Terms of service
Last updated 3 March 2020
GOATCOAT services are provided by GOATCOAT Pty Ltd (“GOATCOAT”), located at 4/296 Cornwall Street, Stones Corner, Queensland, Australia, 4120.
Each time you access GOATCOAT’s online and/or mobile services and websites (collectively, the “Site”), including, without limitation, goatcoattech.com, any GOATCOAT - mobile application, and any software provided by GOATCOAT in connection with such services or websites, you:
(b) agree to the terms and conditions of this End User Agreement (“Agreement”, “Terms of Service”) with GOATCOAT.
For purposes of this Agreement, any references to “we,” “our,” or “us” shall mean GOATCOAT.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The Last Updated legend at the top of this Agreement indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site.
2.0 GOATCOAT SERVICES
2.1 Account Registration
In order to access or use certain services and features of the Site, you may be required to create and register a user account (“Account”) on the Site. When creating and registering your Account, you may be asked to enter or confirm certain personal and professional information (“Profile Information”), including, but not limited to, your name, email address, employer or business name and employment history. You will also be required to provide a password for your Account.
When creating and registering an Account, you agree to:
Provide true, accurate, current, and complete Profile Information about yourself as prompted by the Site’s registration form;
Use your real name and email address when entering your Profile Information;
Choose a strong and secure password;
Be responsible for the confidentiality and use of your password;
Not transfer or resell your use of or access to the Site to any third party; and
Not create more than one Account.
Please note that any third party with whom you have shared your email and password may receive access to information regarding your Account. GOATCOAT is not responsible and disclaims any liability if your email is used improperly or falsely by a third party. If you attempt to enter Profile Information (including an email address) that is not true, accurate, current, or complete, we reserve the right to cancel your registration and terminate your Account, which may affect your eligibility to be assessed by GOATCOAT for up to 12 months.
2.2 Storage of Information
2.3 Use of Site by Minors
The Site is not intended for use by anyone under the age of 13 years old (“Minimum Age”). However, if applicable law requires that you must be older in order for GOATCOAT to lawfully provide the features or services of the Site to you without parental consent, then the Minimum Age is such older age.
2.4 Site Restrictions
GOATCOAT reserves the right to limit your access and use of the Site at our discretion. GOATCOAT reserves the right to restrict, suspend, or terminate your Account if we believe that you may be in breach of this Agreement or law or are otherwise misusing the Site (e.g. violating any the Site Rules).
2.5 Suspected Fraud or Anomalous Activity
GOATCOAT reserves the right to use a variety of methods to detect and block any fraudulent or anomalous activity and to screen Accounts to prevent abuses such as fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to GOATCOAT enforcing these rules or attempting to prevent fraudulent or anomalous activity, which may result in a temporary or permanent suspension or termination of your Account or use of certain functions of the Site. GOATCOAT shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
3.0 SITE RULES
When accessing and using the Site, you agree that you shall NOT:
Act in an unlawful or unprofessional manner;
Create an Account using a false identity or the identity of another individual;
Misrepresent any personal, or professional information when entering your Profile Information;
Provide any false or inaccurate response if responding to a question regarding Private Information;
Create multiple Accounts;
Use or attempt to use another individual’s Account;
Use, disclose, or distribute any data obtained in violation of this Agreement;
Violate the intellectual property or other rights of GOATCOAT, including, without limitation: (i) copying or distributing the software or technology related to our Site; and (ii) using the word “GOATCOAT” or our logos in any business name, email, or URL;
Modify, adapt, translate, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology and software;
Sell, sponsor, or otherwise monetize access to the Site or its services;
Sell, trade, resell, transfer, or otherwise exploit for any unauthorized commercial purpose any Account;
Use bots or other automated methods to access the Site;
Monitor the Site’s availability, performance, or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
Overlay or otherwise modify the Site or its appearance;
Remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;
Use features or services of the Site for any purpose other than the original intended purpose;
Override or attempt to override any security feature of the Site;
Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site);
Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature to the Site;
Use any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling);
Interfere with the operation of, or place an unreasonable load on, the Site; and
Bypass any limitations of the Site or suspensions of functionality.
4.0 LICENSE TO CANDIDATE DATA AND USER FEEDBACK
4.1 License to Candidate Data
You are the sole owner of all information and data that you enter, submit, input, and/or provide in the course of accessing and using the Site (“Candidate Data”), including, without limitation, your Profile Information or Private Information.
4.2 License to User Feedback
At your discretion, you may provide feedback, suggestions, and related materials to GOATCOAT concerning the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“User Feedback”).
