PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Updated on 25.08.2007)
go97.com is a business venture of Gayan Trading
Pty Ltd (Australia). go97.com web site ("the
Site") and Gayan Trading Pty Ltd company are
collectively referred to as go97.com in this 'Terms
of the go97.com web site which is identified by
the uniform resource locator www.go97.com (the "Site"). This Agreement is entered
into between you as the user of the Site (the "User") and go97.com ("go97.com").
go97.com makes available a variety of products and
services through this web site, any and all use of this website
and/or use of features, products and services of this site
is any person who accesses the Site for whatever purpose,
regardless of whether such User has registered with go97.com
as a free member or whether such User is paying a subscription
fee (paid member) for a specific service provided by go97.com.
A User is considered as a "Member" after completing
registration process. A User includes the person and any legal
entity which may be represented by such person under actual
or apparent authority using this Site.
By accessing or using this website, www.go97.com,
all users agree, without limitation or qualification, to be
please read them carefully before using go97.com.
do not use this Site.
go97.com reserves all the rights and authorities
to modify and update these Terms Use at anytime, without prior
notice, by updating this posting. Any posted changes are effective
immediately after posting and your continued use of the Site
constitutes your agreement that you've read all of these Terms
of Use, acceptance that you respect them in their entirety
and its amendments.
Conditions and Restrictions on Usage
Use of this Site and its products and services is subject
agree that go97.com may terminate your access to
the Site or usage of any of the features, products and services
provided by go97.com, should you fail to comply
sole discretion and may occur without prior notice or any
go97.com further reserves the right to terminate
any User's access to the Site or to any of the products and
services provided, for any conduct that in its sole discretion
go97.com believes is or may be directly or indirectly
harmful to other Users, to go97.com or its subsidiaries,
affiliates or business contractors or to other third parties
or for any conduct that violates any local or international
laws or regulations.
Access to the Site and access or usage of certain features
of the Site are provided to all Users free of charge. And
access or usage of certain features, products and services
of the Site are provided to free or paid Members (registered
users). However, go97.com reserves the right to
limit, deny or create different access(es) to the Site and
its features with respect to different User types, without
any or prior notice. go97.com also reserves the
right, without prior notice or any notice, to change any of
the features, products and services or introduce new features,
products and services of this Site.
go97.com reserves the right to deny any User's access
to the Site or the right to deny any User to accept as Member
for whatever reason in order to protect go97.com's
no event shall go97.com be liable to the User or
any third parties for any inability to use the Site, whether
due to disruption, limited access, changes to or termination
of any features on the Site or otherwise, and for any delays,
errors or omissions with respect to any communications or
transmission, or any damage arising from the use of the Site.
go97.com can not be held responsible also for the
inability of the User to use the Site or any of its features.
Copyrights and Licenses
All the Site contents, such as all the information at go97.com
including, but not limited to, text, graphics, logos, icons,
and images, belong to go97.com and are expressly
managed by go97.com. The compilation and the design
of the Site contents and the contents on the Site is the sole
property of go97.com and is protected by Copyright
and Trademark Laws.
This site or any portion of this site can not be reproduced,
duplicated, copied, sold, resold or otherwise exploited for
any commercial purpose without written permition by go97.com
or the third party content provider to go97.com.
that it will not copy, reproduce or download any information,
text, images, video clips, directories, files, databases or
listings available on the Site, for the purpose of re-selling
or re-distributing the Site content, mass mailing, or otherwise
commercially exploiting the Site content without written permission
User further agrees to grant to go97.com a non-exclusive
and royalty free with the right to sublicense, reproduce,
transmit, distribute, create any derivative works of, publicly
use, reuse or display any materials or information you publish,
transmit or provide to go97.com by any means.
to go97.com all the rights to use its name or company
information in connection with the submitted materials and
other information as well as in connection with any or all
the advertising, marketing and promotional materials related
The Function of the Site
Through the Site, go97.com provides an electronic
web-based platform for exchanging information between buyers
and sellers of goods and services. go97.com, the
Site, acts as a venue for users to locate people to trade
with and to negotiate the quality of goods and services. Yet,
go97.com is not certainly involved in the actual
transaction between trading parties. go97.com does
not represent the seller nor the buyer in any transactions
and does not charge any commissions from the parties of transactions.
As a result, go97.com has no control over and is
not responsible for the quality, safety, availability or legality
of the provider's items in trades, the truth or accuracy of
the items and their information, the ability of traders to
fulfill their obligation in any trade agreement.
