By using the Goody25.com web site (“Service”), or any services of Goody25, Sdn Bhd (“GOBIZ”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERI INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT REE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
GOBIZ reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. GOBIZ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for managing payment transactions on your own website. GOBIZ cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of GOBIZ and are solely the responsibility of you, the user of the Service.
- If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. GOBIZ will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member’s payment transactions are canceled and that no future billings occur.
- The payment processing system may only be used for your membership subscriptions, lead purchases, or the purchase of other services that are fulfilled through the GOBIZ platform. The purchase of other 3rd party services that are not fulfilled through the GOBIZ platform (marketing services, subscriptions to other services or websites, advertising agreements, etc) cannot be charged through the payment processing system of your GOBIZ website. This is done to protect members, users, and website owners from credit card fraud and other potential financial damage.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- The GOBIZ software is sold as a Software as a Service (SaaS). All GOBIZ SaaS licensees are provided with GOBIZ premium hosting to host their GOBIZ website. This hosting account may only be used to host files, databases, and content, as it is initially installed in the hosting account by GOBIZ and in compliance with this Terms of Service document. No third party applications, files, databases, or content (such as a WordPress, Joomla, phpBB, or any other application) may be installed, saved, or hosted in a GOBIZ hosting account at any time. If an agent of GOBIZ discovers an unauthorized third party application, file, database, or other content installed, it is subject to immediate removal without prior notice to the licensee, may result in the immediate termination of the license, and removal of the entire website and all related files from the GOBIZ servers. If you have questions about whether or not an item may be installed, uploaded or saved to your GOBIZ hosting account, please contact firstname.lastname@example.org first.
B. Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card and a valid credit card must always be on file in order to keep the Service active.
- All fees and charges incurred in connection with your GOBIZ account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to GOBIZ. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your credit card details by contacting email@example.com and requesting an update to your credit card on file.
- All plans will continue and renew automatically, unless properly cancelled (see Section C #1)
- If you initially sign up for a plan which includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. GOBIZ does not accept any liability for such loss.
- If a Large Transaction (defined as transactions greater than USD$999) is processed on your site using the provided Default Payment Gateway, additional protocols for the verification and withdrawal of those funds may apply. These may include, but are not limited to, the following: All large transactions are subject to a hold of up to 60 days in order to mitigate the risk of credit card fraud. Members of your website who submit a large transaction may be required to provide proof of identity (government-issued photo ID, a copy of the front and back of the credit card used for the transactions, a photo of them holding both documents, and/or a copy of a recent utility bill issued to the billing address of the credit card). When a site owner requests a withdrawal of funds related to a large transaction, they may be required to submit proof of identity as well (government-issued photo ID, a copy of a recent utility bill issued to the address on file with the withdrawal account, and a photo of them holding both documents).
- GOBIZ offers “The Right Plan Promise Agreement”. “The Right Plan Promise Agreement” protects users from price increases of Service plans they are already subscribed to as well as enables users to take advantage of new lower prices when they are available for the same plan they are already subscribed to. Users may also add additional accounts at the same price levels of subscriptions of the Service that they have already subscribed to.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email and/or phone request to cancel your account is required to cancel your Account and stop ongoing payments. Emails must be sent to firstname.lastname@example.org.
- In order to prevent fraud or accidental cancellations, additional security information may be required to protect you from falsified cancellations. And until such security information can be provided to verify your identity, your account and the Service will remain active.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- GOBIZ, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other GOBIZ service, for any reason at any time. Reasons for this may include but are not limited to: using the Service for illegal purposes or using the Service to post illegal content. In the event your account is terminated all content can be exported and provided to you. You may contact email@example.com to request an export of all your data if you are unable to export it yourself or if you need assistance.
D. Modifications to the Service and Prices
- GOBIZ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the GOBIZ site (Goody25.com) or the Service itself.
- GOBIZ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Transferring of ownership and liability of your account for the Service is possible. This requires an email and/or phone request in order to transfer ownership of the Service to a new party. In order to prevent fraud or accidental ownership transfers, additional security information may be required to protect you from falsified transfers. And until such security information can be provided to verify your identity, your account and the Service will not be transferred to another party. A one-time transfer fee may apply to transfer ownership and liability of the Service to a new party.
- Although upgrading to newer versions of the Service is free, requesting GOBIZ to assist with migrations such as, but not limited to, member feature posts and data, design, category structures, widgets, and functionality may incur additional fees, and may not be possible in some circumstances. GOBIZ does not guarantee that any of the migrations listed above will be possible when the migration will occur between websites using different software versions or design frameworks.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
- In no way does using the Service define a legal partnership with GOBIZ including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
- GOBIZ does not pre-screen users of the Service, and allows anyone to use the Service, but GOBIZ has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
- If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that GOBIZ assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against GOBIZ.
- GOBIZ is not affiliated with any users of the Service
- GOBIZ claims no relationship, association, or affiliation with users of the Service.
- Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of GOBIZ, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
- GOBIZ does not pre-screen Content, but GOBIZ has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend GOBIZ against any claim, demand, suit or proceeding made or brought against GOBIZ by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify GOBIZ for any damages finally awarded against, and for reasonable attorney’s fees incurred by, GOBIZ in connection with any such claim, demand, suit or proceeding; provided, that GOBIZ (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GOBIZ of all liability); and (c) provides to You all reasonable assistance, at Your expense.
F. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and may be available via email, phone or live text chat.
- You understand that GOBIZ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GOBIZ, or any other GOBIZ service.
- You may use GOBIZ subdomains (e.g., yourname.goody25.com) solely as permitted and intended by GOBIZ to host your membership sites and marketing pages, and for no other purpose. You may not use GOBIZ subdomains in violation of GOBIZ’ trademark or other rights or in violation of applicable law. GOBIZ reserves the right at all times to reclaim any GOBIZ subdomain without liability to you.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GOBIZ.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GOBIZ customer, employee, member, or officer will result in immediate Account termination.
- Threats against employees: Unfortunately, a few users have made threats against employees in the past. We cannot accept such behavior and regard it as a material breach of the Terms & Conditions of The Service which can lead to the immediate termination of your account for The Service and filing of a report with the relevant authorities. We aim to work with you in a professional, courteous and productive manner.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
- If you create more websites than your plan includes, and do not upgrade to a higher plan, you will be charged per website based on the current prices of the plans which will be assigned based on the feature limits you are using for each website.
- GOBIZ does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that GOBIZ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GOBIZ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of GOBIZ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GOBIZ and govern your use of the Service, superseding any prior agreements between you and GOBIZ (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Accuracy and Availability of Information
The Site contains database information and other content compiled by GOBIZ. While we use commercially reasonable efforts to provide accurate information, GOBIZ gives no warranty as to the accuracy of the database and other content on the Site. GOBIZ reserves the right to withdraw or delete information or content from the Site at any time.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE GOODY25 BUSINESS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GOODY25 BUSINESS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOODY25 BUSINESS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GOODY25 BUSINESS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GOODY25 BUSINESS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GOODY25 BUSINESS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOODY25 BUSINESS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOODY25 BUSINESS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOODY25 BUSINESS PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” GOODY25 BUSINESS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Entire Agreement; Severability; No Waiver
Goody Technologies Sdn Bhd.(1203583-W)
288D-2-12, Farlim Fortune Court, Jalan Thein Teik, 11500 Pulau Pinang.
Tel : +6010-4166525 Email : email@example.com