Terms & Conditions
DISCLAIMER
By purchasing with GOAT products, you acknowledge and consent that they are not classified as medical devices, nor are they intended for clinical use, treatment of illnesses, or therapeutic purposes. Furthermore, you understand and agree that neither the information provided on the Site nor our products constitute medical advice, treatment, or diagnosis from us or our staff. They are not substitutes for consulting a healthcare professional regarding your individual circumstances and requirements.It is your responsibility to ensure that our products are suitable for your intended use. You confirm that you are not aware of any medical conditions, injuries, or impairments that could adversely affect your health if you use our products. Should you become aware of any such conditions, injuries, or impairments, you must cease using our products immediately and seek advice from your healthcare provider.Prior to using any products we provide, it is imperative that you adhere to all safety information and instructions provided by us.If you are experiencing any of the following conditions, it is advisable to consult a healthcare professional before using our products:
- The Greatest Of All Tapes Mouth Tape is not recommended for individuals under the age of 16, those with heart conditions, nasal congestion, or other respiratory disorders, whether diagnosed or not. Additionally, individuals at risk of vomiting or who use sedatives, alcohol, or other potential intoxicants, whether known or not, as well as those unable to remove the tape independently, should refrain from using The Greatest Of All Tapes.
- Do not use The Greatest Of All Tapes Mouth Tape if you experience difficulty breathing through your nose, have low blood pressure, are obese (BMI over 35), are suffering from a cold, sinus issues, or an ear infection, have highly sensitive skin, dry lips, or broken skin around the mouth, have consumed alcohol or sedatives prior to use, or have severe heart or respiratory problems.Statements regarding our products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
- This product is designed for single use only. Please dispose of it after each use.
- The safety of this product has not been established for use by pregnant women, children under the age of 16, or individuals over the age of 70.
- If you experience an allergic reaction to the strip on your mouth/skin, discontinue use immediately and seek medical advice.
While GOAT Nose Tape is considered safe, it should not be used alone without a CPAP machine if you have been diagnosed with obstructive sleep apnea or if you are obese (BMI over 35). Avoid use if you have severely chapped lips or non-intact skin near the mouth or nose, or after consuming alcohol or sedatives.
ACCEPTANCE
This website is managed by The Greatest Of All Tapes Pty Ltd (referred to as "we," "our," or "us"). It can be accessed at: www.thegoatco.au and may also be accessible through other URLs or platforms. By accessing and/or utilising the Site, you:
- Confirm that you have carefully reviewed these terms and conditions, inclusive of our Website Terms of Use (accessible on the Site) (Terms), and have thoroughly read our Privacy Policy (accessible on the Site), either independently or with the consent of your parent or legal guardian (if you are under 18 years old);
- Confirm that you possess the legal capacity to engage in a legally binding agreement with us, or if you are under 18 years old, you have obtained permission from your parent or legal guardian to access and use the Site, and they have consented to the Terms on your behalf; and
Agree to utilise the Site in compliance with the Terms.
- You are prohibited from using the Site and/or placing orders for products through the Site if you are under the age of 18.
ORDERS
You have the option to purchase products from us as outlined on the Site. Any order made through the Site constitutes an offer by you to acquire specific product(s) for the price indicated (inclusive of any applicable delivery charges, taxes, and other fees) at the time of placing the order.
We reserve the right, at our sole discretion, to accept or decline an order. We will strive to inform you of any rejection either at the time of the order or within a reasonable period thereafter.
Each accepted order establishes a distinct binding agreement between you and us for the provision of products in accordance with the Terms.
Prior to submitting your order through the Site, it is your responsibility to review the order details, including selected products and pricing.
Upon ordering and successful payment validation on the Site, we will send you an order confirmation email, which may contain an order number, an order ID, the delivery and billing addresses, and a description of the items ordered.
We advise against the use of products sold through the Site by individuals under the age of 18, unless explicitly stated otherwise.
30-DAY RISK FREE TRIAL
We extend a full refund for GOAT products in the event you're not satisfied with your purchase, provided that:
- You have contacted us within 30 days of receiving the products via email at hello@thegoatco.au providing your full name and order number.
- The products are returned in their original condition and remain undamaged, untampered, and unaltered.
- Less than 50% or of the contents have been used.