Users are solely responsible for all of the transactions conducted
on, through or as a result of use of the Site, including,
without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, licenses, fines, handling,
transportation and storage.
User, hereby, agrees and acknowledges that there may be risks
of dealing with people acting under false pretences. Because
the user verification on the Internet is difficult, go97.com
cannot and does not confirm each User's registered personal
or company information, including, without limitation, Verified
Members and Gold Members. go97.com encourages you
(user), by using your experience and common sense, to evaluate
with whom you are dealing.
Because go97.com is not involved in the actual transaction
between buyers and sellers, in the event that any user has
a dispute with any party to a transaction, the User releases
and agrees to indemnify go97.com from all claims,
costs, expenses, demands and damages, actual and consequential,
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed, arising out of or in any way connected
with such disputes.
Third Parties and Content
User acknowledges and agrees that some of the content like
data, files, texts, graphics, photos, videos, logos, banners,
advertising materials and other content materials, displayed
on this Site is provided or posted by third parties or other
Users. Any content provided or posted by third parties or
other Users, whether publicly posted or privately transmitted,
is the sole responsibility of the party or the person from
which such content originated . In other words, User, and
not go97.com, is entirely responsible for all content
that he/she uploads, posts, emails or otherwise transmits
via the features and services provided by go97.com.
go97.com does not control the user or third party
content posted via the products and services. A s such go97.com
is not responsible for and does not guarantee the accuracy,
integrity, quality, propriety, or lawfulness of any third
party or User content, and shall not be liable to any User
in connection with such User's reliance of such third party
content. In addition, go97.com is not responsible
for the conduct of any User's activities on the Site, and
shall not be liable to any person in connection with any damage
suffered by any person as a result of such User's conduct.
As a general condition, although go97.com reserves
the right to do so, go97.com does not pre-screen
user or third party content posted on this Site. go97.com
does not guarantee that any screening will be done to your
satisfaction or that any screening will be done at all. go97.com
reserves the right to monitor some, all, or no areas of the
features, products and services for adherence to these Terms
This Site may contain hyperlinks in the form of word link,
banners or otherwise, to other websites that are controlled
by parties other than go97.com. Users must be aware
that go97.com is not responsible for any use of
such other websites, even when said website is accessed through
a link from the go97.com. go97.com does
not control these websites, does not monitor such sites and
bears no responsibility or liability for, nor should go97.com
be deemed in any way to endorse or approve of, the contents,
products, services and information on the linked website.
go97.com encourages you to read such sites' Terms
of Use and Privacy Policies before using such sites.
Users must be aware that messages or information sent by other
Users through communication systems provided by the Site or
through emails and fax or letters to addresses obtained from
the Site is out of go97.com's control and monitoring
ability and so User acknowledges that go97.com can
not be held responsible or liable for the content of these
messages and information. The message sender shall be responsible
for the content of all the messages communicated, as well
as the consequences of any such message.
Users acknowledge and agree that by using the features, products
and services provided in this Site, a user may be exposed
to content that is offensive, indecent or objectionable. Under
no circumstances will go97.com be liable in any
way for any user or third party content, including, but not
limited to, for any errors or omissions in any such content,
or for any loss or damage of any kind incurred as a result
of the use of any such content posted, emailed or otherwise
transmitted via the features, products and services provided
by the Site.
Registration and Membership
Certain of the products and services will require the user
to register. A User must fill out some online registration
forms to become a "Member" of go97.com.
These forms contain information about the member and its company
such as name, address, contact information, details of business,
etc. As registering for the Site, you (User) agree that; you
have provided true, accurate, valid and complete information
about yourself or company you represent and you also agree
that you will promptly update the member information to keep
it true, accurate, valid, and complete when changes occur.
Users may edit, update, alter their personally identifiable
information at any time by using the tools provided by the
If the User provides or attempts to give any information,
that is untrue, inaccurate, invalid, or incomplete, go97.com
has the rights and authorities to suspend or terminate User's
registration and refuse any or all use of go97.com
and its features, products and services. If you have registered
for go97.com on behalf of a business entity or a
company, you represent and warrant that you have the authority
address you use is the principal place of business of such
All information given through registrations become the exclusive
property of go97.com and its subsidiaries. By becoming
a Member, you consent to the inclusion of your personal data
in go97.com's database and authorize go97.com
to share such information with other Users and Members. go97.com
reserves the right to use and reuse all registration and other
personally identifiable user information.
