Table of Contents

1. Overview
2. Definitions
3. Accounts
4. Buyers Terms and Conditions
5. Sellers Terms and Conditions
6. Sellers: Additional Requirements
7. Community Organisations and Companies: Additional Requirements
8. General Conditions
9. Payment Gateways
10. Receipt of Payments by Buddying Up
11. Prohibited Activities
12. Drop Shipping
13. Buddying Up Rights
14. Confidentiality
15. Limitation of Liability
16. Waiver, Severability and Complete Agreement
17. Intellectual Property and Customer Content
18. Shipping
19. Buddying Up System Email
20. Online Store Theme and Apperance
21. Payment of Service Charges, Subscription and Other Fees
22. Cancellation and Termination
23. Adjustment of Service and Prices
24. Third Party Services
25. Beta Services
26. User Ideas and Review
27. >Copyright Infringement
28. Privacy & Protection
29. Feedback and Ratings
30. Policies

1. Overview

   Last updated: 1 June 2024

   Buddying UP reserves the right to amend and update the Terms and Conditions on the Buddying UP Platform at any given time. See www.buddyingup.com.au/terms-and-conditions

   Users are encouraged to read carefully these Terms and Conditions before using the Buddying UP Platform. If you are unsure of any of the Terms and Conditions, please feel free to contact us at admin@buddyingup.com.au

   Buddying UP retain the right to bring proceedings against a User for breach of these Terms and Conditions, in your country or residence or any other appropriate country of jurisdiction.

   By using the Buddying UP Platform or signing up for an Account, each User is legally bound by these Terms and Conditions.

2. Definitions

   'Account' means an account established on the Buddying UP Platform.

   'Advertising Fee' means a fee charged by Buddying UP for the provision of advertising services.

   'AUD' means Australian Dollar.

   'Authorised Person' means a person within a Community Organisation who is duly authorised to act on its behalf and to take responsibility on its behalf for compliance with these Terms and Conditions and where the context so requires, a reference to a User in these Terms and Conditions includes a reference to a Community Organisation and/or its Authorised Representative.

   'Buddying UP' means Buddying UP (Australia) Pty Ltd (ACN) and any subsidiaries, affiliates, employees, officers, agents or assigns.

   'Buddying UP Platform' means the platform offered by Buddying UP to Users.

   'Buyer' means a purchaser of Products and/or Services.

   'Community Organisation' means a community organisation including a registered and/or licensed organisation, a not-for-profit, an incorporated club or association, an educational institution, a religious institution, a charity, a group or association with a common goal or purpose and includes a private or public company.

   'Fees' means fees payable to Buddying UP including but not limited to all Platform Fees, Platform Charges, Subscription Services, Sponsorship and Advertising Fees and Other Charges.

   'Online Store' means a virtual store to buy and sell Products and Services created on the Buddying UP Platform.

   'Other Charges' means any costs or charges incurred by Buddying UP in connection with a breach of these Terms and Conditions or in connection with a cancellation or suspension of a User Account and includes any amounts withheld from a Seller under the Protection For Buyers Policy.

   'Platform Charges' means any fees or charges imposed by a third party in connection with a transaction or order and includes charges imposed by payment gateway providers and any government or regulatory body (including the Goods and Services Tax).

   'Platform Fee' means a percentage fee charged by Buddying UP for use of the Buddying UP Platform by a Seller to sell Products or Services.

   'Policies' means the policies of Buddying Up referred to in clause 31.

   'Products' means goods, materials etc offered for sale.

   'Seller' – means a seller of Products and/or Services.

   'Services' means services offered for sale.

   'Sponsorship Fees' means a fee charged by Buddying UP in connection with providing Users or Store Owners a facility on the Buddying UP Platform to display their sponsors or supporters.

   'Subscription Services' means augmented features, services or benefits provided by Buddying UP to a User on the Buddying UP Platform in addition to the standard features.

   'Store Owner' means a person who is authorised to be the operator of a store on the Buddying UP Platform.

   'User' – means any person or Community Organisation or Seller or Buyer who accesses or uses the Buddying UP Platform.

   As used in these Terms and Conditions, “we”, “us” and 'our' means Buddying UP.

