Suburban Domains

Terms & Conditions

Gogas Pty Ltd (ABN 64 327 524 525) trading as Suburban Domains® hereby notifies the reader of the Terms and Conditions of subscribing to a domain name listed on this website and acknowledges that Suburban Domains® will abide by and uphold the Terms and Conditions of this Agreement.

The Terms and Conditions form the basis of the Agreement between the Subscriber and Suburban Domains®. Accessing this website and ordering a domain name subscription indicates your understanding, agreement, and acceptance of, the full Terms and Conditions of this Agreement and the Disclaimer Notice contained herein.


1. Introduction.

Welcome to Suburban Domains®. We start every new subscriber relationship with an Agreement. The following Terms and Conditions detail what the Subscriber can expect from us, and what we expect from the Subscriber. If you agree to the contents of this document, you should select the check box on the Checkout page of this website where it states “I/we agree to the Terms and Conditions of this website”. We intend this to be the legal equivalent of your signature on a written agreement, and equally binding. Only by selecting this check box will you be able to access and use the services provided on SuburbanDomains.com.au. The Agreement begins henceforth and will be applicable to the domain names listed in the Subscriber’s account and merchandise ordered over the term of the Subscription.


2. Definitions.

Account is a register of personal and business information set up by a Primary User for the purpose of using our website, including login and password details.

Bulk Subscription When 3 or more domain names are subscribed to at the same time.

Design fee is the hourly rate chargeable for any uploading, editing or modifying work a Subscriber has instructed Suburban Domains® to perform, on their behalf.

Domain name is the web address that the customer has subscribed to. It is always offered in a package with a working website, and hereafter also referred to as ‘website’ or ‘subscription’.

Double Subscription When 2 domain names are subscribed to at the same time.

Easy Payment Plan is a payment schedule over 12 months starting from the date that the order is placed. The Easy Payment Plan consists of an initial upfront payment followed by 11 monthly instalments, as indicated on SuburbanDomains.com.au.

Failed payment fee is a fee charged for a failed payment.

Free Starter Pack is a set collection of merchandise digitally labelled with ONE domain name from the subscriber’s account, provided free of charge to first time subscribers. Setup Fee and Delivery is waivered. Refer to Our Products Page for details.

Minimum Subscription term is a period of 6 months starting from the date that the order is placed.

Primary User is a director, proprietor or owner of the business nominated in the account details.

Secondary User is the person nominated by the Primary User who has authority to edit the website(s) listed in the Subscriber’s account, and is also bound by the Terms and Conditions.

Setup fee is a one-time fee for setting up digital transfer artwork for merchandise.

Subscriber is the person identified as the Primary User in the account details. Also hereafter referred to as the ‘customer’, ‘reader’, ‘applicant’, ‘their’, 'his', ‘your’ or ‘you’.

Subscription cost is the annual fee payable bt the subscriber for the right to advertise their business on a Suburban Domains®’ website for the subscription term. Also hereafter referred to as a subscription rate. Annual fees are indicated on SuburbanDomains.com.au.

Subscription term is the 12 month period starting from the date that the order is placed.

Suburban Domains® the trade mark, trading name and registered business of Gogas Pty Ltd (ABN 64 327 524 525) and hereafter also referred to as ‘we’, ‘our’ and ‘us’. The use of the name includes proprietor, owner, agent, and employee of Suburban Domains®.

Website is the advertising medium linked to the domain name and hereafter also referred to as 'domain name' or 'subscription'.


3. Suburban Domains®’ rights and responsibilities.

3.1 Gogas Pty Ltd, trading as Suburban Domains® retains license and administrative control over the domain name at all times during the Subscription term. We reserve the right to modify, suspend or terminate access to the service on our system at any time in accordance with the Terms and Conditions, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

3.2 The use of our websites affords you access to many features in our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute or reverse engineer any aspect of the system which we or our suppliers own.