For more details about sharing and using information, please
the use of User information in go97.com's possession.
amendments thereto. Each User acknowledges that go97.com
the updated version on this Site. Your continuation of use
of the Site shall be deemed to be your acceptance of the Privacy
Policy and its amendments.
may be alloted some telecomminication means including but
not limited to email account, auditorial or visual meeting
facilities, making inquries,etc. The member shall not use
these facilities for junk mail, chain letters or spamming
or the transmission of any unlawful, harassing, abusive, threatening,
harmful, vulgar, indecent, obscene or otherwise objectionable
material of any kind. User acknowledges that go97.com
may and has the authority to refuse registration and deny
the issuance of Member ID and Password to any User for whatever
By filling out registration forms, a member is assigned a
unique Member ID among member IDs and a password the member
chooses for logging in its account. Members are responsible
for maintaining the confidentiality of the member ID and password,
and are fully responsible for all activities that occur under
that member ID or password. So you must ensure that you exit
(log out) from your account at the end of each session. go97.com
cannot be and will not be liable for any loss or damage arising
from your failure to comply with these requirements.
Gold TradePro Members and Silver TradeMem Members pay an annual
membership fee to go97.com for using the Site's
certain features, products and services related to their membership.
Free members, Silver TradeMem Members and Gold TradePro Members
may also purchase certain extra features, products and services
which are not included in their membership packages with respect
to their membership types.
go97.com may at its sole discretion add to, delete,
or change some or all of the contents of the Site or its functionality,
or change the applicable fees for using the Site at any time.
Members are responsible for paying all applicable taxes in
addition to fees of features, products and services they use.
Paid membership fee will not be refunded although a member
may request to terminate its membership before the expiry
of the membership period (with no refund).
Rules Of Conduct
By using go97.com, User hereby warrants and agrees
to provide go97.com with true, accurate, current
and complete information to be displayed on this Site and
maintain and promptly amend all information to keep it true,
accurate, current and complete.
User hereby grants an irrevocable, perpetual, worldwide and
royalty-free, sublicensable license to go97.com,
to display, use and reuse all information provided by such
User in accordance with the purposes set forth in these Terms
of Use and to exercise the copyright, publicity, and database
rights the User has in such material or information, in any
hereby represents, warrants and agrees that it has obtained
all necessary third party copyright or trademark licenses
and permissions and shall be solely responsible for ensuring
that any material or information it posts on the Site or provides
to go97.com or authorizes go97.com to
display, or the products represented thereby, do not violate
the copyright, trademark, trade secret or any other personal
or proprietary rights of any third party, or is posted with
the permission of the owners of such rights.
Any of the following is automatically considered a material
access to the Site and/or its products and services :
> Using the Site in violation of local, national, or international
> Violating any ordinance or regulation including without
limitation, those governing export control, consumer protection,
unfair competition or false advertising
> Posting, uploading, emailing or transmitting any trade
leads, information, data, text, files, links, chat, communication,
or any other materials or any content that are unlawful, harmful,
illegal, threatening, abusive, intruding another's privacy,
slanderous, vulgar, racist, embarrassing or otherwise objectionable
to any other person or entity as determined by go97.com
in its sole discretion
> Collecting or storing personally identifying information
about other users for unlawful or unauthorized purposes
> Being obscene or containining any pornography or sex-related
merchandising or any other content or otherwise promoting
sexually explicit materials
> Being harmful to minors
> Impersonating any person or providing false information
on your registration form
> Posting or transmitting any unsanctioned advertising,
promotional materials, including junk mail, spam, chain letters
or any unsolicited mass distribution of email
> Posting or transmitting any data or material which contains
computer viruses, corrupted files or any other similar destructive
software and codes that may damage or have the effect of interfering
with or intercepting any software or hardware system, data
or personal information
> Posting material that infringes on the intellectual property
rights, copyright, patent, trademarks, trade secret or other
rights of others
> Acting in any other manner, which in TradeKey.com, in
its sole discretion finds unacceptable
User acknowledges and agrees that go97.com shall
have the right (but not the obligation), in its sole discretion,
to refuse to publish, remove, or block access to any content
that is available via the features, products and services
provided by this Site, at any time, for any reason, or for
no reason at all, with or without notice. go97.com
may also terminate access to, or membership in go97.com,
You acknowledge and agree that you must evaluate, and bear
all risks associated with the use of any content, including
any reliance on the accuracy, completeness, or usefulness
of such content. In this regard, you acknowledge that you
may not rely on any content created by or obtained through
the use of this Site's features, products and services.
