Australia Premium Service Terms & Conditions:
These are the Terms and Conditions that apply to the delivery
and use of the 199Buddy (19928339) premium service. By using the
Service, the client is acknowledging and also agreeing with 199Buddy
(19928339) that the client will be bound by and comply with these
Terms and Conditions.
Please read them carefully.
In these Terms and Conditions, the word 199Buddy (19928339) refers
to “199Buddy Pty Ltd.” a company incorporated in Australia.
The Words “client”, “them” and “they”
are references to any person who sends a text into the Premium
Service.
A. WHAT 199BUDDY DOES (19928339), AND HOW THE CLIENT
USES THE PREMIUM SERVICE
A.1 199Buddy will always endeavour to get a
correct answer back to the client quickly. In some exceptional
circumstances 199Buddy (19928339) may take a couple hours to send
a reply answer. This may happen due to an unexpected influx of
questions or a delay with the phone carrier which is beyond 199Buddy’s
(19928339) control.
A.2 199Buddy (19928339) is not a fool proof
service and like the rest of us occasionally makes errors in answers.
For example, sometimes 199Buddy (19928339) may research an answer
and be supplied with the wrong information. Spelling and grammatical
errors may also occur, especially during periods of an influx
of questions.199Buddy (19928339) assumes the following when answering
a question:
(i) The client will only use the Answers for
entertainment purposes; and
(ii) Upon receiving an answer, the client will
not rely upon 199Buddy (19928339) in making decisions or taking
actions that could cost them or any other person their life, health,
wealth, or happiness.
A.3 In using the 199Buddy (19928339) service,
the client agrees not to abuse it. All clients therefore accept
the following:
(i) The client will not use 199Buddy (19928339)
in breach of any laws or regulations;
(ii) The client will not use 199Buddy (19928339)
for any purpose that would result in, or otherwise be related
to, a breach of law or regulation;
A.4 The client is responsible for the pending
result of displaying or transmitting an answer to any other person/s.
199Buddy (19928339) reserves the right to suspend the Service
and/or refuse to answer any question if, in the opinion of 199Buddy
(19928339), there has been a breach of these Terms and Conditions.
B. PRIVACY AND INTELLECTUAL PROPERTY – 199Buddy
(19928339) and the clients personal and privacy rights.
B.1 199Buddy (19928339) respects the privacy
of its customers and will never sell or disclose mobile phone
numbers, email addresses or other personal information sent to
us with third parties unless we are required to disclose them
by applicable law or by a regulatory body.
B.2 199Buddy (19928339) reserves the right to
store all mobile numbers received. 199Buddy (19928339) may then
use these numbers to do send-outs; promoting the 199Buddy (19928339)
service or any changes to the service. 199BUDDY will bare all
costs of the message sendout. THE CLIENT WILL NEVER BE
CHARGED FOR ANY MESSAGES SENT TO THEIR MOBILE FROM 199BUDDY.
B.3 199Buddy (19928339) owns all intellectual
property rights that subsist in or arise in the operation of the
Service. For example, these include rights in the technology used
to compile and coordinate answers, copyright in the answers themselves,
database rights in the list of questions and answers that buddy
maintains.
B.4 When the client submits a question to 199Buddy
(19928339) and gets an answer back, they then have the permission
of 199Buddy (19928339) to take that answer and display or otherwise
transmit it to a reasonable number of their friends, family, and
acquaintances. However, the client may not supply that answer
as part of a commercial relationship to 199Buddy (19928339) or
include it within a commercial publication. The client is not
allowed to do anything with the answer beyond that.
B.5 When the client submits a question, they
give 199Buddy (19928339) permission to do anything with the question;
subject only to compliance with applicable privacy rules. This
permission is a royalty-free licence. It includes without limitation
the right for 199Buddy (19928339) and anyone else we authorise;
to publish, display, transmit, translate, or create derivations
from the question, anywhere in the world, for any purpose, and
embodied in any media whatsoever.
C. PAYMENTS
C.1 In using 199Buddy (19928339), the client
agree to pay the fees of $3 per standard 160 character text SMS.
The client also agrees that they have the means and authority
to pay for the service.
D. TERMINATION OR SUSPENSION
D.1 199Buddy (19928339) can stop supplying the
Service at any time without notice, and reserves the right to
refuse to supply the Service to any person.
E. If the client needs to contact 199Buddy (19928339)
E.1 If you have any feedback on the content
provided to you, please write to us and let us know at the following
address: 199Buddy, P.O Box 9416, South Yarra 3141
F. 199BUDDY Pty Ltd's LIABILITY
F.1 199Buddy (19928339) has described above
what the client should expect from the premium Service. The descriptions
above are the only promises 199Buddy (19928339) makes about the
Service.
F.2 199Buddy (19928339) hereby excludes and
disclaims ALL other terms and conditions that would otherwise
be implied by operation of applicable law including without limitation
terms concerning satisfactory quality, merchantability, and fitness
for purposes.
F.3 199Buddy (19928339) Liability arising from
or otherwise related to the service (whether arising as a result
of breach of contract or tort or breach of statutory duty or any
other legal or equitable basis) shall be limited to the fee that
You pay for the service.
F.4 No exclusion or limitation in these Terms
and Conditions limits 199Buddy (19928339) liability as a result
of:
(i) Death or personal injury caused by 199Buddy
(19928339) negligence;
(ii) Fraudulent misrepresentation.
Your statutory rights under the applicable law will not
be affected.
G. Amendment, assignment, and governing law
G.1 199Buddy (19928339) reserves the right
to amend these Terms and Conditions at any time. 199Buddy (19928339)
may notify the client of the amendment by changing this document
on the web site. Please check back regularly.
G.2 199Buddy (19928339) can assign the various
rights of 199Buddy (19928339) under this agreement to any other
person without asking the client’s permission.
G.3 These Terms and Conditions are governed
by and shall be interpreted in accordance with the law of Australia.
You agree and consent to the jurisdiction of the Australian civil
courts to resolve any dispute that arises as a result of or in
connection with this agreement.
H. OUR WEBSITE AND OTHER WEBSITES
H.1 The client acknowledges that:
(i) 199Buddy does not warrant the accuracy
or appropriateness of the contents on this website;
(ii) 199Buddy does not warrant the accuracy
or appropriateness of the contents on linked websites.