Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the buddy Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: Sept 9, 2017
Thank you for using buddy!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and buddy (as defined below) governing your access to and use of the buddy website, including any subdomains thereof, and any other websites through which buddy makes the buddy Services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “buddy Services“). The Site, Application and buddy Services together are hereinafter collectively referred to as the “buddy Platform”.
When these Terms mention “buddy,” “we,” “us,” or “our,” it refers to the buddy company you are contracting with.
- If you reside in Australia, you are contracting with buddy & Co Australia Pty Ltd, 13 William Street, Queensland, 5466
Table of Contents
- Scope of buddy Services
- Eligibility, Using the buddy Platform.
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Partners
- Terms specific for Users
- Ratings and Reviews
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of buddy Services
1.1 The buddy Platform is an online marketplace that enables registered users (“Partners”) and certain third parties who offer services (Partners and third parties who offer services are “Partners” and the services they offer are “Partner Services”) to publish such Partner Services on the buddy Platform (“Listings”) and to communicate and transact directly with partners that are seeking to use such Partner Services (Members using Partner Services are “Users”).
1.2 As the provider of the buddy Platform, buddy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Partner Services. Partners alone are responsible for their Listings and Partner Services. When Users make or accept a booking, they are entering into a contract directly with each other. buddy is not and does not become a party to or other participant in any contractual relationship between Members, nor is buddy a real estate broker or insurer. buddy is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, buddy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Partner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. buddy does not endorse any User, Listing or Partner Services. Any references to a User being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by buddy about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book in an establishment, participate in an Experience or Event or use other buddy Services, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by buddy of any Partner or Listing.
1.4 If you choose to use the buddy Platform as a Partner or User, your relationship with buddy is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Official Partner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of buddy.
1.5 To promote the buddy Platform and to increase the exposure of Listings to potential Users, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. buddy cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The buddy Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The buddy Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. buddy is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by buddy of such Third-Party Services.
1.7 Due to the nature of the Internet, buddy cannot guarantee the continuous and uninterrupted availability and accessibility of the buddy Platform. buddy may restrict the availability of the buddy Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the buddy Platform. buddy may improve, enhance and modify the buddy Platform and introduce new buddy Services from time to time.
2. Eligibility, Using the buddy Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the buddy Platform or register an buddy Account. By accessing or using the buddy Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Partner Service(s) are located or take place in a country that is subject to Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country, and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.
2.3 buddy may make the access to and use of the buddy Platform, or certain areas or features of the buddy Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the buddy Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the buddy Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the buddy Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
buddy reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the buddy Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the buddy Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“buddy Account“) to access and use certain features of the buddy Platform, such as publishing or booking a Listing. If you are registering an buddy Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an buddy Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your buddy Account and your SNS Account at any time, by accessing the “Settings” section of the buddy Platform/app.
4.3 You must provide accurate, current and complete information during the registration process and keep your buddy Account and public buddy Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) buddy Account unless buddy authorizes you to do so. You may not assign or otherwise transfer your buddy Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your buddy Account credentials and may not disclose your credentials to any third party. You must immediately notify buddy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your buddy Account. You are liable for any and all activities conducted through your buddy Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 buddy may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the buddy Platform (“Partner Content“); and (ii) access and view Member Content and any content that buddy itself makes available on or through the buddy Platform, including proprietary buddy content and any content licensed or authorized for use by or through buddy from a third party (“buddy Content” and together with Member Content, “Collective Content“).
5.2 The buddy Platform, buddy Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws in Australia and other countries. You acknowledge and agree that the buddy Platform and buddy Content, including all associated intellectual property rights, are the exclusive property of buddy and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the buddy Platform, buddy Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of buddy used on or in connection with the buddy Platform and buddy Content are trademarks or registered trademarks of buddy in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the buddy Platform, buddy Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the buddy Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by buddy or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, buddy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the buddy Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the buddy Platform, you grant to buddy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the buddy Platform, in any media or platform. Unless you provide specific consent, buddy does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 buddy may offer Partners the option of having professional photographers take photographs of their Services, which are made available by the photographer to Parterns to include in their Listings with or without a watermark or tag bearing the words “buddy.world Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Partner Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the buddy Platform if they no longer accurately represent your Listing, if you stop your Partner Service featured, or if your buddy Account is terminated or suspended for any reason. You acknowledge and agree that buddy shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where buddy is not the exclusive owner of Verified Images, by using such Verified Images on or through the buddy Platform, you grant to buddy an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. buddy in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the buddy Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the buddy Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the buddy Platform or you have all rights, licenses, consents and releases that are necessary to grant to buddy the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or buddy’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates buddy’s Content Policy or any other buddy policy. buddy may, without prior notice, remove or disable access to any Member Content that buddy finds to be in violation of these Terms or buddy’s then-current Policies or Standards, or otherwise may be harmful or objectionable to buddy, its Members, third parties, or property.
5.9 buddy respects copyright law and expects its Members to do the same. If you believe that any content on the buddy Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees for Partners
6.1 buddy may charge fees to Partners (“Partner Fees“) and/or User (“User Fees“) (collectively, “Service Fees“) in consideration for the use of the buddy Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Partner or User prior to publishing, calling,following, claiming or booking a Listing. buddy reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to buddy. The applicable Service Fees are due and payable and collected by buddy Payments pursuant to the Payments Terms. Except as otherwise provided on the buddy Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings/partners
7.1.1 When creating a Listing through the buddy Platform you must (i) provide complete and accurate information about your Partner Service (such as listing description, location, and booking availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by buddy. You are responsible for keeping your Listing information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Menu’s. Once a User requests a booking of your Listing, you must respond to the User urgency.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Partner Services. buddy reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the buddy Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Partner categories requirements, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Partner Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User are required to provide your Partner Service(s) to the User as described in your Listing when the booking request is made. You also agree to pay the applicable Partner and any applicable Taxes, which will be collected pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after viewing/booking a listing, Users and Partners can leave a public review (“Review”) and submit a star rating (“Rating”) about the Listing. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of buddy. Ratings and Reviews are not verified by buddy for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with buddy’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11.1 As a Partner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable GST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
11.2 Tax regulations may require us to collect appropriate Tax information from Partners, or to withhold Taxes from payouts to Partners, or both. If a Partner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
11.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your business is located may require Taxes to be collected from Users or Partners on Listing Fees, and to be remitted to the respective Tax Authority.
