User Agreement and Terms and Conditions for Users
Welcome to the User Agreement for GObookings. This agreement describes the terms on which you may access and use our services. In order to become a GObookings user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the GObookings services indicates your acceptance of the amended User Agreement.

1.         Acceptance of terms and conditions

The use of this web site ("the Site") and the GObookings online scheduling booking reservation systems including AppointmentDiary (“the System”) and any affiliated Directory or Portal systems are offered conditionally upon your acceptance of the terms and conditions set out in this document, without modification (the "Terms and Conditions"). By entering the Site and using the System, you agree to and accept these Terms and Conditions. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use.

2.         Privacy policy

Our privacy policy is comprehensive and designed to protect your interest.  We undertake to comply with the terms of our privacy policy located on the Site.

3.         Subscription

3.1       In order to access the services offered by GObookings, the System and the Site you will need to register to become a subscriber by completing your registration details. 

3.2       You agree to ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to the registration details originally supplied.

3.3       Upon registration, you will be provided with a user name and password.  You are responsible for protecting the confidentiality of your user name and password details.  You must keep your user name and passwords in a safe place.  For security reasons we cannot replace or provide you with the same user name again unless you or your designated liaison person first satisfy our recognition procedures.

3.4       You are entitled to subscribe and/or create a personalised system under a name which is legally available to you.  In the case of a dispute over a GObookings subscriber or system name, then GObookings will make a final determination on who is entitled to use the name.  You agree to abide by any decision of GObookings made under this clause.  You further agree not to make any claim against GObookings for losses or damage arising out of a decision by GObookings under this clause.

3.5        You may alter your subscription or system details at any time.

3.6        We reserve the right to terminate your subscription if, at any time, you breach the Terms and Conditions.

3.7        We may in our discretion sub-contract the performance of this agreement or any part of this agreement. 

3.8     Support for your designated liaison person is available in the English language only. It is a requirement that your designated liaison person should be able to speak, read and write in English. The designated liaison person will be shown how to use the system and reasonable ongoing support will be provided as required. Should the support required by the designated liaison person be deemed to be excessive by GObookings then an additional charge may apply.

4.          Contract age

The services provided by GObookings are only available to individuals or entities who can make legally binding contracts. GObookings can not grant access to the System to minors and/or those individuals under the age of 18 years or any other individuals or entities who are legally prohibited from entering into binding contracts.

5.           New features

Any updates or additions to the System made available for your use during your subscription will be provided to you at no additional cost. Unless otherwise provided, any new features that are added to enhance the System, shall be subject to these Terms and Conditions.  You agree that the System is provided on an "as is" basis and that GObookings assumes no responsibility for the timeliness, deletion, misdelivery or failure in relation to the storage or use of communications or personalisation settings.

6.          USERS Obligations

In consideration of your use of the Site and the System, you agree:

(a)        to act in good faith towards GObookings and other users;

(b)        to comply with all laws and the requirements of any authority governing use of the Site or the System;

(c)        and acknowledge that GObookings is not responsible for any misrepresentations by other users and/or breaches of any contract or agreement that may be entered into between users who transact business via the Site and the System;

(d)        and acknowledge that GObookings does not endorse any of the goods or services that are in any way transacted through the System or the Site.  GObookings is not a principal or agent to any party using the Site or System;

(e)        that any disputes between the GObookings Users must be addressed between those Users and you expressly agree not to hold GObookings responsible in any way;

(f)         and acknowledge that GObookings does not control or check the content or links within a subscribers personalised GObookings system and takes no responsibility for the content, services, offerings, claims, products or links displayed; and

(g)        for the account to remain open, within 1 month of creating a connection to the System, you must establish and retain at least one booking system at all times.

(h)      to use only trademarks, names, logos or material that you are legally entitled to use.

7.         PAYMENT TERMS
Please note: For clients with a GObookings Enterprise License Agreement Letter or Schedule outlining payment procedures, payments can be made by other methods other than credit card, and details may not appear in the subscription details section of your GObookings administration controls (“Subscription Fees or Account Summary”) published on the Site from time to time. Clause 7.1 - 7.2 and 7.3 would not apply in this case.

