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  goconnect chat > chat terms & conditions
These are Terms and Conditions for the use of the 'Chat' service and rooms ("Chat Room") provided by GoConnect Australia Pty Ltd (ACN 090 146 213) ("GoConnect") on the GoConnect website ("the GoConnect Chat"). These Terms and Conditions are designed to ensure that that the use of the GoConnect Chat and Chat Rooms by users ("You" and "Your") is enjoyable and free of any trouble or difficulty. These Terms and Conditions specify what You should and should not do while using GoConnect Chat and Chat Room.

Please read these Terms and Conditions carefully, as it is a condition of Your use of the GoConnect Chat service that You comply with these Terms and Conditions.

You will be required to accept these Terms and Conditions each time upon entering the Chat Room and using GoConnect Chat.

GoConnect reserves the right to make amendments to these Terms and Conditions from time to time at its sole discretion, and the obligation is on You to comply with the Terms and Conditions as amended each time You accept and access the GoConnect Chat and Chat Room.

Not withstanding these Terms and Conditions, Your use and access to the GoConnect Chat is subject to Your agreement to be bound by and to comply with the GoConnect Terms and Conditions of Use. Please ensure that You have read and comply with the GoConnect Terms and Conditions of Use.

1. ABOUT THESE TERMS AND CONDITIONS

Your use of the GoConnect Chat and Chat Room is subject to these Terms and Conditions, which constitute the entire understanding and agreement between You and GoConnect in relation to the GoConnect Chat. Each time You enter the Chat Room and use the GoConnect Chat, You represent that You have read, and have agreed to be bound by the Terms and Conditions.

2. PROVISION OF GOCONNECT CHAT

2.1 GoConnect provides GoConnect Chat and access to the Chat Room to You as part of the range of services provided by GoConnect. You expressly acknowledge and agree that:

  1. GoConnect Chat provides a means of public and not private communications;

  2. GoConnect is not responsible for any content or material on or in relation to GoConnect Chat and the views expressed in a Chat Room are not necessarily those of GoConnect;

  3. You will be solely responsible for Your use of the GoConnect Chat, and for any content or material posted by You on the GoConnect Chat;

  4. GoConnect is under no obligation to monitor, edit, delete, censor or post the content or material on or in relation to the GoConnect Chat. GoConnect however reserves the right to monitor, control, edit, refuse to post or remove any information and or materials, in whole or part, that in GoConnect's sole discretion is in a way objectionable or in violation of any applicable law or regulation or these Terms and Conditions;

  5. GoConnect in exercising its discretion to monitor or control the GoConnect Chat, may appoint a moderator ('the Moderator") or a team ("the Moderator Team"). The Moderator is a representative for GoConnect whose duties include monitoring and reponding to requests for assistance by You and other GoConnect's members requests have been satisfactorily dealt with, ensuring that topics discussed in a particular Chat Room are in the form that is best suited to that Chat Room and enforcing and giving effect to these Terms and Conditons. The Moderator is identifiable by the @ symbol to the left of a registered name ("the Moderator Nickname"). You agree not to use the Moderators Nickname;

  6. GoConnect reserves the right to:

    1. register and permit the use of an alternative name to that of Your personal name ("the Nickname");

    2. change Your or other users registered Nickname;

    3. cancel Your registered Nickname if You have not used the GoConnect Chat for a 30 day period from the last date of usage; and

    4. prevent unauthorised usage and repossess the use of Your or another user's registered Nickname or the registered Moderator's Nickname;

  7. You grant to GoConnect an irrevocable licence ("the Licence") to copy and adapt any material You generate through the use of GoConnect Chat to the extent that it is necessary to provide and promote the GoConnect Chat and Chat Room service. You shall not be entitled to any consideration in respect of the Licence;

  8. GoConnect reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of the posting of any materials which violate any law;

  9. GoConnect does not encourage meeting other users in real life and if You choose to do so You do so at your own risk;

  10. GoConnect does not encourage You to give or exchange your email address, residential address, phone numbers or any other information of a personal nature to other user's of GoConnect Chat;

  11. You release GoConnect from any liability or responsibility for any damage, loss, pain or suffering suffered by You as a result of the exchange of personal information with another user via GoConnect Chat and Chat Room, including meetings with users contacted via GoConnect Chat;

  12. GoConnect reserves the right to prevent, deny, remove and ban access to the GoConnect Chat and Chat Room to You and other user's who have gained access to the GoConnect Chat service from another server and or network;

  13. GoConnect reserves the right to withdraw the GoConnect Chat, and create or withdraw any Chat Room at any time without notice;

  14. GoConnect reserves the right to take any remedial action and legal action in relation to breaches of these Terms and Conditions, and exercise its discretion whether to remove, deny, prevent, withdraw and ban You from a Chat Room and/or the GoConnect Chat on both a temporary and/or permanent basis in relation to breaches of these Terms and Conditions;

  15. You indemnify and release GoConnect from all liability or responsibility for any damage, loss or injury that You may suffer in connection with the use and access to a Chat Room and the GoConnect Chat, including the failure, disruption, and or withdrawal of a Chat Room and the provision of GoConnect Chat.

3. CONDITIONS OF USE

3.1 Your use of GoConnect Chat must be in accordance with all applicable laws, regulations and industry codes, including but not limited to, the Internet Industry Association Code of Practice, and in accordance with all acceptable ethical and community standards.

