Website Agreement to Terms of Use and Ownership

These Terms and Conditions of Use (the “Terms of Use”) apply to the Buddy Global Proprietary Limited (“Buddy”) web site located at Buddy.rip, and all associated sites linked to Buddy.rip by Buddy, its subsidiaries and affiliates, including Company sites around the world (collectively, the “Site”). The Site is the property of Buddy and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Buddy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Buddy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, audio, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Buddy, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Buddy’s express prior written consent.

You may use information on products and services purposely made available by Buddy in the Site, provided that you (1) not remove any proprietary notice language in any or all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Buddy reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Buddy server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Buddy, including any Buddy account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Buddy’s systems or networks, or any systems or networks connected to the Site or to Buddy.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Buddy on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Buddy or others.

Purchases, Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Buddy’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Buddy may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Buddy makes no commitment to update the materials on the Site with respect to such products and services.

Copyright, trademarks and other intellectual property rights applies to your use of the Site. These rights are owned by or licensed to Buddy.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Information about services and products on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, jewellery and artwork) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Account ID, User ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Buddy immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Buddy or any other user of or visitor to the Site due to someone else using your Account ID, User ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’ Account ID, User ID, password or account at any time without the express permission and consent of the holder of that Account ID, User ID, password or account. Buddy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Buddy’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Buddy’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Buddy Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Buddy’s control, and Buddy is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
otherwise in relation to these Terms or the entering into or performance of these Terms.

Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

fraud;
death or personal injury caused by our Breach of Duty;
any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
any other Liability which cannot be excluded or limited by applicable law.

In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill. However, subject to this cluase:

To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
It is your responsibility to ensure that the services and products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the services and products will meet your individual requirements.
All services and products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.
We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of products or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Limitation of Liability

Except where prohibited by law, in no event will Buddy be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Buddy has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Buddy is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Buddy’s liability shall in no event exceed the greater of (1) the total of any products or services purchased by you on the Site and paid for by you in the six months prior to the date of the initial claim made against Buddy, or (2) A$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Buddy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Buddy by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Buddy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Buddy’s rights or property, or the rights or property of visitors to or users of the Site, including Buddy’s customers. Buddy reserves the right at all times to disclose any information that Buddy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Buddy also may disclose your information when Buddy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Buddy may preserve any transmittal or communication by you with Buddy through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Buddy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Buddy, its employees, users of or visitors to the Site, and the public.

You agree that Buddy may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Buddy, for which monetary damages would be inadequate, and you consent to Buddy obtaining any injunctive or equitable relief that Buddy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Buddy may have at law or in equity.

You agree that Buddy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Buddy does take any legal action against you as a result of your violation of these Terms of Use, Buddy will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Buddy. You agree that Buddy will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia and by the laws of the State of New South Wales without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sydney, New South Wales, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Buddy and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Buddy administers and operates the Buddy commerce Site from its location in Australia; other Buddy sites may be administered and operated from various locations outside Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia. Buddy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Buddy with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Buddy with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Buddy, Buddy will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Buddy’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Buddy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Buddy and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The Site provides access to Buddy international data and, therefore, may contain references or cross references to Buddy products, programs and services that are not announced in your country. Such reference does not imply that Buddy in your country intends to announce such products, programs or services.

The information contained in this web site is subject to change without notice.