If you provide any User Feedback to GOATCOAT, you hereby grant GOATCOAT and our affiliates the following non-exclusive license: A worldwide, transferable, perpetual, royalty-free, and sublicensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your User Feedback for any purpose whatsoever, without any further consent, notice, and/or compensation to you or others.
By providing any User Feedback, you agree that your provision of such User Feedback is gratuitous, unsolicited, and without restriction, and will not place GOATCOAT under any fiduciary, confidentiality, or other obligation, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any User Feedback, GOATCOAT does not waive any rights to use similar or related ideas previously known to GOATCOAT, or developed by our employees, or obtained from sources other than you.
5.0 INTELLECTUAL PROPERTY RIGHTS
You understand and acknowledge that GOATCOAT owns all right, title, and interest to the Site and all proprietary rights associated therewith. GOATCOAT reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
6.0 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
6.1 Disclaimer of Warranty
THE SITE (AND ANY SERVICES, CONTENT, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE SITE) ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. GOATCOAT AND OUR AFFILIATES EXPRESSLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOATCOAT AND OUR AFFILIATES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE.
Some laws do not allow certain disclaimers, so some or all of these disclaimers above may not apply to you.
6.2 Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW, GOATCOAT AND OUR AFFILIATES (AND THOSE THAT GOATCOAT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF GOATCOAT OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE. UNDER NO CIRCUMSTANCES SHALL GOATCOAT OR OUR AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE.
IN NO EVENT SHALL THE LIABILITY OF GOATCOAT AND ITS AFFILIATES (AND THOSE THAT GOATCOAT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS AUD $100.
Without limiting the foregoing and to the extent allowed by applicable law, under no circumstances shall GOATCOAT or our affiliates be liable for:
The accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in, or linked from, the Site or otherwise made available on the Site by GOATCOAT;
The deletion, failure to store, mis-delivery, or untimely delivery of any information, including your Profile Information or Private Information;
Any harm resulting from downloading or accessing any information or material on the Site, or on other online sites or services accessed through the Site;
Any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other services provided by the Site as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site;
Any delay or failure in performance of the Site resulting directly or indirectly from acts of nature, forces, or causes beyond GOATCOATs’ reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labour disputes, riots, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties; and
Your use or misuse of or reliance on the Site and on any third party site you access from the Site;
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
7.0 GOVERNING LAW AND DISPUTE RESOLUTION
You agree that the laws of Australia shall exclusively govern any dispute relating to this Agreement and/or the Site. You agree that all of these claims can only be litigated in the federal or state courts in Queensland, and you agree to personal jurisdiction in those courts. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and/or the Site.
8.0 CLASS ACTION WAIVER
By accessing and using the Site, and in return for the services offered by the Site, you acknowledge that GOATCOAT can only offer you these services under the terms and conditions as presented in this Agreement. As partial consideration for your access and use of the Site and these services, you agree not to sue GOATCOAT as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against GOATCOAT regarding your access or use of the Site. Additionally, your access and use of the Site is at no charge and you acknowledge that part of the price you are paying to access and use this Site is your acceptance of these terms and conditions, including this Class Action Waiver. If you do not agree to any part of these terms and conditions, do not continue your access or use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to forum requirements Section 7 above.
9.0 GOATCOAT APP
By using any GOATCOAT mobile application (“App”), you agree that all of the terms and conditions found herein apply to your use of the App. Additionally, you agree that the App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. You further acknowledge that your use of the App may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the App, and GOATCOAT disclaims all responsibility for such data usage. In addition, if you allow the App to utilize location services, the App may suggest to you and collect from you certain information based on your geographic location.
10.0 GENERAL TERMS
This Agreement, together with any amendments and any additional agreements you may enter into with GOATCOAT in connection with the Site, shall constitute the entire agreement between you and GOATCOAT concerning the Site. This Agreement shall supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of GOATCOAT. For the avoidance of doubt, email or phone communication between you and a GOATCOAT representative shall not constitute an amendment or alteration of this Agreement.
If GOATCOAT doesn’t act to enforce a breach of this Agreement, that does not mean that GOATCOAT has waived its right to enforce this Agreement. You agree that GOATCOAT may assign this Agreement to our affiliates or a party that buys it without your consent.
To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only.
HOW TO CONTACT US
If you have a question or complaint regarding the Site, please contact us online at email@example.com or by mail at 4/296 Cornwall Street, Stones Corner, Queensland, Australia, 4120.