BETWEEN: GalaxC Online Pty Ltd ACN 130 907 274 (GalaxC) AND: A Party who uses this website (You).
By using this website You agree to be bound by these terms and conditions:
The services available at www.galaxc.com (the "Site") and private label versions of the Site ("Services") are owned and operated by GalaxC Online Pty Ltd, doing business ("GalaxC"), and are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services.
Introduction to GalaxC: Upon your registration, you may choose your own password or GalaxC will assign you a password to access the GalaxC services through the GalaxC Web site.
GalaxC Services: GalaxC is a lead generation service that matches requests from potential customers ("Buyers") with Providers that offer products or services via the GalaxC Site (Providers). GalaxC is not involved in the actual transaction between Buyers and Businesses. Consequently, GalaxC cannot ensure that a transaction will occur. Further, if a transaction does occur, GalaxC has no control over the quality, safety or legality of the item or service sold. The Site acts as the venue for You to submit requests to Providers listed in various categories who are PRO-members of GalaxC. If GalaxC is unable to match your request to businesses within its network, GalaxC retains the rights to match you to businesses outside its network through our approved partners. This service is free for Buyers to use in submitting requests and reviewing responses. GalaxC does not charge Buyers to use this service. All charges associated with this service are incurred by the Providers that respond to requests. GalaxC is not responsible for any user's access to or ability to use email or mobile phone services, or the filtering policies of any Internet service or email providers, and is consequentially not liable for any losses or inconveniences which may arise from undelivered email or mobile (SMS) notifications.
Eligibility: You acknowledge and agree that the services offered at the Site are available only to persons aged 18 years and over. You represent and warrant that You are at least 18 years of age.
Conduct: Please use common sense and practice safe trading when using the Service. You agree to provide true, accurate, current and complete information to GalaxC and Providers when using the Service. You may not allow anyone else to use Your email address or mobile phone numbers and You may not use anyone else's email address or mobile phone while using the Service. You agree to notify GalaxC immediately of any unauthorized use of your email or mobile phone and any other breach of security. GalaxC will not be liable for any loss or damage arising from your failure to comply.
You agree not to use the Service:
- for any purpose in violation of local, state, national, or international laws;
- to request the purchase of firearms;
- in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by GalaxC Service in its sole discretion;
- to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- to post improper responses;
- to 'stalk' or otherwise harass another;
- to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
- to engage in any other conduct that inhibits any other person from using or enjoying GalaxC and which negatively affects the user experience.
- You acknowledge that GalaxC screens Your requests to Businesses and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.
- The purpose of the Site is to facilitate the matching of Your needs with the services from Providers. GalaxC is a facilitator only in this process and You acknowledge and agree that GalaxC is not a party to any arrangement or transaction between You and any Service Provider.
- You acknowledge and agree that GalaxC has no control or influence over the acts or omissions of any Provider and You expressly release GalaxC and hold it harmless in respect of any act, omission or representation made by any Service Provider.
- You acknowledge that the Providers enter into arrangements with GalaxC under which GalaxC refers Quote Requests to when they become PRO-members on payment of fees as per the Fee Schedule. You also acknowledge that under the same arrangement GalaxC will receive success fees upto a maximum of 5% with a minimum success fee chargeable of $5.00, whichever is greater on winning the job on GalaxC.
- The Site may provide You with information rating the performance of particular Providers and or the experience or opinions of other users of the Site in relation to particular Providers. The Quality Ratings Data received from the Feedback on the Providers from previous customers will be utilized by the GalaxC application for conversion into data that is to be used for matching your Quote Request with Providers from the Post codes requested taking into account specific needs and preference settings of both parties, subject to conditions including the availability of Service Providers that provide the requested services in the postcode area of your choice. Neither GalaxC nor any of its Partners makes any Warranties, Express or Implied, that any Quote Request will be referred to a Provider, nor that such Providers will be available at the time of Quote Request and you release GalaxC from any Complaints or Claims arising from such unavailability of Providers.
You acknowledge and agree that all Quality Ratings and reviews on Providers, as well as any feedback or comments posted on the Site do not represent the views or opinion or an endorsement, recommendation or promotion of any Provider by GalaxC or its Partners. GalaxC disclaims any and all representations or warranties with regard to the Ratings & Reviews. You use the Services at Your own risk. Information on these Websites may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. GalaxC may make changes and/or improvements in the products and/or programs described on its Websites at any time without notice. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER GALAXC NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ITS AVAILABILITY OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- LINKS TO THIRD PARTY SITES. The links in the GalaxC Web site will let you leave GalaxC's Web site. The linked sites are not under the control of GalaxC and GalaxC is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. GalaxC is not responsible for webcasting or any other form of transmission received from any linked site. GalaxC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GalaxC of the site. GalaxC is not responsible for and does not warrant any third party product or service or the accuracy of any description.
- YOUR USE OF THE GALAXC SERVICES. You acknowledge and agree that your use of the GalaxC services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the GalaxC Web site, including but not limited to Provider’s profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of GalaxC, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to GalaxC for any such damages, and will indemnify GalaxC in the event of any third party claims against GalaxC based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the GalaxC Web site and services at any time. All information about Providers are confidential and for your personal use only. If it is determined or suspected by GalaxC in its sole discretion that you are misusing or attempting to misuse or circumvent the GalaxC services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, GalaxC reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO GALAXC AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GALAXC AND EACH GALAXC SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF GALAXC AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- Release - GalaxC does not get involved in Member-to-Member transactions, in the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the GalaxC Websites or such disputes. You waive the provisions of any state, federal, province, or country law limiting or prohibiting a general release.
- Governing Law - These Terms and Conditions are governed in all respects by the laws of the State of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and to the Federal Court of Australia sitting in New South Wales.
- GALAXC’S PROPRIETARY RIGHTS. You acknowledge and agree that the Sites and Service and any necessary software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Sites or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by GalaxC, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part.
- UPGRADES, SUPPORT AND NOTICES. From time to time, GalaxC may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by GalaxC. Notwithstanding the foregoing, under no circumstances will GalaxC or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites.
- Service warranty - The use of the GalaxC Websites may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications or other dependant third party services, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that GalaxC is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore GalaxC reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.