Terms and Conditions
GEARKEEPER.COM.AU is operated by the Apollo Austrlai Pty Ltd on the World Wide Web of the Internet. It provides: a) environment for buyers to buy and for sellers to buy / sell paintings; b) environment for framers to advertise their business c)general information and environment for exchange information between internet users. Information can be images, photos, paintinngs, news and ideas.GEARKEEPER.COM.AU will be named Provider.
Anyone who will made any request or quota to the provider will be named Customer.
Subscriber means each person who establishes or accesses a connection (“Account”) for access to and use of GEARKEEPER.COM.AU.
The Provider shall have the right at any time to change or discontinue any aspect or feature of GEARKEEPER.COM.AU, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
The Provider shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of GEARKEEPER.COM.AU,, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on GEARKEEPER.COM.AU, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of GEARKEEPER.COM.AU, by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GEARKEEPER.COM.AU, and all charges related thereto.
5. Subscriber Conduct
(A) Subscriber shall use GEARKEEPER.COM.AU, for lawful purposes only.
(B) GEARKEEPER.COM.AU, contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of GEARKEEPER.COM.AU, are copyrighted as a collective work under the Australian copyright laws. Provider owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
(C) Subscriber has all responsibilityconcerning data contained in his own profile and for updating them. At the same time his is the only responsible for anything will happen as follow as not maintaining up to date his own data including but not limited to his contact or bank account details. Customer / Subscriber is the single person who can manage his account details: username and password and his details.
(D) The foregoing provisions of Section 5 are for the benefit of Provider, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF GEARKEEPER.COM.AU, IS AT SUBSCRIBER’S SOLE RISK. NEITHER PROVIDER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PROVIDER, WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GEARKEEPER.COM.AU, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GEARKEEPER.COM.AU.
(B) GEARKEEPER.COM.AU IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PROVIDER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GEARKEEPER.COM.AU, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GEARKEEPER.COM.AU SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GEARKEEPER.COM.AU.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GEARKEEPER.COM.AU, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PROVIDER, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The Provider shall have the right, but not the obligation, to monitor the content of GEARKEEPER.COM.AU, including forums, chat rooms, private messages, artwork and posts, writing, and forums, to determine compliance with this Agreement and any operating rules established by GEARKEEPER.COM.AU and to satisfy any law, regulation or authorized government request. The Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on GEARKEEPER.COM.AU. Without limiting the foregoing, GEARKEEPER.COM.AU shall have the right to remove any material thet The Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Provider, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of GEARKEEPER.COM.AU by Subscriber or Subscriber’s Account.
Either Provider or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Provider shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Provider, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 7, 8 and this Section 9 shall survive termination of this Agreement.
Is the Customer responsibilityto have enough money in his account to be able to make the payment in time. The most common payment methods are via Credit Card and PayPal. It is posible the payment to be done using Direct Transfer. As soon as the payment is confirmed the Customer will receive his products via downloads or his product will be post by post as soon as possible.See Shipping & Returns for detailed information.
By default, all invoices and payments are processed in AUD. Anyway, it is the customer responisibility to choose the currency he want to use when he order products and services. All others currencies displayed on GEARKEEPER.COM.AU can contain error because of differences of rates. Customer/Subscriber must carefully verify all prices before take any decision.
This Agreement and any operating rules for GEARKEEPER.COM.AU established by Provider constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Australian laws, without regard to its conflict of laws rules. The section headings used herein are for convenience only and shall not be given any legal import.
For any further enquiries please read Shipping & Returns, Privacy Notice contact us via Contact Us. Fell free to read all documents provided in “Information” section.
Revision 1.0.0 from 16/10/2011