The GOthat.com website (“Site”) is owned and operated by I Say Yes Pty Ltd ABN 921 5462 7111 ( “GOthat”). Anyone accessing, using or browsing this Site is subject to these terms and conditions, and all applicable laws. By using this Site in any way, you accept these terms and conditions and agree to be bound by them.
If you do not agree with these terms and conditions, please do not use the Site in any way. You also agree to be bound by the GOthat Privacy Policy and any guidelines or rules posted on this Site (which may from time to time be modified by GOthat without prior notice) applicable to the provision of the services provided by GOthat or otherwise accessible from the Site.
In the event GOthat make changes to these terms and conditions and/or Privacy Policy and you continue to use the Site, you are agreeing to the terms and conditions and Privacy Policy as revised. Any revised terms and conditions will apply to the use of the Site upon publication.
Under these terms and conditions you agree that under no circumstances will GOthat be held liable for any direct, indirect, incidental or other type of loss or injury resulting from the use of the Site, or the downloading of any content from the Site.
Any person under the age of 18 MUST be accompanied by a person over the age of 18 who takes responsibility for the younger person’s conduct on the Site.
GOthat is an Affiliate of a number of Daily Deal/Group Buying Sites (“Third Party Sites”). GOthat chooses certain daily deals (“Offers”) from these Third Party Sites and then aggregates and redisplays these offers on the Site, on its Charity pages and in daily emails to subscribers. GOthat may brand and display pages with information specific to participating Charities and Not-for-Profit (NFP) organisations together with the Offers (“Microsite”).
Any Offer displayed on the Site or on a Microsite can only be purchased/accepted through the originating Third Party Site to which GOthat.com subscribers will be redirected to complete the transaction. GOthat is entitled to a commission for purchases made by a GOthat subscriber from Third Party Sites. GOthat will donate up to 50% of its average commission receipts attributable to a subscriber’s purchases to that subscriber’s nominated charity or NFP.
GOthat does not endorse or guarantee the availability or performance of Third Party Sites nor the quality, availability or trustworthiness of any Offer. In particular, GOthat is a mere conduit of information aggregated from Third Party Sites and is not responsible for that content, including the accuracy or legality of any material or Offer on Third Party Sites.
You acknowledge that we are reliant on each subscriber to take full responsibility for ensuring that any information they wish to rely upon is accurate and trustworthy and you will not hold GOthat liable for any action you take in respect of any Offer whether you have relied on information on the Site, a Microsite or a Third Party Site.
You also agree to read and abide by the terms and conditions and privacy policy of any Third Party Sites and to undertake your own independent research on any Offer that is of interest to you.
Your dealings with Third Party Sites, including payment, offer coupons and service delivery, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and the provider of the Offer. GOthat has no responsibility and cannot be held liable for Offer that comes to your notice on the Site or a Microsite.
Products, names, and images displayed on the Site from Third Party Sites are the intellectual property of their respective owners.
Please make sure you read in full all information and terms of each Offer before making a purchase to ensure you are fully informed. Please note that when you use other Third Party Sites, any personal information you give may be dealt with in line with their privacy policies, not ours. You therefore agree to read the privacy policies of each and every Third Party Site before purchasing or accepting any Offer from that site.
Unless otherwise stated, we own all intellectual property rights in the Site and in material on the Site other than that copied from Third Party Sites. You may only view, use, copy, distribute, download, cache, and print pages from the Site for your personal, non-commercial use.
The GOthat.com domain name and logos and all related products and service names, design marks and slogans are owned by I Say Yes Pty. Ltd. All other trademarks and service marks herein are the property of their respective owners.
You are prohibited from systematic or automated data collection activities on or through the Site or an Microsite including, without limitation, data mining, screen or source scraping, crawling, or using any process or processes that send automated queries to the Site or a Third Party Site. You may not use the Site to compile a collection of listings, including a competing listing product or service.
GOthat does not make any representation regarding the availability and performance of the Site or any of Third Party Sites. When you navigate away from the Site your browser may direct you to a new browser window that is not hosted or controlled by GOthat. GOthat and its affiliates are not responsible for the content, functionality, or technological safety of any websites other than the Site. We reserve the right to disable links to or from Third Party Sites, although we are under no obligation to do so. Although GOthat intends to filter Offers for appropriateness, some Third Party Sites may contain content or other information that some people find objectionable. Any use of the Site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk.
You agree to indemnify and hold GOthat, its affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination or variation of these terms and conditions.
You visit the Site at your own risk. Any use of the Site is at your own risk. You agree that under no circumstances will GOthat be liable for any direct, indirect, incidental or other type of loss or injury resulting from your use, or downloading of any content from the Site, a Microsite or any Third Party Site.
GOthat may investigate any complaint or reported violation of these terms and conditions and take any action it deems appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to a subscriber’s personal information including e-mail address, usage history, posted materials, IP addresses and traffic information. GOthat reserves the right to seek all remedies available at law and in equity for violations of these Terms.
GOthat may transfer, novate, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
These terms and conditions, together with the privacy policy, constitute the entire agreement between you and GOthat in relation to your use of the Site and any Microsite as well as to your dealing with any Offer or Third Party Site.
These terms and conditions are for the benefit of you and GOthat, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This Agreement is governed by and construed in accordance with the law in force in the State of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
GOthat makes no representations or warranties that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If for any reason a court of competent jurisdiction finds any provision or portion of the terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by you and a director of GOthat.
August 2012