7.1       For access to and use of the System, you agree to pay all fees and charges specified in our schedule of fees and charges located in the subscription details section of your GObookings administration controls (“Subscription Fees or Account Summary”) published on the Site from time to time. 

7.2       GObookings asks that you provide us with your credit card information for payment of Subscription fees, and all charges you incur for use of the System. GObookings may take commercially reasonable actions to validate your credit card and collect all payments due. 

7.3       You hereby authorize the Company to debit the Subscription Fees and other charges payable under this Agreement from your credit card automatically as required.

7.4       You agree to pay any legal or other fees and costs arising from any efforts GObookings must make to collect past due amounts from you including legal fees on a full indemnity or solicitor and own client basis, whichever is the greater amount. 

7.5       You acknowledge and agree that if GObookings does not receive timely payment of all amounts due, your use of the System may be severely restricted or terminated at GObookings' sole discretion.

7.6       GObookings reserves the right at its sole discretion and as it deems appropriate to add, alter or remove services it offers and to change the Subscription Fees upon not less than sixty (60) days notice.  GObookings will announce changes to the Subscription Fees and charges by posting them in the relevant section of the Site.  GObookings may, at its discretion, supplement such a notice by sending you an email or by placing a message on your screen when you access the GObookings Service or by sending you a letter.  If you find any change to be unacceptable, you are free to terminate this agreement in accordance with these Terms and Conditions.

7.7       There is no refund on connection/establishment fees, agent portal charges and no refund on monthly subscriptions but you can cancel a monthly subscription anytime.  If you are an annual payment Enterprise subscriber and you cancel within the first three (3) months then a 25% refund of the annual subscription will be refunded.

7.8       You acknowledge and agree that if GObookings registers what it considers to be exceptional server resource loads related to your account that GObookings may, in our absolute discretion, require an increase in Subscription Fees for continued use of the System or a closure of the account.

7.9       This clause relates to Subscribers of the Reservation System only. 
Charges are detailed within your subscription details under your Administration view or as previously arranged when you first arranged to use the system. GObookings and its Licensees play no role whatsoever in financial arrangements between your customers, travel portals, travel agents, the Agent and you the subscriber.

8.         ADVERTISING

A logo identifying the system and a small 'Powered by GObookings' linked image will appear on some pages of the system.

9.          Term

This agreement shall be effective immediately when you submit your first payment in order to acquire access to the System until terminated in accordance with the provisions below or under the Terms and Conditions of your Enterprise License.
Monthly unless a GObookings Enterprise License Agreement Letter or Schedule is provided which outlines a different term.

10.       Termination by GObookings

10.1     GObookings may without notice to you discontinue any or all aspects of the System or restrict your use of the System in whole or in part in any of the following circumstances:-

(a)        you breach any term of this Agreement;

(b)        if the credit card number you provide GObookings expires, or if GObookings is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to GObookings hereunder.

(c)        if GObookings determines in its sole and exclusive judgment that terminating your use of the System is necessary for security reasons or for proper continued operation of the System;

(d)        your use of the System is not for legitimate purposes, or your use of the System violates any laws or regulation;

(e) if GObookings receives information that the System or your use of the System (or any part thereof) may violate any third-party rights.

(f) if we determine at our unfettered discretion the System is open to security risk or criminal attack or malicious attack or does not comply with accepted security provisions your access to the System may  be terminated immediately.

10.2     Upon termination of this Agreement, all rights granted to you shall terminate immediately. If GObookings terminates this Agreement or suspends your access to the System, you will remain liable for the full charge for the period during which we terminate or suspend your System. GObookings reserves the right to delete any data files associated with your use of the System upon termination of this Agreement.

10.3     If you fail to pay your Subscription Fees when they become due and do not bring your account up to date after either a series of warning emails, browser messages or sent invoices we may terminate this agreement and your account automatically with loss of all stored information.

11.       Termination by You

You may cancel anytime by using the ‘cancel’ feature under options on your GObookings System providing your Subscription Fees are up to date.  To cancel you will need to bring your Subscription Fees up to date. Prior to cancelling you should export all data as all stored data will be deleted.

12.       Amendments to Terms and Conditions

We reserve the right to amend these Terms and Conditions from time to time.  Amendments will be effective immediately upon notification on the Site.  Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended. You should check our Terms and Conditions from time to time to see any changes made.

