ACCEPTANCE OF TERMS AND CONDITIONS
“Go Big Media” provides an interactive online service operated by Lagesu Pty Ltd Trading As Big Media.com.au (herein referred to as “Go Big Media”) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by Go Big Media, affiliates of Go Big Media and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User.
By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof.
The right to use this Site is personal to End-User and is not transferable to any other person or entity.
The right to use the Site is solely for personal and non-commercial use.
End User shall be responsible for protecting the confidentiality of End User’s password(s), if any.
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Go Big Media, and Go Big Media shall not be responsible for any data lost while transmitting information on the Internet.
While it is Go Big Media’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Go Big Media, access to the Site may be interrupted, suspended or terminated from time to time.
Go Big Media shall have the right at any time to change or discontinue any aspect or feature of Go Big Media, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Go Big Media may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
Any such deletions or modifications shall be effective immediately upon Go Big Media’s posting thereof. Any use of Go Big Media by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto.
Go Big Media shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
5. End User Conduct
Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only.
End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without Go Big Media’s express prior, written approval, contains advertising or any solicitation with respect to products or services.
Any conduct by an End User that in Go Big Media’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited.
End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Go Big Media.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Go Big Media, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Lagesu Pty Ltd Trading As Big Media.com.au (ACN 001726049) or used with express permission of the copyright and/or trademark owner.
Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the Microsites without the express written permission of Lagesu Pty Ltd Trading As Big Media.com.au is strictly prohibited.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Go Big Media protected by copyright as a collective work under Australian copyright laws.
Go Big Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
End User may download / print / save copyrighted material for End User’s personal use only.
Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Go Big Media and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Go Big Media shall not be deemed to be in the public domain but rather the exclusive property of Go Big Media, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Go Big Media, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Go Big Media does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.
End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Go Big Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use.
End User hereby grants Go Big Media the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Go Big Media, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
End User expressly agrees that use of this site and the Microsites is at End User’s sole risk.
Neither Go Big Media, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to
(i) the results that may be obtained from use of this site, or
(ii) the accuracy, reliability or content of any information, service or merchandise provided through this site or the Microsites
This Site and the Microsites are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. End User specifically acknowledges that Go Big Media is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with end user.
In no event shall Go Big Media, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the Microsites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. End User hereby acknowledges that the provisions of this section shall apply to all content on this Site and the Microsites.
In addition to the terms set forth above, neither Go Big Media, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this Site or any of the Microsites, or for any delay or interruption in the transmission thereof to the End User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
Go Big Media is not responsible for any content that a user, subscriber, or an unauthorized user may post on this site or any of the Microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by Go Big Media. Moreover, Go Big Media reserves the right to edit, change, alter, delete and prohibit any and all content that Go Big Media deems unsuitable.
Go Big Media shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Go Big Media, as well as to satisfy any applicable law, regulation or authorized government request.
Without limiting the foregoing, Go Big Media shall have the right to remove any material that Go Big Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge.
Go Big Media does not control or endorse the content, messages or information found in any Community, and, therefore, Go Big Media specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content.
Generally, any communication which End User posts to Go Big Media (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Go Big Media as confidential, that fact will be stated on those pages.
10. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to Go Big Media a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Go Big Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site and/or the Microsites by End User.
Go Big Media may terminate this Agreement at any time.
Without limiting the foregoing, Go Big Media shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Go Big Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
Go Big Media is licensed from Lagesu Pty Ltd Trading As Big Media.com.au (ACN 001 726049). All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Go Big Media are the property of their respective owners.
14. Third Party Content
Go Big Media, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Go Big Media has no more editorial control over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Go Big Media.
Neither Go Big Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Go Big Media. Go Big Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Go Big Media by anyone other than authorized Go Big Media employee spokespersons while acting in official capacities.
Under no circumstances will Go Big Media be liable for any loss or damage caused by an end user’s reliance on information obtained through Go Big Media.