3.4 Domain name registration shall be managed by Suburban Domains® for the duration of the Agreement. We shall diligently aim to keep registration up to date, notwithstanding Gogas Pty Ltd, trading as Suburban Domains®, its directors, officers, employees or agents shall not be held liable in respect of any losses you may suffer in connection with the failure to renew any domain names in the Subscriber’s account. In the event that a domain name is not a part of our holdings at the time of selection and subsequent subscription order we will endeavour to add the same to our holdings for the purpose of fulfilling such an order.

3.5 The domain name will not be assigned to the Subscriber until such time as the annual or first instalment payment has been received in full in cleared funds AND Suburban Domains® has activated the Subscriber’s account.

3.6 Suburban Domains® reserves the right to decline any Subscription application, without explanation, within seven days from the time that the annual or first instalment payment has been received in full in cleared funds. On such occurrence, the applicant will be notified by email and forwarded a full refund in the form of a company cheque within seven days of notification.

3.7 Suburban Domains® guarantees to lock in the 1 July 2009 subscription rates for domain names until 30 June 2012. At the beginning of every financial year, we reserve the right to adjust our subscription rates for CPI adjustments. On or after 1 July 2012, Suburban Domains® guarantees that the subscription rates will not increase by more than 5% per annum, retrospectively from 1 July 2009.

3.8 Suburban Domains® reserves the right to change the Design fee, Setup fee and Failed Payment fee in accordance with the Terms and Conditions. These fees are as indicated on SuburbanDomains.com.au and/or herein.

3.9 Unless otherwise stated, all prices, costs and fees illustrated on SuburbanDomains.com.au and herein are in Australian Dollars and Exclude GST.

3.10 Suburban Domains® will not sell, transfer or convey a domain name to any other person or entity during the subscription term except for Trademark infringement or to relinquish a domain name as otherwise ordered by a court of competent jurisdiction or other relevant authority.

3.11 Suburban Domains® may sell a domain name if the domain name is NOT under a subscription Agreement.

3.12 Suburban Domains® reserves the right to enter into exclusive sale negotiations with Subscribers regarding any domain name(s) in their account.

3.13 Suburban Domains® reserves the right to determine the method of sale of all domain names.

3.14 Suburban Domains® reserves the right to reject any purchase request or offer of any kind, in relation to domain names, without providing any reason or justification whatsoever.

3.15 Suburban Domains® will not force a Subscriber to purchase a domain name in their account. The Subscriber will always have first option to renew or purchase a domain name, within the terms of this Agreement.

3.16 Suburban Domains® agrees that a Subscriber shall always have first option to renew their domain name subscription. Suburban Domains® will send the Subscriber a renewal reminder notice by email as early as 60 days prior to the domain name subscription expiry date. In any event, it is the sole responsibility of the Subscriber to ensure that their domain name subscription is renewed.

3.17 The customer agrees that registration and renewal of a domain name shall be subject to suspension, cancellation, or transfer pursuant to any AuDA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with an AuDA-adopted policy, (1) to correct mistakes by any Registrar, the Registry, or the Registry administrator in registering the domain name, or (2) for the resolution of disputes concerning the domain name.

3.18 In the event that a domain name is not registered or renewed by Suburban Domains® for reasons mentioned in Clause 3.17, the customer agrees that Suburban Domains® or Suburban Domains®’ affiliates or agents shall not be liable for any indirect, incidental, or consequential damages including lost sales or profit, lost data, business interruption or any other costs.

3.19 In the event that a domain name registration is suspended, cancelled or transferred under Clause 3.17, Suburban Domains® will inform the Subscriber in writing and will refund the Subscriber, the balance of the subscription cost on a pro-rata basis, within seven days of notification, by company cheque. We agree to cancel any order in our system for merchandise and refund the Subscriber; however, we will not accept the return of any other merchandise.

3.20 The Subscriber understands that Suburban Domains® will abide by any competent court order regarding the posting or listing of any disputed domain, and agrees that Suburban Domains®, its affiliates, directors, officers, employees and agents shall not be held liable in any way for the actions ordered by a court of competent jurisdiction or other relevant authority.

