Last Update Published March 2024
Before using the CoGoCards software application(s) or services you must agree to our Terms and Conditions of use. Please read these Terms and Conditions carefully as they constitute a legal agreement between you and CoGoCards.
1.0 Our Terms and Conditions – Protecting Our Customers and Our Business
The following Terms and Conditions are subject to and governed under national and international statutory law, including competition, contract, consumer, business protection, and common and criminal laws in the countries in which our services are provided. Our Terms and Conditions will be enforced in the jurisdiction(s) in which offences or breaches of our Terms and Conditions have occurred, unless it is deemed necessary at our sole discretion to prosecute in an alternative court of law to ensure the protection and security of our business, customers, employees and legal counsel (refer Section 24). The contractual rights that our business, and to which our customers are entitled to under these Terms and Conditions, are in addition to the statutory rights customers and our business may be entitled to in the country or territory in which customers reside, and in which the CoGoCards business operates.
2.0 Contact Us If You Have Any Questions or Concerns
If you have any questions, or concerns, about these term and conditions, or suggestions for us to improve them, please email developer@cogocards.com. If you consider the matter to be a fundamental issue requiring urgent attention, you should escalate your concerns immediately to mobile +61 426 830 018 or to developer@cogocards.com.
3.0 Introduction and Definitions
This Agreement governs your use of CoGoCards Pty. Ltd.’s services (“Services”) under these terms and conditions in the country or territory in which you (“You”) reside or operate. CoGoCards Pty Ltd operates a digital business card platform for use by customers under these terms and conditions, and seeks to provide users with very detailed and specific transparency over the lawful and contracted use of our services. Through appropriate legal enforceability, enacted herein under our terms and conditions, we seek fair and reasonable commercial protection and indemnity against any user misconduct which compromises our services, data, intellectual property rights, reputation, and or, our operational capability; whilst also seeking equally to protect our customers against misconduct or misuse of our services by others which may affect them, or which may cause them to accidentally breach our Terms and Conditions unknowingly themselves.
TO USE COGOCARDS SERVICES’S, YOU MUST FIRST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS PART OF REGISTERING A USER ACCOUNT(S). IF YOU DO NOT AGREE, YOU WILL NOT BE PERMITTED TO USE COGOCARDS SERVICES
The following definitions which apply in these terms and conditions are below:
3.0.1 CoGoCards Pty Ltd – is the registered trading entity to which you have chosen to subscribe for services, whether free or paid, and under which you have agreed to trade in full abidance to these Terms and Conditions. Under these terms and conditions, we may refer to “CoGoCards Pty Ltd” in full by its registered name, or by “our”, “our business”, “CoGo”, “CoGoCards”, and “we”, “us”, “CoGoCards.com”, “Service”, “Product”, “our website”, or any other form of name or description not mentioned here, where the intent is to appropriately identify our business.
3.0.2 Services – or “service”, “product”, or “products” means the product and service feature suite that you can access through the CoGoCards mobile and web applications to create and manage business cards, share and sub-share your business cards, and create and manage advertising and promotional campaigns. “Service” and “product” also includes all of the data, information and programming code that has been created by our developers and operates and is stored on or by the CoGoCards platform on all devices and servers, including all program code updates and future version code.
3.0.3 You – are any of the following, or visa-versa if referred to in these terms and conditions as the “user”, “consumer”, “client”, “free user”, “freemium customer”, “buyer”, “paid customer”, “company”, “person”, “adult”, “supervised minor”, “purchaser”, “sole trader”, “business”, “club”, “charity”, “your”, or any other recognised reference to someone, or a commercial business, or not for profit entity that has agreed to our terms and conditions of use.
3.0.4 Transaction – Users can acquire and or use content from our web and mobile application for free or for a subscription charge, either of which is referred to as an electronic “Transaction” and all transactions require you to be a logged in as an authenticated user. Each transaction is an agreement and acknowledgment by the user that they are transacting knowingly on our platform(s) under our terms and conditions, and that they agree to be bound by them.