It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Go Big Media.
Go Big Media contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Go Big Media of the contents on such third-party sites and Go Big Media hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites.
If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Go Big Media expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Go Big Media reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for Go Big Media established by Go Big Media constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. Go Big Media’s headquarters are in Sydney, Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New South Wales (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Sydney, Australia.
16. Refund Policy
If you make an order to purchase a Voucher, and the Minimum Quota has not been met, Go Big Media will charge-back the full purchase price to your credit card.
You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Voucher, except as required by law.
17. Refer-A-Friend Program
To be eligible for the “Refer-a-friend” credit, your referral must meet the following criteria:
a) Your friend must have signed up directly via the link specified in your refer-a-friend email; and
b) Your friend must have made a purchase without the use of a Promo Code via the Website where the amount paid for the purchase was in excess of $0.00.
You will not be given the “refer-a-friend” credit for a referral in the case that your friend has signed up, via any other channel other than directly through the “refer-a-friend” link specified in the email. You will not receive any credit for subsequent purchases, after the first purchase made by your friend.
Go Big Media, may at it sole discretion, delete/remove any credit from your account where it is of the view that the credit was obtained in a manner that is contrary to these terms and/or not in the spirit of the “refer-a-friend’ program.
Once your referred friend has made a purchase, which was of an amount in excess of $0.00, your account will be credited by the “Refer-a-friend” amount specified from time-to-time, which may be applied towards your next purchase from us.
18. Electronic Communications
Any communication between you and us uses electronic means, whether you visit our website, or subscribe, or register, or enter a competition for which we are the promoters, or send us emails, or whether we post notices on Go Big Media or communicate with you via email. For contractual purposes, (a) you consent to receive communications from us in an electronic form this includes any marketing or promotional material; and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as may be necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.
II. TERMS OF SALE
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use and access to our website.
We reserve the right to accept or reject your offer to purchase for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, an error in your order, suspected or actual abuse of deriving credit, or breach of the terms and conditions. In the event that we cancel your order, we will provide a full refund of any payment received.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Where the deal or product you purchase is not purchased through Go Big Media; rather it is purchased from a seller of such goods and services, hereinafter defined as “Merchant.” The Merchant, not Go Big Media, is the seller of the goods and services and is solely responsible for redeeming any goods and/or services you purchase. Go Big Media sole role in such instance is as a marketing agent for the Merchant, that sells Go Big Media Vouchers though the website.
1. Terms and Conditions for Restaurant-Specific Vouchers
For this section, Restaurant shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to you.
Redemption frequency is determined by restaurants, and shall be contained in the terms and conditions on the Vouchers that apply to that particular deal.
Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
It is at the discretion of the restaurant to determine whether Go Big Media Vouchers can be combined with any other restaurant Vouchers, third party Vouchers, Coupons, or promotions.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine in only unless otherwise stated.
The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
Neither the seller nor the restaurant is responsible for lost or stolen Vouchers or restaurant Vouchers reference numbers.
Reproduction, sale or trade of this Restaurant-Specific Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void to the extent allowed by law.
The Go Big Media offer (including, but not limited to, any discounts) expires on the date specified on the Go Big Media Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Go Big Media Voucher (which is usually less than the original face value of the Go Big Media Voucher) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
If you redeem the Go Big Media Voucher for less than its face value, you will not be entitled to a credit, cash or new Go Big Media Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Go Big Media Voucher exceeds the amount you redeemed. For example, if you paid $20 for Go Big Media Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Go Big Media Voucher.
All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes is the responsibility of the Merchant. Go Big Media’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute is solely determined and consummated by the Merchant, and Go Big Media has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
Merchant Voucher may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.
Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by merchant.
The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
Neither the seller nor the merchant is responsible for lost or stolen Voucher or Voucher reference numbers.
Voucher cannot be combined with any other gift Vouchers, third party Vouchers, Vouchers, or promotions, unless otherwise specified by merchant.
Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void to the extent allowed by law.
The Go Big Media offer (including, but not limited to, any discounts) expires on the date specified on the Go Big Media Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Go Big Media Voucher (which is usually less than the original face value of the Go Big Media Voucher) to the extent required by applicable law. See section 3 for a more detailed explanation.
If you redeem the Go Big Media Voucher for less than its face value, you will not be entitled to a credit, cash or a new Go Big Media Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Go Big Media Voucher exceeds the amount you redeemed. For example, if you paid $20 for Go Big Media Voucher which entitles you to purchase $50 of product by February 1, 2011 and you make a purchase for $40 on January 30, 2011, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Go Big Media Voucher.
3. Additional Terms and Conditions for All Go Big Media Vouchers
All Vouchers printed from the Go Big Media website or any website associated with Go Big Media (hereinafter “Vouchers”) are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Go Big Media and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Merchant Voucher is the merchant.
As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your Go Big Media Voucher, and in which you wish to redeem your Go Big Media Voucher at the Merchant, the Merchant is responsible for allowing you to redeem your Go Big Media Voucher for the cash value based on the money you actually paid for your Go Big Media Voucher (i.e. if you paid $20 for a Go Big Media Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Go Big Media Voucher.
While the expiration date on the Go Big Media Voucher dictates the last date that you can use your Go Big Media Voucher at Merchant for the promotional offer which is stated on the Go Big Media Voucher, state laws (which vary state-by-state) may provide that the Merchant is responsible for honouring the cash value that you paid for your Go Big Media Voucher for a period of time beyond the expiration date stated on the Go Big Media Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Go Big Media, as Go Big Media is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.
4. Separate Quotation
Email campaigns to the full 3 million subscribers at once in a solo EDM will be quoted separately. Please Contact us at for your special quotation.
III. Further Terms & Conditions.
1.1 This page sets out the terms and conditions upon which Go Big Media Pty Ltd (Hereinafter known as “Go Big Media, Gbm ”) will provide services to its customers (Hereinafter known as “The Customer/’s, User, You, Your”). The Terms and Conditions agreed to form an agreement which create important legal rights and obligations upon Go Big Media, as well as The Customer. The Customer must agree to these Terms and Conditions prior to use.
1.2 Go Big Media reserves the right to change the Terms and Conditions at any time without prior notice. All current terms and Conditions for Go Big Media services will be available on Go Big Media website.
1.3 Go Big Media will post notice any changes to Terms and Conditions online. Customers are responsible for ensuring they read all updates to Terms and Conditions.
In Go Big Media’s Terms and Conditions, the following words and phrases have the following meanings:
2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday, unless deemed a public holiday in the state of New South Wales , or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that the account was set up for The Customer and/or the date of the first service request.
2.3 Content means data, information, images, and all other content that The Customer receives and sends via Go Big Media.
2.4 Fees means:
Fees for Go Big Media Services as appearing on our website, quotes issued and/or promotional material updated from time to time, and
Any other fees The Customer and Go Big Media agree upon at Go Big Media’s prevailing rates for other Services.
2.5 Force Majeure means a circumstance beyond the reasonable control of Go Big Media, which results in Go Big Media being unable to observe or perform on time an obligation in our Terms and Conditions, including:-
(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(c) industrial action or strikes.
2.6 Services refer to Go Big Media services provided by Go Big Media including but not limited to Go Big Media Email Broadcasts or any other means of media distribution online.
2.7 Support Services refer to the support provided by Go Big Media to use its available Services, otherwise as described on Go Big Media website.
2.8 System Maintenance Time means the time that Go Big Media is inaccessible for reasons of systems maintenance, improvement, or upgrading.