3.21 Suburban Domains® is responsible for hosting the domain names on the Internet, and reserves the right to choose the hosting agent.

3.22 Suburban Domains® will use reasonable efforts to make our domain names available for display through the Internet, twenty four hours a day, seven days a week.

3.23 Suburban Domains®, its affiliates, directors, officers, employees and agents will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system maintenance, system backups, system transmission failure, server failure, power outages, strike, lockout, or any other situation which is beyond our control or which are a normal part of Internet business.

3.24 Suburban Domains® has the exclusive right to include a 'Tips and Links' page on the websites. The content of this page is predominantly for information purposes and is made available to enrich the experience of the Internet visitor. Opinions expressed or material appearing on this page is not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. The Subscriber cannot edit the contents of this page.

3.25 Suburban Domains® has the exclusive right to run third party paid advertising on the websites.

3.26 We do not monitor or review the content of other party's websites which are linked to our websites. Opinions expressed or material appearing on such linked websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. In any event, we will not be held responsible for the privacy practices or content of these sites.

3.27 Suburban Domains® has the right and option to approve or remove, at our discretion, the content or any advertising material that the Subscriber uses on the website. If it is objectionable to us in any way, if it contains false or misleading information, if it contains any illegal information, if it contains vulgarity or pornography, or for any other reason, if we reject any advertising material, we will notify you in writing. We have the right to remove it if it does not function correctly or for any of the reasons described above. By placing the advertising on the website it does not signify our approval or waiver our right to object to it in the future.

3.28 Furthermore, where Suburban Domains® deems that the Subscriber is using a website inappropriately, it reserves the right to disallow the Subscriber from uploading any content onto the website until such time as we see fit. In the case where Suburban Domains® is asked to evaluate and edit content before uploading we reserve the right to charge a Design fee.

3.29 Suburban Domains® reserves the right to remove, at our discretion, the URL address allotted to the forwarding link on the ‘Contact Us’ page by the Subscriber. If Suburban Domains® deems that the content of the linked website is inappropriate, is objectionable to us in any way, if it contains false or misleading information, if it contains any illegal information, if it contains vulgarity or pornography, we reserve the right to remove this website address from the Subscriber’s forwarding link. Suburban Domains® will notify the Subscriber in writing on such an occasion.

3.30 Suburban Domains® has the right to name, display and/or print any domain name on the SuburbanDomains.com.au website, on promotional literature, in any advertisement, print medium, electronic medium or interview for the purpose of advertising and promoting Suburban Domains®.

3.31 Suburban Domains® reserves the right to use for its own purposes, or subscribe to a new Subscriber, any domain name upon expiration of the subscription term.

3.32 Upon termination of this Agreement, Suburban Domains® agrees to remove any hyperlink and the advertising materials that you have provided on a website within a reasonable time.


4. Subscriber’s rights and responsibilities.

4.1 The Subscriber acknowledges and understands that:

4.1.1 the Subscriber is not buying any ownership or legal rights to a domain name,

4.1.2 the Subscriber is buying the right to advertise their business on a website which is linked to a domain name, in accordance with the Terms and Conditions,

4.1.3 the subscription term is for 12 months,

4.1.4 the Subscriber cannot cancel the subscription during the minimum subscription term of 6 months,

4.1.5 the Subscriber has first option to RENEW the subscription of a domain name in the Subscriber’s account,

4.1.6 the website may be customised by the Subscriber, in accordance with the Terms and Conditions,

4.1.7 the Subscriber may use the domain name in other forms of advertising, within the limitations of this Agreement,

4.1.8 the Subscriber cannot sell, transfer, sub-lease, assign or pledge any part of his interest in a domain name or in this Agreement to any third party,

4.1.9 the Subscriber will not, during the term of the subscription or thereafter, challenge Suburban Domains'® title or rights to a domain name or the validity of this Agreement,

4.1.10 the use of the domain name does not entitle the Subscriber, implied or directly, to any Trademarks on a domain name.

