Terms & Conditions

OUR TERMS OF USE

1.1. This End User Licence Agreement, the Terms and Conditions of Use and all policies posted on our website(s) set out the terms (collectively, Our Terms) on which:
(a) BUYBYE Pty Ltd, ACN 602 087 203, (hereafter, BUYBYE, We, Our, or Us) offers
(b) you (hereafter, the User, You or Your) access to and use of our website(s) or related software application(s) (including mobile device apps), platform, processes and services, including underlying forms, databases, algorithms and processes (collectively, Our Services).
1.2. By using or accessing our website at www.buybye.com or related software applications, or Our Services, You agree to Our Terms and acknowledge that Our Terms may change at any time without notice. It is the User’s responsibility to check our website for the most current version of Our Terms.

1.3. Your use of Our Services must be in accordance with Our Terms and with the Usage Rules set forth in the App Store Terms of Service.

1.4. Our Services comprise an online platform through which sellers may create listings for products, and buyers may learn about and purchase products directly from sellers. You understand and agree that BUYBYE is not a party to any agreements entered into between sellers and buyers. BUYBYE has no control over the conduct of sellers, buyers and other users of Our Services, and disclaims all liability in this regard to the maximum extent permitted by law.

INTELLECTUAL PROPERTY

2.1. We own all intellectual property rights in the BUYBYE trade mark, branding and get-up, and in our website and related software application(s) (including underlying code and other copyright works, layouts, architecture and other design features, databases, formulae, algorithms and processes).

2.2. The images, information, products displayed on, transmitted through or used in connection with our website, our software applications and Our Services are owned or licensed by us and may be protected by various copyright, trade mark, patent and other laws.

2.3. Intellectual property protection also extends to BUYBYE members’ listings (including product descriptions and images, whether photos, videos or other graphic elements). BUYBYE users must not use another BUYBYE user’s pictures or descriptions in their listings, profile page or BUYBYE StoreFront without the owner’s permission. This applies to both sellers and buyers.

2.4. All rights are reserved. You must not:

(a) use, copy, transmit, communicate, publish or otherwise distribute any of our intellectual property or any other content (whether belonging to us or to a third party, including other BUYBYE users) from our website or related software applications or from Our Services, other than as permitted by Our Terms, including our Intellectual Property Policy as published on our website at [insert];

(b) change, obscure or delete any proprietary notices (or other content) published on this website or in any related software applications;

(c) reverse engineer, decompile or disassemble or otherwise attempt to derive source code of any part of our website or related software applications;

(d) create a derivative work based on our website or related software applications (including processes, formulae, algorithms and databases);

(e) knowingly or recklessly infringe any third party intellectual property rights in using Our Services. This includes taking (copying, publishing and communicating) photos or product descriptions (or a substantial part thereof) from our website, from the internet generally (or other source) and using them in relation to your listing or your StoreFront without permission.

WHAT YOU ARE ALLOWED TO DO

3.1. We grant you a non-exclusive, non-transferable right to access and use our website and related software applications and Our Services for the Permitted Uses, subject to your continuing compliance with:

(a) Our Terms;

(b) any applicable laws (e.g. consumer protection, privacy, intellectual property laws);

(c) any applicable terms and conditions that apply to you based on the operating system of the electronic device that our software application is installed on (e.g. Apple, Microsoft, Android); and

(d) additional terms and conditions that apply to you based on a third party agreement, whether integrated with Our Services (e.g. online payment system, shipping service, hosting, plug-ins or APIs) or as otherwise required to use Our Services (e.g. data service provider or social media providers).

3.2. You must become a registered user and accept Our Terms in order to access and use Our Services.

3.3. Your BUYBYE password and pincode may be used only to access or use Our Services, to electronically sign your transactions, and review your completed transactions. You are responsible for maintaining the security of your pincode and password. You must not disclose your password to any third party (other than third parties authorised by you to use your account) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must change your password or pincode. BUYBYE will not be liable for breaches of your password or pincode security.

3.4. You are permitted to use and access Our Services (the Permitted Uses) to:

(a) View, browse or search available products to buy or sell;

(b) List, promote or otherwise communicate with other users of our Services about a product;

(c) Open a BUYBYE StoreFront to offer one or more products for sale;

(d) Communicate an offer to sell or buy a product to another user of our Services, and negotiate an agreed purchase price;

(e) Buy a product, including making a payment and providing delivery details for the product;

(f) Sell a product, including accepting a payment and taking delivery details for the product;

(g) Browse, request or pay for an in-app service (e.g. a “push” campaign or a “$elltag” category or ranking).

(h) Design and effect a push campaign.

(i) Coin, bid on and buy a $elltag category.

3.5. BUYBYE allows open chat between users regarding listings, but we urge users to take care and be safe before completing a transaction, giving out any personal information or agreeing to meet another user. Read the BUYBYE safety tips for buyers and sellers. While we take care to foster a safe and open community, BUYBYE cannot be responsible for user’s personal safety when meeting other users, or for the security of Personal Information that is shared between users. Users must be careful to protect their personal safety and Personal Information. For example, if meeting a buyer / seller to complete a transaction, choose a public place and make sure a friend or relative knows where and when you are meeting, do not send out purchased goods before verifying that the buyer has made payment; beware of deals that appear too good to be true – read product descriptions carefully and ask questions; request to see identification or to take a security deposit if a prospective buyer wants to inspect an item before buying.