3.2 It is a condition of Your use of the GoConnect Chat and Your access to the Chat Room that You agree not to:

  1. Restrict or inhibit any other user from using or enjoying the GoConnect Chat and Chat Room;

  2. Engage in unauthorised usage of a registered Nickname, that would lead other user's of the GoConnect Chat to believe that You are a Moderator or member of the Moderator Team, or another user of the GoConnect Chat;

  3. Make, post, publish, receive or transmit any content or material, or engage in a manner which is obscene, offensive, abusive, indecent, threatening, unlawful, defamatory or menacing. This includes, but is not limited to, material that is illegal, promotes physical harm, injury or hatred against any group or individual, contains nudity or pornographic material of any kind, or exploits children under the age of 18 years.

  4. Publish, receive or transmit any content or material, by inclusion or by omission, that is misleading or deceptive, or likely to mislead or deceive;

  5. Post, publish, transmit, or receive any material content, particulars or confidential information of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or rights which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, including MP3 copyright files, without first obtaining permission from the owner or the relevant right holder;

  6. Infringe on the copyright or other intellectual property rights of GoConnect;

  7. Post, transmit, send a constant flow of messages or engage in any activity to which has the effect of flooding a Chat Room and the GoConnect Chat;

  8. During the use of the GoConnect Chat, engage in conduct that relates to use of excessive gestures, the use of nonsense letters and symbols as messages the use of excessive capitals as representations of yelling, the excessive use of and repeated use of the return key or the inputting of images and text, the use of disruptive statements to stop or prevent users contributing to conversations in the Chat Room and or encouraging other users to violate and breach the Terms and Conditions;

  9. Encourage conduct or engage in any activity that would constitute a criminal offence, give rise to civil liability or otherwise violate any standards, content requirements, codes as promulgated by any relevant authority or any applicable law;

  10. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

  11. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by GoConnect onto the GoConnect Chat service;

  12. Transmit, post or download any file or material posted by any other user of the GoConnect Chat if You know, or reasonably ought to know, that the file or material cannot legally be distributed in such a manner;

  13. Interfere, damage, impair, disrupt or loss of efficiency of the GoConnect Chat and or the Chat Room, software and hardware, including:

    1. posting or transmitting any material of any kind which contains a virus or other harmful or destructive computer program or component;

    2. engaging in conduct where legal action may be taken against offenders by GoConnect in relation to hacking, nuking, port scanning and the use of remote access software; and

    3. use of disruptive functions and software, including the use of such as war scripts and bots;

  14. Engage in any other manner which will require GoConnect to exercise remedial action.

3.3 You are responsible for obtaining Your own legal advice as to whether Your use (or proposed use) of the GoConnect Chat and the Chat Room is in breach of any of the provisions contained in the Terms and Conditions herein.

4. REMEDIAL ACTION BY GOCONNECT

4.1 If You are found, or are suspected to be, in breach of these Terms and Conditions, GoConnect, or a Moderator or a Moderator Team may, at its discretion, having regard to the circumstances and set internal procedures, either:

  1. Send a warning to You, in the form of a dialogue box as appearing on your computer screen, warning You that if You continue to persist in breaching the Terms and Conditions, You will be gagged, suspended or banned from the GoConnect Chat, the Chat Room and or the GoConnect Internet service; or

  2. Enforce a gag. A Moderator may impose a gag for such period at the Moderator's discretion in accordance with internal procedures. The gag allows You to view the GoConnect Chat screen, it allows You to send, post and type messages, but You will be prevented from interacting with other user's and Your messages will not be shown to other user's on the GoConnect Chat service; or

  3. Suspend, cancel or remove your access to either the GoConnect Chat and or the Chat Room. In the event of a subsequent breach of these Terms and Conditions following a warning to You by the Moderator, Your access to either the GoConnect Chat, the Chat Room and or the GoConnect Internet Service will be suspended, or cancelledfor such period at GoConnect's discretion; or

  4. Terminate and ban You from the GoConnect Chat, the Chat Room and or the GoConnect Internet service. For continuous breaches and serious breaches of the Terms and Conditions that have the result of interfering and reducing other user's enjoyment of the GoConnect Chat service, GoConnect shall exercise its right to permanently terminate and discontinue You from the GoConnect Chat service, and Your membership and connection to the GoConnect Internet Service; and

  5. If the circumstances so require, notify and provide all relevant information to any relevant authorities for action and undertake legal action.

5. LIABILITY AND INDEMNITY

5.1 GoConnect is not liable for any loss or damage suffered (whether directly or indirectly) in relation to the use of the GoConnect Chat, and or the access of the Chat Room including, but not limited to, any content or material appearing on the GoConnect Chat, except to the extent that liability may not be lawfully excluded.

5.2 You hereby indemnify GoConnect in respect of any loss or damage, claim, suit or proceeding against GoConnect by any person or relevant authority arising out of Your use and access of the GoConnect Chat and Chat Room.

6. VARIATION OF TERMS AND CONDITIONS

GoConnect may vary these Terms and Conditions from time to time at its sole discretion. The obligation is on You to monitor whether any variations have been made, and to comply with such variations. Your continued use of the Service will constitute Your acceptance of such variations.

7. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria in determining any dispute concerning this Agreement.