From the word GO
1.1 These terms and conditions (“‘Customer Terms”) will apply (including to all to all Services) from the beginning of our relationship with you, as the Customer (“Start Date”), which occurs when you use any of the Services or when you click the “sign up” button or initiate a trial, test or other preliminary use and do not opt out or you otherwise indicate acceptance on or through the Website or when you sign a Subscription Agreement or Order Form. Please read these Customer Terms carefully, as they are legally binding upon you.
1.2 When reference is made to “we” or “us” or “our” in these Customer Terms, it means GO1.
1.3 Where a document provided by you purports to be made on or subject to terms and conditions other than these Customer Terms, you agree that such other terms and conditions are disregarded and form no part of the Contract unless we have expressly agreed otherwise in writing.
1.4 Where you have elected to use the Software for your own Content or Content other than GO1 Content, you acknowledge that you have read and understood the Content Provider Agreement, to which you agree to be bound.
1.5 Where there is any inconsistency(s) between these Customer Terms and the Subscription Agreement, Order Form, Partner Agreement or Content Provider Agreement, the terms and conditions of the Subscription Agreement, Order Form, Partner Agreement or Content Provider Agreement (as the case may be) prevail over these Customer Terms to the extent of the inconsistency(s).
1.6 Heading are used for convenience only and do not affect the interpretation of these Customer Terms.
1.7 The capitalised terms used are defined at the end of these Customer Terms.
1.8 Any version of these Customer Terms in a language other than English is provided for convenience only and you understand and agree that the English language version will control if there is any conflict.
2. Services and support
Good to GO
2.1 Subject to these Customer Terms, we will use commercially reasonable efforts to provide you with the Services. As part of the registration process, you will identify an administrative user name and password for your GO1 account. We reserve the right to refuse registration of, or cancel passwords we deem inappropriate.
2.2 Subject to these Customer Terms, we will provide you with reasonable technical support services in accordance with our standard practice.
2.3 The Services may also extend to any related items quoted and billed by us.
2.4 We may modify the Services or discontinue their availability at any time.
3. Restrictions and responsibilities
GO and no GO
3.2 You represent, warrant and covenant that:
- you are over the age of 18, or, if not, you will only use the Services with the involvement, supervision and approval of a parent or legal guardian (children under the age of 16 must not register for an account or register for or purchase Courses); and
- you have read, understood, and agree to be bound by the pricing information (see clause 5 (Pricing and payment of fees));
3.3 You understand and agree that:
- the Website, special technology used in connection with the Website, the Services, the Software, the Courses and the Materials are provided by us or third-party providers (including Content Providers) and are the copyrighted works of GO1 and/or such third parties;
- Content Providers may choose to terminate their relationships with us and become inactive (we do not guarantee Content Provider or Course availability and we are not liable for any issues relating to Content Provider or Course availability);
- you assume any and all risks from any meetings or contact you have with any Content Providers or other Customers or Users; and
- you are responsible for your account with us and for all uses of the account or the Equipment, with or without your knowledge or consent.
4. Confidentiality; proprietary rights
4.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of GO1 includes non-public information regarding features, functionality and performance of the Services. Your Proprietary Information includes Customer Data. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted in these Customer Terms) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information after five (5) years following the disclosure of the Proprietary Information or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is expressly excluded by these Customer Terms, or (f) is required to be disclosed by law (in which case, the Receiving Party must not disclose any Proprietary Information until the Disclosing Party has a reasonable opportunity to take such action as it considers appropriate in the circumstances).
4.2 We own and retain all right, title and interest in and to (a) the Services and Software (including all improvements, enhancements or modifications to the Services and Software), (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, (c) the Materials, and (d) all Intellectual Property in or related to any of the foregoing.
4.3 Unless otherwise expressly provided in these Customer Terms, Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers, as is relevant) and is protected, without limitation, pursuant to Australian and foreign copyright and other intellectual property laws.