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The Goodbuyz Web Site is comprised of various Web sites and Web pages operated by Goodbuyz.
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Goodbuyz.
1. Acceptance of Terms through Use
By accessing this Web Site (“Site”), you agree to all terms, conditions, and notices contained or referenced in these “Terms of Use.” If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the “materials”) available on this Site are proprietary to Goodbuyz (“Goodbuyz”) and are provided as a courtesy to users only. Goodbuyz reserves the right to update and change these Terms of Use from time to time at our sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, Goodbuyz reserves the right to seek all remedies available in law and equity for such violations.
2. Use of Site
You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Goodbuyz. Goodbuyz authorizes you to view and download the materials at the Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Any use of the materials on any other Web site, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials obtained from the Site.
3. Use of Software
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software License Agreement.
4. General Disclaimer and Limitation of Liability
Although Goodbuyz has attempted to provide accurate information on this Site, Goodbuyz assumes no responsibility for the accuracy of the information or materials; nor does Goodbuyz warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Goodbuyz may change the materials or products mentioned at any time without notice. Mention of non-Goodbuyz products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL GOODBUYZ OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY GOODBUYZ PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GOODBUYZ OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. User Communications
Other than personally identifiable information, use of which is governed by the Goodbuyz Online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”) will be considered non-confidential and non-proprietary. Goodbuyz will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Goodbuyz and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Goodbuyz will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
6. Removal of Content and Discontinuation of Service Termination of Authorization to Use Site
Goodbuyz reserves the right to remove content or discontinue services available on this Site with or without notice. Goodbuyz further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
7. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. Goodbuyz does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Goodbuyz provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
8. Indemnification
Upon a request by Goodbuyz, you agree to defend, indemnify, and hold harmless Goodbuyz and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Goodbuyz reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Goodbuyz in asserting any available defenses.
9. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Victoria, Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Goodbuyz with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and Goodbuyz with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Content, software, or services provided by third party providers to this Site. The failure of Goodbuyz to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Use of Discount/Coupon Codes
Discount codes and or coupons are only valid for a single transaction and may not be used in conjunction with any other discounts. All discount codes exclude Refurbished products, Partner Warehouse supplied products, Parkmate, JBL, Infinity, Polk, My Genie, Kitchen Couture, Greenpan, Rockford Fosgate brands, Eufy S1 Pro, collection Small Home Appliances and Small Kitchen Appliances. Where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example where the same individual use a discount code across multiple orders with multiple accounts).
12.Legislation and laws regarding the use of Personal Electric Vehicles
Recreational use and safety
Personal Electric Vehicles (PEVs) must be used in line with Australian, state and local laws. In many jurisdictions, PEVs are not permitted on footpaths, cycle lanes or public roads. Good Buyz supplies PEVs for recreational use on private property only. Laws governing use, registration and operation vary by state and territory and may include restrictions on public land. It is the customer’s responsibility to operate safely, wear a helmet and appropriate protective gear, and ensure compliance with all applicable legislation and local bylaws. Any guidance provided by Good Buyz is general in nature, does not constitute legal advice, and may not reflect a customer’s particular circumstances. Customers should confirm requirements with the relevant authorities before purchase and use.
Customer responsibility for local laws
By purchasing any product from Good Buyz, the customer represents and warrants that they understand and will comply with all laws and bylaws applicable to the purchase, ownership and use of PEVs in their location. Any consequences arising from use that is contrary to local, state or federal requirements rest solely with the customer. Good Buyz may provide general information about legislation, but we do not provide legal advice and we do not endorse unlawful use.
Buying for someone else
If a product is purchased for another person, the purchaser is responsible for ensuring the ultimate owner understands all laws and bylaws that apply to the use of PEVs in their location. Good Buyz will not accept returns or provide refunds for gifts that are not permitted under the recipient’s local laws, except in accordance with our standard returns policy.
Unaware of local laws – returns and refunds
Customers are responsible for knowing the laws that apply to the purchase, ownership and use of PEVs in their state or local area. Good Buyz will not provide refunds or accept returns solely because a product is restricted or unlawful to use in the customer’s location. Subject to our standard returns policy, a return may be accepted only where the product is unopened, unused, in its original condition, and the return is requested within 30 days of purchase. Please refer to the Good Buyz Returns Policy for full details.
Change in local laws – returns and refunds
If laws relating to the use or ownership of PEVs change after purchase, Good Buyz does not offer refunds or accept returns on that basis. Subject to our standard returns policy, a return may be considered only where the item is unopened, unused, in its original condition, and the request is made within 30 days of purchase. Please refer to the Good Buyz Returns Policy for full details.
Fines and enforcement – no compensation
Customers are responsible for any consequences of using a PEV in breach of laws in their state, territory or local area. Good Buyz will not provide compensation or refunds where a customer is fined, has a product seized or faces legal action due to using a PEV contrary to local requirements.
Incorrect legal information – no compensation
To the maximum extent permitted by law, Good Buyz and its officers, employees and agents do not provide legal advice and are not experts in local legislation. Any statements regarding PEV laws are general only and may be incomplete or out of date. Customers must make their own enquiries and obtain independent advice regarding applicable laws and bylaws. Good Buyz disclaims all liability for any loss, cost, penalty or damage arising from reliance on information about PEV legislation provided by Good Buyz or its personnel.
Legality of sale and ownership
It is not unlawful in Australia to sell or to own PEVs. Accordingly, Good Buyz does not contravene any law by advertising or selling PEVs, and customers do not contravene any law by owning them. Use on public land may, however, be restricted by state or local laws. To the extent permitted by law, Good Buyz will not provide refunds or accept returns merely because a customer believes a product was mis-sold on the basis that it does not meet local usage requirements. Any return remains subject to our standard Returns Policy and does not affect rights that cannot be excluded under the Australian Consumer Law.