- You have adhered to the instructions provided by us and not used the products in a manner inconsistent with our guidelines.
- The product has been sent back to us at the return address we provide.
NOTE: Unless the return is due to our error or a faulty item, you will be responsible for return shipping costs. Please note that in rare cases, nose strips or mouth tape may not be suitable for your skin type, which could affect adhesion. Additionally, improper application can also hinder proper adhesion. These instances do not qualify as product defects.
PAYMENTS
You are required to settle the purchase price of each product you select, along with any applicable delivery charges based on your chosen delivery options as outlined on the Site (referred to as the Price), as per this clause. All amounts are denoted in Australian dollars and include Australian GST where applicable.
Payment of the Price must be made using one of the methods specified on the Site, such as AMEX, Apple Pay, AfterPay, Google Pay, Mastercard, PayPal, Shopify Pay, and VISA. Your products will only be dispatched once the Price has been paid in full.
It is prohibited to pay, or attempt to pay, the Price through fraudulent or unlawful means. Unless there is evidence of fraud or error, all payments are deemed final. By using a debit card or credit card for payment, you affirm that the information provided is accurate and complete, that you are authorized to use the card for payment, that your payment will be honored by the card issuer, and that you will maintain sufficient funds in your account to cover the Price.
Should we provide payment options through a third-party payment processor like AMEX, Apple Pay, AfterPay, Google Pay, Mastercard, PayPal, Shopify Pay, or VISA, the payment will be subject to the terms and conditions of AMEX, Apple Pay, Google Pay, Mastercard, PayPal, Shopify Pay, or VISA (accessible via their respective websites).
If you are ordering products for delivery outside of Australia, you may be required to settle customs charges or taxes in addition to the Price.
Periodically, we may issue promotional discount codes for specific products on the Site. To avail of the discount, you must input the promotional discount code when placing your order on the Site. The terms of use for promotional discount codes will be outlined on the Site at the time of issuance. Additionally, we may conduct competitions on the Site or associated social media platforms from time to time. Such competitions will be subject to terms and conditions, which will be provided on the Site at the time of the competition.
AVAILABILITY & CANCELLATIONS
Every purchase made through the Site is contingent upon product availability. We endeavour to maintain adequate stock levels and ensure that the Site reflects the current availability of products.
We retain the right to revoke acceptance of any order, at any point prior to delivery and for any reason, including instances where there is a significant delay in dispatching your order, if we are unable to fulfil the products you have ordered (e.g., due to events beyond our control), or if there was an error regarding the products on our Site (e.g., description, price, or image). In such cases, we will contact you using the details provided during the order placement process. You have the option to receive a refund or store credit, or opt to place your order on backorder. Should you choose a refund or store credit, any delivery charges paid for the products will be reimbursed. If you opt to place your order on backorder, we will coordinate delivery once the products become available.
DELIVERY
Whenever possible, we aim to dispatch the products to the delivery address specified during the ordering process. Our delivery services cover all regions within Australia (unless our delivery partner does not service your area) and selected international destinations as outlined on the Site.
Delivery charges, if applicable, will be clearly stated on the Site.
Please note that any delivery timeframes provided on the Site are approximate, based on information supplied by the delivery service provider and our anticipated dispatch schedule.
It is your responsibility to ensure the accuracy of the shipping details and address provided at the time of purchase. In the event that you need to amend the delivery date or address, please inform us promptly in writing. While we will make every effort to amend incorrect details before dispatch, our dispatch team is highly efficient, and most orders are processed within 24 hours. If your order is shipped to an incorrect address due to an error on your part, we cannot be held liable. In such cases, we recommend contacting Australia Post directly to attempt to redirect your package. If the order is returned to us, we can reship it to the correct address at your expense.
We may utilise various delivery methods to fulfil your order, and certain deliveries may require a signature upon receipt. Should you or your designated representative be unavailable to accept delivery at the specified address, the delivery service provider will typically redirect the products to the nearest post office for collection.
Ownership of the products shall remain with us until the Price is paid in full in accordance with the Terms. Prior to the transfer of ownership, you are prohibited from taking any action that would create a lien, charge, or other interest in or over the products.
The risk associated with the products passes to you upon delivery to the specified delivery address provided in your order. Once the risk transfers to you, you assume full responsibility for the products.