3.0.5 Data - Includes use of, and access to all data which is defined as “intellectual data”, “input data”, “output data”, “personal and commercial information”, “graphics and images’, “information”, “confidential information’, “financial and banking information”, and “programming code” that has been written and created by our developers and operates and is stored on or by the CoGoCards platform on any and all internal and external devices, user devices, and servers including third party servers, and includes all program code updates and future version code.
4.0 Subscription Payments and Processing, Taxes and Refunds
CoGoCards Pty Ltd provides various user subscription types which may change from time to time and can be reviewed on our website. Users agree to the following under our terms and conditions:
4.0.1 Taxes - Subscription pricing displayed on our platforms is inclusive of regulated purchase taxes levied in your country or territory of residence.
4.0.2 Payment Processing Fees - Subscription pricing displayed on our website is inclusive of digital payment processing fees and or commissions which may be charged by our third-party payment processing companies such as Stripe.
4.0.3 Refunds – We do not provide refunds to users for payments processed for subscriptions, unless the user has made an accidental payment and has not utilised our services, paid accidentally for the wrong subscription type, or the payment by the user can be proven to be the result of fraud or theft of personal information or transactional assets (such as a stolen credit card used to pay for our services), or the payment was determined to be made by a person under the age of eighteen (18) without parental consent.
The value of the refund will be at the discretion of CoGoCards and will be adjusted if necessary for refund processing costs if charged by third party payment gateways, and or exchange rate and banking fees if applicable.
Users acknowledge and agree that no refund shall be payable, nor claimable if the user breaches any condition of these terms.
4.0.4 Subscription Pricing Policy – Users can review pricing and subscription inclusions online at CoGoCards.com. The following pricing policy and structure applies to our services based on the subscription type purchased by the user. The user agrees to be bound by the application of our pricing structure(s), and our right to modify pricing:
4.0.4.1 Free Subscriptions – There are no charges for our free subscription service(s), however there are limitations of use and functionality under this subscription type. Users are restricted to a single card/single user under a free subscription service, and users acknowledge and agree that for-profit business entities are not authorised to access free subscription services for commercial business purposes.
4.0.4.2 Monthly Subscriptions – Users are charged up front (monthly in advance) on subscribing to a monthly service. Monthly charges will be debited from the users nominated account on the date of the anniversary of the subscription being undertaken. Additional new users added during a month are charged up front on the day of being added to the monthly business subscription account, and on the anniversary of the original subscription being undertaken, all active users under the account are charged at the monthly rate per user under the subscription.
Pro-rata charges for new users joining an existing business subscription account part way through a monthly billing cycle do not apply. The minimum charge for a new user joining an existing monthly business subscription account is the rate stated on the CoGoCards.com website under the appropriate subscription pricing schedule at that time to which the user has subscribed, regardless of the date the new user is added.
If user accounts are cancelled or deactivated during a month, refunds are not claimable by account holders. We do not refund accounts for deactivated users, deleted users, or deleted accounts unless circumstances per section 4.0.3 apply.
At the anniversary of the monthly business subscription being undertaken, any reduction in user numbers will be reflected in reduced billing to the client, that reduction value being equal to the monthly price paid for the user when they joined the account.
4.0.4.3 Yearly Subscription – Users are charged up front (for 12 months in advance, less any discount applicable) on subscribing to a yearly service. Yearly charges will be debited from the users nominated account on the date of the anniversary of the subscription being undertaken. Additional new users added during a year are charged up front, on the day of being added to the yearly business subscription account.
Pro rata pricing is applied to new users who are added during the year to a yearly subscription account; the cost includes the month of joining plus an adjusted pro rata charge equivalent to the remaining months in the year up to the date of the anniversary of the original subscription being undertaken.
The minimum charge for a new user joining an existing yearly business subscription account is the rate stated on the CoGoCards.com website under the appropriate subscription pricing schedule at that time to which the user has subscribed, which includes a full month charge for the month of joining, adjusted against the annualised rate under the plan, plus the balance of months charged up to the date of the anniversary of the original subscription being undertaken.
