Terms of Use



  1. AGREEMENT
    1. The GTH Group Pty Ltd (ACN 142 899 018) ("we", "us" or "our") is the operator of the website www.gothehand.com and its associated mobile websites, Apps and services (“Website”). Before accessing or using our Website you must read and agree to these terms and conditions of use, as updated from time to time in accordance with this clause 1 (“Terms of Use”). By accepting these Terms of Use you agree that these Terms of Use, including our Privacy Policy, will apply whenever you access or use our Website. If you do not agree and accept that all of these Terms of Use apply to your access or use of our Website, you must stop accessing and using our Website immediately and not access or use our Website in the future.
    2. You warrant that you possess the legal right and ability to enter into a legally binding agreement with us.
    3. These Terms of Use are effective on 15 October 2016 for current users, and upon acceptance for new users.
    4. We may amend these Terms of Use from time to time. You are responsible for reviewing the Terms of Use for changes on each occasion you visit our Website. Changes to the Terms of Use will be effective upon publication. By continuing to access or use our Website you agree to the new Terms of Use.
  2. DEFINITIONS
    1. In these Terms of Use:
      1. Anonymous User means a user who accesses our Website but has not registered a user account on our Website in accordance with clause 4 of these Terms of Use.
      2. Buyer means an individual Registered User using our Website to locate Deals that may be of interest to them and who may Redeem those Deals.
      3. Deal means an advertisement listed on our Website created by a Seller that promotes the Seller’s business, products and/or services.
      4. Registered User means a user who has successfully registered a user account on our Website in accordance with clause 4 of these Terms of Use.
      5. Seller means a business that is registered by a Registered User and managed and operated by one or more Registered Users for the purpose of using our Website to list Deals on behalf of that business.
      6. Redeem/Refer is when our Website provides a Buyer with information regarding the methods by which the Buyer can independently contact the Seller regarding a Deal.
  3. SUMMARY OF GTH ONSALE
    1. This section of our Website provides a platform for Sellers to list Deals. Anonymous Users may view Deals listed on our Website. Only Buyers can view Deals listed on our Website and Redeem a Deal.
    2. We do not review Sellers’ listings and are not involved in the actual transactions between Buyers and Sellers. All transactions take place directly between, and are the sole responsibility of, the Buyer and Seller and are independent of our Website. We have no control over and we do not guarantee the accuracy, quality, safety, or legality of Deals listed on our Website and cannot be held responsible for them.
    3. We charge Sellers a fee to list a Deal on our Website and the amount of the fee is subject to a number of factors, including the listing selections and whether the Seller chooses to automatically re-list a Deal a number of times.
    4. We do not represent or warrant that the content listed or posted on our Website is appropriate or available for use in countries outside Australia. If you choose to access our Website from outside Australia, you are responsible for compliance with all applicable foreign and local laws and acknowledge that you may be subject to additional laws or other restrictions in the countries where you are located.
    5. You acknowledge that we may display advertisements on different locations on our Website, including on your profile page and Deal listing.
  4. REGISTRATION
    1. You must create and register a user account with us before you can access certain features of our Website. You agree to provide true, accurate and complete information in the registration form (including a valid email address).
    2. Private individuals are not permitted to register as Sellers or list Deals on our Website. A Registered User must create a Seller account before it can list Deals on our Website on behalf of a business. One or more Registered Users will manage and operate each Seller account.  By creating a Seller account or accepting an invitation to join a Seller account the Registered User acknowledges and agrees to promptly update the Seller’s details if they change and to comply with these Terms of Use at all times. We reserve the right to decline an application to create a new Seller account or to cancel an existing Seller account at any time.
    3. As part of registering an account a Buyer provides us with express permission to provide the Buyer’s name to the Seller if the Buyer Redeems a Deal for the sole purpose of enabling the Seller to identify the Buyer as a referral from our Website.