AUSTRALIAN CONSUMER LAW:
These Terms do not seek to alter or exclude the rights, guarantees, and legal protections provided under the Australian Consumer Law. In Australia, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You have the right to receive a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. Additionally, you have the right to have the products repaired or replaced if they fail to be of acceptable quality and the failure does not constitute a major issue. Any warranties or conditions not guaranteed by the Australian Consumer Law are expressly excluded, except to the extent expressly stated in these Terms.
If you return products to us seeking remedies under the Australian Consumer Law, we will cover the delivery costs for the return. Depending on the nature of the claim under the Australian Consumer Law, we will either dispatch a new or repaired replacement product or refund the Price of the relevant product. Please contact us for further details.
INTELLECTUAL PROPERTY
All intellectual property, including copyright, developed, adapted, modified, or created by us or our personnel, including in connection with these Terms and the products, will always remain vested in us. You must not, without our prior written consent:
- Copy or utilise any of our intellectual property, in whole or in part.
- Reproduce, transmit, distribute, sell, publish, broadcast, or circulate any of our intellectual property to any third party.
- Infringe upon any intellectual property rights associated with the Site or the products, including altering or modifying any of our intellectual property, embedding any of our intellectual property into another website, or creating derivative works from any of our intellectual property.
The resale of GOAT products, whether through online platforms (such as eBay, Amazon, private e-commerce business etc.) or physical storefronts, is strictly prohibited without express written consent from The Greatest Of All Tapes Pty Ltd. Any unauthorised resale of our products will be considered a violation of our terms and conditions and may result in legal action.
We encourage those interested in stocking GOAT products to contact us directly to discuss wholesale opportunities and become an authorised retailer.
LIMITATIONS
Despite any contrary provisions, to the fullest extent permitted by law:
- Our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products that are the subject of the relevant claim.
- We will not be liable to you for any loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Despite any contrary provisions, to the fullest extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- Loss of, or damage to, the products, or any injury or loss to any person.
- Failure or delay in providing the products.
- Breach of these Terms or any law.
- This liability release applies to events or circumstances beyond our reasonable control, acts or omissions of you or your related parties, and any defect, error, omission, or lack of functionality or suitability with respect to the products.
COLLECTION NOTICE
We collect personal information about you to facilitate your access and use of the Site, to communicate with you, to respond to your inquiries, to process and dispatch your orders, and for other purposes outlined in our Privacy Policy. We may disclose this information to third-party service providers who assist us in delivering our services or as required by law. Failure to provide this information may result in us being unable to provide our products to you. By providing your personal information, you acknowledge that we will collect, hold, use, and disclose it in accordance with our Privacy Policy.
WARRANTIES
The products may be accompanied by a warranty against defects, the details of which can be found on our Site.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless The Greatest of All Tapes, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or any harm you may cause to any third party due to your use of the Service.
Particularly, you agree to indemnify The Greatest of All Tapes for any claims arising from the misuse of our mouth tape product, including but not limited to the use of the product in contravention of specified instructions, warnings, or recommendations provided by us. You understand that the mouth tape product is intended for use by individuals without respiratory issues, and it is not recommended for individuals who have a history of nasal congestion, are under the influence of intoxicants, or are otherwise at risk of suffocation or breathing difficulties when the mouth is covered.
You also agree to indemnify The Greatest of All Tapes from any claims arising from unexpected medical events that result in injury or death while using our mouth tape product. This includes, but is not limited to, claims of suffocation, respiratory failure, or any other breathing-related incidents. You acknowledge that you have been fully informed of the risks associated with the use of mouth tape, including the potential for suffocation, and you agree to assume all responsibility for any adverse outcomes that may arise from the product's use.
The obligation to indemnify The Greatest of All Tapes will survive the expiration or termination of these Terms of Service and your use of the Service.
AFFILIATE PROGRAM
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation as an affiliate in the Company's Affiliate Program, including the establishment of links from your affiliate website to any Company website or other medium. By participating in the Affiliate Program, you agree to the terms of this Agreement. We may modify this Agreement at any time upon notice to you.
Definitions
In addition to any other terms defined herein, the following defined terms will apply to this Agreement.
