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Terms & Conditions

Introduction

Welcome to Googooroo! These Terms & Conditions of Use (“Terms of Use”) govern your access to the use of Googooroo’s Website (referred to herein as the “Website” or the “Site”) and Googooroo’s services offered on the Website (the “Services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Googooroo, its subsidiaries, successors in interest and assigns, and the Site.

Please read carefully these Terms of Use before using this Site and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Googooroo and you regarding your use of this Website and supersedes any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use this Website if you do not agree to be legally bound by any or all of these Terms of Use.

Googooroo does not pre-screen its users or any information provided by its users. Thus, the actual selling and buying transactions are directly between the sellers and buyers, the users of Googooroo. Googooroo merely provides an online venue to facilitate such transactions and is not responsible for any disputes between the sellers and buyers. Sellers and buyers shall only look to each other for any disputes and liabilities arising from such transactions.

Consent to Terms & Conditions

By registering for a Googooro account, you agree and acknowledge that you have read and understood the Terms of Use and agree that you will comply with the same for as long as you use the Website. Checking the acceptance box when you register for your account signifies your acceptance of these Terms of Use and your acknowledgement that you are legally bound by them.

Description of Services

Googooroo is an online marketplace that allows users to offer, sell and buy products for food and food ingredients. The food and food ingredients are typically wholesale seafood and agricultural products that are purchased by Buyers who are businesses such as but not limited to schools, hospitality businesses, restaurants, markets, corporate kitchens, and retail stores. As a marketplace, Googooroo itself does not own or sell the items listed on the Site or otherwise made available through the Services and therefore cannot guarantee the quality of the products sold. Additional services such as assistance with updating inventory, arranging logistics, escrowing of funds, and pooling seller’s inventory may also be provided.

Buyers can come to the website to easily search for any wholesale seafood or agricultural products, communicate with the sellers, and complete the transaction in one convenient place.

Use of this Website

Access to, distribution and/or use of this Website is subject to all applicable laws, rules and regulations. Each time you visit the Website and/or you utilize any or all its services, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy (“Agreements”). If you do not agree to abide by these Agreements, please do not use this Website.

By having accepted these Terms of Use and/or entering and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are eighteen (18) years of age or older and are a resident in the country where the Service is available (b) any registration information that you submit to Googooroo is true, accurate, and complete, and you agree to keep it that way at all times (c) you are choosing to abide by these Terms of Use and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use and Privacy Policy

We may occasionally, in our sole discretion, make changes to the Terms of Use and Privacy Policy (“Agreements”). When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying an announcement on your dashboard or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Therefore, please make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting the customer support team at cs@googooroo.com.

Accounts and Passwords

In order to access and use the Services, you will be required to register and to provide specific information. All information about you must be truthful and accurate, and you may not use any aliases or other means to mask your true identity. If you use the Services, you are responsible for maintaining the privacy of your account and password and for restricting access to your computer. Furthermore, you agree to accept responsibility for all activities that occur under your account or password. If your password is compromised, you must change your password.

Transactions that occur within Googooroo are consummated by adults who are at least eighteen (18) years of age, and have the ability to conduct purchases with a credit card or other permitted payment method. Googooroo reserves the right to refuse providing the Services, terminate accounts, or remove or edit content in its sole discretion. If you register as a business entity, you personally guarantee that you are the authorized representative for that business entity to enter into this binding Agreement with Googooroo.

Marketing Emails

By signing up to use the Services, you are agreeing to sign up to receive emails from Googooroo. Emails consist of but are not limited to marketing emails, instruction emails and customer service emails. If you wish to not receive any emails from Googooroo, please email us at cs@googooroo.com. You may also unsubscribe from our marketing emails separately by clicking on the “unsubscribe” found at the bottom of our marketing emails.

Privacy

Please review our Privacy Policy to understand our practices regarding any information you submit to us while using the Services. The Privacy Policy is incorporated in these Terms of Use, and you hereby agree that the Privacy Policy governs your use of the Services. Furthermore, by using the Services, you understand that any form of communication you send while using the Services may be intercepted by others even though a particular transmission is encrypted (e.g. credit card information).

