TERMS OF USE

The following Terms of Use are entered into by and between You and Marketing Munch Pty Limited (ACN 143 805 207) ("Company," "we," or "us").

This Terms of Use policy, along with the Privacy Policy and Earnings and Affiliate Marketing Disclaimer, governs your access to and use of www.giigs.us (the "Website"), including any content, download of the unique publication, Giigs (US Edition) (the "Digital Publication"), and services offered on or through our Website.

  1. About the Website
    1. Welcome to www.giigs.us (the "Website"). The Website provides users with the opportunity to access unique information with respect to how to earn money doing tasks and small jobs from home and out and about. The Website provides users with access to; (a) the unique publication Giigs (US Edition) (the "Digital Publication"), written by Michael Wong and published by the Company; and (b) an email newsletter solely for opt-in subscribers.
    2. (the "Services")
    3. The Website is operated by the Company trading as Giigs ("Giigs"). Access to and use of the Website, or any of its associated products or services, is provided by the Company. Please read these terms and conditions (the "Terms") carefully. By using, browsing and/or signing up for use of the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
    4. We reserve the right to review and change any of the Terms by updating this page at the Company's sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You continued use of the Website constitutes your acceptance and agreement to the Terms.
  3. The Digital Publication
    1. In order to access the Digital Publication, you are required to make a purchase through ClickBank’s secure order form, which accepts credit cards and PayPal, and provides advanced fraud protection (the "Online Retailer").
    2. As part of the purchasing process, you will be required to provide personal information about yourself (such as identification or contact details), including; (a) an email address; and (b) full name; and (c) street address, city, state/province, zip code, country; and (d) credit card name, number, expiry date and security code.
    3. You warrant that any customer information you give to us will always be accurate, correct, and up to date.
    4. The purchasing process is completed upon successful payment via the ClickBank secure order form through the payment of a fee.
    5. Once you have completed the purchasing process, you will become a customer of the Company ("Customer"), and be able to download the Digital Publication to your computer or device, and agree to be bound by the Terms.
    6. You may not use the Services, or purchase the Digital Publication, and may not accept the Terms if: (a) you are not of legal age to form a binding contract with the Company; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Terms of Sale
    1. Your purchase will appear on your bank statement under the name "CLKBANK*COM".
    2. ClickBank will allow for the return or replacement of the product within 365 days from the date of purchase. For more details see ClickBank's return policy.
    3. The geographic location of your computer will be determined and recorded. All attempts at fraud will be prosecuted.
    4. Information submitted in conjunction with the order is handled within the constraints of ClickBank's privacy policy.
    5. By entering your email address in ClickBank's secure order form, you consent to ClickBank sharing that information us and/or affiliate related to the product, for order fulfillment and marketing purposes.
    6. The ClickBank Marketplace is not a chartered bank or trust company, or depository institution.
    7. The ClickBank Marketplace is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.
  5. Guarantee Policy
    1. Refund Policy
      Unless otherwise stated, all products in this Website have a 365 day money back guarantee. If you are dissatisfied with a product you have purchased for any reason, contact us or email mike@giigs.us to request a full refund of your purchase price.
    2. Abuse of the Refund Policy
      ClickBank customers requesting serial or repeated returns may be blocked from making further purchases using the ClickBank services. Customers that violate the terms of use of a product may have their right of return revoked for such product.
  6. Your Obligations as a Customer
    1. As a Customer, you agree to comply with the following:
      • (a) you will not share the Digital Publication with any other person;
        (b) you will use the Services and Digital Publication only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
        (c) any use of the product by any other person, or third parties, is strictly prohibited.
        (d) you agree not to harass, impersonate, stalk, threaten another Customer of the Website or any of the Service Providers;
        (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
        (f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
        (g) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
    2. As a Customer, you will be given access to download a copy of the Digital Publication. You acknowledge and agree that the Digital Publication is only available to Customers and it is not to be copied or reproduced in any way, whether in part or in full.
  7. Affiliate Policy
    1. To become an affiliate for the Digital Publication (the "Affiliate"), you must have a ClickBank account.
    2. To sign up for a ClickBank account, you must have JavaScript and cookies enabled in order for ClickBank's pages to function properly. To check these settings follow these browser-specific instructions:
        (a) Firefox – Select the Firefox menu and choose Preferences. Click on the Content tab and make sure the box marked Enable JavaScript is checked. Then click on the Privacy tab and make sure the boxes marked Accept cookies from sites and Accept third-party cookies are both checked.
        (b) Internet Explorer – Select the Tools menu and choose Internet Options. Click on Security and make sure the security level zone is set to Medium-High. Then click on Privacy and set the cookies level to Medium.
    3. As part of the ClickBank signup process, you will be required to provide personal information about yourself (such as contact details and banking information), including your personal information:
      • (a) Preferred Language – This is the language in which the user interface and messages for your account are displayed; and
        (b) Country – The country in which you live or in which your business operates; and (c) First Name – Your first name; and
        (d) Last Name – Your last name; and
        (e) Street Address – The street address for you or your business; and
        (f) Apt / Suite / Other – If you or your business have an apartment, suite, or other number, enter that number here; and
        (g) Zip Code or Postal Code – If your country uses zip codes or postal codes, enter the postal code for you or your business; and
        (h) State or Province – The state or province where you live or where your business operates; and
        (i) City – The city where you live or where your business operates; and
        (j) Phone Number – The primary phone number for you or for your business; and