3. Accounts

   1. Buddying UP offers the following User Accounts on the Buddying UP Platform:

      • Buyer
      • Seller
      • Community Organisation Recipient

   2. In order for a User to open an Account on the Buddying UP Platform the User will need to provide:

      1. The User's full legal name;
      2. An active email address;
      3. where requested, a photo ID or other proof of identity, and to make use of the Account the following further information;
      4. A physical address;
      5. A mobile phone number;
      6. A bank account into which any monies due from sales are to be received;
      7. An active credit card against which any Fees may be charged;
      8. The name of a Community Organisation the User wishes to support and who shall be invited to become a Community Organisation Recipient.

   3. It is the responsibility of the User to submit accurate information on the Buddying UP Platform. This information is private and will only be used in accordance with the Privacy Policy. www.buddyingup.com.au/privacy-policy

   4. A User or Authorised Person must be of legal age (18 years or older).

   5. Upon registration or updating of an email address in connection with an Account, a User gives permission to Buddying UP to use the email address as the primary method of communication between Buddying UP and the User.

   6. The User is solely responsible for the privacy of their password on their Account. Buddying UP will not be liable for any loss or damages incurred as a result of the User failing to secure their Account and password.

   7. Users seeking access to the Buddying UP Platform authorise Buddying UP to access public third party databases to verify the identity of the User.

   8. Each User is responsible for their own Account and any materials that are uploaded onto the Buddying UP Platform. Violating these Terms and Conditions may result in cancelling a User’s Account or ability to access the Buddying UP Platform.

   9. Upon using a domain name through the Buddying UP Platform (Eg: www.buddyingup.com.au/BayswaterFC), the domain registration will be present as long as the Account remains active. Each User acknowledges that it is his, her or its sole responsibility to deactivate the auto-renewal function should he, she or it choose to do so.

   10. Buddying UP retains the right to determine the rightful Account ownership and transfer an Account to the rightful User. If we are unable to reasonably determine the rightful User, without prejudice to our other rights and remedies, Buddying UP reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

   11. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned certified copy of your business or company registration, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

4. Buyers Terms and Conditions

   1. Buddying UP may collect and receive all amounts due and payable by a Buyer in connection with an order or purchase on the Buddying UP Platform at the time of order.
   2. Subject to these Terms and Conditions, Buddying UP may disburse all such amounts received to pay the Seller and to pay all Fees and charges.
   3. Once a Buyer places an order on the Buddying UP Platform, then, subject to the Protection for Buyers Policy, the Buyer is legally liable to pay for the order.

5. Sellers Terms and Conditions

   1. Buddying UP may collect and receive all amounts due to the Seller from a Buyer for all Products and Services ordered or purchased on the Buddying UP Platform.
   2. Buddying UP may deduct from all such amounts received:
      1. a Platform Fee being an agreed percentage (%) of all amounts received from a Buyer in connection with each sale of any Product or Service by the Seller on the Buddying UP Platform;
      2. any Platform Charges;
      3. the cost of any Subscription Services, Advertising Fees or Sponsorship Fees;
      4. any Other Charges.
   3. Seven (7) days following the end of the month in which the Seller opens a User's Account and monthly thereafter, Buddying UP shall prepare a statement (which will be available to view by the Seller on the Buddying UP Platform) setting out:
      1. all amounts received by Buddying UP in relation to all Products and/or Services delivered by the Seller during the preceding month;
      2. all applicable Platform Fees, Platform Charges, Subscription Service costs Advertising Fees, Sponsorship Fees or Other Charges, in order to arrive at an amount due to the Seller for that month's delivered sales (“the Seller's Monthly Payment”).
   4. Buddying UP shall cause the Seller's Monthly Payment to be paid into the bank account nominated by the Seller for that purpose by no later than the end of the month in which the statement is prepared.
   5. Buddying UP may pay out of the Platform Fee it receives a percentage of that fee to the Seller's nominated Community Organisation.
   6. Buddying UP shall issue an invoice to the Seller for Buddying UP Fees incurred during any month at the same time as the monthly statement and the Seller authorises Buddying UP to either deduct from monies in the Seller's User Account the amount of those Fees, or, in the event the Seller's User Account has insufficient monies, to charge the unpaid balance of the invoice against the credit card provided by the User.

