Published on: 27th December, 2024
These Terms of Use (Terms & Conditions or T&C) shall apply to all websites including web applications and or commercial ‘apps’ free or otherwise, owned and/or operated by Go-Liberty Pty Ltd including without limitation the website on which these Terms of Use are posted and any of Go-Liberty Pty Ltd sub web sites or Applications and/or affiliate entities whether or not referred to directly as Go-Liberty Pty Ltd or Go-Liberty or Go-Liberty or Go-Liberty.com, as well as mobile versions, social networking pages or any other of our applications (collectively, the “Site”, site or “Sites”).
By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use. Go-Liberty and any and all entities that control, are controlled by, or are affiliated or under common control with Go-Liberty PTY LTD, are collectively referred to herein as “we,” “us” or “our.”
“You,” or “your,” refers to you, the school, boarding school, sports club, camp, collective or entity – it’s members enrolled on our system and any or all other persons that are representing you or and enrolling as a user of any Go-Liberty or our entities.
Go-Liberty Pty Ltd may and will, revise or and update these Terms of Use at any time; please periodically review them, because your continued usage of the site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. We strive to abide by regulations of European General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA) and any other stipulations or legislation from any other regional authorities. Please be aware that each region (data region, country or state) has their own legislation that applies to all institutions or bodies who work with children and data relating to children and general privacy. We make every effort to remain up to date and consider it best practice to use these regulations as a baseline for our minimum standards.
We expect to be making regular updates to both our T&C and our Privacy Policy documents on a regular basis. We may, at our discretion elect to notify you by electronic or other means of changes to this policy. You should however not assume that this will always occur, we refer to the beginning of this paragraph, above.
By using or attempting to use the Sites, you certify that (i) you are familiar with and agree to the conditions set herein. You also certify that you are not a person or institution barred from receiving such services under the laws pertaining to the use of the internet, working with children or other applicable jurisdiction. If you or and any staff, that you may be aware of, do not meet these requirements or, if for any reason, you do not agree with all of the privacy component contained in these Terms of Use, you must stop using the site immediately.
You may browse the Site/s and view applicable content without registering, where permitted, but as a condition to using certain aspects of the Site, you may be required to register with Go-Liberty. You are responsible for maintaining the confidentiality of your registration. You shall not:-
You shall be responsible for all actions carried out under your registration agreement, whether or not authorised by you. In accordance general data protection regulations and our terms and conditions you will at your earliest reasonable opportunity notify Go-Liberty in English at dpo@go-liberty.com of any unauthorised use of your accounts, by people know or unknown or other account related security breach of which you become aware. According to our terms, all members employed within your specific organisation or school who are deemed necessary to have access to this system are approved and permitted to use the system within the confines and parameters set out within this document, our Privacy Policy. Clearly by providing material or credentials to person or persons other than those in your employ is in direct contradiction of these terms, GDPR, California Consumer Privacy Act (CCPA) among others and may attract penalties for yourself, the responsible individuals concerned, or the organisation being represented by such individuals. You also agree to:-
If you choose to provide any information that is untrue or inaccurate & Go-Liberty has reasonable grounds to suspect that such information is intentionally untrue or inaccurate, Go-Liberty reserves the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) at its sole discretion, without any refund of fees paid. Some actions relating to accessing, storage, sharing of information and theft of information are legislated in terms of GDPR & CCPA. Further legal action may be incurred depending on the jurisdiction, severity and nature of the event or events.
Registration data and certain other information about you, your organisation or organisation’s data are subject to our Privacy Policy and terms of GDPR & CCPA. Through your use of the Site and related services you consent to the collection and use (as set forth in our Privacy Policy) of certain information about you, your organisation and its charges including the transfer of this information within our servers which under current legislation conform to data residency regulations, for storage, processing and use by Go-Liberty within the scope of our normal business. Data Residency requires data from each data region, country or state remain on the ground of such region and not be exported by host, service provider or ourselves. We make use of leading server and data storage service providers however the storage and movement of data can and does change especially since we engage with clients on a global scale.
We are not liable for any harm caused or related to the theft or misappropriation of your data on our system, your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorisation of anyone else to use your credentials. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at dpo@go-liberty.com In the event of any dispute between two or more parties as to account ownership, you agree that Go-Liberty will be the sole arbiter of such dispute in its sole discretion and that Go-Liberty’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Similarly we undertake to enact reasonable process to maintain the security of your data within servers managed by our ISP. These steps include but not limited to the regular updating of server side security software and employing updated encryption technology to maintain data security.