    4. A Registered User can access and change account information at any time, including its email address and password via the corresponding Buyer or Seller ‘account’ sections of our Website. Registered Users must promptly update their account information if it changes.
    5. Registered Users are fully responsible for maintaining the security of their account(s) (including user ID, password and other confidential information). Registered Users must not share their account details with anyone and must notify us immediately upon becoming aware of any unauthorised use of their account(s). Registered Users are responsible for all consequences resulting from use of their account(s), whether authorised or not.
  5. ACCEPTABLE USE
    1. You must not (and must not attempt to) access or use, and must not allow anyone to access or use our Website:
      1. in any way which breaches, or which we believe may breach, these Terms of Use;
      2. for any purpose which is misleading, deceptive, fraudulent or unlawful;
      3. to list, send or receive any material which is false, inaccurate, threatening, offensive, indecent, obscene, or defamatory;
      4. to list, send or receive any material for which you have not obtained all necessary licences and/or consents (either from us or third parties);
      5. to send or receive any type of computer virus, logic bomb, harmful code, corrupted data or other malicious code or software;
      6. to intercept (or attempt to intercept) any communications;
      7. in a way that imposes an unreasonable or disproportionately large load on our infrastructure;
      8. to harvest information about others or to send or distribute malicious or unsolicited email (including spam, junk mail or other advertising material to someone without their consent);
      9. in any way which restricts or inhibits any other user from properly using or enjoying our Website or which manipulates or interferes with other users' listings; or
      10. for a purpose other than which we have designed our Website or intended it to be used.
    2. You must not (and must not attempt to):
      1. hack, interfere, circumvent or bypass the security of our systems or network in any way;
      2. modify or copy the layout or appearance of our Website or any code comprising or contained in the Website;
      3. reverse engineer, decompile, disassemble, or otherwise attempt to discover or access any source code of our Website; or
      4. use a spider, robot, data mining tool, scraper, or other automated means to access or use our Website.
    3. You may report offensive or inappropriate content, and violations of these Terms of Use to us via the ‘Inappropriate’ button on the listing.
    4. You must ensure at all times that you comply with all applicable laws in Australia and other countries when using or accessing our Website.
  6. BUYING
    1. Must be a Registered User
      1. You must create and register a user account with us before you are eligible to Redeem a Deal as a Buyer on our Website.
    2. Transacting directly with the Seller
      1. The Seller is the supplier of the Deal and the Buyer will transact directly with the Seller independently of our Website. We do not act as agent for the Seller and we accept no responsibility for Deals or the conduct of Sellers. If a Buyer chooses to Redeem a Deal that is listed on our Website the transaction including payment, delivery, terms and conditions of sale, warranties and representations associated with the Deal, is solely between the Buyer and the Seller. The Seller, and not us, are responsible for ensuring that a Deal listing, and any other activities conducted in connection with a Deal are lawful and in accordance with these Terms of Use. The Buyer assumes all risks arising out of or resulting from the transaction with a Seller, and the Buyer agrees that we are not responsible or liable for any resulting loss, damage or expense suffered by it. 
      2. A Buyer must direct all correspondence in relation to a Deal directly to the Seller, and not to us.
      3. We do not investigate, recommend, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Deals, business, products, services, content, material, statement or representation contained in a listing on our Website, including but not limited to information relating to price, description, availability, quality or fitness for purpose. A Buyer must review a Deal carefully before Redeeming it and it is the Buyer’s responsibility to ensure that any Deals or other information listed on our Website meet the Buyer’s requirements.
    3. Buyer Acknowledgements
      1. The Buyer acknowledges and agrees that certain Deals may contain services that are inherently risky or dangerous or require the participants to possess specific skills or qualifications. Before Redeeming or using such services the Buyer must sufficiently inform itself of the risks and specific qualifications or skills required. It is the Buyer’s sole responsibility to make all necessary enquiries and acquire any appropriate insurance coverage prior to Redeeming any Deal.
