Terms & Conditions

Terms & Conditions

1. About the Website

1.1. Welcome to www.grahamedowling.com (the ‘Website’). The Website facilitates

interactions between:

making it easier for the Receiver and the Provider to locate, communicate,

arrange payment and deliver the services in a fast and secure manner (the

‘Services’).

(a) You, the customer (the ‘Receiver’); and

(b) Grahame Dowling Leather Goods (the ‘Provider’),

1.2. The Website is operated by got-pauled.com consulting . Access to and use of

the Website, or any of its associated products or Services, is provided by gotpauled.com

consulting. Please read these terms and conditions (the ‘Terms’)

carefully. By using, browsing and/or reading the Website, 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 Website, or any of its

products or Services, immediately.

1.3. got-pauled.com consulting reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When got-pauled.com

consulting updates the Terms, it will use reasonable endeavours to provide you

with notice of updates of 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 registering for the Services and/or making any payment as

required under the Terms for use of the Services. You may also accept the Terms by

clicking to accept or agree to the Terms where and if this option is made available to you

by got-pauled.com consulting in the user interface.

3. The Services

3.1. In order to access the Services, both the Receiver and the Provider are

required to register for an account through the Website (the ‘Account’).

3.2. As part of the registration process, or as part of your continued use of the

Services, you may be required to provide

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

member of the Website (‘Member’) and agree to be bound by the Terms.

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

(a) you are not of legal age to form a binding contract with got-pauled.com

consulting; or

(b) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the 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;

(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 cancellation of the Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify gotpauled.com

consulting of any unauthorised use of your password or email

address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use

the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or

distribute on the Website (‘Your Content’) will always be accurate,

correct and up to date and you will maintain reasonable records of Your

Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of

the Website (where interaction with other Members is made available to

you);

(h) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of providing the

Services;

(i) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of got-pauled.com consulting;

(j) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms

of solicitation may be removed from Member profiles without notice and

may result in termination of the Services. Appropriate legal action will be

taken by got-pauled.com consulting for any illegal or unauthorised use of

the Website; and

(l) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

5. Using the Website as the Receiver

5.1. The receiver must only use this website in its intended way, which is the

browsing of our product catalog, reading blogposts, checking calendar entries,

as well as purchasing our products. Thereceiver must not interfere with our

servers, IP, databases, URLs, email addresses or any copyrighted materials.

6. Using the Website as the Provider

6.1. The provider will keep all product and shipping information up to date, all order

and customer data secure. He will utilise this website to receive orders and will

fulfill them in a timely and accurate manner.

7. Payment

7.1. By got-pauled.com consulting offering the Services to you, you agree that:

(a) Make payment via Bendigo Payment Gateway (Mastercard or Visa cards

and AMEX, JCB or Diners Club charge cards. More information under:

https://www.bendigobank.com.au/public/business/our-businessproducts/manage-payments-and-receipts/website-payment-gateway)

or

Paypal (https://www.paypal.com/au/webapps/mpp/ua/legalhub-full).

7.2. All payments made in the course of your use of the Services are made using

Bendigo Payment Gateway or Paypal. In using the Website, the Services or

when making any payment in relation to your use of the Services, you warrant

that you have read, understood and agree to be bound by the Bendigo Payment

Gateway or Paypal terms and conditions which are available on their website.

8. Refund Policy

8.1. Since got-pauled.com consulting is only a facilitator in introducing the Receiver

to the Provider and providing a system to make safe payment, got-pauled.com

consulting does not hold any liability to the Receiver directly and will not

personally refund them any payments made in the use of Services.

8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services

provided by the Provider or believes that they may be entitled to a refund, then

got-pauled.com consulting requires the Receiver to:

(a) contact the Provider directly to request a refund; and

(b) if contacting the Provider is not successful after fourteen (14) days,

contact got-pauled.com consulting through the ‘Contact Us’ section of the

Website outlining why you believe you are entitled to a refund so we are

able to determine if the Provider should be removed from the Services.

8.3. If contacted by a Receiver who is requesting a refund pursuant to the above

clause, the Provider agrees that it will immediately:

(a) complete the got-pauled.com consulting refund request form (the ‘Request

Form’) provided on the Website; and

(b) provide both the Request Form and the email from the Receiver

requesting the refund to got-pauled.com consulting.

8.4. If the Provider agrees to a refund it is acknowledged that the Provider will

instruct got-pauled.com consulting to refund all or part of the payments made

to the Receiver directly, less any fees and charges incurred by got-pauled.com

consulting in processing the refund.

8.5. Both the Receiver and Provider agree that they will comply with the Refund

Policy contained in this Clause of these Terms.