In connection with User Content (as defined below) and your use of the Site, you agree that you will not, nor permit anyone else to, indirectly or directly:
The foregoing actions shall constitute a material breach of these Terms of Use.
You acknowledge, consent and agree that Go-Liberty may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer support; or (e) protect the rights, property or personal safety of Go-Liberty, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting various networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Go-Liberty and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, would constitute a violation of this agreement unless traceable permission has been granted.
Should you choose to submit any ideas, suggestions, documents, media and/or proposals (“Submissions”) to Go-Liberty through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) Go-Liberty is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Go-Liberty shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Go-Liberty may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Go-Liberty without any obligation of Go-Liberty to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Go-Liberty unless such agreement has been appropriately initiated. Such agreements do occur from time to time.
The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Go-Liberty or and, its clients.
The Site, including all Site software, databases, proprietary information, documentation, data, software, computer codes and materials is owned or and stored by Go-Liberty and will remain the exclusive property of Go-Liberty and its respective approved clientele. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site, the Materials or associated Applications. We understand your data, raw or processed remains your property and will on termination of services be returned to you in appropriate format. You shall not challenge, contest or otherwise impair Go-Liberty’s ownership of the Site or the content thereof.
You may make comparative or other nominative fair use of Trademarks owned by Go-Liberty in advertising and promotional materials, and in referring to Go-Liberty’s products and services (for example, in a magasine article) without Go-Liberty’s permission, provided you follow standard trademark usage practices and provide proper attribution to Go-Liberty, where appropriate or reasonable. Other uses that are not “fair use” require written permission from Go-Liberty, and absent such express permission, you agree not to use or display the Trademarks owned by Go-Liberty in any manner. Please make such requests by email to accounts@go-liberty.com
Where you wish to register to purchase a service on the Site, you will be asked to supply certain information applicable to your transactions, including, without limitation, credit card and other information. You understand that any such information will be treated by Go-Liberty in the manner described in this document. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the standard default price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your transactions. In addition to these Terms of Use, your transactions shall be subject to any Additional Terms applicable to such services, features or purchases. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorised to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant Go-Liberty the right to provide any information you submit, to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transactions. Unless otherwise arranged, all fees shall be paid in $USD
Currently Go-Liberty Services are free to “try before buy” and generally also involve access to a “Sample School”. Contracts are restricted to a minimum of 1 year renewable at your discretion. Go-Liberty reserves the right to change any fees or fee structures (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Go-Liberty does not currently charge a fee) at any time. You may cancel your account or any associated option/s or upgraded services therefore at any time with a notice period of 7 days. Go-Liberty will not be obliged to refund any remaining portion of pre-paid fees you may have accrued. On occasions your account may be suspended either at your request or ours and we may choose to maintain your credit at the level when the service is suspended for a period identified by ourselves. At the discretion of Go-Liberty and in good faith the company Go-Liberty Pty Ltd may choose to refund the whole or a portion of the accrued value. You will not be charged any cancellation fee.
You agree to pay your account balance on time and on notification. You also agree to pay any taxes, including sales or use taxes or bank charges resulting from your transactions or use of the Service. Go-Liberty prefers to negotiate remedial action where accounts may be overdue. Where amounts outstanding are not paid, Go-Liberty reserves the right to cease the supply of any services and revoke Site Access to any or all subscribers associated with the defaulting account. Where Go-Liberty determines that an amicable agreement is not reached Go-Liberty and services are suspended, you, the client, agree in advance that you will have no claim whatsoever against Go-Liberty in the unlikely event of any mishap, misfortune, delay, default or problem that may arise out of intended or accidental cessation of Go-Liberty services.
A number of references to terminating association with other parties appear in this document. Notwithstanding the aforementioned references, Go-Liberty Pty Ltd an Australian owned and registered company will at the discretion of the company and in good faith, consider pro rata refund of fees paid to Go-Liberty which to date have not being serviced and where the company deems it equitable and fair. Similarly a 7 day notice of cessation of our services is required to be submitted to accounts@go-liberty.com upon which the notice period will begin.