Action relating to buddy’s facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by buddy in connection with facilitation of Collection and Remittance, if any. Partners agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Partner Taxes collected is a refund of Taxes collected by buddy from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
11.6 buddy reserves the right, with prior notice to Partners, to cease the Collection and Remittance in any jurisdiction for any reason at which point Partners are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to business in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the buddy Platform. In connection with your use of the buddy Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the buddy Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies buddy endorsement, partnership or otherwise misleads others as to your affiliation with buddy;
- use the buddy Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Partner, any business that you do not yourself own or have permission to make available as a service or other property through the buddy Platform;
- unless buddy explicitly permits otherwise, book any Listing if you will not actually be using the Partner Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the buddy Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the buddy Platform to request, make or accept a booking independent of the buddy Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the buddy Platform or buddy Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold buddy harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the buddy Platform or Collective Content, or any individual element within the buddy Platform, buddy’s name, any buddy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the buddy Platform, without buddy’s express written consent;
- dilute, tarnish or otherwise harm the buddy brand in any way, including through unauthorized use of Collective Content, registering and/or using buddy or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to buddy domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the buddy Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by buddy or any of buddy’s providers or any other third party to protect the buddy Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the buddy Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the buddy Platform;
- export, re-export, import, or transfer the Application except as authorized by Australian law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that buddy has no obligation to monitor the access to or use of the buddy Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the buddy Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist buddy in good faith, and to provide buddy with such information and take such actions as may be reasonably requested by buddy with respect to any investigation undertaken by buddy or a representative of buddy regarding the use or abuse of the buddy Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to buddy by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or buddy terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the buddy Platform or by sending us an email. If you cancel your buddy Account as a Partner, any confirmed booking(s) will be automatically cancelled and your Followers will receive an exclusive notification of your deletion. If you cancel your buddy Account as a User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, buddy may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 buddy may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) buddy believes in good faith that such action is reasonably necessary to protect the personal safety or property of buddy, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
15.5 In addition, buddy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the buddy Account registration, Listing process or thereafter, (iv) you and/or your Listings or Partner Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or buddy otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) buddy believes in good faith that such action is reasonably necessary to protect the personal safety or property of buddy, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the buddy Platform;
- temporarily or permanently revoke any special status associated with your buddy Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your buddy Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by buddy and an opportunity to resolve the issue to buddy’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your buddy Account or any of your Member Content. If your access to or use of the buddy Platform has been limited or your buddy Account has been suspended or this Agreement has been terminated by us, you may not register a new buddy Account or access and use the buddy Platform through an buddy Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the buddy Platform or Collective Content, you do so voluntarily and at your sole risk. The buddy Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the buddy Services, laws, rules, or regulations that may be applicable to your Listings and/or Partner Services you are receiving and that you are not relying upon any statement of law or fact made by buddy relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events or other Partner Services may carry inherent risk, and by participating in those Partner Services, you choose to assume those risks voluntarily. For example, some Partner Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Partner Services. You assume full responsibility for the choices you make before, during and after your participation in a Partner Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Partner Service and to the maximum extent permitted by law, you agree to release and hold harmless buddy from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Partner Service or in any way related to your Partner Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the buddy Platform and Collective Content, your publishing or booking of any Listing via the buddy Platform, participation in any Experience or Event or use of any other Partner Service or any other interaction you have with other Members whether in person or online remains with you. Neither buddy nor any other party involved in creating, producing, or delivering the buddy Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the buddy Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the buddy Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Partner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not buddy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Partners pursuant to these Terms or an approved payment request under the buddy Guarantee, in no event will buddy’s aggregate liability arising out of or in connection with these Terms and your use of the buddy Platform including, but not limited to, from your publishing or booking of any Listings via the buddy Platform, or from the use of or inability to use the buddy Platform or Collective Content and in connection with, Experiences, Event or other Partner Service, or interactions with any other Members, exceed the amounts you have paid or owe for services via the buddy Platform as a User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Partner, the amounts paid by buddy to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AU dollars (AU$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between buddy and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of Australia, this does not affect buddy’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, buddy is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. buddy is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of buddy in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of buddy is excluded.
You agree to release, defend (at buddy’s option), indemnify, and hold buddy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the buddy Platform or any buddy Services, (iii) your interaction with any Member, time at a establishment, participation in an Experience, Event or other Partner Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) buddy’s Collection and Remittance of buddy Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in Australia; or (ii) do not reside in Australia, but bring any claim against buddy in Australia (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. buddy is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with buddy’s customer service team
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the buddy Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the buddy Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between buddy and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between buddy and you in relation to the access to and use of the buddy Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and buddy as a result of this Agreement or your use of the buddy Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 buddy’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without buddy’s prior written consent. buddy may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by buddy via email, buddy Platform notification, or messaging service (including SMS). For notices made to Members residing outside of Australia, the date of receipt will be deemed the date on which buddy transmits the notice.
21.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that buddy Australia is not committed nor obliged to use an alternative dispute resolution entity to resolve dispute