform Services to you;

7.3.
The Online Platform, the Online Platform Services and all of the related products and services of Goldee are subject to copyright. The material on the Online Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all Intellectual Property Rights (including copyright) in connection with the compilation of the Online Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Online Platform, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Goldee and other lawful owners of intellectual property.

7.4.
All trademarks, service marks and trade names are owned, registered and/or licensed by Goldee, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:

(a) use the Online Platform pursuant to the Terms;

(b) copy and store the Online Platform and the material contained in the Online Platform in your device’s cache memory; and

7.5.
Goldee does not grant you any other rights whatsoever in relation to the Online Platform or the Online Platform Services. All other rights are expressly reserved by Goldee.

7.6.
You may not, without the prior written permission of Goldee (such permission is implied if the functionality of the Online Platform allows) and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Online Platform or third party Online Platform Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Online Platform which are freely available for re-use or are in the public domain.

7.7.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Online Platform, then you grant to Goldee a non-exclusive, non-transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public Your Content.

7.8.
Despite clause 7.7, nothing in these Terms prevents you from deleting or requesting Goldee to delete Your Content from the Online Platform, in which case Goldee will use its reasonable endeavours to delete and remove Your Content.

7.9.
Goldee reserves the right to filter, modify, publish and permanently remove Your Content on the Online Platform in its sole and unfettered discretion

7.10.
To the extent permitted by law, Goldee accepts no liability for the accuracy of any information made available using the Online Platform. Any reliance on the information available through the Online Platform is at the user’s own risk.

7.11.
Goldee is under no obligation to maintain, back-up or store Your Content.

You agree to release, indemnify and hold Goldee harmless for any loss, damage, cost or expense that Goldee may suffer or incur as a result of or in connection with Your Content transmitted, posted, distributed, shown or played in connection with the Online Platform.

8. Privacy

Goldee takes your privacy seriously and any information provided through your use of the Online Platform and/or Online Platform Services are subject to Goldee’s Privacy Policy, which is available via the Online Platform.

9. General Disclaimer

9.1.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2.
Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Goldee we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Online Platform or these Terms (including as a result of not being able to use the Online Platform or the Online Platform Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3.
Everything on the Online Platform is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Goldee make any express or implied representation or warranty about the Online Platform, the Online Platform Services or any products or services (including the products or services of Goldee) referred to on the Online Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Online Platform, the Online Platform Services, or any of its related products and services (including third party material and advertisements on the Online Platform);

(c) costs incurred as a result of you using the Online Platform, the Online Platform Services or any products and services of Goldee; and

(d) the Online Platform Services or operation in respect to links which are provided for your convenience.

10. Limitation of Liability

10.1.
To the extent permitted by law, Goldee’s total liability arising out of or in connection with the Online Platform or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Online Platform to you.

10.2.
To the extent permitted by law, you expressly understand and agree that Goldee, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10.3.
To the extent permitted by law, Goldee’s liability is reduced proportionately in the event that the you contributed to any claim or loss suffered by you.

11. Indemnity

11.1.
To the extent permitted by law, you agree to indemnify Goldee, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with you accessing, using or transacting on the Online Platform or attempts to do so; and/or

12. Termination of Contract

12.1.
If you want to terminate the Terms, you may do so at any time by providing Goldee with notice of your intention to terminate by sending notice of your intention to terminate to Goldee via the ‘Contact Us’ link on our homepage or via the application.

12.2.
Goldee may at any time and upon notice, terminate the Terms:

(a) at its discretion;

(b) if you have breached any provision of the Terms or intend to breach any provision;

(d) if Goldee is transitioning to no longer providing the Online Platform to users in the country in which you are resident or from which you use the service.

12.3.
Goldee reserves the right at any time to suspend, modify or discontinue, temporarily or permanently, the Online Platform (or any part thereof) with or without notice.

12.4.
Subject to applicable laws, Goldee reserves the right to discontinue or cancel your account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Online Platform without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Goldee‘s name or reputation or violates the rights of those of another party.

12.5.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Goldee have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Competitors

If you are in the business of providing similar products and services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Goldee. Competitors are not permitted to use or access any information or content on our Online Platform. If you breach this provision, Goldee will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

14. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Online Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

17. Variation

17.1.
Goldee reserves the right to amend these Terms from time to time. Such amendments will be either:

(a) published on the Online Platform;

(b) emailed to you;

17.2.
The effect of any amendments will come into force within a period which is no less than two (2) weeks from the date the amendments are published or you are notified pursuant to clause 17.1 or unless stated otherwise by Goldee in any notification.

Version Date: January 2024