If user accounts are cancelled or deactivated during a year, refunds are not claimable by account holders. We do not refund accounts for deactivated users, deleted users, or deleted accounts unless circumstances per section 4.0.3 apply.
At the anniversary of the yearly business subscription being undertaken, any reduction in user numbers will be reflected in reduced billing to the client, that reduction value being equal to the annual price for the user under the plan.
4.0.4.3 International Currency Billing – All pricing shown on our website will be designated in the national currency of the country or territory of the user, or in the currency of the country of the geographical region the user has selected to view.
4.0.4.4 Changes to Pricing – CoGoCards reserves the right to modify pricing at any time on its website and application for subscription services. We may reduce pricing at any time without notice, and apply it to new and existing user accounts at our sole discretion. Any increase in pricing to existing users will be notified by email and or in-app notifications, but such notice shall not take effect until fourteen days has expired from the date of the release of the notification to account holders.
5.0 Version and Feature Updates & Modifications to Our Terms and Conditions
CoGoCards Pty Ltd will from time to time add new features and user tools which improve our services to you, and or, rectify system faults or issues affecting user experiences or the platform operating system, or its legal compliance framework.
Periodically, we may also release new versions of our product and services which contain core feature improvements, or brand-new user tools.
If you have an existing or new active user account (either free or paid services), any version updates will be notified to you by email, or in-app notifications, and will take immediate effect, but you will not be asked to agree our terms and conditions again for the release of new versions, and or feature updates, or system rectification work to remedy issues.
Following any service, product, or system updates released by CoGoCards, and including any changes we make to our terms and conditions from time to time, you acknowledge our right to action such changes and improvements and agree to continue to be bound by the prevailing (most current) terms and conditions of use of our services, which is always accessible via our website and mobile application(s). You accept and agree without limitation that your ongoing use of CoGoCards services constitutes acceptance of the terms and conditions of use as published on the CoGoCards website.
You accept and agree without limitation that no retrospective referral to, or dependence on, any outdated CoGoCards terms and conditions is warranted in any defence in proceedings against us.
If any updates or changes to our platform may affect user privacy, under our Privacy Policy, you will be notified by email, or in-app notifications.
6.0 Our Privacy Policy Forms Part of Our Terms and Conditions
By agreeing to these terms and conditions of use you acknowledge and agree without limitation, to be bound by the CoGoCards Privacy Policy, which is incorporated in, and forms part of these terms and conditions without exception. This condition constitutes a lawful requirement, and our reasonable best endeavours to enforce the protection of the privacy of users, our business, your business, and minors under the age of eighteen years old; and therefore, requires your lawful conduct as a user of the platform in your country or territory of use, under these terms and conditions.
7.0 User Obligations
Users are required to register an account with CoGoCards Pty Ltd in order to access and use our services. You can only access services if the CoGoCards terms and conditions are agreed to. Under these terms and conditions, you acknowledge and agree, without exception, to undertake the following:
7.0.1 Supply of User information – You shall provide only personal and or business information which you own, or are authorised to provide by your business or entity about other users you seek to register under a subscription account. All information must be true and correct at the time of account and user registration, and the information must reasonably be kept up to date at all times.
7.0.2 Errors and Omissions - That errors or omissions of information submitted by you, which result in any event or condition or circumstance detrimentally affecting users or account owners, is accepted under these terms and conditions, to have been caused by the fault of the user entering incomplete, excessive, or erroneous information, and CoGoCards shall not, and cannot, be held liable for any consequential losses arising under these terms and conditions, and no claim can be made against us.
7.0.3 Currency of Information – To ensure the information which is supplied to CoGoCards is current, not expired, and to reasonably keep up to date any changes of information that affect user accounts. It is acknowledged and agreed that it is the sole responsibility of users to maintain the accuracy of the user and account information they manage on our platform under their authorised account, and in accordance with 7.0.2 of these terms and conditions above.