4.2 The Subscriber is responsible for providing Suburban Domains® with full business and contact information on the customer account and for updating this information to facilitate communication and timely resolution of any issues that arise in connection with any Subscriptions.

4.3 The Subscriber is responsible for informing the Secondary user (if applicable) that they have been nominated and that they are to read and abide by this Agreement.

4.4 The Subscriber agrees to offer services within the geographic location expressly described within the domain name. E.g. a Subscriber would be required to offer plumbing services within the suburb of Hawthorn if they subscribed to HawthornPlumbing.com.au. It is understood that the Subscriber may also offer plumbing services elsewhere.

4.5 The Subscriber agrees to pay Suburban Domains® the Subscription cost, as stated on SuburbanDomains.com.au.

4.6 The Subscriber agrees to pay a one-time Setup fee for each domain name for digital artwork, as indicated on SuburbanDomains.com.au. This clause excludes the domain name nominated for the Free Starter Pack.

4.7 The Subscriber agrees to pay a Failed Payment fee of $30 Ex GST for each and every failed payment or failed instalment (if applicable).

4.8 The Subscriber agrees to pay a Design fee for any uploading or editing the Subscriber has requested of Suburban Domains® to carry out on their website. A minimum 1 hour charge will apply, as indicated on SuburbanDomains.com.au.

4.9 The Subscriber shall have the exclusive right to renew the domain name subscription in his account, under the terms of this Agreement. It is the Subscriber’s sole responsibility to ensure that his domain name subscription is renewed on time, regardless of any email notification from Suburban Domains®.

4.10 In the event that a Subscriber is selling his business, he may request that we secure the domain name for the new owner. This request must be made in writing and signed by all parties concerned. Suburban Domains® will at their discretion advise both parties on proceedings.

4.11 The Subscriber understands that they may customise the contents of the website and/or use the default settings in accordance with the Terms and Conditions. It is the responsibility of the Subscriber to ensure that any defaults used, correctly represent the Subscriber’s business. Furthermore, the Subscriber must clearly display their business and/or trading name (as recorded in their Suburban Domains® Account) on both 'Home' and 'Contact Us' pages.

4.12 The Subscriber is permitted to combine their trading name and/or contact details with any and all promotional merchandise and articles that display a domain name under subscription, on the proviso that the trading name is recorded in the Subscriber’s account. Failure to comply will constitute a breach of the Agreement.

4.12.1 In the event that a subscription expires or is cancelled, the Primary User agrees to cease all advertising and promotion of the expired or cancelled domain name effective immediately and remove it from public display within seven days.

4.13 The Subscriber shall assume all responsibilities and liabilities arising from their use of the website. THE USE OF DOMAIN NAMES MUST BE FOR LEGAL USE ONLY.

4.14 The Subscriber represents that the domain name will not interfere with the legal rights of any third party, and that the domain name is not being used for any unlawful purpose.

4.15 At no time may the Subscriber use the domain name in "SPAM" activities, in any form.

4.16 The Subscriber agrees NOT to post profanity, vulgarity or pornography, illicit images, slanderous or illegal language, false or misleading information, or any illegal information on the website.

4.17 By using the forwarding link in the “Contact Us” page, the Subscriber agrees to forward traffic to a website either owned or managed by the Subscriber AND the website must promote the same services within the geographic location expressly described within the domain name from where the traffic is forwarded. Furthermore, the Subscriber agrees that the forwarding link will never direct traffic to a website that conducts or promotes illegal activities.

4.18 The Subscriber understands and agrees that they will not create or insert a forwarding link, or refer to another third party website on any page of the website other than the forwarding link located on the Contact Us page, in accordance with the Terms and Conditions.

4.19 The Subscriber understands and agrees that they will not redirect or forward traffic to any website in this Agreement without our prior written consent.