acknowledges and agrees that go97.com may preserve
the content and may also disclose it if required to do so
by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to comply with legal
that any content violates the rights of third-parties; or
for the protection of the rights, property, or personal safety
of go97.com, its users and the public. User acknowledges
and agrees that the technical processing and transmission
of User's content may involve transmissions over various networks
and/or may involve changes to conform and adapt to technical
requirements of such networks or devices.
reserves the right to cooperate fully with governmental authorities
and/or injured third parties in the investigation of any suspected
criminal or wrongdoing. Further, go97.com may disclose
the User's identity and contact information, if requested
by a government or law enforcement body, an injured third
party, or as a result of a legal action, and go97.com
shall not be liable for damages or results thereof and User
agrees not to bring any action or claim against go97.com
for such disclosure.
go97.com also has the right (but not the obligation)
to suspend or terminate any user account for any feature,
product or service because of user inactivity for a certain
period of time. This period is 90 days. go97.com
has the right to change duration of mentioned time period,
with or without prior notice, by updating this posting.
Disclaimer Of Warranties & Limit of Liability
go97.com makes no representations or warranties
about the validity, accuracy, correctness, reliability, quality,
stability, completeness or currentness of any information
provided on this web site. Information on this web site may
contain inaccuracies or typographical errors. Information
may be changed or updated without notice.
expressly understands and agrees that the use of the features
and services of this web site is at User's own risk. go97.com
cannot always foresee or anticipate technical or other difficulties.
These difficulties may result in loss of data or other service
interruptions. Also, a ny material or information downloaded
or otherwise obtained through the Site is done at each User's
sole discretion and risk and each User is solely responsible
for any damage to its computer system or loss of data that
may result from the download of any such material.
go97.com expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for
a particular purpose and non-infringement.
makes no warranty that (a) the features, products and services
provided by the Site will meet User's requirements, (b) The
service will be uninterrupted, timely, secure, or error-free,
(c) The results that may be obtained from the use of the services
will be accurate or reliable, (d) The quality of any products,
services, information, or other material purchased or obtained
by User through the features and services of this Site will
meet User's expectations.
expressly understands and agrees that go97.com shall
not be liable for any direct, indirect, special, punitive,
incidental, exemplary or consequential damages or any damages
whatsoever, resulting from; (a) the use or the inability to
use the Site (b) any defect in goods, samples, data, information
or services purchased or obtained from a User or a third-party
service provider through the Site (c) Unauthorized access
to or alteration of any User's transmissions, data or private
information by third parties (d) statements or conduct of
any User of the Site (e) any material, data or information
posted by third parties.
go97.com makes no representations whatsoever about
other web sites which you may access through this one. When
a User accesses a web site other than go97.com,
User aknowledges and understands that it is independent from
go97.com, go97.com has no control over
the content on that web site, and that a link to other web
site does not mean that go97.com endorses or accepts
any responsibility for the content, use, or products and services
made available through such web site.
IN NO EVENT WILL go97.com BE LIABLE TO ANY PARTY
FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE.
FEATURES, PRODUCTS AND SERVÝCES ON go97.com
SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED.
go97.com shall not be liable to the User for delays
or failures in performance or disruption of the content, features
or services of the Site resulting directly or indirectly from
Acts of God, forces or causes beyond its reasonable control,
including but not limited to, internet failures, telecommunications
or any other equipment failures, electrical power failures,
labor disputes, riots, disturbances, fires, flood, storms,
explosions, acts of war, governmental actions, orders of domestic
or international courts.
User agrees to indemnify and hold go97.com and its
affiliates, executives, directors and employees, harmless
from any claim or demand (including legal expenses and the
expenses of other professionals) made by a third party due
the documents it incorporates by reference, or User's violation
of any law or the rights of a third party.
the entire agreement and understanding between go97.com
and the User, superseding any previous understanding(s) between
go97.com and the User. Furthermore, User agrees
that they have not relied upon any representations or warranties
Headings used in this Agreement are for reference purposes
only and in no way define, limit, construe or describe the
scope or extent of such part or section the Agreement.
by the laws and treaties of Australia. Each party irrevocably
agrees to be bound by any judgement rendered thereby in connection