13.       Goods and Services Tax (GST)  Australia only

13.1      GST will be levied on the Subscription Fees charged by GObookings and is included in the Subscription Fees.  You acknowledge and agree that you are liable to pay all GST in respect of any taxable supply made by GObookings under this Agreement.

13.2      GObookings is not responsible for the GST obligations (if any) of any GObookings users in relation to the goods or services provided through the Site to GObookings users. GObookings users are responsible for maintaining accurate records and for paying all applicable taxes, if any, including GST and Stamp Duty.

13.3      GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

14.        Specific Warnings

14.1     You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.

14.2     You must take your own precautions to ensure that the process which you employ for accessing the Site and the System does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system, software programs or files.

14.3      For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, software programs or files which arises in connection with your use of the Site or any linked web site.

14.4     Whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated.  We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Site.

14.5      We make no warranty that the System acquired from us will meet your requirements or will work with all systems operated by the you.

14.6      Details contained on the Site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country.  We do not warrant that the details on the Site concerning those goods or services will satisfy the laws of any other country.  It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Site.

14.7     You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Site.  We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

14.8      Sending spam e-mails with a GObookings link attached may result in your account being terminated.  You agree you will not use GObookings products on non-permission based e-mails or pop up Internet advertisements.  We suggest you use a page on your own website as the ‘landing page’ for any such advertisements or e-mails.  Users who breach these terms and conditions will be liable for costs and damages incurred by GObookings resulting from their actions.

14.9  GObookings will hold data on current accounts for a period of 12 months or longer at our discretion and recommend you regularly export your data in case of data loss caused by system or hardware failure.

14.10   As required by law we will disclose information about you and your GObookings system when required to do so by federal, state or local law. If you are involved in a lawsuit or a dispute, we may disclose information about you in response to a court or administrative order. We may also disclose information about you and your GObookings system in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. We may release information if asked to do so by a law enforcement official: In response to a court order, subpoena, warrant, summons or similar process; To identify or locate a suspect, fugitive, material witness, or missing person; About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement; About a death we believe may be the result of criminal conduct; About criminal conduct; and In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime. We may release information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. You will be liable for any costs incurred by GObookings or its agents or partners in providing this information, in addition to any other reasonable expenses incurred in the carrying out of such requests.

14.11 You will not use the GObookings system for any illegal activities which are not limited to and include terrorism activities.

14.12 Emails cannot be relied upon as a form of notification as they can be delayed, lost or stopped by ISP Spam filters which require confirmation before delivery etc. If a such confirmation is important to your business then we recommend the SMS confirmation option should be used in conjunction with email.

14.13 To use the GObookings ecommerce option enabling the taking of a payment with a booking or reservation you will need to read, understand and accept the Terms and Conditions provided by the payment gateway provider or ecommerce third party.

14.14 GObookings accepts no responsibility for any claim whatsoever that may arise resulting from the uploading or downloading of files which have been attached by you or a customer to a booking.

14.15 For users with a GObookings AppointmentDiary system attached to a Directory or Portal the additional terms of the Directory or Portal also apply.

14.16 Although best efforts are made at all times, GObookings cannot guarantee that the system or servers delivering the system will work perfectly at all times and subsequently errors or loss of service resulting from network, system or application problems, hardware replacement outages or maintenance outages may occur from time to time. On occasions a restart of the server may be necessary without notice which may also cause loss of data. GObookings accepts no responsibility for any claim whatsoever that may arise resulting from these outages or loss of service events.

14.17 If the Multiple Bookings option is turned on for an Individual System then an agreed charge per booking may apply to bookings made with that system.

15.       Copyright

Copyright in the Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except a expressly authorised by these terms and conditions, you may not in any form or by any means:

(a)        adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or

(b)        commercialise any information, products or services obtained from any part of the Site;

without written permission.

16.        Trade Marks

Except where otherwise specified, any work or device to which is attached the ® symbol is a registered trade mark.  If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.  You must not use any of our trade marks:

(a)        in or as the whole or part of your own trade marks;

(b)        in connection with activities, products or services which are not ours;

(c)        in a manner which may be confusing, misleading or deceptive;

(d)        in a manner that disparages us or our information, products or services (including the Site).