6. Sellers: Additional Requirements

   1. Each Seller will have established their own Online Store on the Buddying UP Platform.
   2. Sellers will be able to provide various levels of access to their staff in order to administer their Online Store at their discretion. A photo ID verification process will be required to establish the authenticity of staff Users.
   3. An Online Store can only be associated with one User.
   4. A Seller is solely responsible for all activity and content on their own Online Store. This includes all content, photos, images, videos, graphics, information, data etc. that is displayed or which is accessible and includes other seller's Services and/or Products that may be sold by the Seller.
   5. Sellers must not violate trademarking, copyrighting and cannot onsell Products/Services that they do not have an authority or license to sell.

7. Community Organisations and Companies: Additional Requirements

   1. In order to assist Community Organisations, Buddying UP will:
      1. pay a percentage of our Platform Fee to a Community Organisation (if) nominated by a Seller; and
      2. offer the ability for a Buyer to add to the purchase price for a Product or Service an amount which Buddying UP will remit to a Community Organisation nominated by that Buyer.
   2. Where a Buyer or Seller nominates a Community Organisation, Buddying UP shall invite that Community Organisation to become a Community Organisation Recipient and will request the Community Organisation to provide:
      1. the information referred to at 3(b)(i)-(vi) above; and
      2. to nominate an Authorised Person and provide that person's full legal name and contact email address.
   3. A Community Organisation may open an Account either as a Buyer or Seller or Seller/Store Owner and in doing so shall provide all information set out at 3(b) above as well as nominating an Authorised Person and providing that person's full legal name and contact email terms.
   4. A Community Organisation may display on its Online Store or User Account the name and details of any Sponsor provided the Sponsor or the Community Organisation pays a Sponsorship Fee as determined by Buddying UP from time to time.
   5. Photo ID of the Authorised Person may be required.
   6. A Community Organisation and/or its Authorised Person is solely responsible for all activity and content on their Online Store. This includes all content, photos, images, videos, graphics, information, data etc. that is displayed in connection with their Account or online store.
   7. A Community Organisation will be able to provide various levels of access to their staff in order to administer their Online Store at their discretion.

8. General Conditions

   1. A User may not use the Buddying UP Platform for any illegal or unauthorised purpose nor violate any laws (including but not limited to copyright laws). All Users must comply with all applicable laws, rules and regulations.
   2. Continued use of the Budding UP Platform, after amended Terms and Conditions or Policies are posted to Buddying UP's Platform, constitutes the User's agreement to, and acceptance of, the amended Terms and Conditions and Policies as the case may be.
   3. All Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Buddying UP Platform or concept without the express written permission of Buddying UP.
   4. All Users agree not to purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Buddying UP or Buddying UP trademarks and/or variations and misspellings thereof.
   5. All Users agree that any information provided (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
   6. The Buddying UP Platform will allow Users to send certain communications to customers by direct messaging in relation to a transaction. Users will only use the direct messaging services in compliance with these Terms and Conditions and all relevant laws.
   7. The Terms and Conditions may be available in languages other than English. To the extent of any inconsistencies or conflicts between Terms and Conditions, the most current English version of the Terms and Conditions will prevail. Any disputes arising out of these Terms and Conditions will be resolved in English unless otherwise determined by Buddying UP (acting in its sole discretion) or as required by applicable law.
   8. Buddying UP shall be permitted to sell or assign the Buddying UP Platform, its list of Users and Accounts without notice.
   9. If any clause in these Terms and Conditions is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms and conditions, and the Terms and Conditions will be construed as if such invalid, illegal or unenforceable clause, had never been contained within the Terms and Conditions.
   10. All Users agree to indemnify Buddying UP, and its officers, employees agents and representatives, for any loss, damage, claim, liability or demand (howsoever arising, and whether at law, in equity, under statute or otherwise) arising out of any conduct by the User or any conduct in breach of these Terms and Conditions.

9. Payment Gateways

   1. Buddying UP does not collect money directly from any Buyer when any purchases are made on the Buddying UP platform. All purchases made on the Buddying UP platform will utilise a form of payment gateway i.e. through a debit or credit card, paypal, apply pay, google pay, afterpay or zippay.
   2. Payments will be subject to the terms and conditions and/or policies imposed by the provider of the payment gateway used and Buddying UP accepts no responsibility if payments are not made as a consequence of issues arising out of the use of such gateways.

