Google Trusted Stores Program Terms of Service

The Google Trusted Stores Program (the “Program”) is designed to help customers (“You”) find merchants who offer a superior online shopping experience. The Program offers You certain protection when You purchase an eligible item from a merchant participating in the Google Trusted Stores Program (“Merchants”). When You elect to participate in the Program through the Program’s opt-in module or by any other means that Google provides, You are agreeing to participate in the Program on the terms described here.

This document consists of the following sections:

The Protection Google Offers

When You buy an eligible item covered by the Program from a qualifying Merchant, and the Merchant fails to remedy any of the eligible problems listed in this section, then if you report the problem to Google through your account within 60 days from the date that you placed your order with the Merchant, Google will assist You in resolving the problem and/or provide You a full refund, equal to the original item price plus shipping and tax, subject to the refund limitations and processes described in these terms.

Eligible problems include each of the following:

Please consult the Program help center for more information about the protection Google offers under the Program and other Program policies. This information and these policies form part of these Program terms. In particular, please refer to the following pages:

  1. Please see the list of “Restricted Products and Services” here. These products and services are not eligible for protection under the Program, even if You opt-in to protection when you order such a product from a Merchant.
  2. Please see the “Report an issue with your order” page here for more details about how to report an eligible problem with an eligible item and how to ask for Google’s assistance to resolve the issue.
  3. Please see the “Resolution process” page here for more details about what happens when You have asked for Google’s assistance to resolve an issue.
  4. Please see the “Order resolution” page here for more details about what constitutes an eligible problem under the Program and what happens if You cannot reach a mutually agreeable resolution to Your eligible order issue with the Merchant and Google makes a determination on Your issue.

Your protection is limited under the Program to the lower of (a) the full amount You paid the Merchant, including tax and shipping or (b) $1,000 in lifetime claims for Your account. You may not open more than one account associated with the Program. In no case will Your compensation under the Program exceed the amount You paid the Merchant, minus any refunds You received from the Merchant and/or Your payment provider.

In lieu of a direct refund, Google may, at its sole discretion, assist You in filing a chargeback with Your payment provider.

Google will determine the eligibility of any claims You make against a Merchant or the Program, the validity of any remedy offered by the Merchant, and the amount of refund, if any, You are due in accordance with these Terms. Google retains the right to change the refund limits described above for future purchases.

For the avoidance of doubt, protection offered by Google as part of the Program is not:

Your Eligibility Requirements

To be eligible for the Program, in addition to the other conditions contained in these terms:

Qualifying Merchants and Eligible Items

Not all purchases are protected by the Program. Please read this section carefully to understand if Your purchase qualifies for the Program.

Purchase from A Google Trusted Store

Only purchases made from a Google Trusted Store are eligible for the Program. Google Trusted Stores display a Google-authorized badge on their website. Merchants may, from time to time, change their eligibility status as Google Trusted Merchants, so You should verify the Merchant’s eligibility before every purchase.

Restricted Products and Services are not Eligible Items

Restricted products and services (listed here) are not eligible for protection under the Program, even if You opt-in to protection when you order such a product from a Merchant. In such circumstances, if You report an issue with such an order then Google may (at its sole discretion) attempt to provide assistance resolving the issue, but in no case shall the order be eligible for any protection or coverage implied by the Program.

Order Placed Online by You

You must personally place Your order online, not via phone, fax, mail, co-navigation, or any other method where someone other than You or someone authorized to act on Your behalf are accepting these terms. If You place an order on behalf of a business, You warrant that You are duly authorised to participate in the Program on these terms on behalf of that business.

Pay in Australian dollars

You must pay for Your order in Australian dollars.

Payment Methods

You must pay for Your order with a credit card, debit card, PayPal™, BillMeLater®, Amazon Payments™, eBillMe™, Google Wallet, Worldpay™, Serve™, Moneybookers.com™, Nochex™, Paypoint.net™, Sage Pay™, or Realex™. Orders paid with any other method, including but not limited to, cash, cheque, purchase order, gift card, house credit, or wire transfer are not eligible for the Program. In the case of orders part-paid by an eligible payment method, the maximum amount which is eligible for protection under the Program is the amount that is paid by an eligible payment method (unless Google determines otherwise at its sole discretion).