      2. All Deals listed on our Website are subject to availability. Some Deals may require the Buyer to book or order in advance. The Buyer acknowledges and agrees that Sellers may impose conditions such as a minimum age or other restrictions regarding height, weight, health or other requirements. It the Buyer’s responsibility to confirm with the Seller the details of any restrictions that may apply prior to Redeeming the Deal.
      3. Sellers will endeavour to use accurate images in a Deal listing. However, the Buyer acknowledges that the actual products and services may differ slightly in appearance and packaging from any images in the Deal listing.
      4. A Buyer acknowledges and agrees that if it Redeems any Deal from a Seller in different jurisdiction:
        1. the Buyer will be recorded as the importer of the products and will be solely responsible for any taxes associated with the importation of the products or services, as well as, where applicable, compliance with any standards or laws that may apply to the importation of such goods in the Buyer’s jurisdiction; and
        2. any warranty information printed on the imported product’s packaging, or provided inside the packaging may not be applicable in the Buyer’s jurisdiction.
  7. SELLING
    1. Seller Account
      1. All Sellers accounts on our Website must:
        1. be created on behalf of a validly registered business in the jurisdiction where it will list Deal (for example, if selling from Australia, the Seller must have a valid Australian Business Number or Australian Company Number). Private individuals are not permitted to becomes Sellers or list Deals on our Website; and
        2. be successfully registered by a Registered User and managed and operated by one or more Registered Users.
      2. Responsibilities When Selling
        1. A Seller must select the correct options when listing each Deal, including the Deal’s duration, category, tags and the geographical region in which the Seller is offering the Deal.
        2. The Seller is solely responsible for all information that it submits to us and any consequences that may result from the Seller’s Deal and Deal listing.
        3. All Deals listed on our Website must be genuinely ‘on sale’ and in our opinion represent better than normal value to the Buyer.
        4. A Seller is only permitted to list Deals that, in our opinion, the Seller is ordinarily in the business of marketing or vending.
        5. If a Seller lists Deals on our Website the Seller must:
          1. list the Deal in compliance with these Terms of Use and all relevant laws in the corresponding jurisdiction for each of the geographic regions in which the Seller lists the Deal;
          2. comply with any specific Deal listing rules that we stipulate on our Website from time to time;
          3. provide an accurate description for the Deal and endeavour to use authentic and accurate images and photographs in the listing;
          4. ensure that the Deal is listed in the appropriate category and tagged accurately;
          5. ensure that if a product is not new the listing clearly describes it as ‘second-hand’ or ‘refurbished’ (as applicable);
          6. communicate promptly and honestly with the Buyer; and
          7. provide the Buyer with any remedies that the Buyer is entitled to under the relevant consumer laws in jurisdiction where the Seller lists the Deal.
      3. Prohibited Items
        1. The following are prohibited and a Seller must not list them in a Deal:
          1. anything which infringes any laws or the rights a third party (for example intellectual property rights, copyright or trade marks);
          2. all adult or sex related products or services, including clubs and establishments offering these;
          3. counterfeit products or services;
          4. endangered animals or illegal animal products;
          5. gambling promotions, lottery tickets, scratch cards or other gambling related material;
          6. illegal drugs;
          7. obscene or indecent material;
          8. fake identification cards, passports or drivers licences;
          9. human organs or human tissue;
          10. pyramid or ‘get rich quick’ schemes;
          11. tobacco and tobacco related products;
          12. products that are forbidden or restricted under quarantine and import laws in the corresponding jurisdiction for each of the geographic regions in which the Seller lists the Deal; or
          13. any other business, product or service that in our sole discretion we consider is unsuitable or inappropriate for a Deal listed on our Website.
      4. Regulated Categories
        1. Where a Deal includes the advertisement of a business, product or service which is regulated by law in the state or country the Buyer or Seller is located in: (a) that Deal is the sole responsibility of the Seller and not by us; and (b) the Seller is solely responsible for complying with all applicable laws relating to the Deal.