10. Receipt of Payments by Buddying Up

    1. Payments due to a Seller from a Buyer may be received by Buddying UP. The Seller specifically authorises Buddying UP to receive such payments and disburse same to the Seller in accordance with these Terms and Conditions and Policies.
    2. Buddying UP, to facilitate the receipt and payment of monies, may create a digital wallet for each User and/or its own payment gateway.
    3. Where an order is cancelled by a Seller either at the instigation of the Seller or by the Buyer in circumstances justifying a refund to the Buyer, Buddying UP may refund the Buyer any purchase price received by Buddying UP in connection with the order.
    4. Buddying UP is hereby authorised to hold any purchase price it receives in connection with any order made on the Buddying UP Platform until any unresolved problem or issue with the order is resolved.

11. Prohibited Activities

    The following activities are prohibited:

    1. Illegal activities: illegal selling of products or services, or post or upload materials, that are outside the laws of the Australian Consumer Law jurisdictions in which you operate or do business.
    2. Child exploitation: Users may not offer products or services, or post or upload material that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
    3. COVID-19: You may only offer goods or services in relation to COVID-19 that comply with the Australian Consumer Law https://www.accc.gov.au/business/covid-19-coronavirus-information-for-business
    4. Harassment, bullying, defamation and threats: Users may not offer products or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual or group.
    5. Hateful content: You may not use the Buddying UP Platform to promote or condone hate or violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. Users may not use the Buddying UP Platform to promote or support organisations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
    6. Intellectual property: You may not offer products or services, or post or upload materials, that infringe on the copyright or trademarks of others.
    7. Personal, confidential, and protected health information: Users may not post or upload any materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless a User has consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
    8. Restricted Items: You may not offer products or services that are deemed dangerous such as firearms, explosives etc.
    9. Self-harm: Users may not offer products or services, or post or upload materials, that promote self-harm or self-mutilation.
    10. Spam: Users may not use the Buddying UP Platform to transmit unsolicited commercial electronic messages.
    11. Terrorist organisations: Users may not offer Products or Services, or post or upload materials, that imply or promote support or funding of, or membership in, a terrorist organisation.
    12. Deceptive or fraudulent conduct including repeated abuse of Policy rules and requirements.

12. Dropshipping

    Dropshipping, or allowing a third-party to fulfill orders to Buyers on a Seller's behalf, is not acceptable unless it is clear to the Buyer who the Seller of record is. The following examples of dropshipping are policy violations that may result in a restriction of a Seller's ability to sell on the Buddying UP Platform and are strictly prohibited.

    • Purchasing products from another online retailer and having that retailer ship directly to a Buyer, if the shipment does not identify you as the Seller of record or if anyone other than you (including the other online retailer) appears on packing slips, invoices, or external packaging; or
    • Shipping orders with packing slips, invoices, external packaging, or other information indicating a seller name or contact information other than your own.

    Any time a Buyer sees packaging, invoices, or receipts identifying a seller that is not either you or Buddying UP it creates confusion for the customer about how their order is being fulfilled and whom they should contact with any problems or questions.

    If you intend to fulfill orders using a drop shipper, you must always:

    • Have an agreement with your supplier that they will identify you (and no one else) as the Seller on all packing slips, invoices, external packaging, and other information included or provided in connection with the Products;
    • Remove any packing slips, invoices, external packaging, or other information identifying a third-party dropshipper prior to shipping the order;
    • Be responsible for accepting and processing customer returns of your Products;

13. Buddying Up Rights

    1. Buddying UP reserves the right to modify or terminate the Buddying UP Platform for any reason, without notice at any time. Not all features may be available in every jurisdiction and we are under no obligation to make any features available in any jurisdiction.
    2. We reserve the right to refuse service to anyone for any reason at any time.
    3. Verbal or written abuse of any kind (including threats of abuse or retribution) to any Buddying UP User, Buddying UP employee, member, or officer will result in immediate Account termination.
    4. We reserve the right to provide services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Buddying UP employees and contractors may also be Buddying UP customers/sellers and that they may compete with you.

14. Confidentiality

    1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Buddying UP's Confidential Information includes all information that you receive relating to us that is not known to the general public including information related to our security program and practices.
    2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms and Conditions and in accordance with any other obligations in these Terms and Conditions. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms and Conditions; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms and Conditions.
       
       Users and Buddying UP agree to use the confidential Information of the other only to perform the obligations in these Terms and Conditions. Confidential Information must be protected and respected.