Affiliate / you / your: The publisher advertising links and/or promotions of the Company. Affiliate Program: The referral-based program created by the Company and administered through a third party selected by the Company. Company / we / us: The Greatest Of All Tapes ABN: 86 675 391 134, trading as "The GOAT Co". Customer: The user sent to the Company's website via an affiliate Link or who applies a GOAT Co at checkout. GOAT Co: A unique promotional discount Co issued by the Company to an Affiliate for use in promoting the Company's products. Links: Affiliate Program hyperlinks which allow you to earn commission on sales made through the Affiliate Program. Company Marks: "GOAT", "The GOAT", "The GOAT Co", "GOATCO", "The Greatest Of All Tapes", and the Company's associated logos, slogans, get-up, and domain names, including thegoatco.au.
Enrolment in the Affiliate Program
Each Affiliate must be approved to participate in the Affiliate Program. The Company may, in its sole discretion, approve or deny any potential Affiliate. To apply for the Affiliate Program, you must submit a complete Affiliate Program application. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application for any reason.
The Company may terminate the Affiliate Program, or your participation in the Affiliate Program, at any time and for any reason.
As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program creates an agency, franchise, partnership, sales representative, or employment relationship between you and the Company. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably contradicts anything in this section.
Prohibited Sites and Conduct
Affiliates may not promote Links to the Company through any webpage or other medium that contains any of the following:
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Sexually explicit material or violence.
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Discrimination based on race, sex, religion, national origin, disability, age, sexual orientation, or any other protected attribute under Australian anti-discrimination law.
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Illegal activities or materials, or content that breaches Australian law.
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Material that violates the intellectual property rights of any other person.
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Coupon, voucher, cashback, or deal-aggregator websites (including, for example, Honey, RetailMeNot, OzBargain, Cuponation, and Groupon).
Spam and Unsolicited Communications
The Affiliate agrees not to utilise spam, unsolicited commercial electronic messages, or auto-dialled or pre-recorded voice calls in promoting the Company. Without limiting the foregoing, the Affiliate must comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and all related industry Cos. Breach of this section will result in immediate termination of the Affiliate's account and cancellation of any pending commissions.
Promotion of Our Affiliate Relationship
We will make Links available to you which, subject to this Agreement, you may display as often and in as many areas of your website, social media accounts, or other mediums as desired. Only sales made through Links (or, where applicable, through your GOAT Co) will be credited towards the Affiliate Program.
In utilising Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time. All Links may be modified or expanded from time to time pursuant to the mutual agreement of the parties. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel, or functionality of our site.
Restrictions on Paid Search and Trade Mark Bidding
Affiliates are prohibited from bidding on, purchasing, or otherwise using the following as keywords, search terms, or ad triggers in any pay-per-click, paid search, paid social, or paid advertising campaign (including but not limited to Google Ads, Microsoft/Bing Ads, Meta Ads (Facebook and Instagram), TikTok Ads, YouTube Ads, Pinterest Ads, Snapchat Ads, Reddit Ads, and any comparable or successor platform):
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the Company Marks, whether used alone or in combination with any other word or phrase;
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any misspelling, plural, hyphenated, abbreviated, or translated variation of the Company Marks;
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derivatives of the Company Marks;
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broad-match, phrase-match, or modified-match keywords that include any of the above;
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the Company's domain name (thegoatco.au) and any URL, subdomain, or display URL that contains the Company Marks; and
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any other keywords identified by the Company from time to time.
For clarity, Affiliates must also:
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not use the Company Marks in ad copy, headlines, or display URLs;
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not direct traffic from any paid advertisement to the Company's website, whether by direct linking, redirect, cloaking, or via an intermediate landing page; and
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add the Company Marks (and reasonable variations) as negative keywords on any paid campaign that could otherwise be triggered by a search containing those terms.
Breach of this section is a material breach of this Agreement. The Company may immediately terminate your participation in the Affiliate Program, withhold or reverse any commissions attributable to traffic generated in breach of this section, and recover from you any costs (including legal costs) incurred in enforcing this section.
GOAT Promotional Cos and Social Media Promotion
Upon acceptance into the Affiliate Program, the Company may issue you a GOAT Co for use in promoting the Company's products. The GOAT Co is the property of the Company and is licensed to you on a non-exclusive, non-transferable, and revocable basis for the duration of this Agreement.