No Chargebacks

If You have filed a chargeback and it is still open, or if You have won a settlement of any amount via Your debit or credit card or other payment processing company, Your order is not eligible for the Program.

Australian Shipping Addresses Only

Orders shipped outside Australia are not eligible for the Program.

Google may attempt to suppress the Program’s visible elements to You when You access a Merchant’s website from outside Australia, however this action is taken as a convenience only. By electing to participate in the Program, You agree You are shipping to an eligible address. If You order with an ineligible address but nevertheless elect to participate in the Program and You later escalate the order for assistance, Google may (at its sole discretion) attempt to provide assistance resolving the issue, but in no case shall the order be eligible for any protection or coverage implied by the Program.

No P.O. Boxes

Orders shipped to Post Office Boxes are ineligible for the Program.

No Change Of Address

Orders may be declared ineligible for the Program if the delivery address is changed or the shipment is re-routed during transit.

Proof of Payment

Google may, at its sole discretion, require You to provide sufficient proof of payment for an order to be eligible for the Program.

No Virtual Currency

Orders paid via virtual currency are ineligible for the Program.

No Conditional Retail Models

Your order may not be on a conditional basis, such as (but not limited to) offers requiring a minimum number of customers to activate a purchase.

Recurring Purchases

If you place an order that results in recurring charges for recurring shipments of an item (e.g., you order monthly shipments of dog food where you are charged on a monthly basis for each shipment), only the initial shipment is eligible for protection under the Program.

Your Responsibilities

Just as Google requires Merchants to meet their commitments on each order, it is Google’s policy to require customers to meet their commitments as well. You must comply with Your applicable Merchant’s policies, terms and conditions and the statutory obligations with regard to withdrawal or cancellation rights and you must have returned the item in compliance with statutory law and any valid agreed upon return conditions of the Merchant. Because policies may vary significantly based on the product You buy or the Merchant from whom You buy, please read and consider these details carefully prior to placing Your order. Please be aware that some policies place significant restrictions or burdens on the customer, including (but not limited to) items which may not be returned or cancelled, restocking fees, return shipping fees, cancellation fees, requirements to refuse damaged shipments, or the requirement to return items before receiving a refund.

Getting a Refund

If You report an eligible problem with an eligible item (see the help center links in the “The Protection Google Offers” section above) to Google through your account within 60 days of the date that You placed Your order with the Merchant, and Google determines that You are due a refund according to the terms above, the Merchant will have an opportunity to refund You directly via Your original form of payment. If the Merchant fails to refund You, Google will refund You directly (subject to the lifetime protection limits described in these terms) or may, at Google’s option, assist You in filing a dispute through the provider of Your original form of payment. Google may require further information from You before issuing a refund to You and Google is not obliged to issue a refund to You in circumstances where Google (in its sole discretion) considers that doing so may infringe applicable laws or regulations.

Your Privacy

Google will not share personally identifiable information about You or Your order with any third parties except as set forth in the privacy policy applicable to the Program. By agreeing to participate in the Program, You agree that Google may contact You, Your Merchant, Your product manufacturer, and/or any other relevant party regarding any claims You file; and Google may contact You requesting feedback about Your experience with the item(s) and/or the Merchant. Google will use any personally identifiable information about You which You provide to Google in accordance with the privacy policy applicable to the Program.

Electronic Communications

Google may communicate with You regarding the Program by means of electronic communications, including (a) sending electronic mail to the email address that You provided to Your Merchant or to Google, (b) posting notices or communications on the Program’s web-based help center, (c) posting notices or communications to You on Your Program account page, or (d) sending you a post-purchase survey when you opt-in to purchase protection. You agree that Google may communicate with You by means of electronic communications the following: these terms (and revisions or amendments), notices or disclosures regarding the Program, refunds, and any other matter relating to Your participation in the Program.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by You when Google sends the electronic communication to Your email address, or when Google posts the electronic communication on the Program’s web-based help center.