15. Limitation of Liability

    1. Users expressly understand and agree that, to the extent permitted by applicable laws, Buddying UP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Buddying UP Service.
    2. To the extent permitted by applicable laws, in no event shall Buddying UP or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Buddying UP Platform or these Terms and Conditions (however arising including negligence). Users agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Buddying UP partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or Policies, or your violation of any law or the rights of a third party.
    3. Users use of the Buddying UP Platform is at your sole risk provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
    4. Buddying UP does not warrant that its services or the Buddying UP Platform will be uninterrupted, timely, secure, or error-free.
    5. Buddying UP does not warrant that the results that may be obtained from the use of the Buddying UP Platform will be accurate or reliable.
    6. Buddying UP does not warrant that the quality of any Products, Services, information, or other materials purchased or obtained will meet your expectations, or that any errors will be corrected.

16. Waiver, Severability and Complete Agreement

    1. The failure of Buddying UP to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms and Conditions shall remain in full force and effect.
    2. The Terms and Conditions, including the documents it incorporates by reference, constitute the entire agreement between you and Buddying UP and govern your use of the Buddying Up Platform and your Account, superseding any prior agreements between you and Buddying UP (including, but not limited to, any prior versions of the Terms and Conditions).

17. Intellectual Property and Customer Content

    1. Buddying UP does not claim any intellectual property rights over the content you provide to the Buddying UP website. All content you upload remains yours. You can remove your Buddying UP Online Store at any time by deleting your Account.
    2. By uploading content, Users agree: (a) to allow other internet users to view the content you post publicly to your online Store; (b) to allow Buddying UP to store, and in the case of content you post publicly, display and use your content and that Buddying UP can, at any time, review and delete all the content submitted by you.
    3. Buddying UP shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with a User's Store to promote the Buddying UP Platform.

18. Shipping

    1. Users may generate shipping labels by logging in to the User's Account.
    2. Shipping of Products purchased on the Buddying UP Platform will only be available within the set radius given by Buddying UP (See Buddying UP Shipping Locations). The radius of shipping is subject to Buddying UP's discretion and can be altered at any stage without notification. Please refer to the Shipping Policy link (www.buddyingup/shipping-policy).

19. Buddying Up System Email

    Buddying UP's email system can only be used for transaction and notifications on the Buddying UP Platform.

20. Online Store Theme and Appearance

    1. The appearance of all Online Stores can be created from a design template available from the Buddying UP Platform. The template is created at the discretion of Buddying UP with the colours and design that best represents Buddying UP and all the online stores. User logos may be embedded in each of the Online Stores. Users must upload the best quality image that best represents their business and at a standard that is deemed usable on the Buddying UP Platform.
    2. Users are not allowed to modify the theme or design of their Online Store without the prior written permission of Buddying UP.
    3. Buddying UP may modify the theme to reflect technical changes and updates as required.
    4. The intellectual property rights of the theme remain the property of the designer. If you exceed the rights granted by your theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Buddying UP may take administrative action such as modifying a User's store.
    5. Technical support for a theme is the responsibility of the designer, and Buddying UP accepts no responsibility to provide such support.

21. Payment of Service Charges, Subscription and Other Fees

    1. Users will pay allFees applicable to their User's Account
    2. Users must provide a valid payment method (like a credit card) to pay for all Fees. Buddying UP may charge applicable Fees to that credit card or other payment method in the event there is insufficient money in the User's account from, for instance, the delivery and sale of Products and/or Services. Unless otherwise indicated, all Fees and other charges are in AUD, and all payments shall be in AUD.
    3. If payment of Fees is not able to be processed, a User's Account may be suspended. An Account may be reactivated upon User's payment of any outstanding Fees. Users may not be able to access their Account or the Buddying UP Platform during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Buddying UP reserves the right to terminate an Account.
    4. All Fees are (at the discretion of Buddying UP) exclusive of applicable federal, state, local or other governmental sales, goods and services (including Goods and Sales Tax), or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
    5. Users are responsible for all applicable taxes that arise from or as a result of their subscription to or purchase of Products and Services. To the extent that Buddying UP charges these taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to a User's Authorised Payment Method. If Users are exempt from payment of such Taxes, evidence of that exemption must be provided, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date Buddying UP receive evidence satisfactory of the claimed exemption. If Users are not charged Taxes by Buddying UP, Users are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities.
    6. For the avoidance of doubt, all sums payable by Users to Buddying UP under these Terms and Conditions shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Buddying UP and remitted to the appropriate tax authorities, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Buddying UP shall be entitled to charge the full amount of Fees stipulated under these Terms and Conditions to the Authorised Payment Method ignoring any such deduction or withholding that may be required.

