TERMS AND CONDITIONS:

1. General

1.1 If you browse or otherwise access any content or data on the https://www.gershgoods.com.au/ platform (including its website or mobile site) you agree to be bound by these terms

1.2 We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms, should you object to any of our terms of use or other notes on our platform, your sole option is to immediately cease your use of our platform

1.3 We do not warrant that content, links or subdomains contained on or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or subdomain, or re-direct content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time you forward to share them, as they are subject to change at any time without notice to you.

1.4 Gershgoods is responsible to maintain our platform and all related publications produced by us but makes no warranty as to the accuracy or reliability of the information contained therein (including but not limited to any content or information generated on our platform by or on behalf of Gershgoods and any Third Party Content on our website) and Gershgoods and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.

2. Restrictions on use of websites

2.1 In accessing our platform you agree that you will not:

2.1.1 Use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website.

2.1.2 Use any device software, process, or means to interfere or attempt to interfere with the proper working of our website.

2.1.3 Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage.

2.1.4 Transmit spam, chain letters, contests, junk email, surveys or other mass messaging whether commercial in nature or not.

2.1.5 Use our platform or any content from our platform in any manner which is in our sole opinion, not reasonable and/or not for the purpose which it is made available.

2.1.6 Violate the rights or any person including copyright, trade secret, privacy right or any other intellectual property or proprietary right.

2.1.7 Pose as any person or entity or attempt to solicit money, passwords or personal information from any persons.

2.1.8 Act in violation of any Term of Use or other condition posed by us or any applicable law.

2.1.9 Transmit or attempt to transmit any computer viruses, worms, defects, Trojan Horses or other items of destructive nature.

2.2 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including but not limited to technological barriers or reporting your conduct to any person or entity.

3. Copyright

3.1 The subject matter available on our platform and publications is subject to copyright. All contents of this website, including the software, design, text and graphics are owned by or licensed to us and are protected by copyright under the laws of Australia and other countries. Apart from fair dealings for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.

3.2 Apart from fair dealing permitted by the Copyright Act 1968 Gershgoods grants visitors to the site permission to download copyrighted material only for private and non-commercial purposes. For reproduction or use of our copyrighted material beyond such use, written permission must be obtained in writing directly from Gershgoods or the relevant copyright owner. If you are given permission it will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted in whole or in part.

4. Trademarks

4.1 This website includes trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks without our written consent.

5. Third Party Links in Advertising

5.1 Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform to some of our customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of Gershgoods. When you link to those websites you leave our platform and do so entirely at your own risk. Gershgoods and related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites You undertake to indemnify Gershgoods and related entities, directors, officers and agents from all liability and for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. Display of advertising does not imply an endorsement or recommendation by Gershgoods.

6. Uploaded Material

6.1 In this section, uploaded material means information including data, text, video, still images, audio or any other material that Gershgoods has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.

6.2 Gershgoods may at any time without liability to you, remove, alter or disable access to any or all of your uploaded material in its sole discretion without prior notice to you. The reasons for removing any uploaded material include but are not limited to:

6.2.1 Those contributions that are in breach of any law or regulation.

6.2.2 Those uploaded materials infringe the intellectual property rights of any third party.

6.2.3 Is required to do so by a regulatory body or relevant authority pursuant to any interim or final takedown notice

6.2.4 The contributions are:

6.2.4.1 Misleading or deceptive.

6.2.4.2 Inappropriate having regard to the purpose of our platform.

6.2.4.3 Likely to cause offence.

6.2.4.4 Materially incorrect.

6.2.4.5 Obscene.

6.2.4.6 Defamatory.

6.2.4.7 Otherwise unlawful.

6.2.4.8 Corrupted to the presence of a virus or other disabling code.

6.3 You retain all of your ownership rights in your uploaded material. Gershgoods is under no obligation to treat your uploaded material as proprietary material.

6.4 In the event that any uploaded material is deemed to be of a proprietary nature, you grant Gershgoods a worldwide, non-exclusive, royalty free, perpetual, transferable and irrevocable licence to use or reproduce your uploaded material throughout the world in any medium. You also grant each user of our platform a non-exclusive licence to use or reproduce your uploaded material as permitted by Gershgoods and these terms.

6.5 You grant Gershgoods, in respect of your uploaded material, the right to use your name or the name you submit with your uploaded material and the right to represent and warrant that:

6.5.1 You own and control all the rights to the uploaded material; or

6.5.2 You have the lawful right including all necessary licences, rights, consents and permissions to use and authorise Gershgoods to display the contributions.

6.6 You understand that when accessing our platform you may be exposed to the uploaded material of other users of our platform. You acknowledge and agree that Gershgoods does not have the control of and is not responsible for the uploaded material of other parties. You release Gershgoods from any claims that you could assert against Gershgoods relating to or in connection with that uploaded material.

6.7 You represent and warrant that:

6.7.1 You have the lawful right including all necessary licences, rights, consents and permissions to use and authorise Gershgoods to display your contributions; and

6.7.2 You will not make any contributions that:

6.7.2.1 Infringe the intellectual property rights of any third party and you agree to pay all royalties, fees or monies payable by reason of any uploaded material by you.

6.7.2.2 Are misleading or deceptive.

6.7.2.3 Are materially incorrect.

6.7.2.4 Are likely to cause offence.

6.7.2.5 Are obscene including pornographic, hateful, racially or ethnically offensive material.

6.7.2.6 Are defamatory.

6.7.2.7 Are otherwise unlawful or encourage unlawful conduct.

6.7.2.8 Are otherwise inappropriate having regard to the purpose of our platform.

7. Third Party Content

7.1 Our platform contains content provided to Gershgoods by third parties. Gershgoods is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning the contents of third party content. Third party content does not represent the views of Gershgoods. You rely on third party content completely are your own risk and indemnify Gershgoods in relation to same.

8. Further Warranties

8.1 You represent and warrant that:
8.1.1 Your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time.

8.1.2 You will make sure that you keep your username and password by which you access Gershgoods confidential and secure at all times.

8.1.3 You accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributed to Gershgoods.
9. Indemnity

9.1 You agree to indemnify and hold Gershgoods and its affiliates against any and all loss, liability, claim or demand (including costs) arising out of or in connection with your use of and access to our platform while making uploaded material not in accordance with these terms.

10. Policy for Linking to our Website

10.1 You may only link to content on our platform if we consent. If we do not allow you to link to our platform it is a condition that you do not:

10.1.1 Attribute a link to Gershgoods content as being a link to your own or someone else’s content.

10.1.2 Attribute a link to our site and then link somewhere else.

10.1.3 Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.

10.1.4 We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you.

10.1.5 We reserve complete discretion in relation to our exercise of this right which may be due to the matters or circumstances above or any other matter or circumstance we consider reasonable.

11. Limitation of Liability

11.1 You agree to indemnify Gershgoods and all of its associated entities in relation to any claim you may have in relation to the terms outlined in this document, but for those rights and remedies you would retain under the Commonwealth Competition and Consumer Act 2010 and any subsequent state legislation.

11.2 In no event shall Gershgoods be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of good will, loss of customers, loss of capital, down time costs, loss of profit, loss of or damage to reputation, loss under or in relation to any contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with this agreement or the websites.

12. Jurisdiction

12.1 Your use of our platform, these terms, our privacy policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of New South Wales, Australia and by using our platform you irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales.

13. Termination

13.1 If, in our reasonable opinion, you fail to comply with or explicitly breach any of these terms and conditions of use of our website, we may terminate or limit your access to this website without further notice to you.