9. Copyright and Intellectual Property

9.1. The Website, the Services and all of the related products of got-pauled.com

consulting are subject to copyright. The material on the Website is protected by

copyright under the laws of Australia and through international treaties. Unless

otherwise indicated, all rights (including copyright) in the Services and

compilation of the Website (including but not limited to text, graphics, logos,

button icons, video images, audio clips, Website, code, scripts, design

elements and interactive features) or the Services are owned or controlled for

these purposes, and are reserved by got-pauled.com consulting or its

contributors.

9.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by got-pauled.com consulting, who grants to you a worldwide, nonexclusive,

royalty-free, revocable license whilst you are a Member to:

got-pauled.com consulting does not grant you any other rights whatsoever in

relation to the Website or the Services. All other rights are expressly reserved

by got-pauled.com consulting.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial

use.

9.3. got-pauled.com consulting retains all rights, title and interest in and to the

Website and all related Services. Nothing you do on or in relation to the

Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design

to you.

or copyright (or an adaptation or modification of such a thing, system or

process),

9.4. You may not, without the prior written permission of got-pauled.com consulting

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 Services or third party Services for any purpose,

unless otherwise provided by these Terms. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the

public domain.

9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content

on the Website, then you grant to got-pauled.com consulting a non-exclusive,

transferrable, perpetual, royalty-free, irrevocable, worldwide licence to

broadcast, republish, up-load to a third party, transmit, post, distribute, show or

play in public, adapt or change Your Content.

10. Privacy

got-pauled.com consulting takes your privacy seriously and any information provided

through your use of the Website and/or Services are subject to got-pauled.com

consulting’s Privacy Policy, which is available on the Website.

11. General Disclaimer

11.1. 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.

11.2. 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) got-pauled.com consulting 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 Services or these Terms (including as a result

of not being able to use the Services or the late supply of the Services),

whether at common law, under contract, tort (including negligence), in

equity, pursuant to statute or otherwise.

11.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services 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 got-pauled.com consulting

make any express or implied representation or warranty about the Services or

any products or Services (including the products or Services of got-pauled.com

consulting) referred to on the Website. 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 Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of

the products of got-pauled.com consulting; and

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

convenience.

11.4. You acknowledge that got-pauled.com consulting Website and the Services are

only intended to facilitate the interactions between the Receiver and the

Provider and does not offer any services other than the Services and gotpauled.com

consulting holds no liability to you as a result of any conduct of the

Members or the misuse of Your Content by any party (including other

Members).

12. Limitation of Liability

12.1. got-pauled.com consulting’s total liability arising out of or in connection with the

Services or these Terms, however arising, including under contract, tort

(including negligence), in equity, under statute or otherwise, will not exceed the

resupply of the Services to you.

12.2. You expressly understand and agree that got-pauled.com consulting, 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.

12.3. You acknowledge and agree that got-pauled.com consulting holds no liability

for any direct, indirect, incidental, special consequential or exemplary damages

which may be incurred by you as a result of providing Your Content to the

Website.

13. Termination of Contract

13.1. If you want to terminate the Terms, you may do so by providing gotpauled.com

consulting with 14 days’ notice of your intention to terminate by

sending notice of your intention to terminate to got-pauled.com consulting via

the ‘Contact Us’ link on our homepage.

13.2. got-pauled.com consulting may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) got-pauled.com consulting is required to do so by law;

(c) got-pauled.com consulting is transitioning to no longer providing the

Services to Members in the country in which you are resident or from

which you use the service; or

(d) the provision of the Services to you by got-pauled.com consulting is, in the

opinion of got-pauled.com consulting, no longer commercially viable.

13.3. Subject to local applicable laws, got-pauled.com consulting reserves the right to

discontinue or cancel your membership at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts got-pauled.com consulting’s name or

reputation or violates the rights of those of another party.

13.4. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and got-pauled.com consulting 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.

14. Indemnity

14.1. You agree to indemnify got-pauled.com consulting, 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) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(c) any breach of the Terms.

  1. Dispute Resolution

15.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

15.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

15.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as “without prejudice” negotiations for the purpose of applicable laws of

evidence.

15.5. Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the The

Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules or his

or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

(d) The mediation will be held in Sydney, Australia.

  1. Venue and Jurisdiction

The Services offered by got-pauled.com consulting is intended to be viewed by residents

of Australia. In the event of any dispute arising out of or in relation to the Website, you

agree that the exclusive venue for resolving any dispute shall be in the courts of New

South Wales, Australia.

  1. Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

  1. 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.

Last updated 6/11/2018 – 3:00 PM

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