For those communications or records that Google is otherwise required under applicable law to provide in a written paper form to You, You agree that Google may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) You may contact Google through the Program’s web-based help center to request another electronic copy of the electronic communication without a fee; (b) You may request a paper copy of such an electronic communication, and Google reserves the right to charge a fee to provide such paper copy; (c) You may contact Google through Your Program account or the Program’s web-based help center to update Your email used for electronic communications or to withdraw consent to receive electronic communications; and (d) Google reserves the right to terminate Your participation in the Program if You decline or withdraw consent to receive electronic communications from Google.

Termination of Service

We may, in our sole and absolute discretion without liability to You or any third party, terminate Your participation in the Program for any reason, including without limitation inactivity or violation of these terms or other policies we may establish from time to time. Upon termination, we have the right to prohibit Your access to the Program, including without limitation by deactivating Your account, and to refuse future access to the Program by You.

Disclaimer of Warranties

THE PROGRAM IS MADE AVAILABLE “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (A) GOOGLE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, “GOOGLE PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE PROGRAM OR THE PRODUCTS, CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PROGRAM, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROGRAM; AND (B) EACH GOOGLE PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE PROGRAM, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GOOGLE PARTIES DO NOT WARRANT THAT THE ESCALATION, REFUND OR OTHER SERVICES CONTAINED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, AND THE GOOGLE PARTIES WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS (INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF REFUNDS). NOTHING IN THESE TERMS WILL REDUCE YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS, OR ANY OTHER STATUTORY RIGHTS OR REMEDIES AGAINST MERCHANTS WHICH YOU MAY HAVE AS A CONSUMER.

Limitations of Liability; Force Majeure

(1) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOOGLE’S LIABILITY: (A) FOR DEATH OR PERSONAL INJURY RESULTING FROM GOOGLE’S NEGLIGENCE OR THAT OF ITS SERVANTS, AGENTS OR EMPLOYEES; (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) FOR ANYTHING ELSE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(2) SUBJECT TO PART (1) ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NO GOOGLE PARTY SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GOOGLE PARTY OR THE PROGRAM, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GOOGLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS; AND (B) THE GOOGLE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND AUSTRALIAN DOLLARS(AUD1,000) IN THE AGGREGATE. In addition to and without limiting any of the foregoing, no Google Party will have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances.

Proprietary Rights

You acknowledge that Google (or Google’s licensors) own all legal right, title and interest in and to the Program, including any intellectual property rights which subsist in the Program (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Program may contain information which is designated confidential by Google and that You shall not disclose such information without Google’s prior written consent.

Nothing in these terms gives You a right to use any of Google’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

Jurisdiction; Governing Law

These terms will be governed by the law of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute concerning these terms, but either party may apply to any court for an injunction or other relief to protect its intellectual property rights.

Notice

In addition to the electronic communications authorized under the Section entitled Electronic Communications, statements, notices and other communications to You may be made by mail, email, postings on the Program’s web-based help center or other reasonable means. Google may also provide notices of changes to these terms or other matters by displaying links to notices on the websites of Google or a Google-affiliated or partner company (a “Google Web Site”). Notice to Google may be made by mail to:

Google Inc.
1600 Amphitheatre Parkway
Mountain View, CA 94043, United States

Modification of Terms

Google has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these terms at any time by posting notification on a Google Web Site or otherwise communicating the notification to You. The changes will become effective, after the initial posting and will apply on a going-forward basis after the posting date.

Assignment

You may not assign these terms or any rights hereunder, by operation of law or otherwise, without Google’s prior written approval and any such attempted assignment shall be void. Google reserves the right to freely assign these terms, to any third party without notice or consent.

Survival

Upon termination of Your participation in the Program or termination of these terms for any reason, the provisions of these terms that by their nature should survive that termination will survive that termination.

Other Provisions

The failure of Google to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms are adjudged by any court of competent jurisdiction to be invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain effective between the parties to these terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These terms constitute the entire statement of arrangements between Google and You with respect to Your participation in the Program.