17.       Reverse engineering

You agree that you shall not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the Site or the System or any part thereof.

18.       Restricted Use

Unless we agree otherwise in writing, you are provided with access to the Site only for your personal or commercial use.  You are authorised to print a copy of any information contained on the Site , unless such printing is expressly prohibited.  Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Site.

19.       Linked web sites

19.1     The Site may contain links to other web sites ("linked web sites").  Those links are provided for convenience only and may not remain current or be maintained.

19.2     We are not responsible for the content or privacy practices associated with linked web sites.

19.3     Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

20.       How we handle emails

We will preserve the content of any email you send us if we believe we have the legal requirement to do so.  Your email message content may be monitored by us for trouble shooting or maintenance purposes.

21.       Security of information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  In addition on occasions a restart of the server may be necessary without notice which may cause loss of data. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you or your customers transmit to us.  Accordingly, any information which you or your customers transmit to us is transmitted at your / their your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. The following clauses deal with specific risk areas where third party providers are involved.

22.       General

22.1     We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable contract.

22.2     If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

22.3     If any of these Terms and Conditions are held to be invalid unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

23.       Information Service

23.1      All information provided by us on the Site or otherwise pursuant to these Terms and Conditions is provided in good faith.  You accept that any information provided by us is general information and is not in the nature of advice.  We derive our information from sources which we believe to be accurate and up to date as at the date of publication.  We nevertheless reserve the right to update this information at any time.  In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.  We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.  You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.

23.2      You agree to use our information service for lawful purposes only.

24.        Hyperlinking Policy

24.1     Subject to your observance of these Terms and Conditions, we grant you a non-exclusive right to provide hyperlinks from your web site to our material.

24.2      In consideration of being granted this hyperlinking right, you undertake the following obligations:

(a)        to not copy, reproduce, translate, adapt, vary or modify any of our material without our express consent, except as expressly authorized by these Terms and Conditions;

(b)        bring into disrepute us, our services, the System, or our officers or employees;

(c)        to use only active links to our material and to not use deep or embedded hyperlinks;

(d)        to not use keying in connection with our material;

(e)        to only use our material in the form in which it is provided;

(f)         to not alter, amend, redraw, distort, animate or tamper with any of our material or associated icons in any way;

(g)        to retain any copyright or trade mark symbols that appear next to our material;

(h)        to supervise and control the use of our material in accordance with these Terms and Conditions;

(i)         to ensure your employees, sub-contractors and other agents who have authorized access to our material are made aware of these Terms and Conditions;

(j)         to not use our material in a manner that gives the impression or represents that any person, organization or event, is in any way related to, sponsored by, or affiliated with us; and

(k)        to comply (within a reasonable time) with any demand or request by us in relation to your use of our material.

25.       Disclaimer

25.1     We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the System or the Site or any linked sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or access through the System or the Site.

25.2     To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.  Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a)        if the breach relates to the System:

                                   (i) the supply of the System again; or

                                   (ii) the payment of the cost of having the System supplied again.

25.3           You also acknowledge and agreed to the specific disclaimers:

(a)        You should not in any way rely on the information contained within this Site.  You agree to make your own independent enquiries and obtain independent advice about the System and the Site and any sites linked to or from this Site.

(b)        No advice or information, whether oral or written, obtained by you from or through the Site or the System shall create any warranty not expressly made herein. 

(c)        GObookings accepts no liability whatsoever arising from the information contained within the System or the Site, or a link site, being incorrect, incomplete or misleading. 

(d)        If you create a link to this Site, you do so at your own risk.  GObookings has not agreed to any conduct connected with the linked site which may be unlawful, or an infringement of another party's rights.

(e)        GObookings, to the extent permissible by law, makes no guarantees as to the currency, availability, completeness, accuracy or fitness for purpose of the information on the Site or System provided on the GObookings and note that a visitor relies on such information at their own risk.

(f)         In no event shall GObookings be liable for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, products and other services obtained through the Site, or otherwise arising out of the use of the Site, whether based under contract, negligence or other tort, strict liability or otherwise, even if GObookings has been advised of the possibility of such damage. 