        (k) Email Address – The email address for you or for your business.
        (l) your banking information:
        (m) Payee Name – The payee name is the business or person who receives payments from your ClickBank account. You can change the payee name at any time; and
        (n) Bank Name – The name of your bank; and
        (o) Banking Country – The country in which you do business with your bank; and
        (p) Tax ID – If your business is based in the US, you must enter either your business' Employer Identification Number (EIN) or your Social Security Number (SSN).
    4. As an Affiliate, you may refer prospective customers to the Website for the provision of the Digital Publication (the "Referral").
    5. You must review ClickBank's Client Contract and check the checkbox indicating that you have read and agreed to the terms and conditions.
    6. ClickBank accept affiliates from over 150 countries. To see a full list of accepted countries, visit ClickBank's signup page and enter your country name in the Country field. If your country does not appear, you cannot sign up for a ClickBank account. If you move to a country that is not accepted, you will no longer be able to use your ClickBank account.
    7. You agree to promote Giigs with a customized ClickBank HopLink (the "Affiliate Identifier").
    8. When you drive a sale to a product, ClickBank processes the sale, applies its charges, then calculates the seventy five percent (75%) commission (the "Commission") based on the remaining net sale amount, and credited to your account within two minutes of the sale.
  8. Copyright and Intellectual Property
    1. The Website, the Services, the Digital Publication, and all of the related products of the Company are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the "Content") are owned or controlled for these purposes, and are reserved by the Company or its contributors.
    2. We do not grant you any other rights whatsoever in relation to the Website or the material on the Website. All other rights are expressly reserved by the Company.
    3. The Company retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
        (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
        (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
        (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
        to you.
    4. You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
    5. If you broadcast, publish, upload, transmit, post or distribute any content on the Website ("Your Content"), then you grant to the Company a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
  9. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. In accessing the Website or using the Services, you acknowledge and agree that the Company:
      • (a) is not engaged in the practice of providing or sourcing jobs;
        (b) does not provide jobs; and
        (c) does not provide job search advice or services.
    3. Subject to this clause 9, and to the extent permitted by law:
      • (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
        (b) We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    4. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party providers or licensors of the Company make any express or implied representation or warranty about its Content or any products or Services (including the products or services of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
        (b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
        (c) costs incurred as a result of you using the Website, the Services or any of the products of the Company;
        (d) the Content or operation in respect to links which are provided for your convenience;
        (e) any failure to complete a transaction, or any loss arising from ecommerce transacted on the Website; or
        (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  10. Limitation of liability
    1. The Company’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of information to you.
    2. You expressly understand and agree that the Company, its affiliates, employees, agents, contributors, Service Providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. We not responsible or liable in any manner for any content (including the Content and your Content and third party content) posted on the Website or in connection with the Services, whether posted by us or by third parties.
    4. We do not control and are not responsible for the behaviours and actions of its members, their comments, posts or information that they upload. Accordingly, we not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with any of the services provided on the Website.
    5. By using the Website, you acknowledge that you are solely responsible for ensuring that you do not use the Services in such a way that you will be at risk of personal or psychological harm.
  11. Indemnity
    1. You agree to indemnify the Company, its affiliates, employees, agents, contributors, Service Providers and licensors from and against:
      • (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content posted to the Website;
        (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
        (c) any breach of the Terms.
  • Dispute Resolution
    1. Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
    2. Notice:
      A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
      • (a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
        (b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
        (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
        (d) The mediation will be held in Sydney, Australia.
    4. Confidential:
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
      If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  • Venue and Jurisdiction
      The Website, Services and Digital Publication offered by the Company are intended to be viewed by residents of the United States of America. In the event of any dispute arising out of or in relation to the Website, Services, or Digital Publication, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sydney, Australia.
  • Taxes Collected
    1. Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in United States Dollars (USD).
    2. Because ClickBank is considered the final retailer/reseller for all products sold through ClickBank, it is ClickBank's responsibility to collect and remit various types of taxes based on the customer's location. ClickBank automatically collects and remits taxes for jurisdictions in which ClickBank is legally required to do so. In addition to taxes collected due to ClickBank's corporate status or "nexus," you can find more information about tax requirements in specific jurisdictions.
    3. Value Added Tax (VAT) is calculated differently from other taxes. Standard taxes are added to the total cost of a product before ClickBank's portion is calculated, but VAT is added after ClickBank's portion is calculated.
  • Governing Law
      The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  • Independent Legal Advice
      Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  • Severance
      If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  • Please contact us if you have any questions.

    Last updated September 29, 2018.