3.1 In this Agreement, unless the contrary intention appears:-
(a) words in the singular number include the plural and vice versa;
(b) words importing a gender include any other gender;
(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) a reference to a party includes its successors and assigns (where permitted);
(f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;
(g) the recitals to this Agreement do not form part of the Agreement;
(h) monetary references are references to Australian currency.
(i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
3.2 If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4.Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a Go Big Media service account. The Agreement will continue until terminated at any time by either party in the form of written notice.
4.2 The Agreement can be cancelled by Go Big Media at any time without reason for termination. In the event that Go Big Media terminates the account, any remaining prepaid values will be refunded, see Item 9. Refund Policy.
4.3 In the event Go Big Media service is requested to be terminated by The Customer, the service/s will be cancelled immediately upon this request, with Go Big Media providing a confirmation to The Customer in writing. See Items 8 and 9 regarding Financial Terms and Refund Policy.
4.4 The Customer acknowledges that by requesting to cancel their Go Big Media service/s, they will lose all Go Big Media relevant service account history.
5.1 In accordance with this agreement, Go Big Media will provide the Services to The Customer by enabling The Customer to send emails managed by Go Big Media.
5.2 On request of The Customer, via email, Go Big Media will manage the files and details provided, issue a sample and on approval by The Customer, send the email messages by distributing the message to the specified lists/s.
5.3 Email documents must be provided in final format and must be in an accepted file type in order to attempt sending. Accepted file types for email are HTML or where Go Big Media have quoted on design services required by The Customer, the format can be in .doc or .pdf.
5.4 Go Big Media Email Service operates on a post-paid basis, however where no prior trade history applies, prepayment is requested for initial campaign send. On request, Go Big Media may require all service to be pre-paid.
5.5 Any prepaid amounts paid to Go Big Media do not expire. See Items 8 and 9 regarding Financial Terms and Refund Policy.
5.6 All Emails sent via Go Big Media are charged on a per Email attempt basis. See Item 14. Additional Charges.
6.Service Delivery Time
6.1 Once Go Big Media receives a completed Go Big Media order form; and where relevant, the payment is successfully processed; Go Big Media will aim to provision the relevant service/s within the allocated & agreed time for email schedule.
7.1 Go Big Media will provide Support Services during usual business hours between 9am and 5.30pm AEST on Business Days.
7.2 Support Services will be provided via , email and telephone.
7.3 Free Support Services are limited to “Quotes” and “How To” questions on services. Other Support Services may attract fees. At all times The Customer will be notified prior to any fees being charged to The Customer.
7.4 When it is reasonably practicable under the circumstances, Go Big Media will provide The Customer prior notice of any system maintenance time, the time of its commencement, and likely duration.
7.5 In the event of any service outage, Go Big Media will restore the Services as soon as is reasonably practicable.
7.6 The Customer acknowledges that it is impossible to maintain flawless security, but Go Big Media will take reasonable steps to prevent security breaches in Go Big Media services.
8.1 All prices are inclusive of the statutory rate of Goods and Services Tax (GST), currently 10%.
8.2 Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.
8.3 We guarantee you upon each Email Campaign a minimum open rate of 0.1% of the total sent email campaign.
8.4 When payments for Go Big Media are accepted via our website online credit card processing facility, all online transactions are processed via a secure website.
8.5 Go Big Media will at no time ask you to provide credit card details via email.
8.6 All Go Big Media post-paid services incur standard payment terms of 7 days from date of invoice. A late fee will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
9.1 In the event that The Customer has a change of mind, incorrectly purchases or no longer requires the Go Big Media service/s, the following policies for refund apply:
(a) Prepaid Go Big Media Credits- No refund will apply to any prepaid Go Big Media Send services, used or unused.
(b)Post-paid Go Big Media Services- No refund will apply to any services performed and invoices paid.
(c) Prepaid or Post-paid services on Bartercard- No refund will apply to any Go Big Media service/s purchased on Bartercard.
9.2 In the event that an account is terminated, where a refund is applicable, Go Big Media will refund any amounts to the credit card on file or for invoiced accounts, the nominated bank details provided.