4.20 The Subscriber shall make his best effort to protect the reputation of Suburban Domains® when advertising, promoting or using the domain name.

4.21 The Subscriber shall immediately notify Suburban Domains® in writing of any infringement against our rights and assist Suburban Domains® to take all appropriate actions.


5 Merchandise

5.1 Suburban Domains® will take reasonable steps to illustrate and describe merchandise as accurately as possible; however, slight variation may occur in colour and size specifications. Styles and prints may also vary slightly from images shown on this website. Colours may also appear slightly different due to computer picture resolution and individual monitor settings.

5.2 Merchandise may also vary slightly from time to time due to our regular suppliers changing their specifications or as a result of using alternative suppliers.

5.3 Suburban Domains® reserves the right to design, alter and modify the artwork on merchandise items. The Subscriber understands and agrees that the artwork cannot be customised, altered or added to by the Subscriber and is positioned, labelled and printed in accordance with Suburban Domains®’ product specifications.

5.4 Suburban Domains® reserves the right to add to or discontinue merchandise from the gallery, without notice.

5.5 Prices of merchandise are current at the time of issue and merchandise is subject to availability. Suburban Domains® reserves the right to adjust pricing, without notice.

5.6 Postage and handling charges apply and will be added to the order.

5.7 Suburban Domains® requires upfront payment for merchandise. The Subscriber understands and agrees that the Easy Payment Plan is not available on the purchase of merchandise.

5.8 Suburban Domains® will take reasonable steps to deliver merchandise within 21 days of full payment in cleared funds and subject to availability of stock. The entire order must be shipped to a single address. We are not liable for any failure to observe these delivery times due to unforeseen circumstances or for any loss, damage or delay occasioned to the Customer or any other persons arising from late delivery. We are not liable for lost or damage to merchandise during transit.

5.9 If you are not completely satisfied with the merchandise, we will refund your money in full including return postage (up to a maximum of original postage charged) if they are returned within seven days of receipt. This guarantee does not apply to products that have been used, washed or in any way altered. We will only accept returned products if there are defects resulting from the printing process or in the product themselves.

5.10 Faulty merchandise should be returned to:

Suburban Domains® - PO Box 118, Sassafras, VIC, 3787

Approved refunds are processed within 24 hours of receipt of faulty goods.

5.11 Suburban Domains® will not accept the return of any merchandise ordered in error by the Subscriber.

5.12 Suburban Domains® will not accept an exchange of merchandise or offer a refund for merchandise in unused condition.

5.13 Free Starter Pack – Suburban Domains® has a one-time offer FREE Starter Pack for the first domain name subscription. The items in the Free Starter Pack are as indicated on our website and cannot be altered or exchanged by the Subscriber or transferred for cash or credit. No setup fee or postage and handling charges apply.


6 Renewal of subscription.

6.1 A subscriber will be notified by email as early as 60 days prior to the expiry date of a domain name subscription in their account, that it is due for renewal. In any event, it is the sole responsibility of the Subscriber to ensure that their domain name subscription is renewed.

6.2 Upon receipt of a renewal email, a subscriber may secure their domain name(s) for the next subscription term by providing payment instructions on SuburbanDomains.com.au. Details will be securely saved by Suburban Domains® and payment will be processed on the expiry date.

6.3 The advertising connected to the renewed domain name subscription will continue to be active. The Subscriber agrees to be responsible for updating and maintaining the website, in accordance with the Terms and Conditions.

6.4 Upon receipt of a renewal email, a subscriber may choose to exercise their right to NOT renew for another subscription term. In this instance, the domain name will become available to a new Subscriber immediately when the domain name subscription expires.

6.5 A domain name that is NOT renewed will have all advertising content deleted immediately when the domain name subscription expires.