As a convenience to our members and in good faith, we may provide links to third-party web sites, web applications or apps. If you use these links or apps, you will leave the Site. Your dealings with third parties through links to such third-party websites or applications (apps) are solely between you and such third party. Unless otherwise explicitly stated, Go-Liberty is not responsible for the content, goods, services or outcomes resultant of such websites, links or apps. Any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Go-Liberty offers such links may not indicate approval or endorsement of any material contained on any linked, recommended site or app. Again this is conducted in good faith unless otherwise stated. The linked sites are not under our control, nor representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Go-Liberty expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Go-Liberty with respect to such sites.
Go-Liberty and/or third parties may, from time to time, send email messages to you containing promotions, etc. pursuant to our Privacy Policy. Go-Liberty makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that neither Go-Liberty nor such third party shall have any liability with respect thereto.
These Terms of Use shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorised postings of copyrighted works, use of inappropriate naming conventions or posting of inappropriate material contrary to the intentions of the Site. Upon termination of these Terms of Use, your right to use the Site shall immediately cease, and you may be required to destroy all materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Go-Liberty may immediately suspend, deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to information, data or files. You agree that Go-Liberty shall not be liable to you or any third party for any termination of your access to the Site or to any such information, data or files, and shall not be required to make such information or files available to you after any such termination. Further to the Termination of Services, as occurs in business, associations are fluid and will on occasions cease to exist. The norm would be expected to be near end of a payment period or academic year. Unless alternate arrangements are negotiated, Go-Liberty will at your written request provide you with a summary of all data. We will thereafter attempt to maintain all data and files for a period of 30 days – in good faith and in the departing entities interest. Following t Go-Liberty will within the next 7 days undertake to make reasonable efforts to purge any all associated data and personal information relating to any privacy confidentiality matters, from the site.
The site, materials and procedures on the site, and any product or service obtained on or through the site is provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Go-Liberty disclaims all warranties, express or implied, with respect to the Site, the procedures advocated, and any product or service obtained through or out of the Site, including, without limitation, implied warranties of service provision, and any warranties that may arise from the process of engaging with the Site.
In most instances, the ability of Go-Liberty to provide services is dependent upon a telecommunications network, the internet, which may not be fully secured, as well as goods and services provided by various other vendors and or third parties. Whilst it is certainly our aim and intention to provide a world class service, Go-Liberty does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, that the site or the server(s) on which the site is hosted is free of viruses or other harmful components, the site will meet your requirements, the information that may be obtained from the use of the site will be accurate or reliable, or the quality of any services, information, or other material obtained by you through the site will meet your expectations. You acknowledge that you are responsible for obtaining and maintaining all smartphone, computer hardware, software ie emails etc… and other equipment needed to access and use the site, and all charges related thereto.
You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of Go-Liberty, whether made on the site or otherwise, shall create any warranty.
TThe Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorised alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at accounts@go-liberty.com with, if possible, a description of the material to be checked and the location (URL) where such material or erroneous procedures or suggestions can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, please contact us at accounts@go-liberty.com and we will negotiate the claim with integrity and in good faith.
To the greatest extent permitted by law, you expressly acknowledge and agree that neither Go-Liberty nor any of its affiliates, shareholders, licensors, suppliers, advertisers or sponsors, nor its or their directors, officers, employees, consultants, developers, agents or other representatives, are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits or reputation), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or materials contained on the site, any linked site or any product or service purchased through the site. Without limiting the foregoing, to the greatest extent permitted by law, you expressly acknowledge and agree that Go-Liberty shall have no liability or responsibility whatsoever for
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Where these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You agree to indemnify, defend and hold Go-Liberty and its affiliates, licensors, suppliers or sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use (b) any allegation that any User Content or other materials you or any other party submits to us or transmits to the Site, infringes or otherwise violates the good intention of yourself, the enterprise you represent or that of Go-Liberty.
Similarly, in any event where agreed service is not provided whether due to planned service cessation, accidental cessation or due to the actions of a third party, you agree to indemnify, defend and hold Go-Liberty, its affiliates, licensors, suppliers or sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses or costs.
The English language version of each of these documents is the version that governs your use of the Site and in the event of any conflict between the English language version and a translated version, the English language version will ultimately control. A correctly dated, printed version of this policy and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Site or services.
Normal carrier charges and taxes may or would likely apply to any materials or content you access from or through the Site. Go-Liberty is not responsible for any surcharges you incur from your cell phone, tablet, other hardware device or internet service provider, resultant from the use of the Site or its affiliates.
