Website Terms and Conditions of Use
1. About the Website
1a. Welcome to https://www.novoglobo.com/ (the 'Website').The Website facilitates interactions between:
- (i) Website visitors (the 'Receiver'); and
- (ii) Product or service providers (the 'Provider),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1b. The Website is operated by Novo Globo (ACN 657694696). Access to and use of the Website, or any of its associated Products or Services, is provided by Novo Globo. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1c. Novo Globo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Novo Globo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2a. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Novo Globo in the user interface.
3. The Services
3a. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3b. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (i) Email address
- (ii) Mailing address
- (iii) Telephone number
- (iv) Password
3c. You warrant that any information you give to Novo Globo in the course of completing the registration process will always be accurate, correct and up to date.
3d. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.
3e. You may not use the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with Novo Globo; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4a. As a Member, you agree to comply with the following:
- (i) you will not share your profile with any other person;
- (ii) you will use the Services only for purposes that are permitted by
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Novo Globo of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- (v) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- (vi) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
- (vii) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
- (viii) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
- (ix) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Novo Globo;
- (x) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (xi) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Novo Globo for any illegal or unauthorised use of the Website; and
- (xii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
5a. Receivers can browse the website and its content anonymously or as logged in users. In addition, Receivers can interact with the Providers. Lastly, Receivers can purchase from the Website.
6. Using the Website as the Provider
6a. Providers can browse the website and its content anonymously or as logged in users, In addition, Providers can advertise their brands, products, services, brands and more. Lastly, Providers can interact with Receivers on the Website.
7. Refund Policy
7a. Since Novo Globo is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Novo Globo does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
7b. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Novo Globo requires the Receiver to:
- (i) contact the Provider directly to request a refund; and
- (ii) if contacting the Provider is not successful after fourteen (14) days, contact Novo Globo through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
7c. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately contact Novo Globo through the 'Contact Us' section of the Website outlining the refund request
7d. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Novo Globo to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Novo Globo in processing the refund.
7e. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
8. Copyright and Intellectual Property
8a. The Website, the Services and all of the related products of Novo Globo are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Novo Globo or its contributors.
8b. All trademarks, service marks and trade names are owned, registered and/or licensed by Novo Globo, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- (i) use the Website pursuant to the Terms;
- (ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
- (iii) print pages from the Website for your own personal and non-commercial use.
8c. Novo Globo retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- (i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Novo Globo; or
- (ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- (iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8d. You may not, without the prior written permission of Novo Globo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8e. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Novo Globo a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
10. General Disclaimer
10a. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10b. Subject to this clause, and to the extent permitted by law:
- (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- (ii) Novo Globo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10c. Use of the Website, the Services, and any of the products of Novo Globo (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the Products of Novo Globo, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Novo Globo including any third party where the Delivery Services are made available to you make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Novo Globo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- (ii) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
- (iii) costs incurred as a result of you using the Website, the Services or any of the Products;
- (iv) the Content or operation in respect to links which are provided for the User's convenience;
- (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10d. You acknowledge that Novo Globo Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Novo Globo holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
11. Limitation of Liability
11a. Novo Globo's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11b. You expressly understand and agree that Novo Globo, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11c. You acknowledge and agree that Novo Globo holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
12. Termination of Contract
12a. If you want to terminate the Terms, you may do so by providing Novo Globo with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Novo Globo via the 'Contact Us' link on our homepage.
12b. Novo Globo may at any time, terminate the Terms with you if:
- (i) you have breached any provision of the Terms or intend to breach any provision;
- (ii) Novo Globo is required to do so by law;
- (iii) Novo Globo is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- (iv) the provision of the Services to you by Novo Globo is, in the opinion of Novo Globo, no longer commercially viable.
12c. Subject to local applicable laws, Novo Globo reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Novo Globo's name or reputation or violates the rights of those of another party.
12d. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Novo Globo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13a. You agree to indemnify Novo Globo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- (iii) any breach of the Terms.
14. Dispute Resolution
14a. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14b. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14c. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- (i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- (ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Alternative dispute resolution (ADR) or his or her nominee;
- (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- (iv) The mediation will be held in Sydney, Australia.
14d. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14e. Termination of Mediation: If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
15a. The Services offered by Novo Globo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
16a. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
17a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.