You agree that:
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you will use only the GOAT Co issued to you, and you will not use, share, or distribute any other Affiliate's GOAT Co;
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you will not sell, transfer, sub-license, or otherwise make your GOAT Co available to any third party, including any coupon, voucher, cashback, or deal-aggregator website (consistent with the prohibition in the "Prohibited Sites and Conduct" section);
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you will not modify the GOAT Co or represent it as anything other than an affiliate Co issued by the Company;
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where you promote the GOAT Co on social media (including but not limited to Instagram, TikTok, YouTube, Facebook, X/Twitter, Snapchat, Threads, and any successor or comparable platform), the GOAT Co must be clearly displayed and accompanied by appropriate disclosure of your commercial relationship with the Company in accordance with the Australian Consumer Law, the ACCC's influencer guidelines, and the AANA Co of Ethics (for example, by using #ad, #sponsored, or "paid partnership" labels);
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all content posted in connection with the GOAT Co must comply with the Prohibited Sites and Conduct section of this Agreement and with the terms of service of the relevant social media platform;
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you will not make any false, misleading, or deceptive claims about the Company, its products, the discount amount, or the expiry of the GOAT Co, and you will comply at all times with the Australian Consumer Law; and
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the Company may, at its sole discretion, deactivate, revoke, or replace your GOAT Co at any time, including where the GOAT Co has been distributed in breach of this section, used for fraudulent activity, or where your participation in the Affiliate Program is terminated. Any commissions attributable to use of the GOAT Co in breach of this section may be withheld or reversed.
Our Responsibilities
The Company will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our sites. The Company will be responsible, including through our third-party partners, for processing every order placed by any Customer following any Links, for tracking the volume and amount of sales generated by your site and your GOAT Co, and for providing information to Affiliates regarding sales statistics. The Company will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
Reporting and Payments
You will be given a username and password and the ability to enter a password-protected site to receive your sales statistics.
Commission payments for sales generated from Links (and, where applicable, from use of your GOAT Co) will be made by our third-party Affiliate Program management company, which is subject to change at any time. The Affiliate is responsible for any income tax, GST, or other tax obligations arising on commissions received under this Agreement, and is responsible for issuing tax invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) where applicable.
Your Responsibilities
You agree to sell and market products in strict compliance with all applicable Australian laws, rules, and regulations, including the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), and any applicable State or Territory legislation.
You are solely responsible for ensuring that reviews, descriptions, posts, videos, stories, and articles published by you comply with applicable copyright, ACCC disclosure, advertising, and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We are not responsible for violations.
You shall comply with all ACCC guidance and regulations related to advertising disclosure requirements, including the ACCC's guidance for social media influencers. For more information, please review the ACCC's guidance at: https://www.accc.gov.au/business/advertising-and-promotions/social-media
Licences and Use of the Company's Intellectual Property
WE HEREBY GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (I) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (II) SOLELY IN CONNECTION WITH SUCH LINKS AND YOUR GOAT Co, AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADE MARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF PROMOTING THE COMPANY'S PRODUCTS ON YOUR SITE AND APPROVED SOCIAL MEDIA CHANNELS UNDER THE AFFILIATE PROGRAM. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM.
Limitation of Liability
Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified. To the extent that the Company's liability cannot be excluded but can be limited, the Company's liability is limited, at the Company's option, to the supply of services again or the payment of the cost of having the services supplied again.
Subject to the paragraph above, YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE AFFILIATE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, demands, losses, or liabilities, including reasonable legal and accounting fees, arising in connection with your use of our website or service offerings, your promotion of the Company, your use of the GOAT Co, or your breach of this Agreement.
Additional Terms
This Agreement is governed by and constructed in accordance with the laws of the State of Western Australia, Australia, and the Commonwealth of Australia, without regard to its conflict of laws provisions. The Affiliate submits to the exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.
This Agreement may not be assigned, transferred, or sub-licensed by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed; provided, however, that no consent is required for an assignment in connection with a merger, consolidation, or sale of substantially all of the assets of such party.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated.
The headings of sections of this Agreement are for convenience only and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to".
This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties as to its subject matter. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. The Company may change this Agreement at any time by posting an updated version on its website.