22. Cancellation and Termination

    1. Without limiting any other remedies, Buddying UP may suspend or terminate an Account for a breach of these Terms and Conditions. Each user specifically agrees that the decision of Buddying UP to suspend or terminate an Account is at the sole discretion of Buddying UP and is not subject to any legal appeal or legal challenge.
    2. Users may cancel their Account at any time by logging in to their account, profile section or emailing Buddying UP support at admin@buddyingup.com.au and then following the specific instructions indicated in Buddying UP's response. Cancellation of an account is not allowed if there are any pending transactions, disputes or issue with the Account.
    3. Upon termination by either party for any reason:
       1. Buddying UP will cease providing Users with any access or service and Users will no longer be able to access their Account;
       2. unless otherwise provided in the Terms and Conditions, Users will not be entitled to any refunds of any Fees, pro rata or otherwise;
       3. any outstanding balance owed to Buddying UP for use of the Buddying UP Platform prior to termination will immediately become due and payable in full; and
       4. all references to the User shall be taken offline.
    4. If at the date of termination of an Account, there are any outstanding Fees owing, the User will receive one final invoice via email. Once that invoice has been paid in full, the User will not be charged again.

23. TITLE

    ADJUSTMENT OF SERVICE AND PRICES

    1. Prices for using the Buddying UP Platform and any other service are subject to change upon 14 days' notice from Buddying UP. Such notice may be provided at any time by posting the changes on the Buddying UP Platform or on the User's Account.
    2. Buddying UP reserves the right at any time, and from time to time, to modify or discontinue, any available service on the Buddying UP Platform with or without notice (unless otherwise required by applicable law).
    3. Buddying UP shall not be liable to Users or to any third party for any modification, price change, suspension or discontinuance of the Buddying UP Platform.

24. Third Party Services

    Buddying UP may from time to time recommend, provide Users with access to, or enable third party software, products, services or website links (collectively, “Third Party Services”) for Users consideration or use. Such Third Party Services are made available only as a convenience, and Users purchase, access or use of any such Third Party Services is solely between the User and the applicable third party services provider (“Third Party Provider”). In addition to these Terms and Conditions, Users also agree to be bound by the additional service-specific terms applicable to services purchased from, or that are provided by, Third Party Providers.

    1. Any use by Users of Third Party Services offered through the Buddying UP's Platform is entirely at the User's own risk and discretion, and it is the User's responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Buddying UP may receive a revenue share from Third Party Providers that Buddying UP recommends and all Users specifically acknowledge having been advised of that matter.
    2. Buddying UP does not provide any warranties or make representations to Users with respect to Third Party Services. Users acknowledge that Buddying UP has no control over Third Party Services and shall not be responsible or liable to Users or anyone else for such Third Party Services. The availability of Third Party Services on Buddying UP's Platform, or the integration or enabling of such Third Party Services does not constitute or imply an endorsement, authorisation, sponsorship, or affiliation by or with Buddying UP. Buddying UP does not guarantee the availability of Third Party Services and Users acknowledge that Buddying UP may disable access to any Third Party Services at any time in its sole discretion and without notice. Buddying UP is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Buddying UP strongly recommends that Users seek specialist advice before using or relying on Third Party Services, to ensure they will meet User needs.
    3. If Users install or enable a Third Party Service for use with the Buddying UP Platform, you grant Buddying UP permission to allow the applicable Third Party Provider to access User's data and other available information and to take any other actions as required for the interoperation of the Third Party Service with the Buddying UP Platform, and any exchange of data or other information or other interaction between Users and the Third Party Provider is solely between Users and such Third Party Provider. Buddying UP is not responsible for any disclosure, modification or deletion of User's data, or for any corresponding losses or damages Users may suffer, as a result of access by a Third Party Service or a Third Party Provider to User's data or other information.
    4. The relationship between Users and any Third Party Provider is strictly between Users and such Third Party Provider, and Buddying UP is not obligated to intervene in any dispute arising between Users and a Third Party Provider.
    5. Under no circumstances shall Buddying UP be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or User's contractual relationship with any Third Party Provider. These limitations shall apply even if Buddying UP has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
    6. Users agree to indemnify and hold Buddying UP and (as applicable) its parent, subsidiaries, affiliates, Buddying UP partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, arising out of User's use of a Third Party Service or User's relationship with a Third Party Provider.