7.0.4 Misleading Information – To never provide or supply to CoGoCards on our platform any false, misleading, or fraudulent information or claim, or the information of any person or business or entity which you are not authorised to provide. Such information includes names, position titles, visual imagery, company logos, user profile pictures, email addresses, personal and business information, and any meta-data provided to the platform including business and social web links.
7.0.5 Explicit, Inappropriate and Illegal Conduct and Content – You may not use our products and or services for any illegal or unauthorised purpose, nor violate international laws, or laws in the country or territory of your jurisdiction. Specifically, you may not use our services to access, upload, post, link, write, share in any way, email, or transmit visual imagery or audio or printed or digital files, or messages transmitted in any other way, which are or may be illegal, and or constitute explicit or inappropriate content, and or, content which may be deemed to be any threat of violence, or attempt to incite violence and or disorder or harm. Furthermore, any defamation, sexism, racism, explicit nudity, or harassment of a person, entity, animal, being, religion and or religious beliefs, or an invasion of privacy which is unlawful, or expressions of inappropriate profanities, or cruelty of any kind in any form, will not be tolerated on our platform under any circumstances.
In accordance with the law and these terms and conditions, users acknowledge and agree that any contravention of our terms and conditions with respect to explicit and illegal content, will result in the immediate suspension or termination of the offending users account, and in relevant matters direct referral of the breach to the appropriate law enforcement agencies in your country or territory of residence.
CoGoCards reserves and exercises editorial rights to control content at its sole discretion and will identify and determine what is deemed either clearly at law, or by reasonable moral, social and ethical standards of interpretation, to constitute explicit, illegal and or inappropriate content, and shall suspend or terminate a user’s account for any breach it considers to have occurred of our terms and conditions with respect to such content (section 7.0.5), and no refund shall be offered, or claimable by the user (per section 4.0.3), unless there is an accidental breach on our behalf of laws in the country of jurisdiction in which the user resides, with respect to freedom of speech and publication, in which case a refund may be offered, or required by law, and shall be paid.
8.0 Copyright and Intellectual Property Rights
Users of CoGoCards products and services, which includes the use of and access to all data (as defined in section 3.0.5), including programming code that has been created by our developers and operates and is stored on or by the CoGoCards platform on any and all internal and external devices, user devices, and servers including third party servers, and including also all future program code updates and version releases, imagery and trademarks, acknowledge and agree that our product(s) and service(s) are intellectual copyright and trademark protected and cannot under any circumstances, and without exception or limitation, be reproduced, displayed, published, distributed, copied, transferred, modified, extracted, scraped, gathered, or mined in full or in part, nor derivative works created, reverse engineered, assigned, sub-licenced, stolen, traded, transmitted, on-sold (resold), exploited or downloaded, or given away, unless permissions have been expressly granted by CoGoCards Pty Ltd within the context of the general download and use of the CoGoCards application under these terms and conditions.
Users acknowledge and agree to be bound by section 8 unconditionally, and in the event of a breach of this section, that any action brought against the user is not defensible by the user in any court, unless the jurisdiction in which the breach occurred enforces that a defence is appointable to the user. CoGoCards will seek damages and compensation to the fullest extent of the law for any breach of these terms and conditions, specifically with regard to Section 8 for theft or misappropriation of intellectual property.
9.0 User Age Condition
By agreeing to these terms and conditions, and using CoGoCards services, you warrant that you are at least the age of majority in your state or province of residence, and or, not younger than eighteen (18) years of age, and that you have given us your consent to allow any of your minor dependents to use our services should you wish to grant them access to some CoGoCards products and services.
In some CoGoCards applications, certain services are designed specifically for use by educational institutions, and other recognised (registered) social, charitable, sporting, and community institutions, which permits access to CoGoCards by children under the age of eighteen (18). This can only be authorised by the minor’s lawful parent or guardian, and sub-sharing must not be enabled.
