RRG Terms and Conditions

Introduction

These terms and conditions apply to registered, non-registered members and casual visitors to the site irrespective of their status.This is the extended version of the T&C you agreed to upon registration.

These Terms of Use constitute the entire agreement between you and GMS regarding the use of the Site and/or the Service. The failure of GMS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The RRG website is built on a third-part application, and hosted on servers administered by the third party at their sole discretion, and may not be under the control of the administrators of the Site.

This site does not allow the posting of content in any language other than English, except where express permission is provided in order to allow for effective moderation, quality assurance and compliance.
Purpose

RRG is created to serve as platform of professional collaboration where the main focus on knowledge sharing. Any activity or content that detracts from this is prohibited. Specifically we prohibit:

Job placement or recruiting.

Multilevel Marketing and Network Marketing.

Unsolicited mass communications of any nature, including posts, videos or emails.

Definitions

    * RRG means the RetailSmart Results Group, describing the content and application hosted at retailsmartresults.com. Also referred to as ‘the Site’, and includes all products, services and content on the website or offered through the website. This includes any emails, newsletters or communications sent to you from us that may not be posted on the site.
    * The user is YOU, whether as guest, basic-, professional- or partner member of RRG.
    * GMS means Ganador Management Solutions (Pty) Ltd, registered in NSW, Australia.
    * ‘The Company’ means GMS.
    * Guest means a casual, non-registered visitor to the site who has access to a limited range of content similar to the intern user at large. This includes blogs, member pages and the online store.
    * Basic Member means a registered member using the site for free, with privileges as determined from time to time.
    * Professional Member means a basic member who is paying for additional privileges as determined from time to time.
    * Partner Member means a basic member who is paying for additional privileges and exclusive access from time to time, including the right to make commercial offers through the RRG Online store.

Registration Data

In consideration of your use of the Site, you agree to provide, maintain and update accurate, current and complete information about you as may be prompted by any registration forms on the Site and are fully responsible for all use and security of your account and for any actions that take place using your account.

The administrators reserve the right to terminate registered users when they use their privileges from multiple computers. Suspension is automatic if four (4) different IP addresses are detected, and will be only re-instated if the group administrators are satisfied that there is a realistic and reasonable need to allow multiple access points.

Proprietary Rights

All content on the Site and available through the Service, are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission or where legitimately purchased.

The foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. In limited instance you may purchase a license to re-print material that had been generated by RRG.

We do not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

GMS's trademarks, domains product descriptions may not be used, including in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct

Although the Site is available primarily for your personal, non-commercial use, it is designed to be platform of professional collaboration. Discussions, posts, activities, communications and proposals of a commercial nature are acceptable, but it is understood that this website is public and no warranty regarding confidentiality is provided.

Whilst the knowledge and the insights gained on the Site are meant to be commercially beneficial in its application, you may not use, copy or trade in any of the content provided on this site, without express permission or formal purchase of the rights to do so.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain unlawful material.
In addition, you agree not to use RRG to:

    * in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, the administrators or GMS;
    * solicit, collect, harvest personal information, including email addresses from anyone for commercial or unlawful purposes; and upload, post, transmit, share, store or otherwise make it publicly available
    * use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
    * impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    * upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    * upload, post, transmit, share, store or otherwise make available any videos other than those deemed appropriate for a professional collaboration like RRG;
    * register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
    * upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    * upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    * upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    * upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of GMS, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose GMS or its users to any harm or liability of any type.
    * intimidate or harass another;

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you provide, upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content").

You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post.

You understand and agree that the Group Admin may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You may remove your User Content from the Site at any time, where possible. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content and that some content such as comments posted on other blogs may not be removable.

GMS does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the GMS website or service any materials that violate another party's intellectual property rights.
Your submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site provided by you to GMS are non-confidential and shall become the sole property of GMS. GMS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Third Party Content

The Site contains (or you may be sent through the Site) links to other web sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

E-Learning Content

Members and guests may be allowed to gain access to E-Learning material. The content and delivery of such material may be hosted on a different server by a different provider. Material may be provided by GMS or by third part providers.

This material may not be copied, stored or distributed in any way except as required and expressly stated in the learning process.

The material remains the copyright of the provider. But material uploaded is intended to be shared with other users, and is made available in the various areas of the site in accordance with the particular application and fees may be applicable.

All applicable and general terms and conditions that apply to RRG also apply to all e-learning content.

In addition, the e-learning content may include downloadable material (e-books) which are also provided to authorised user (learner) only, and even though this may be stored on personal computers or other hardware, copyright is retained by the provider and distribution to other parties is expressly forbidden.

Registered users of the e-learning site may not make public or share their usernames and logon details with another party and must do everything reasonable to assure the confidentiality of such data.

The time period during which a registration for a specific e-course may be valid is set by the sole discretion of the service provider, and this may be as short as three days or three months or more.

RRG Online Store

All listings posted on or through the GMS Marketplace service and all transactions conducted in connection therewith are subject to and governed by the laws of Australia Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the RRG Online store.

GMS is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by GMS applicable to RRG Online Store are set forth on the Site, and please note that the Terms of Sale do not apply to your purchases of products or services from third parties through RRG Online Store, as those transactions are strictly between you and the other party to the transaction.
RRG Pages/Blogs

RRG Pages are special profiles used solely for commercial, political, or charitable purposes. You may not set up a GMS Page on behalf of another individual or entity unless you are authorized to do so.
GMS does not pre-screen or approve pages, and cannot guarantee that a page was actually created and is being operated by the individual or entity that is the subject/owner of a page. Nor is GMS responsible for the content of any page, or any transactions entered into or other actions taken on or in connection with any page, including how the owner of the page collects, handles, uses and / or shares any personal information it may collect from users
Promotions

The group administrators reserve the right to offer special terms and conditions, including but not limited to discount coupons, special rates, exclusive access and unique content to attract ands retain members.

Affiliate Fees

After paying all dues we reserve the right to change the affiliate fee system at any time without notice. Fees are paid quarterly, and are calculated and administered through the third part provider.
User Disputes

You are solely responsible for your interactions with other RRG users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy

We care about the privacy of our users and comply with the Privacy Act (2000) in Australia. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States, Australia and anywhere where the servers may be located.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by GMS, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. GMS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical malfunction or other problems of any telephone network, theft or destruction or unauthorized access to, or alteration of, User communications on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof or any other reason whatsoever.

This includes injury or damage to User's or to any other person's property, loss of income or the opportunity cost related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
You will be solely responsible for your use of the Site and any damages whatsoever that may result.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice, including terminating the service altogether.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GMS.

The site, the service are provided "as-is" and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the site and/or the service and/or any platform applications and does not represent or warrant that software, content or materials on the site, the service or any platform applications are accurate, complete, reliable, current or error-free or that the site or service its servers, or any platform applications are free of viruses or other harmful components.
Limitation on Liability

In no event will GMS or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GMS for the service during the term of membership, but in no case will the company's liability to you exceed the dollar value of 1-year’s membership fee if you are paying member. You acknowledge that if no fees are paid to GMS for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from GMS, regardless of the cause of action.
Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.

Arbitration

Except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the RRG Online store may be arbitrated.
Arbitration under this Agreement shall be conducted by an Australian arbitration option determined at our discretion. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined by the Arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you be instituted more than one (1) years after the cause of action arose.
Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any use, activity, or content related to the Site.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of News South Wales, Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Australia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction.