Your downloading, installation and use of any Software, and your use of Gotoogle Services, are subject to the following terms and conditions (Terms). By downloading the Software or using the Service, you agree to be bound by the Terms set out herein and you may not deny any of the acknowledgments contained in these Terms.
If you do not agree to any of these Terms, then you must not download, install or use the Software, or use the Service.
In these Terms, unless the context otherwise requires:
Gotoogle means Gotoogle Pty Ltd ACN 062 256 482;
Merchant means the merchant from whose website you are entering a session using the Gotoogle System to initiate a payment to the merchant (and that party’s successors and assigns),
Terms means the terms and conditions as in force at the time when you enter a session using the Gotoogle System;
You refers to each person who downloads the Gotoogle Software or uses the Gotoogle System.
We, Us, Our, and Ours each mean Gotoogle, the Merchant and their respective affiliates, licensors and service providers;
Gotoogle means the Gotoogle Software and the Gotoogle Service;
Gotoogle Service means the web-based service that facilitates on line payments;
Gotoogle Software means the application software that Gotoogle makes available for you to download and use under these Terms, for the purpose of accessing the Gotoogle Service.
By downloading, installing, or using the Gotoogle Software, or accessing and using the Gotoogle Service you agree that:
Gotoogle owns all of the Intellectual Property and rights in Gotoogle; You will only use the Gotoogle Software to access and use the Gotoogle Service in accordance with these Terms, and for no other purpose; You will not modify, adapt, translate or create derivative works based upon the Gotoogle Software; You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Gotoogle Software; You will not monitor or alter the execution of Gotoogle using tools external to Gotoogle; You will not alter the inputs, outputs or internal data of Gotoogle while executing; Your access to and use of any third party software or websites, including any goods, services, software or information made available from such sites, is governed by the third party’s terms and conditions found, if any, and is at your own risk; You will not use the Gotoogle Software from countries that are subject to U.S.A. export restrictions, including Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria; Gotoogle is provided ’as is’ without any warranty or indemnity of any kind by Gotoogle; This agreement is enforceable like any written contract signed by you. Gotoogle Services The Gotoogle Service is not a credit payment service.
The services available to you using the Gotoogle Service are limited to:
giving you the ability to make purchases from the Merchant online from your account held with your financial institution, without the need for you to use a credit card or a scheme debit card; facilitating your use of an electronic funds transfer from your account held with your financial institution, to the Merchant’s bank account, Any payment made to the Merchant by you that is facilitated by the Gotoogle Service will always be subject to your financial institution’s terms, conditions and policies that govern internet banking in so far as they relate to transfers of funds from your account to a third party’s account.
By utilising the Gotoogle Service, you warrant that the account from which you are initiating the payment is your account, and that you are authorised to make payments from the account from which that payment was made.
You acknowledge and agree that if We process a refund of a previous payment that you initiated using Gotoogle, the that refund is to be directed to the same account from which the original payment was initiated.
By making Gotoogle available to you, We are not making any representation that Gotoogle have the approval or, an affiliation with, or any licence from or agreement with your financial institution to operate or make Gotoogle available for use by you.
We will not be liable to you or any other party for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of Gotoogle, including, without limitation, any loss or damage that arises as a result of your download or use of the third party software referred to above.
To the extent permitted by law, We disclaim all warranties and conditions, express or implied, in respect of Gotoogle and your use of Gotoogle including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Where any applicable law prohibits Us from excluding or modifying any implied warranty or condition, such warranty or condition will be deemed included and Our liability for breach thereof will be limited to providing the relevant service again.
In no event will We or Our respective directors, officers, employees or agents be liable to you or any other party for any consequential, special, indirect or punitive loss or damages, nor for any lost profits, lost business or lost data, even if advised of the possibility of such losses or damages. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach or breach of a fundamental term.
You will indemnify Us and keep Us harmless from and against any claim made against us by any party arising out of any breach by you of any of your warranties or obligations under these Terms or arising out of any unauthorised, improper or illegal use of Gotoogle.
You will ensure that your access to or use of Gotoogle is not illegal or prohibited by laws that apply to you.
You will take your own precautions to ensure that the process that you use for accessing or using Gotoogle does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to your computer system that arises in connection with your use of the Gotoogle Software.
We do not charge You a fee for using the Gotoogle Service. The Merchant may charge a fee for use of the Gotoogle Service; this fee may vary from time to time. You can obtain information about such fees from the Merchant’s website at the time of purchase.
Complaints, Unauthorised Transactions and Mistaken Transactions If You believe that there has been an unauthorised or mistaken transaction, You should contact your financial institution and endeavour to address the issue under the terms and conditions applicable to you.
If you have any other complaint, You should follow our Dispute Resolution Policy by clicking here
These Terms will be governed by, and interpreted according to, the laws of Queensland, Australia and you consent to submit to the jurisdiction of the courts of Queensland.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond Our reasonable control.
If We waive any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms conditions are held to be invalid, unenforceable or illegal for any reason, it will be read down to the extent of the invalidity, unenforceability or illegality, and the remaining terms and conditions shall nevertheless continue in full force.
These Terms constitute the entire agreement between you and Us concerning your use of Gotoogle.
The Terms that were available from Our website at the time of Your transaction will apply to that transaction.
While We retain the right to unilaterally vary these Terms without notice, that variation would only apply to subsequent use of Gotoogle.