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Gopher Terms

Terms of Use - Users

Gopherwa.com.au is managed and owned by Gopher Australia Ltd ("Gopher").

Thanks for using gopherwa.com.au (the "website"). This page states the terms and conditions (the "terms" or the "agreement") under which you may use the website. Please read this page carefully. By accessing the website you accept and agree to be bound by these terms. If you do not accept any of the terms stated here, do not use the website. Gopher may, in its sole discretion, modify or revise these terms at any time by updating this page. Users are bound by any such modifications.

Website materials

The website and materials contained therein are provided on an "as is" basis without any warranties of any kind, either express or implied. Gopher disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Gopher makes no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the website.

Gopher does not warrant that the website will operate without error or that the website and its server are free of computer viruses or other harmful code. Gopher is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this website. The website contains materials provided by third parties, and likewise Gopher will not be held responsible for any such third party material.

Gopher does not warrant that the website will operate without error or that the website and its server are free of computer viruses or other harmful code. Gopher is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this website. The website contains materials provided by third parties, and likewise Gopher will not be held responsible for any such third party material.

Website warranties

The website and materials contained therein are provided on an "as is" basis without any warranties of any kind, either express or implied. Gopher disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Gopher makes no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the website.

Gopher does not warrant that the website will operate without error or that the website and its server are free of computer viruses or other harmful code. Gopher is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this website. The website contains materials provided by third parties, and likewise Gopher will not be held responsible for any such third party material.

Disclaimer of damages and limitation of liability

Your use of the website is at your own risk. If you are dissatisfied with any of the materials or other contents of the website or with these terms of use, our privacy policy or any other policies, your sole remedy is to discontinue use of the website.

Other than personal injury or death caused by Gopher’s negligence, in no event shall Gopher be liable to any user or other third party for any damages resulting from the use or inability to use the website, the materials contained therein or any link to another website. This disclaimer and limitation includes direct, indirect, incidental, special, consequential (including loss of business, profit or goodwill), loss of data or exemplary damages and applies whether based on warranty, contract, tort (including negligence), common law or statute, regardless of whether Gopher is advised of the possibility of such damages.

Public and user submissions

The website includes postings and listings from third parties. Such content is the responsibility of the third party creator of the content. Gopher has no responsibility for such content and is merely providing access to such content as a service to you. While Gopher will endeavour to remove any offensive or harmful content from the website as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. However, we expect you to exercise caution and common sense when using third party information.

Links to other websites

The website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Gopher of the contents on such third-party websites. Gopher is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.

User responsibilities and privileges

You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use the website only to post materials that are:

  • Legal, proper, decent, honest, complete and accurate and that comply with all relevant codes
  • Related to the purposes of the Australia geographic community

By way of example, and not as a limitation, you agree that when using this website, you will not:

  • Defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, insert, transmit, upload, distribute or disseminate or offer to do the same any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful material or information.
  • Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post or transmit such material.
  • Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the website intended for such uses.
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
  • Restrict or inhibit any other user from using and enjoying the use of the website.
  • Conduct or forward competitions, surveys or chain letters.
  • Hack into any part of the website.
  • Send any unsolicited advertisement or other promotional material, ie. spam.
  • Commit or encourage a criminal offence.

Gopher reserves the right to protect consumers from false, misleading or illegal reviews of businesses. Gopher makes every effort to refer any breach of the laws relating to 'falsely representing oneself as a consumer' to governmental and policing bodies.

Our obligation to monitor content

Gopher does not control or endorse and is not responsible for the information posted by registered members, and has no obligation to monitor postings. However, Gopher reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Gopher's sole discretion.

Gopher does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.

If Gopher is notified by a user of content which allegedly does not conform to any term of this agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Gopher will have no liability or responsibility for performance or non-performance of such investigation. Gopher reserves the right to terminate or restrict your access to any or all membership privileges at any time without notice for any reason whatsoever.

Copyright infringement

Gopher may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the website that infringes on the rights of others. If you believe that your work has been used on the website in a manner that constitutes copyright infringement, please provide Gopher with a written notice.

General

From time to time, Gopher may change, alter or modify these terms. Any changes to these terms will be posted on the website and any use by you of the website after any such changes have been posted shall be deemed to indicate your agreement to the modified terms. If you do not agree to the modified terms, you should cease use of the website.

Terms & Conditions – Advertisers

Information about you and your business

You agree that we may collect information about you and your business. The information may be obtained from you and others or generated from equipment used to provide our services when you or anyone else uses our service. You may decide whether to provide any information we seek from you, however, if you do not provide it, we may not be able to provide advertising services for you. You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other of Gopher companies and/or related entities, with our offices, employees, contractors, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover money you owe and keep you informed of services available to you. You are responsible for keeping confidential any PIN number or password used by, or allocated to, you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your billing account number, PIN number, or password).