9.3 Subject to Clauses 9.1 and 9.2, if the bank details provided by The Customer are incorrect, Go Big Media will deduct an administration fee of $11 per transaction rejection from the remaining refundable amounts.
10.Customer Responsibilities and Message Recovery
10.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
10.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:
(a) abusive, harassing or obscene,
(c) illegal in Australia,
(d) illegal in any country to which the dissemination occurs,
(e) harmful code, or,
(f) defamatory or offensive.
10.3 The Customer is responsible for ensuring that all messages sent using the Go Big Media services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient.
10.4 Go Big Media may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if The Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) that breaches Item 10.2 above.
10.5 The Customer is responsible for providing all requests to ‘unsubscribe’ or ‘opt out’ to Go Big Media. Go Big Media take no responsibility for unsubscribe requests received by The Customer which have not been forwarded to Go Big Media.
10.6 In the event that The Customer requires the recovery of information, including but not limited to already emailed reports to The Customer, if the information is recoverable, fees and charges will apply. Contact Go Big Media for relevant quotes.
11.Exclusion and Limitations of Liability
11.1 The Customer agrees to indemnify and hold harmless Go Big Media, its subsidiaries, affiliates, officers, agents and employees from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
11.2 The Customer is to exempt Go Big Media from third party claims for compensation for damages should the dispatch of a fax message be unauthorised.
11.4 The Customer acknowledges that Go Big Media have not made any representations or warranty’s that are not expressly contained in Go Big Media’s Terms and Conditions.
11.5 The Customer must not rely upon any statement or representation by Go Big Media or on Go Big Media’s behalf that is not expressly contained in the terms and conditions Go Big Media set.
11.6 If any condition or warranty is implied into this Agreement by the Trade Practices Act 1974 (Cth), the various Fair Trading Acts or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of Go Big Media for breach of any such implied condition or warranty shall be limited, at the option of Go Big Media, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
11.7 The Go Big Media Agreement is governed by and to be construed according to the law of New South Wales, & of Australia
11.8 The place of jurisdiction shall be the court having jurisdiction where Go Big Media has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
12.Confidentiality and Privacy
12.1 Go Big Media shall not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any information or content received from The Customer in whatever form under or in connection with this Agreement without the prior written permission of The Customer.
12.2 The above mentioned limitations shall not apply to Information which:
(a) was in the possession of Go Big Media prior to disclosure hereunder as proven by the written records of Go Big Media; or
(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
(c) was disclosed by a third party without breach of any obligation of confidentiality owed to The Customer; or
(d) was independently developed by personnel of Go Big Media.
12.3 Go Big Media will not sell the Content or Information of The Customer to any person.
12.4 Where reasonably possible, Go Big Media will ensure all personal customer information, account data and credit card details are kept in a secure location.
12.5 This Clause 12 does not prevent Go Big Media from disclosing the existence of this Agreement to third parties for the purposes of marketing to customers and potential customers.
13.Variation of Agreements
13.1 Go Big Media may vary any term of this Agreement at any time. Notification of any variation will be posted within online, within the Services or via Email notification.
13.2 If the Customer does not agree to be bound by the variation, The Customer may by written notice to Go Big Media, terminate this Agreement before the notified variations take effect.
14.Additional Charges (AUD)
14.1 Email sending is charged on a per email page successfully sent basis, with an included per page send time quota disclosed by Go Big Media .
14.2 On request, Go Big Media will provide free recommendation on how to improve email design on how to reduce email send time.
14.3 Email HTML design services are provided separate to this agreement at a quoted rate pending the customer’s needs & requirements. The customer hereby agrees that all designs sent to Go Big Media & results of campaigns therefore are the full responsibility of the customer.
14.4 Any other service provided by Go Big Media separate to the Email sending campaign will be quoted & approved prior to being executed & performed.