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.
- 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.
- 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.
- 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.
- 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.
- 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