GPA Subscription Terms
Please read the following terms relating to the services, which are provided by GPA For Comics Pty Ltd A.C.N.103 767 317 (we, us, our, or GPA).
Your decision to create an Account with GPA means you acknowledge that you have read, understood and agree to be bound by the terms contained in these Terms. These Terms govern your use of the Services and the Information that you are provided access to, through the Subscription. Your access to the Services and the Information is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the scope of the Services. This may result in additional services being provided or some of the existing services being terminated.
Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
How to access the Services and the Information
GPA provides Subscribers with access to the Services and the Information. You must be a current and valid Subscriber to access the Services, the Information and the associated benefits.
Once you become a Subscriber, the Subscription is ongoing until such time that it is terminated.
GPA reserves the right, in our sole and absolute discretion, to make changes to our Services from time to time.
Subscription entitles you to a single-use, non-exclusive, non-transferable right to access the Services and the Information, subject to the terms and conditions contained in these Terms. Subscription occurs when you create an Account with us.
When creating an Account, you warrant and represent that:
- all information provided is true, accurate and complete to the best of your knowledge;
- you have authority to enter in to these Terms;
- you have read and understand the terms and conditions contained within these Terms and agree to be bound by them; and
- you will only use the Services and the Information for lawful purposes.
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that your Account’s security is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from your act or omission to act.
You acknowledge and agree that:
- unless otherwise agreed, the Subscription Fee must be paid to us by credit card or PayPal; and
- GPA reserves the right to vary the Subscription Fee, by providing you with at least 30 days’ prior notice, before effecting any such changes.
You may be entitled to receive a refund from us:
- if you have been charged a subsequent annual or monthly recurring payment and you no longer wish to access the Services. You must contact us within 24 hours of the subsequent subscription charge; or
- if you are not satisfied with the Services and you email us within 24 hours of the Subscription Date, and include details of the reasons you are dissatisfied.
Please note we do not issue partial refunds for subscriptions that have commenced after 24 hours of initial sign up, or 24 hours after a subsequent annual or monthly recurring payment.
All other requests for refunds will be issued, if required under the Australian Consumer Law.
Term of agreement
These Terms commence on the Subscription Date and will continue until such time that they are terminated.
Acceptance will be deemed to have occurred when GPA communicates its confirmation of your Subscription to you, in writing, including via email.
The Services may be terminated by:
- you, at any time, via our Website; or
- GPA, if you have committed any material breach of these Terms, and in the case of a breach capable of being remedied, you fail to remedy the breach within 14 days, after the receipt of a written request from us; or
- GPA, if you fail to make any payment due to be made to GPA; or
- GPA, for any reason.
GPA may terminate these Terms if you have committed any material breach of these Terms, and in the case of a breach capable of being remedied, you have failed to remedy the breach within ten days after the receipt of a written request from GPA.
You may terminate these Terms by emailing us. Upon termination, GPA will immediately disable your user name and password and password and consequently, deny you access to the Services and the Information.
Representations and warranties
Subject to all applicable laws, the Services and the Information is provided, on an as is basis. We make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
The Information is owned or under licence by GPA and protected by Australian and international laws.
Your Subscription does not grant you a licence, or act as a right of use of any of the Information, outside the scope of what is permitted under these Term, or otherwise stated via the Website or by GPA.
GPA, owns the copyright, which subsists in the Information, subject to any part of the Information being under licence. You must not:
- reproduce or use the Information, or any part of the Information, except for as permitted under these Terms; or
- modify the Information, in any way.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any part of the Information, in any way, except as expressly provided for by these Terms.
Enforcement of our intellectual property rights
GPA will not tolerate infringement of its intellectual property rights, whether such infringement is inadvertent, or otherwise. In the event that you do any of the prohibited acts, as listed above, or infringe upon its intellectual property rights in any other way, GPA reserves its rights to enforce its intellectual property rights against you.
The information that you access via the Subscription is to only serve as general information only. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate, but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on the information. To the fullest extent permitted by the law, GPA disclaims all liability (whether arising by negligence or otherwise) to any person, in respect of action taken in reliance upon the Information.
To the fullest extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you, or claims made against you, which result from any use or access of, or any inability to use or access, the Services or the Information.
Exclusions and Limitations of Liability
To the extent permitted by law, GPA will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of your Account;
- your use of the Services and/or the Information;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of GPA,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
You agree to indemnify GPA from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you, which may result from your use of the Services and the Information.
Any notice to be given by GPA under these Terms, or in relation to the Services, will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time the email was sent by GPA, or at the time the relevant information was posted on the Website.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of GPA.
By agreeing to these terms and conditions, you also consent to receive further electronic communications from us in relation to the GPA business, including information distributed to our The Collector mailing list. Of course, you may email us, at any time, to unsubscribe from receiving electronic commercial messages from us.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of Victoria, Australia govern these Terms.
In this document:
Account means a GPA subscription account, which the Subscriber has created, to access the Services and the Information.
Information means the password-protected information that you will be provided access to, via the Subscription.
Services means the services that GPA provides to you, the Subscriber.
Subscriber means the individual, company or organisation that has created an Account, via the Website.
Subscription means a subscription to access the Information and the Services.
Subscription Date means the date that the Subscriber’s Account has been created.
Subscription Fee means any fee that is payable to GPA, in relation to a Subscription.
Terms means this GPA Subscription Terms document.
Website means the website displayed at https://gpanalysis.com.