        2. Certain categories in which a Seller lists a Deal on our Website will be designated by us as a ‘Regulated Category’. A ‘Regulated Category’ is likely to contain regulated businesses, products and services and, accordingly, we will only display listings for Regulated Categories to Registered Users who are 18 years old or over.
        3. Notwithstanding clause 7.9, even if a category is not designated by us as a ‘Regulated Category’ the Seller is still responsible for complying with all applicable laws relating to that Deal.
  8. SUSPENSION and TERMINATION
    1. Without limiting any other remedy available to us, in our discretion, we may issue a warning or without notice to you temporarily or permanently limit, suspend or terminate your user account (in whole or in part) if:
      1. you breach, or we suspect that you may breach, these Terms of Use;
      2. you are a Seller who lists a Deal that is unsuitable, which is reported to us as ‘Inappropriate’, or which we otherwise believe breaches these Terms of Use;
      3. you access or use the Website (or attempt to) in a fraudulent, prohibited or unlawful manner;
      4. you register a user account (or attempt to) in a fraudulent, prohibited or unlawful manner or we are unable to verify your information;
      5. your user account has been inactive for a prolonged period; or
      6. we reasonably consider such action necessary to comply with any law or to protect us, our Website, our personnel and other users.
    2. If we limit, suspend or terminate your user account:
      1. you may be prevented from listing a Deal, Redeeming a Deal and/or from accessing all or part of our Website, your account details or other content contained in your account;
      2. we may temporarily or permanently remove or delete any of your content or Deal listings on our Website;
      3. we may take any technical and legal steps we believe are necessary to protect us, our Website, our personnel and other users; and
      4. we will not be liable for any loss or damage suffered by you or any third party.
    3. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone we or they believe is in breach of these Terms of Use or any applicable law.
    4. Our rights to limit, suspend or terminate your user account does not limit any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
  9. INTELLECTUAL PROPERTY
    1. You agree not to reproduce, copy, sell, re-sell, distribute, exploit or modify any content or aspect of our Website (other than your own content) without our express written consent. These Terms of Use do not grant you any rights (including intellectual property rights) in our material, trade marks, logos, business names, domain names or other distinctive brand features.
    2. Logos and trade marks that are owned by third parties and used on our Website are used with permission and remain the intellectual property of those third parties.
    3. When you provide us with images or content or post a Profile, Deal or other  listing format on our Website you grant us a perpetual, royalty-free, irrevocable, non-exclusive, licence (including the right to sub-license) to use, copy, modify, adapt, translate, publish, prepare derivative works and distribute world-wide that content through our Website or in any media known now or developed in the future. This may include developing your ideas and suggestions for improving our Website or our services.
    4. Intellectual Property Infringement Reporting: If the owner of copyright, trademark rights or other intellectual property rights reasonably believes that a Deal listing on our Website infringes their intellectual property rights they may submit a written notice and we will investigate. If a legal representative of the entitled party files a valid written report in relation to a Deal listing that infringes it client’s intellectual property rights we will remove that Deal.​
  10. PRIVACY
    1. Our Privacy Policy located at https://www.gothehand.com/privacy-terms/privacy-policy is incorporated into and forms part of these Terms of Use. By accessing or using our Website you provide your express consent to the collection, use, storage and disclosure of your information in accordance with our Privacy Policy.
    2. Our Website uses Microsoft’s cloud infrastructure (Azure) and, depending on current performance and redundancy requirements, may physically exist in one or more of Microsoft’s Azure data centre. A list of Azure data centre locations is found at http://azure.microsoft.com/en-us/regions/ and more information about how Microsoft handles security and privacy on Azure is found at http://azure.microsoft.com/en-us/support/trust-center/.