10.0 Accuracy of Information
Whilst every effort is made to ensure our application presents correct and current information, from time-to-time information may be accidentally omitted and or deleted, lost in part or in full, contain errors, or become out of date, or inaccessible. Users agree that the information and data we provide, store, present and manage on our platform, is general in nature, and that is does not represent professional advice upon which decisions should be made, nor do we offer any warranty that data will not be lost or deleted, or corrupted. Any reliance on data presented, used, made available, or that becomes inaccessible, corrupted, or that becomes lost on our application, is entirely at the users risk, and the user agrees to indemnify CoGoCards, its agents, owners, directors, shareholders, employees, and associated third parties from any action or consequence resulting from reliance on our data and information.
11.0 Rights of Refusal
CoGoCards reserves the right to refuse service to any person, or entity, for any reason at any time, where it is lawful to do so in the jurisdiction of your residence or operation, and where CoGoCards believes it is necessary to do so to protect users and its services, privacy of information, brand value, and the security and reputation of the platform if an issue is detected or perceived to be a threat or concern. We may cancel services, modify services, restrict or suspend user access, terminate and or delete user access, or shut down user access at any time, without notice under these circumstances, and users agree that no claim against CoGoCards, whatsoever, can be brought against the company resulting from our rights to refuse services.
12.0 Modifications and Access to the Service
CoGoCards reserves the right to modify, discontinue, suspend, or terminate services either temporarily or permanently, with or without notice for any event triggering a right to refuse services under section 11 of these terms and conditions, or as may be required by cessation of business due to insolvency, or the sale, acquisition, or merger of the business, retirement of the platform, or disposal or restructure of the business in any other form. You agree to indemnify CoGoCards against any losses whatsoever arising from any interruption, disruption, or discontinuance of services under this section, and that no claim against the company can be made due to any form of modification to our services.
13.0 Third Party Service Provider - Protections
Under these terms and conditions CoGoCards assigns the enforceability of all authorised third party hardware and software providers existing and future terms and conditions (including variations and amendments) equally as under our own. Third parties include for example (but are not limited to), Apple Inc., Google, Amazon Web Services, and Stripe. Your use of our products and services under the CoGoCards terms and conditions is your warranty without limitation to abide by all third party terms and conditions at all times as necessitated by those parties under their own terms and conditions, and also under our own herein. To the limit of enforceability under law, users agree to relinquish all rights of defence for breaches of third party terms and conditions, for any action brought against them for deliberate misuse of CoGoCards products and services that may impact the third party and give rise to legal action.
At any time, and with or without notice, third party terms and conditions, in part or in full, may be excluded from, or struck from these terms and conditions at the sole discretion of the third party where they deem it is appropriate or necessary, and that any exercise of such rights of exclusion shall take precedence over CoGoCards terms and conditions.
It is the responsibility of users to review, understand, acknowledge and agree to, the terms and conditions of third party services used by CoGoCards, but irrespective and not withstanding any such review or failure to do so, the agreement by the user to CoGoCards terms and conditions, and use of our services, is the users agreement to and acknowledgement without limitation that they are bound by these terms and conditions, and those of our third party service providers.
14.0 Disclaimer of Warranties
Users agree and acknowledge that to the fullest extent of the law, that access to, and use of CoGoCards products and services is undertaken solely at your own risk, and you accept that all legal defences and remedies are forgone, for any impacts whatsoever arising from use of our products and services.
With respect to powers of enforceability, CoGoCards disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, you acknowledge and agree that CoGoCards makes no warranty that our services will I) meet your requirements, II) will remain un-interrupted for any duration of time III) that services are secure or error free, III) that services will be accurate or reliable, IV) that the quality of any products, services, information, advice or other material purchased or obtained by you through the service will satisfactorily meet your expectations.
Under these terms and conditions users acknowledge and agree that any failure of us to exercise or enforce any right or provision, or part thereof, of these terms and conditions shall not constitute a waiver of such rights or provision.
