Terms of Use

In these Terms of Use, “GOYA” or “We” mean GOYA Sport Pty Ltd (ABN 24 619 772 664).

The following Terms of Use outline the general terms and conditions for using this website and application. By accessing this website and application, you are indicating your acknowledgement and acceptance of these terms and conditions. If you do not agree to these Terms of Use, please do not use this website and application.

Copyright

All information, text, material, graphics, software and advertisements on this website and application is copyrighted and trademarked by GOYA, unless indicated otherwise, and consequently protected by Australian and international copyright and trademark laws.

You are not entitled to modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute any content on this website and application in any way without written permission from GOYA, unless expressly authorised by this website and application.

Accuracy of Content

All content is provided as a general information service only and we do not make any guarantees as to its accuracy. We assume no liability or responsibility for errors or omissions on this website and application.

Restrictions On Use

You must not use this website and application in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is otherwise prohibited by these Terms of Use.

Communication Facilities

This site may from time to time contain electronic bulletin boards and other communication facilities which provide for feedback by users and members to GOYA, real-time interaction between users and members and other electronic messaging and notice services (“Communication Facilities”).

It is a condition of use that you do not:

1. restrict or inhibit any other user or member from using or accessing any part of this website and application;
2. post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of any jurisdiction;
3. post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right, without first obtaining permission from the owner or relevant right holder;
4. knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of GOYA or any of its users or members;
5. post or transmit any information or material that advertises or promotes another business or website and application without the prior written consent of GOYA;
6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
7. download any information, material or file posted by any other user or member of this website and application if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner or has been posted on this website and application in breach of the Terms of Use.
8. Although this section not actively monitored (unless an incident is reported), please be aware that all comments and messages are tracked and can be reviewed at any time if required. This will include the original message, date and times of any subsequent changes to that message. Failure to comply with these rules can lead to account suspension and/or closure.

We reserve the right to monitor or review the contents of our Communication Facilities. We reserve the right to remove in whole or in part any information, material or file that has been posted in contravention of the Terms of Use, any applicable law or that we consider is offensive or irrelevant for any reason. However, to the fullest extent permitted by law, we take no responsibility and assume no liability for the content of any information or material posted to the Communications Facilities including any information or material that is offensive, contravenes any applicable law, or is misleading or deceptive.

You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

We will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.

Also note that all

User Licence to GOYA

If you place any information or other material on this website and application (including by posting messages, uploading files, inputting data or engaging in any other form of communication), you expressly grant to us a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide licence to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.

This licence includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of GOYA all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If we so request, you agree to sign such documents as we may request from time to time to perfect or otherwise confirm the terms of this licence agreement.

The licence also confers upon us the right to sublicense to any third party any of the rights hereby conferred on us.

We will take reasonable measures to protect and safeguard any personal information submitted by you in accordance with our Privacy Policy.

Disclaimer and Limitation of Liability

1. All content is provided “as is” and without warranties of any kind, either express or implied;
2. GOYA expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose;
3. GOYA does not warrant that the functions contained in any content or any Communications Facility or user or member access to this website and application will be uninterrupted or error-free, that any defects will be corrected or that this website and application or the server which stores and transmits content to you are free of viruses or any other harmful components;
4. GOYA does not warrant or make any representation regarding user or member access, or the results of user or member access, to this website and application (including any linked website and applications).

Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of GOYA) will GOYA or its affiliates be liable for any direct or indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website and application or any content.

GOYA makes no express or implied claims that you will make money as a result of purchasing GOYA products or following advice on this website and application.

To the fullest extent permitted by law, GOYA’s liability for breach of any implied warranty or condition which cannot be excluded is limited to the amount paid by you to GOYA for the applicable content, product or service out of which liability arose.

Indemnity

You will indemnify and hold harmless GOYA, its subsidiaries, affiliates, licensors, employees, agents, officers, directors, shareholders and contractors (Indemnified Parties) harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorised in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and legal fees of the Indemnified Parties. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Termination

We reserve the right to make changes to these Terms of Use. We may terminate your access to this website and application at any time without notice. In the event of termination, all restrictions imposed on you, licenses granted by you and all GOYA disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia and shall be subject to the jurisdiction of the courts of Victoria, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

All rights not expressly granted herein are reserved.