  11. LIABILITY and INDEMNITY
    1. Our Website is provided on an ‘as is’ basis and your use of our Website is at your sole risk. We do not guarantee that your access to or use of our Website will be continuous or fault free or that the information obtained from our Website will be accurate or reliable.
    2. Any material accessed or downloaded through the use of our Website is at your own risk. You will not hold us responsible for any damage to your computer hardware or system or for any loss of data that results from accessing or downloading any material through the use of our Website or from accessing our Website.
    3. We accept no liability in relation to any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind listed or published on our Website.
    4. To the extent permitted by law:
      1. we do not provide any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to your use of our Website or the Deals listed on our Website; and
      2. we, and our directors, officers, employees, agents, advisors, related entities and affiliates are not liable to you or a third party for any loss or damage, including, but not limited to, direct loss, indirect loss, consequential loss, loss of profits, loss of goodwill, loss of reputation, loss of revenue, loss of opportunity, loss of anticipated savings and loss of data, arising under or in connection with:
        1. any Deal,
        2. a statement, conduct, act or omission (whether negligent or not) of any Buyer, Seller, Registered User or Anonymous User;
        3. access or use of our Website or a failure, delay or inability to use any component of our Website;
        4. any interference with or damage to computer hardware or systems that occurs in connection with access or use of our Website; or
        5. any unauthorised access to or alteration of your account information.
    5. You indemnify us and our directors, officers, employees, agents, advisors, related entities and affiliates from and against any claims, loss, damages liabilities or expenses of any kind (including legal expenses), incurred or suffered by us as a result of any claim, demand, suit, action or proceeding by any person against us that arises out of or in connection with:
      1. any breach of these Terms of Use;
      2. any conduct or activity related to your access or use of our Website or your account (including a claim of infringement of any intellectual property rights).
    6. If you enter into a dispute with a Seller or Buyer, you release us (and our directors, officers, employees, agents, advisors, related entities and affiliates) from all claims, demands and damages arising out of or in any way connected with the dispute.
    7. Where any of this clause 11 is held not to apply and we are found to be liable, our total aggregate liability to you or any third party (whether in contract, tort (including negligence), strict liability in tort, under statute or otherwise) is limited to the greater of:
      1. the total value of the last Deal that you listed on our Website if you are a Seller, or the total value of the last deal that you Redeemed on our Website if you are a Buyer; and
      2. AU$5,000.
  12. OTHER WEBSITES
    1. Where our Website contains links to third party websites or to materials provided by third parties those links are for your convenience and for information purposes only. We have no control over and do not accept any responsibility for third party websites or for the content, products or services of third party sites (including, without limitation, relating to social networking sites such as Facebook, Twitter or Google+). If you decide to access any third party website, you do so entirely at your own risk. We accept no responsibility for any loss or damage that may arise from your access or use of any third party website.
  13. GENERAL
    1. We control and operate our Website from Perth, Western Australia. These Terms of Use are governed by the laws of the State of Western Australia, Australia and each party submits to the non-exclusive jurisdiction of Western Australia and the courts of appeal from them.
    2. Any provision of these Terms of Use which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms of Use enforceable, unless this would materially change the intended effect of these Terms of Use.
    3. Any failure by us to exercise or any delay in exercising a right or remedy provided by these Terms of Use or by law does not waive the right or remedy.
    4. We may assign or novate any of our rights and obligations under these Terms of Use to another party at any time without notice to you. You may not transfer, assign or novate these Terms of Use without our prior written consent.
    5. These Terms of Use constitute the entire agreement between the parties as to its subject matter, and supersede any prior understanding, representation or agreement between the parties. Headings are for reference purposes only and do not form part of these Terms of Use. Clauses 3 (Summary of GTH OnSale), 5 (Acceptable Use), 8 (Suspension and Termination), 9 (Intellectual Property), 10 (Privacy), 11 (Liability and Indemnity) and 13 (General) survive any termination of these Terms of Use.
 

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