TERMS AND CONDITIONS OF USE

Welcome to http://gteexpert.com.au/ (hereinafter referred as “Website” or “we” or “us”), owned and operated by EDUCATION CENTER PTY.LTD (name of the Company) with its office located at 85 William street, Darlighurst 2010 NSW AUSTRALIA (Office Address). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our Website constitutes your agreement to all such Terms.
Our Website provides an online facilitating platform through which we provide customers who wish to avail the Student Visa Program (hereinafter referred as “Users”) with best, precise and accurate Genuine Temporary Entrant Statements (hereinafter referred as “GTE Statements”) through the website.
By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us.
Please read carefully these Terms and our Privacy Policy, which may be found at Privacy Policy page, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties.
The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website.
This Website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Website fraudulently. This Website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.
PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.1. DEFINITIONS AND INTERPRETATION:
1.1 “Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
1.2 “http://gteexpert.com.au/” means the online hosting and facilitating platform via which Users can receive accurate and precise GTE Statements written by various Experts who are appointed by the Website.
1.3 “User” shall include individuals who wish to create an account on the website to avail accurately and precisely written GTE Statements through the website to avail the Student Visa Program.
1.4 “Experts” shall mean individuals who have the required skilled and expertise to write the GTE Statements are appointed by the Website to write the GTE Statements for the Users who register themselves on the website to avail the services provided by the Website.
1.5 “GTE Statement” shall mean the Genuine Temporary Entrant Statement which must be submitted in accordance with the Genuine Temporary Entrant (GTE) as an integrity measure to ensure the student visa program is used as intended and not as a way for international students to maintain ongoing residency in Australia. The GTE requirement provides a useful way to help identify those applicants who are using the student visa program for motives other than gaining a quality education.
1.6 “Account” means the accounts created by the Users on our website in order to use the services provided by us. Once the User creates an account on our website then the user will become registered user of the website.
1.7 The official language of these terms shall be English.
1.8 “Content” means text, graphics, images, music, audio, video, information or other materials.
1.9 “User content” means all Content, including but not limited to feedback, comments etc. that a user posts, uploads, publishes, submits or transmits to be made available through our website.
1.10 “Our website content” means all content that our website makes available through the website or Services, including any Content licensed from a third party, but excluding user Content.
1.11 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. ELIGIBILITY OF MEMBERSHIP
2.1 Use of the Website is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users.
2.2 Our Website reserves the right to terminate your membership and refuse to provide you with access to the Website if we discover that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
2.3 Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Website you agree to be bound by the Terms and Conditions.
3. REGISTRATION:
3.1 In order to avail our services User shall be required to create an account with us in order to become a registered user.
3.2 In order to create an account and register with us User shall provide certain personal information such as name, contact number, email address, Passport details, TRN Number if visa has already been applied and application form as required by us.
3.3 User represents and warrants that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.4 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.5 When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
3.6 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at assistme@gteexpert.com.au. You may not transfer or sell your http://gteexpert.com.au/ account and to another party.
3.7 Our Services are not available to temporarily or indefinitely suspended members.
3.8 Our Website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Website reserves the right to refuse service to anyone, for any reason, at any time.
3.9 One individual can own only one account in his/her name.
3.10 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Website’s policies as stated in the Agreement and the Website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
4. SERVICES:
4.1 You understand and agree that we are facilitating platform which provides services to You and persons using the website. All GTE Statements offered by the Website are accurate and verified as Experts who provide the GTE Statements are expertise individuals who have been selected by the Website.
4.2 While providing the Expert with a new case we ensure that the Expert receives details about the format and structure of the GTE Statement which shall include but not be limited to details which shall be included in the GTE Statement and details which shall not be avoided in the GTE Statements. Once a GTE Statement has been prepared by the Expert, is proofread by us to maintain the accuracy and preciseness of the GTE Statement.
4.3 Once your order for drafting GTE Statement has been posted on the website, the Supplier may raise a bid for the same by writing “I TAKE THIS CASE” in the comments. The Supplier who bids first and eligible to take up the work shall be allotted the work accordingly. Supplier may cancel its bid by leaving comment stating “I CANCEL THE BID” under the case within 2 hours of raising the bid. the same.
4.4 Once the work is been allotted to a Supplier and he/she has not cancelled his bid within two (2) hours of raising the bid, the Customer shall pay the fee to the Supplier. The Supplier shall be under an obligation to draft the GTE Statement within three (3) days of receiving the payment from the User thereto.