15.0 Limitation of Liability
To the extent permitted by law you expressly agree and understand, and warrant without limitation that CoGoCards, its employees, owners, shareholders, sub-contractors, suppliers, agents, customers, clients, other users, agencies, and affiliates will not be held liable, nor action pursued against them for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profit or income including but not limited to damages for loss of reputation, goodwill, use, or other tangible or intangible loss arising in contract, tort, or caused by any non-deliberate negligence or misfortunate circumstance which we cannot directly or indirectly control or cannot have been reasonably been expected to control. Specifically, under these terms and conditions CoGoCards shall not be held liable, in any form or manner whatsoever, by any user or account holder for any impact noted herein under section fifteen (15.0), either perceived, possible, actual, current, historical or ongoing over any duration of time for any failure of I) the CoGoCards platform or third parties to remain on line and available to users, II) the merchant banking platform to process information and transactions accurately, effectively, reliably, and remain secure III) the cyber-security platform causing information to be misappropriated, stolen, traded, or used in any manner for any purpose IV) the CoGoCards platform to not deliver what the user expected from our services in their estimation of value and their understanding of the product and services features and capabilities.
16.0 Personal Information
Your personal information, including any commercial and transactional banking information used to purchase and utilise our services, and which you supply to CoGocards for use on the platform to create an account(s) and manage your account(s) with CoGoCards, and any other information you may supply during your use of our products and services, including details of any other person you are authorised to supply details for, is protected and governed by our Privacy Policy which forms part of these terms and conditions.
17.0 Indemnification
You acknowledge and agree to indemnify, defend, and hold harmless CoGoCards Pty Ltd, including equally its subsidiaries, affiliates, partners, third party suppliers and contractors, directors, officers, agents, employees, interns, and licensors from any claim or legal demand, or legal action of any kind, including any and all reasonable legal or professional and or court fees, made by you or any third party due to or arising from any breach by you, or any other party whatsoever, of these terms and conditions or the documents or parties they incorporate or reference, including the CoGoCards Privacy Policy, or your violation of any law or the rights of a third party, in so far as it is defensible to remain indemnified to the fullest extend of the law.
18.0 Severability
Users acknowledge and agree that in the event that any provision (section), in full or in part, of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permissible under applicable law(s), and the unenforceable part shall be deemed to be severed from these terms and conditions, but that shall not affect nor impede the validity and enforceability of any other remaining provision(s) of these terms and conditions.
19.0 Errors and Omissions
From time to time there may be accidental typographical errors, inaccuracies, or omissions related to the product and service, which includes subscription and pricing information. At all times we endeavour to maintain the accuracy of our web site and application content, and where errors, omissions, or inaccuracies are identified, users acknowledge and agree that we reserve the right to change, correct, remove, and or update information at any time, and without notice, and without penalty or legal action being undertaken against us. Where information may be modified in any manner by us at any time, it shall not affect the validity of these terms and conditions which shall remain enforced and unaffected. Where any such actions by us may affect service charges, pricing, privacy, or personal and financial information security, we will notify users as soon as reasonably practicable.
20.0 Uses and References to User Information and Content
Users agree and acknowledge that under these terms and conditions CoGoCards may use, display, refer to, publish on its website and or application, or in publications and media, including printed and electronic media, and social and business media and advertising and promotions in any form, any users business branding marks or logos as provided by the user to CoGoCards, including any CoGoCard(s) information such as, but not limited to, card imagery and all typographical content, as provided by the user under their subscription to use our products and services. Where a user objects to such use(s) as described in this section, you are obliged to notify us of your requirement to cease the use of your information, and we shall act accordingly by removing such information or the use of it as soon as reasonably practicable. Users agree and acknowledge under these terms and conditions that no legal claim of any kind is actionable for use of information under this section by CoGoCards, and equally that no other actions can be taken in the form of any other civil act, including dispute, protest, or review, that can be raised, displayed, verbalised, written or published against CoGoCards Pty Ltd, including its Directors, owners, officers, shareholders and employees for use of information by CoGoCards as described in this section. We do warrant that our use of information under this section is solely used for the purposes of marketing and promotions of CoGoCards products and services.
