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Terms and Conditions

GO VIRAL NOW – GENERAL TERMS OF BUSINESS

 

  1. DEFINITIONS

 

In this document:

 

Client means any person to which Go Viral Now provides Services.

 

Intellectual Property Rights means copyright, moral rights, database rights (including sui generis database rights and database copyright), patents (including rights in, and/or to, inventions), design rights and all other intellectual property rights.

 

Services means the services provided by Go Viral Now to a Client and which are generally described in any scope of work provided by Go Viral Now to the Client as that scope of work may be varied from time to time.

 

  1. APPLICATION

 

(a) This document applies to any agreement for the supply of Services by Go Viral Now to the Client and prevails over any other document or communication from the Client unless expressly agreed in writing by Go Viral Now.

 

(b) The agreement between Go Viral Now and the Client may be in writing or verbal or a combination of the two.

 

  1. PAYMENT OF PRICE

 

(a) The Client must pay Go Viral Now for the provision of the Services in accordance with any agreement between Go Viral Now and the Client from time to time.

 

(b) Clause 7 may also apply.

 

  1. CLIENT’S OBLIGATIONS

 

To enable Go Viral Now to provide the Services, the Client must:

 

(a) co-operate with Go Viral Now;

 

(b) promptly provide to Go Viral Now any information reasonably requested by Go Viral Now;

 

(c) comply with any other requirements as agreed between Go Viral Now and the Client; and

 

(d) comply with all statutory requirements – particularly with regard to data protection and confidentiality.

 

  1. GO VIRAL NOW’S OBLIGATIONS

 

Go Viral Now must:

 

(a) provide the Services to the Client with reasonable skill and care and to a reasonable standard in accordance with recognised standards;

 

(b) keep confidential all information which the Client reasonably specifies as being confidential or which Go Viral Now should reasonably recognise as being confidential; and

 

(c) pay on time any persons who provide services to Go Viral Now which assist Go Viral Now to provide the Services to the Client.

 

  1. SUSPENSION AND TERMINATION

 

If the Client fails to:

 

(a) pay on time any money then payable to Go Viral Now; or

 

(b) otherwise fails to comply with any obligation it has to Go Viral Now, including under this document,

 

then Go Viral Now may, by notice to the Client:

 

(c) suspend the provision of the Services until the Client has remedied its default and, if the default is the payment of money, provides a prepayment, bond or other security acceptable to Go Viral Now; and

 

(d) if the Client does not remedy its default within a reasonable time taking into account the nature of the default, terminate the agreement between Go Viral Now and the Client for the Client’s default.

 

  1. PAYMENT ON TERMINATION OR CANCELLATION

 

If:

 

(a) Go Viral Now terminates an agreement between Go Viral Now and a Client for the Client’s default; or

 

(b) a Client cancels its order for the Services before they are fully provided,

 

then the Client must pay to Go Viral Now:

 

(c) any instalments of the contract price then payable by the Client but unpaid; plus

 

(d) any costs which Go Viral Now has then incurred and which are not covered in clause 7(c) including cancellation costs payable to Go Viral Now’s sub-contractors; plus

 

(e) 50% of the costs referred to in clause 7(d).

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

(a) As between Go Viral Now and the Client, Go Viral Now owns all Intellectual Property rights incorporated in the work product provided to the Client as part of the Services.

 

(b) Provided that the Client complies with its obligations under its agreement with Go Viral Now (including the obligations imposed by this document), Go Viral Now will grant to the Client a perpetual non-exclusive royalty free licence to use Go Viral Now’s Intellectual Property rights incorporated in the work product provided to the Client as part of the Services for use by the Client only in connection with its business.

 

(c) The licence referred to in clause 8(b), is personal to the Client and may not be assigned, sub licensed or otherwise shared except to or with a person who acquires all or substantially all of the Client’s business.  The restriction in this clause 8(c) will then apply to that person.

 

  1. COMMUNICATION

 

(a) The Client may communicate with Go Viral Now by email to tess@goviralnow.net or by text or voice (including voicemail) to 0413131202.  Go Viral Now will notify the Client if these details change.

 

(b) Go Viral Now may communicate with the Client by email to the most recent email address or by text or voice (including voicemail) to the last landline or mobile number which the Client notifies to Go Viral Now.  Go Viral Now will notify the Client if these details change. If the Client communicates with Go Viral Now from a new email address, landline or mobile number then Go Viral Now may communicate with the Client using that email address, landline or mobile number.

 

(c) Each of Go Viral Now and the Client may assume that email, text or voicemail communications will be read or heard by the other party no later than 48 hours after they are given.

 

  1. LIMITATION OF LIABILITY

 

(a) Go Viral Now will not be liable for any direct loss or damage suffered by the Client as a result of any negligence, breach of contract or otherwise in connection with the supply of the Services if and to the extent that the direct loss or damage is in excess of the price then paid by the Client to Go Viral Now for the provision of the Services.

 

(b) Go Viral Now will not, in any circumstances, be liable to the Client or any third party for any indirect or consequential loss or other economic loss suffered by the Client or that third party howsoever caused including as a result of any negligence, breach of contract, misrepresentation or otherwise.

 

  1. GOVERNING LAW

 

The agreement between Go Viral Now and the Client will be governed and construed by the law in force in New South Wales and Go Viral Now and the courts in New South Wales will have exclusive jurisdiction in relation to any dispute arising under that agreement.

1. Introduction

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade Marks

The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;

5.4 violate any copyright, trade mark, other applicable Australian or international laws or intellectual property rights of the Website Owner or any other third party;

5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

8. Disclaimer of Liability.

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website.

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General

10.1 Entire Agreement.

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

10.2 Alteration

the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver.

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession.

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability.

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.