4.5 User may amend the GTE Statement which shall include but not be limited to adding or removing some information from the GTE Statement prepared by the User.
4.6 The User cannot refuse to accept the GTE Statements prepared by the Expert as the GTE statements have been prepared by Experts who have the required skilled and expertise to write the GTE Statements and GTE Statements are proof read by us once they have been prepared by the Expert and we use our best services to ensure that the User is provided with the best GTE Statement
4.7 In case of any dispute between the User and the Expert who prepares the GTE Statement for the User, our decision shall stand binding as the GTE Statements provided by the Experts have been prepared by them on our behalf and we take full care in selecting the Expert to ensure that the GTE Statements is accurate, precise and of best quality as mentioned in Clause 4.5 above.
5. PAYMENTS:
5.1 The registration process for the Users is free of Cost. The website may at its sole discretion change its policies and may charge respective from the User.
5.2 User shall pay the website fee for availing the services provided by the website. Upon the payment of the fee by the User the Website shall assign an Expert the work to draft a GTE Statement for the User.
5.3 The payment mentioned in clause 5.2 shall be made to the website through PayPal or through any other third party payment method available on the website.
6. REFUND AND CANCELLATION:
6.1 The User may cancel the order placed by the User to draft a GTE Statement for the User any time before User receives an email with the questionnaire.
6.2 Requests made by the User to cancellation of the order placed by the User before receiving the email as mentioned in Clause 6.1 shall be entitled to full refund except 100 American Dollars which is the Administration fee and includes international currency exchange fee, debit/credit card administration fee amounting to 3%,
6.3 User whose Visa is refused shall not be entitled to refund if:
• Users have any previous Australia/New Zealand visa refusal history.
• User refuses to cooperate and provide accurate information which shall include but not be limited to failure of the User to fill up a questionnaire or if the User fails to provide the accurate information or incorrect information has been provided casually by the User.
• If the country belonged to assessment level is 2-3, the complete list of countries belonging to assessment level 2-3 is as mentioned below:
Afghanistan
Argentina
Bahamas
Bangladesh
Barbados
Belize
Bhutan
Bolivia
Bosnia- Herzegovina
Botswana
Brazil
Burma
Cambodia
China
Colombia
Costa Rica
Croatia
Cuba
East Timor
Ecuador
Egypt
El Salvador
Fiji
Ghana
Grenada
Guam
Guatemala
Honduras
Hungary
India
Indonesia
Iran
Israel
Jamaica
Jordan
Kazakhstan
Kenya
Kiribati
Laos
Lebanon
Lithuania
Malawi
Macedonia
Maldives
Mongolia
Montenegro, Republic of
Mozambique
Namibia
Nauru
Nepal
Nicaragua
Nigeria
Northern Mariana Islands
Pakistan
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Puerto Rico
Reunion
Romania
Russian Federation
Slovak Republic
Slovenia
Solomon Islands
South Africa
Sri Lanka
St Kitts-Nevis
St Lucia
St Vincent & Grenadines
Suriname
Syria
Taiwan
Tanzania
Thailand
Tonga
Trinidad and Tobago
Turkey
Tuvalu
Ukraine
Uruguay
Vanuatu
Venezuela
Vietnam
Western Samoa
Yemen
Zambia
Zimbabwe

• If the education provider assessment level is 3 (User may ask his education provider on what is his assessment level).

6.4 If the Visa of the User has been refused for reasons excepts for those mentioned in Clause 6.3 above, the User shall be entitled to refund by filling refund form and the refund request shall be processed accordingly within 30 days.
7. YOU AGREE AND CONFIRM:
7.1 That you will use the services provided by our Website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Website and / or other affiliated Websites without prior intimation
7.2 That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
8. OUR WEBSITE AS A PLATFORM:
8.1 The Website is only a venue through which Users can get their GTE Statements prepared from individuals who have expertise and experience in the field.
8.2 You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. We hereby expressly disclaim all responsibility and liability in that regard.
8.3 You shall independently agree upon the manner and terms and conditions of the website when you transact with us.
8.4 You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any loss suffered by the User.
9. YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
9.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
9.2 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
9.3 Interfering with any other person’s use or enjoyment of the Website.
9.4 Breaching any applicable laws;
9.5 Interfering or disrupting networks or website connected to the Website.
9.6 Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
9.7 Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Websites, services, Websites, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Websites, services or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Website, services.
10. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
We may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of the Agreement at any given time on our Website. You should regularly review the Terms & Conditions on our Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.
11. REVIEWS, FEEDBACK, SUBMISSIONS:
11.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
11.2 We are and shall be under no obligation
(i) to maintain any Comments in confidence;
(ii) to pay you any compensation for any Comments; or
(iv) to respond to any Comments.
11.3 You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
11.4 Our Website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
12. COPYRIGHT & TRADEMARK:
12.1 Our Website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of http://gteexpert.com.au/ or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Website. You cannot modify, distribute or re-post anything on this Website for any purpose.
12.2 http://gteexpert.com.au/ names and logos and all related product and service and our slogans are the trademarks or service marks of EDUCATION CENTER PTY.LTD. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
12.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of our Website or its suppliers and protected by laws of Australia. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Website, one of its affiliates or by third parties who have licensed their materials to us and are protected by the laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of our Website and is also protected by the laws of Australia.
12.4 If you learn of any unlawful material or activity on our Website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
12.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
12.6 Notices regarding our Website should be sent to: assistme@gteexpert.com.au.
13. INDEMNITY:
You agree to defend, indemnify and hold harmless our Company/Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14. TERMINATION:
14.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
14.2 Without limiting the foregoing, we may close, suspend or limit your access to our Website:
– if we determine that you have breached, or are acting in breach of, this Agreement;
– if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
– if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
– to manage any risk of loss to us, a User, or any other person; or
– For other similar reasons.
14.3 If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
14.4 If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the Website.
14.5 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
15. DISCLAIMERS AND LIMITATION OF LIABILITY:
15.1 The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.
15.2 The Website provides content from different Users and Experts and while our Website tries to ensure that material included on the Website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we and our suppliers shall not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
– Your use of or your inability to use our Website, Services and tools;
– Delays or disruptions in our Website, Services, or tools;
– Viruses or other malicious software obtained by accessing our Website, Services, or tools or any Website, Services, or tool linked to our Website, Services, or tools;
– Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
– The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
– A suspension or other action taken with respect to your account; and
15.3 Without prejudice to the generality of the section above, the total liability of our Website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Our Website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, our Website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
15.4 Our Website periodically schedules system downtime for the Websites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Websites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Websites, any Internet service providers or otherwise.
16. GOVERNING LAWS AND JURISDICTION:
16.1 This User Agreement shall be construed in accordance with the applicable laws of Australia regardless of your physical location.
16.2 The Courts at NSW, Australia shall have exclusive jurisdiction in any proceedings arising out of this agreement.
17. DISPUTE RESOLUTION:
17.1 Disputes with our website:
(i) Generally, transactions are conducted smoothly on our website. However there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the website.
(ii) The venue for arbitration shall be NSW, Australia and the language used for arbitration shall be English.
17.2 The award of the arbitration shall be binding on both, you and us.
17.3 The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
17.4 Disputes amongst Users or Experts:
a) In the event a dispute arises between/amongst users i.e. between an Expert and a User, we encourage you to first contact the party with whom you have a dispute in order to resolve the dispute amicably.
b) You may also report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
c) You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes amongst users/with one or more users, or an outside party.
d) Our website shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
18. WEBSITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from us on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
19. PRIVACY:
All Personal Information and User Generated Content provided to or displayed on the Website and Services are subject to our Privacy Statement.
20. NOTICE
20.1 By using the Website and Services, you accept that communication with us will be mainly electronic. We will contact you by messages or provide you with information by posting notices on the Website and Services.
20.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
20.3 Notice will be deemed received and properly served immediately when posted on the Website and Services, 24 hours after a message is sent. As proof of service, it is sufficient that the message was sent to the specified mobile number.
21. LEGAL COMPLIANCE
21.1 In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
21.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in your country.
22. LINKS TO OTHER WEBSITES:
Links to third party websites on this website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked website. We have not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do this entirely at your own risks.
23. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
24. SEVERABILITY:
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
25. ASSIGNMENT:
25.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
25.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
26. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
27. DIGITAL SIGNATURE:
27.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
27.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
27.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
27.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
28. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
29. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at assistme@gteexpert.com.au.