21.0 Information Access - Rights of Disclosure
Users acknowledge and agree that CoGoCards Pty Ltd at its sole discretion, or as required by law, has the right to disclose user and account data and information to recognised law enforcement and intelligence agencies at any time, and for whatever reason where there is a possible, potential, actual, or perceived need to do so in ensuring we keep users, and communities safe from harm, and that the law is upheld to the best of our reasonable capability.
Where the laws of a jurisdiction in the countries in which we operate may prevent or restrict such disclosure of information, then those laws shall prevail and information will accordingly not be released.
22.0 Account Access Rights
Users acknowledge and agree that CoGoCards Pty Ltd reserves the right to access user accounts at any time for the purpose of correcting errors and omissions, making changes to information or the service, general administration of records and information, monitoring compliance to these terms and conditions, and to
upload or download graphics, typographical content and database information aligned with our design support services, and bulk customer onboarding processes. Our access to, and handling of information under this section is governed under the Privacy Policy which forms part of these terms and conditions.
23.0 Termination
These terms and conditions are effective unless, and until, they are terminated by either you or by us, or under the demand of a legislated government authority, and the obligations of all parties incurred prior to termination shall survive the termination of this agreement for all purposes. Users may terminate services at any time by notifying us that you no longer wish to use and access our services. At our sole discretion if you fail, or we suspect that you have failed, to comply with any provision of these terms and conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of expiry of your subscription, unless it is otherwise required by law.
24.0 Governing Law
Unless otherwise required by local, state, territory, or federal laws of jurisdictions in countries and nations, other than and including Australia, in which we operate and offer CoGoCards products and services, then it is agreed unconditionally by users, that the principal governing law under which users acknowledge and agree to be bound, including the place of any intended action against us, under these terms and conditions, without limitation, or recourse, by what or by whomsoever, is that here stated, listed in the order of designated priority under this agreed contract with you, the user, herein being: firstly; the fair and reasonable considerations of South Australian, and or Federal Australian Law, whichever stands stronger in our best defence, and or secondly; the laws of other Australian states and or territories, and the United Kingdom, the United States of America, being any and all Federal and State laws of the United States, whichever stands stronger, India, Asia, and the Philippines, and thirdly; any and all International Law that might prevail for our purpose and benefit under the enacted principles of western law doctrine in the countries aforementioned here.
Notwithstanding and including the above (section 22, and all other sections), then in and under these terms and conditions, official jurisdictional law shall always prevail over this section with respect to the appointment of a Court, but without such condition enforced, then the user agrees that designation of a jurisdiction shall be reasonably and fairly determined by CoGoCards at its sole discretion in any action brought by it against users, or brought against it by users.
Equally, and non-severably, if CoGoCards Pty Ltd and its third party suppliers perceive a possible business viability threat or concern, or detrimental impact on reputation, brand, business continuity, safety, personal safety, national security, and data security, and or its international human rights position may be affected, then unless it is required otherwise by prevailing law, all and every user acknowledges and agrees that no legal action can be pursued outside of the South Australian or Australian Federal Courts, unless at our sole discretion we lawfully designate another jurisdiction to manage outcomes that serve our best legal defence and those of our third party suppliers.
You agree that we hold and have the power to exercise all enforceable rights herein under these terms and conditions in their entirety, and that at our express and sole discretion we may select the lesser or the greater Court of any Land if it serves our best interests and our good intent, preserves the afforded rights of users, and our third party suppliers, and does not contravene the law.
25.0 Entire Agreement
Users agree and acknowledge that any failure on our part to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies, which includes our Privacy Policy, and operating guidelines, rules or instructions as published on our website with respect to the use of our services, constitute the whole of this agreement in its entirety and understanding between you and us. They govern the use of our services by you, superseding any prior
contemporaneous agreements, communications, proposals, whether written or oral, between you and us, including but not limited to, any prior versions of these terms and conditions.