(g)        GObookings makes no representations about the suitability of the information, products and Systems contained on the Site for any purpose.  All such information, products and System are provided on an "as is" and "as available" basis without warranty of any kind.  GObookings  makes no warranty that the System will be uninterrupted, timely, secure or error free. GObookings  does not make any warranty as to the results that may be obtained from the use of the System or the Site.

(h)        Unless GObookings has agreed in writing, GObookings  prohibits any activity which uses intellectual property owned by, or licensed to GObookings  which may result in a Claim against GObookings or involve GObookings  in any liability.

25.4     GObookings is not liable to

(a)         any booking, booking, reservation or payment disputed by any person;

(b)        any claims resulting from fraudulent use of System passwords or booking System and/or;

(c)        any breach of an agreement or offer between you and another user;

(d)        any booking and/or payment obligation which was not fulfilled by you or another user.  In no event will we be liable to you or any other person for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption.

25.5     Without limiting any other provision of this Agreement, you acknowledge that;

(a)        performance of the System is dependent on a number of factors outside our control including traffic and technical difficulties with the internet and servers and if in use the performance of the financial payments clearance system;

(b)        the System is secure within certain technical boundaries which you have considered;

(c)        GObookings has been designed for use with Microsoft Internet Explorer version 5 and above.  Difficulties may occur with other browser systems and they are not supported;

(d)        although all bookings are made in good faith they are still only a request to a particular user’s booking account and should be confirmed by a courtesy e-mail or phone call.  There is no guarantee that a user will accept, be available for, or attend a booking, or follow through to complete a booking obligation for an item or person, and you agree that, without limitation, all liability which you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility;

(e)        to the extent that the System contains links to outside services and resources, the availability and content of which GObookings does not control, any concerns regarding and such service or resource, or link thereto, should be directed too the particular outside service or resource;

(f)         loss of data can occur and we recommend you back up as regularly as required to ensure you do not lose valuable data.

26.       Release

You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against GObookings , its affiliates, distributors, Portals, subsidiaries, Directories, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction arising directly or indirectly from your use of the Site.

27.       Exception to Disclaimer

The disclaimer and release set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

28.       Indemnity

You hereby agree to indemnify, defend and hold GObookings , its affiliates, distributors, Portals, subsidiaries, Directories, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by GObookings , its affiliates, distributors, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any Claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

29.       Ownership

GObookings  retains all right, title, and interest in the System and the Site (including any modifications, web services or related software) and the corresponding intellectual property rights and reserves all rights not explicitly granted. These rights extend to any modification or change made to the system for the Subscriber whether the modification or change has been paid for or not paid for by the Subscriber. To make the point clear the Subscriber has no ownership rights whatsoever over the System and the Site (including any modifications, web services or related software) and the corresponding intellectual property rights.

30.       Governing law

These terms and conditions are governed by the laws in force in Queensland, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

31.       TERMINOLOGY & definitions

31.1     In these Terms and Conditions, unless the context or subject matter otherwise requires:

31.2     the expressions "we", "us" and "our" are a reference to GObookings Systems Pty Ltd (ACN 093 758 242).

31.3      "our material" is a reference to all information or material contained in our accessible at or via this Site.

31.4      "deep hyperlink" means any hyperlink that provides a link to, or access to, a web page or internet location that is part of our internet domain, other than a hyperlink to the home page of that domain or the home page of a subsidiary domain.

31.5     "embedded hyperlink" refers to any method or mechanism of hyperlinking, where is appears that:

(a)         the hyperlinked material is part of the web page or internet location containing the hyperlink; or

(b)         the hyperlinked material is not part of the web page or internet location where it is originally located.

31.6     "hyperlink" or "link" means any mechanism of providing a link from one location on the internet (or a web page) to another location on the internet, (or a different web page, or a different location on the same web page) and includes any mechanism for linking to, or providing access to files via the internet.

31.7     "keying" means any process or method by which a web page containing our material will be returned in search engine results when a search is conducted for a competitors brand or identity (or vice-versa).

31.8     "Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

31.9     "System" includes without limitation, any service, offering, transaction of any type or products or goods available or accessible at or via the Site;

31.10    "Terms" means these terms and conditions.

32.       TO RETURN TO THE SITE
By returning to the Site, you acknowledge that you have read, understand and accept the above Terms and Conditions.