General Terms

Sellers designate the price for each item sold through Googooroo (“Purchase Price”). As such, Sellers may include any applicable fees in the Purchase Price. Googooroo merely provides an online venue to facilitate transactions between Sellers and Buyers and is not directly involved in any transaction(s) except in the case a Seller or Buyer utilizes Googooroo’s additional services such as assistance with updating inventory, arranging logistics, escrowing of funds, and pooling seller’s inventory. Googooroo is not responsible for validating, enforcing, or otherwise carrying out any purchases made through the Site. Furthermore, Googooroo is not responsible for payments or payment terms or pricing of goods between the Sellers and Buyers under any circumstance.

Googooroo charges fees to Sellers for use of its services. By using this site, the Sellers (a) acknowledge the awareness of any and all fees applicable to the Sellers’ use (b) waive any lack of notice or like defense to the imposition of said fees (c) agree to pay all fees applicable to any and all transactions and (d) accept and agree to be bound by the payment terms & conditions as set forth hereinafter to Googooroo.

Googooroo, at its sole discretion, may cancel accounts for the following reasons but not limited to:

1 -Accounts that have not been confirmed

2 – Accounts that are inactive for one year

3 – Accounts where user verification and authentication of information is difficult

4 – Sellers fail to pay Googooroo for any applicable fees due for the Services

5 – Accounts that are deemed to be creating problems or has possible legal liabilities

6 – Users violate their obligations under this Terms of Use or any applicable law, statute, ordinance, or regulation including but not limited to export laws and controls, anti-discrimination, unfair competition, and consumer protection

7 – Accounts have inappropriate pictures, descriptions or content that Googooroo deems is not in line with Googooroo’s business model

Copyrights

We respect the intellectual property rights of others and will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act. If Googooroo is notified by a copyright holder that any content infringes a copyright, Googooroo may in its absolute discretion take actions without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Googooroo with a request to restore the removed content. For any questions and concerns relating to copyrights, please contact our customer support team at cs@googooroo.com.

Payments, Trial Period & Cancellations of Account By Seller

Sellers pay a monthly subscription fee to Googooroo. Currently, Googooroo offers two subscription packages that charge a fee: Simple Package and Standard Package. Once a Seller registers with Googooroo and sets up payments for the subscription fee, they get immediate access to the use of the site (“Start Date”). Sellers may change their minds for any reason at any time in the first thirty (30) days and receive a full refund of all monies paid (the “Trial Period”) of signing up for the Services. Subscription payments will automatically renew at the end of the subscription period, unless the Seller chooses to cancel the Subscription. If a Seller chooses to cancel the Subscription, they must do so by contacting us as well as contacting Googooroo’s payment service provider, PayPal. Once a subscription package is cancelled, the Seller will immediately lose the ability to sell on the marketplace. A refund will be issued to the Seller where the amount will be based on how many days are left since the Start Date. For example, if a subscription was purchased for a 30 day period and the Seller cancels on the 15th day, the amount for the remaining 15 days will be refunded. Googooroo works on a 30 day billing cycle. Please allow up to 14 business days to receive the refund.

If Sellers wish to receive a full refund of all monies paid before the Trial Period ends, they must contact our customer support team at cs@googooroo.com.

Googooroo may change the price and/or payment from time to time and will communicate any price changes with the Sellers in advance. As permitted by local law, Sellers are accepting any new price and/or payment changes by continuing to use the Services after any price and/or payment change takes effect. If Sellers do not agree with the price and/or payment change, Sellers have the right to reject the change(s) by cancelling the Service prior to the price and/or payment change going into effect.

Googooroo is free for Buyers.

If you signed up for a special promotion, such as “Free For Life” or “Six Free,” your pricing will reflect the respected promotion.

Seller Taxes

You agree that it is the Seller’s responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Googooroo is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

Limitation of Liability and Use Disclaimer

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. GOOGOOROO RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.

NEITHER GOOGOOROO (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. GOOGOOROO MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF GOOGOOROO’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, MALWARE, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Googooroo is not responsible for any damages or loss related to your reliance on any outdated version of these Terms & Conditions, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Googooroo’s liability is limited to the greatest extent allowable under applicable law.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold Googooroo harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Agreements; (2) any User Content; (3) any activity in which you engage on or through the Googooroo Service; and (4) your violation of any law or the rights of a third party. You agree that your representations and warranties, and your obligation to indemnify Googooroo, shall survive beyond any term for which these Terms of Use are in effect.

Governing Law

This Terms of Use will be governed by the laws of the State of California, without reference to conflict of laws principles. Any disputes under this Terms of Use shall be brought in the state or federal courts located in Los Angeles County, California, and you irrevocably submit to the jurisdiction and venue of these courts.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at info@googooroo.com.