25. Beta Services

    From time to time, Buddying UP may, in its sole discretion, invite Users to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Buddying UP will provide to Users. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information and subject to the confidentiality provisions in these Terms and Conditions. Without limiting the generality of the foregoing, Users agree that they will not make any public statements or otherwise disclose their participation in the Beta Services without Buddying UP's prior written consent. Buddying UP makes no representations or warranties that the Beta Services will function. Buddying UP may discontinue the Beta Services at any time in its sole discretion. Buddying UP will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Buddying UP may change or not release a final or commercial version of a Beta Service in our sole discretion.

26. User Ideas and Review

    Buddying UP welcomes any ideas and/or suggestions regarding improvements or additions to the Buddying UP Platform. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Buddying UP Platform, Third Party Services or any Third Party Provider (collectively, “Feedback") to Buddying UP be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Buddying UP (whether submitted directly to Buddying UP or posted on any Buddying UP hosted forum or page), Users waive any and all rights in the Feedback and agree that Buddying UP is free to implement and use the Feedback if desired, as provided or as modified by Buddying UP, without obtaining permission or license from Users or from any third party. Any reviews of a Third Party Service or Third Party Provider that are submitted must be accurate and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Buddying UP reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

27. Copyright Infringement

    Buddying UP respects intellectual property rights. If we receive a copyright complaint, we may disable access or remove the allegedly infringing content.

28. Privacy & Data Protection

    Buddying UP is firmly committed to protecting the privacy of your personal information. By using the Buddying UP Platform, Users acknowledge and agree that Buddying UP’s collection, usage and disclosure of personal information is governed by the Privacy Policy. www.buddyingup.com.au/privacy-policy

29. Feedback and Ratings

    Users who obtain Products and/or Services using the Buddying UP website will be able to rate their experience. We may check feedback from Users who engaged with the BuddyingUp Platform, the content however, is completely the User's view. The summation of all feedback and ratings are User reviews and do not constitute any endorsement or recommendation by Buddying UP in connection with any person. Ratings are not a substitute for inquiries as to the suitability of any Seller that you are using.

    Buddying UP reserves the right to remove any feedback, rating reviews which we deem to be inappropriate and that does not follow our feedback guidelines. By submitting any feedback/ratings you acknowledge our guidelines and will act in an honest and fair manner as to not purposefully damage or undermine the reputation of a seller through the Buddyingup.com.au website.

    Feedback/Ratings is an important tool that assists users to make informed decisions about who they might engage with when considering the purchasing of products and/or services. This also allows Sellers to gauge the quality of service that they are providing and if there are areas that need improving.

    Be Honest

    When giving feedback/ratings, please stick to the facts that were first hand recollections. Second hand information (information from someone else) should not be included. Any fake online feedback is in breach of the Australia Consumer Law. Any feedback that Buddying UP determines to be misleading or fake may be removed at our discretion.

    Be Kind

    Buddying UP will not tolerate any form of abuse, bullying, discrimination or untoward behaviour when leaving feedback and ratings. This includes, profanities, racial or prejudicial comments, personal attacks, threats or insults. Please be aware that the use of using ALL CAPS when giving feedback implies you are 'SHOUTING'.

    If you have any serious concerns about an interaction that you had with a seller on the Buddying UP Platform, please email admin@buddyingup.com.au

    Illegal behaviour

    Buddying UP takes allegations of illegal behaviour very seriously. Any form of interaction between Users constituting illegal activities will be reported to the police and investigated. If you know of such matters please email us at admin@buddyingUP.com.au

30. Policies

    1. In addition to the above Terms and Conditions, Buddying UP has adopted and require all Users to comply with the following Policies:
       1. Policy 1 – Privacy
       2. Policy 2 – Protection For Buyers
       3. Policy 3 – Advertising
       4. Policy 4 – Shipping
       5. Policy 5 – Cookies
       6. Policy 6 – Transaction
       7. Policy 7 – Listing Conditions
       8. Policy 8 – Sponsorship
    2. Buddying UP may amend these Policies from time to time as it thinks fit.