7 Cancellation of a subscription by Suburban Domains®.

7.1 The occurrence of any of the following shall constitute immediate cancellation of the Agreement, without notice to the Subscriber. We reserve the right to forfeit all consideration paid for any and all domain names and in addition, all domain names will be disconnected from the Subscriber:

7.1.1 The insolvency or bankruptcy of the Subscriber,

7.1.2 The subjection of any of the Subscriber’s property to any levy, seizure, assignment, application or sale for or by any creditor or government agency,

7.1.3 Failure by the Subscriber to abide by any of these terms and conditions for any domain name.

7.2 Failure of reasonable commitment by Subscriber to renew the subscription by the expiration date, will constitute the cancellation of this agreement and continued use of the domain name from 8pm AEST on the last day of the Subscription term.

7.3 Suburban Domains® reserves the right to cancel a subscription, for failure to pay subscription cost.

7.4 In the instance that Suburban Domains® cancels a subscription under clause 7, any order for merchandise in the system will also be cancelled. The Subscriber understands and agrees that he will not be entitled to return any merchandise for a refund. This also applies to completed merchandise orders yet to be delivered (or in transit) to the Subscriber at the time of cancellation.


8 Cancellation of a subscription by Subscriber.

8.1 The Subscriber may cancel a subscription any time after the minimum Subscription term by providing 30 days written notice of intent to cancel. The 30 days will commence from the date the written notice is received.

8.2 On the 30th day of notification, Suburban Domains® will remove the domain name from the Subscriber’s account and refund the Subscriber any unused prepaid subscription costs, less the cancellation fee.

8.3 The Subscriber agrees to pay a cancellation fee of $250 Ex GST per subscription.

8.4 The refund due and payable will be made using the original method of receiving payment or by company cheque, at our discretion.

8.5 The Subscriber may NOT cancel any order for merchandise that has been invoiced within 21 days prior to the date of written notice. There will be NO refund for the cost of merchandise and postage.

8.6 The Subscriber understands and agrees that if he chooses to cancel a subscription, he cannot return any merchandise for an exchange or refund.


9 Cancellation of an Account.

9.1 The Primary User may cancel an account at any time without notice under the condition that the account is free of any domain name subscriptions.

9.2 Suburban Domains® reserves the right to delete an account that has remained inactive for more than 12 months.


10 Payment Options.

10.1 The Subscriber is entitled to receive a discount per domain name by paying the total subscription cost upfront, as indicated on SuburbanDomains.com.au.

10.2 A discount rate applies for double and bulk subscriptions, as indicated on SuburbanDomains.com.au. In accordance with the definition of a double and bulk subscription, the discount is applied when 2 or more domain names are subscribed to at the same time. It is not based on the cumulative number of domain names in the Subscriber’s account.

10.3 All merchandise must be paid in full at time of placing an order. No discount is available for paying up front for merchandise.

10.4 The Subscriber may elect to pay for subscriptions using the Easy Payment Plan. The Subscriber understands and agrees that the Easy Payment Plan cannot be adjusted in any way, and that they authorize Suburban Domains® to charge the instalments to the nominated credit card or bank account, as they fall due.

10.5 Suburban Domains® accepts payments by Credit Card for Upfront Payment and Easy Payment Plan and Direct Deposit for Upfront Payment only. The Direct Deposit payment must be received in full in cleared funds within 7 days of placing an order.

10.6 The Subscriber understands and agrees that the Easy Payment Plan:

10.6.1 is available for the payment of subscriptions only,

10.6.2 is an initial upfront payment followed by 11 monthly instalments, as indicated on SuburbanDomains.com.au.


11. Refunds and Returns

11.1 In the event that Suburban Domains® refunds a customer, we will refund using original method of receiving payment or by company cheque, at our discretion.

11.2 In consideration of clause 7, the Subscriber will not be eligible for a refund.

11.3 In consideration of clause 8, the Subscriber will be entitled to a refund for prepaid subscription costs, as indicated.

11.4 In consideration of clause 5.4, a refund will be made within 24 hours of cleared funds.

11.5 In consideration of clause 5.9 and 5.10, a refund will be made within 24 hours of receiving faulty product.

11.6 Suburban Domains® reserves the right to NOT accept returns of unused merchandise, given that all merchandise has been printed or labelled exclusively for the current Subscriber’s use in accordance with their order.


12. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under the Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of the Agreement contained herein.


13. Notices and Communication

13.1 All notices required or permitted hereunder may be given by electronic mail or by registered post. Notice will be deemed given on the date the electronic mail is sent or date of postal registration.

13.2 All notices called for herein shall be to the Subscriber at the email address or postal address contained in the account.

13.3 Suburban Domains® may be contacted by the following:

Email enquiries@suburbandomains.com.au

Phone 03 9755 1066

Postal PO Box 118, Sassafras, VIC, 3787

385 Mount Dandenong Tourist Rd,
Sassafras, VIC, 3787


14. Choice of Law

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the state of Victoria, Australia and that any action arising out of this Agreement shall be litigated and enforced under the laws of the state of Victoria, Australia. In addition, you agree to submit to the jurisdiction of the courts of the state of Victoria, Australia and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the state of Victoria, Australia.


15. Amendment.

15.1 Subscribers will be bound by the Terms and Conditions in place at the time they subscribe for the full subscription term.

15.2 These terms and conditions may be modified by Suburban Domains® within reason for further clarification as needed.

15.3 The material contained herein may contain technical inaccuracies or typographical errors. Suburban Domains® may make corrections and/or make changes to the material, at any time, without notice.

15.4 Any amendments to the Terms and Conditions will be posted on the website and shall be immediately effective thereafter on new and renewed subscriptions.


16. Interpretation.

In interpreting this Agreement, all captions and titles shall be disregarded, and when applicable, the singular of any word shall mean or apply to the plural, and masculine form shall mean and apply also to feminine, and vice versa.


17. Terms binding.

17.1 All terms and conditions are included herein and no verbal agreements shall be binding.

17.2 These Terms and Conditions replace any and all prior agreements between Suburban Domains® and the Subscriber.

17.3 Payment in full by the Subscriber and acceptance of payment in full by Suburban Domains® serves as acknowledgement that both parties have read, fully understand, and approve this Domain Name Subscription Agreement.


DISCLAIMER NOTICE

18. Warranty

18.1 Gogas Pty Ltd trading as Suburban Domains® warrants that the domain names listed within this subscription Agreement are in good standing, registered in our name and free of any claims or disputes, but makes no further warranties, express or implied.

18.2 Suburban Domains® makes no warranties that the advertising contained on SuburbanDomains.com.au, websites and/or Company literature will be free from errors or defects or that the use of or access to SuburbanDomains.com.au or our websites will be uninterrupted. WE SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.


19. Limitation of Liability.

19.1 The Subscriber must bear the risk of any liability relating to your use of our system. ACCORDINGLY, YOUR USE OF OUR SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Furthermore, it shall be your own responsibility to ensure that any products, services or information uploaded onto our websites meet with your specific requirements and accurately represents your business’ activities.

19.2 Suburban Domains®, its affiliates, directors, officers, employees and agents shall not be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement.


20. Indemnity.

20.1 You shall indemnify and hold Suburban Domains®, its affiliates, directors, officers, employees and agents harmless from and against any and all claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that you have made and otherwise arising directly or indirectly from the placement of your advertising materials on our website.

20.2 You shall indemnify and hold Suburban Domains®, its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name subscription, use and registration. Such claims shall include, without limitation, those based upon intellectual property, trademark infringement, trade name infringement, dilution, tortuous interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.


21. Other parties

21.1 You accept that, as a limited liability entity, Gogas Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Gogas Pty Ltd’s officers or employees in respect of any losses you may bear in connection with the website.

21.2 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Disclaimer Notice will protect Gogas Pty Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gogas Pty Ltd against any claims.


22. Severability

In the event that a provision of this Agreement is found to be unenforceable under applicable law, that provision found to be unenforceable will be severed from the Agreement and will not affect the enforceability of any other provisions.


23. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.


24. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.