Transfer of rights and responsibilities

You may transfer all (but not part of) your rights and responsibilities under this agreement to someone else so long as we have received the transferees written acceptance of responsibility and given you our written consent.

Right to refuse

Gopher Ltd may at any time and without notice to the Advertiser cancel, reject or refuse to continue publishing any Advertisement without providing any reason for such rejection or refusal or advertisement material at any time prior to, or after, publication of the Advertisement. This right will not be unreasonably exercised.

This Agreement is governed by the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia in respect of all matters relating to this Agreement.

If any provision of this Agreement is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of this Agreement which shall remain in full force and effect as if such provision held to be illegal or unenforceable had not been included in this Agreement.

Any variation to this Agreement must be in writing and signed by both parties before the variation comes into effect.

These Terms and Conditions, including the Booking Confirmation, Rate Card and Terms of Use set out the entire Agreement between the parties and supersedes all prior arrangements, undertaking, representations and warranties by or between the parties.

Indemnity

You agree to defend, indemnify and hold harmless the website, Gopher, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the material or your breach of the terms of this agreement.

Termination

Gopher may terminate your right to use or access the website at any time for any reason without notice. Gopher reserves the right to cease operating the whole or any part of the website at any time.

User responsibilities and privileges

gopherwa.com.au is managed and owned by Gopher Limited ("Gopher").

Gopheraustralia.com.au is managed and owned by Gopher Limited ("Gopher"). Gopher will use best endeavours to ensure the Advertisements accurately reflect the approved copy provided by the Advertiser. Gopher will not however be responsible for any errors in the content, or the incorrect appearance, of any published Advertisements. Gopher's maximum liability under any claim will not exceed the fees paid by the Advertiser for the Advertisement. Gopher will correct any notified errors, for which they are responsible, as an immediate action priority and will be done so with maximum haste at no cost to the advertiser. Gopher is not responsible for Google’s placement of map pins on Google Maps displayed on the website.

Paying for our advertising services

  • We charge on a set-up fee basis, "Advertising Services". Your charge is not for the duration of the term, but rather for the initial placement. Accounts are due within 7 days of date of Invoice, unless otherwise agreed in writing or within a verbal contract. There are only 2 ways to pay for your Gopher listing/services either by credit card or direct debit. If payment is not received by the due date shown on your account or as arranged within the verbal or written contract or by using one of our 2 payment methods, we may:
  • Charge a penalty fee on the unpaid amount from that date at an penalty rate of 2.5% per month on sums that remain unpaid until full payment is received.
  • Charge a monthly administration fee of $25 per month on sums that remain unpaid until full payment is received
  • Demand full payment of any/all outstanding amounts within 7 days.
  • Require payment of any costs that are incurred by anyone (including agents) in recovering money owed or in exercising any other rights, including commissions and legal costs on a solicitor and client basis.
  • Charge a 5% Handling and Administration fee for payments by cheque, cash or online banking

Grace Period

To protect advertisers from unintentional lapses, Gopher has an automatic ranking grace period. During this grace period our system automatically preserves the service you are getting without triggering an invoice. This means we may hold ranking in place for a specified period of time at the end of your advertising term unless you have opted to exclude this feature or cancelled your advertising in accordance with the "Cancelling your advertising" clause below..

Cancelling your advertising

All cancellations must be made in writing to Gopher. For "Star" listings, if the cancellation occurs after the listing has gone live, the fee stands and remains payable by the advertiser. If cancellation occurs prior to listing, but after production costs have been incurred, then the advertiser agrees to pay a sum equivalent to 60% of the total charges payable had the listing gone live. For "Sitewide Leader", "Industry Leader" and "Category Leader" placements, and any other short term campaign placements, if the cancellation occurs with 20 or more days notice from start date of campaign, the advertiser will incur production fees (if any) only. If the cancellation occurs within 20 days prior to start of campaign, then the advertiser agrees to pay a sum equivalent to 60% of the total charges payable had the campaign taken place.

Dispute Resolution

All disputes regarding payment of account must be made in writing to Gopher. If the dispute occurs after 30 days of the contract date, the dispute is not considered valid and the fee stands and remains payable by the advertiser. If disputes occur prior to this period then both parties agree to resolve using best endeavours between themselves, otherwise if no agreement can be reached then disputes proceedings will be raised in an appropriate Court or Tribunal.