YOUR OBLIGATIONS

4.1. In accessing or using Our Services, you must not:

(a) post, list, upload, communicate, provide access to or otherwise distribute content, items or material (including products) that is: objectionable, including (without limitation) material that is explicit or sexual in nature, culturally inappropriate or otherwise offensive; defamatory, libellous or slanderous; illegal; false, inaccurate or misleading; or in breach of any third party intellectual property rights;

(b) register under a false name, business name, or use an invalid or unauthorised bank account; you may not use another user’s account or password or engage in any other fraudulent activity;

(c) use Our Services to promote, list, sell or otherwise trade any product that is in breach of our Sellers Rules (e.g. any prohibited or restricted items such as lottery tickets, firearms, fireworks, restricted or illegal substances);

(d) make false, inaccurate or misleading statements about any user, or about any products:

you are offering for sale – for example, by misdescribing or overstating the benefits or character of goods, by posting or listing products in inappropriate categories, or by offering counterfeit or unauthorised copies of goods;

any other user is offering or has offered for sale – for example, products of a competitor;

(e) use Our Services if you are not able to form legally binding contracts. However, a person under 18 can use an adult’s account with the permission of the account holder. The account holder is responsible for all activities associated with that account.

(f) use Our Services if you are currently suspended or deregistered from using Our Services;

(g) be in breach of any of Our Terms, including any applicable policies and rules;

(h) interfere with the listings, posts, comments or other material relating to any other user’s products or account;

(i) take any step or perform any action that is calculated to or may damage, interfere with, undermine or be an abuse of our website and associated software applications or Our Services, including intercepting or appropriating any system, data or personal information, or taking action that is harmful or potentially harmful to (e.g. overloading) BUYBYE’s technical infrastructure;

(j) use your account as a return address for unsolicited commercial or bulk mail or use your account to participate in any activities that involve the transmission of unsolicited commercial or bulk email (spam) or activities relating to pyramid, Ponzi schemes or similar;

(k) link directly or indirectly to or include descriptions or images (including film) of products that violate any applicable law, statute, ordinance or regulation, or that violate these terms of service;

(l) harvest or otherwise collect information about users without their consent;

(m) circumvent any technical measures we use to provide Our Services; and/or

(n) infringe or try to infringe the privacy or other rights of any other users of Our Services, including by using, accessing or disclosing personal data about any other user other than is necessary for you to meet your obligations as a buyer or supplier, or as otherwise permitted by Our Terms in order to use Our Services.

4.2. In accessing or using Our Services, you must:

(a) comply with any applicable laws or regulations (e.g. laws and regulations relating to property and property crimes, intellectual property, shipping and customs, export / import controls, health-related or therapeutic products, or any applicable consumer protection laws or regulations including statutory warranties or labelling) and with the Usage Rules set forth in the App Store Terms of Service;

(b) have full ownership/title to sell any and all listed items, or full authority to sell items on behalf of a retailer;

(c) have the appropriate rights or permissions regarding use of any material or content that you make available (e.g. upload, post, communicate or otherwise make available) using Our Services (e.g. product descriptions and images);

(d) grant BUYBYE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, copy, communicate or otherwise distribute, adapt, modify, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content or material on, through or by means of Our Services;

(e) comply with any applicable third party rights, including (without limitation) third party terms, privacy obligations and intellectual property laws;

(f) comply with Our Terms, including any applicable policies and rules (e.g. intellectual property policy, sales policy, privacy policy, sale terms);

(g) pay our fee(s) plus any applicable taxes for your use of Our Services, including for in-app services that we offer (e.g. “push” campaigns and $elltag categories or rankings).

SALE TERMS

5.1. All buyers and sellers must abide by the BUYBYE buyer and seller rules, as published and updated from time to time on the BUYBYE website at [www.buybye.com/terms&conditions], and with all applicable laws for the sale of goods and protection of consumers.

5.2. When you sell a product using Our Services, you must deliver to the buyer (or the buyer’s nominee) a product in accordance with the relevant listing at the listed price. You must also sell at the listed price to any buyer who meets your sale terms.

5.3. When you buy a product using Our Services, you should be aware that all sales are subject to the individual seller’s returns policy and to the BUYBYE rules for buyers and sellers.

5.4. The account holder is liable for:

(a) payment of the purchase price for products or in-app purchases bought using Our Services, plus any applicable taxes and delivery fees;

(b) all applicable fees for products listed or sold using Our Services, such as BUYBYE merchant fees, push ad campaign fees, $elltag search optimisation fees;

(c) compliance with all applicable laws and regulations (including consumer protection, sale of goods, customs, import / export and shipping laws), and our terms of service (including rules, policies and this agreement).

5.5. A seller has no obligation to ship a product bought using Our Services until payment for the product (and any agreed shipping fees and applicable sales or consumption tax) has been verified as made by the buyer.

5.6. The seller and not BUYBYE is responsible for:

(a) processing and fulfilling customer orders generated using Our Services. BUYBYE is not responsible for any non-delivery, damage to goods or delay by the seller or any third party delivery provider;

(b) handling any customer enquiries, complaints, or disputes relating to your product listings or arising from orders or sales generated through your listings;

(c) product faults and returns, including meeting applicable product warranties and complying with BUYBYE’s returns policy;

(d) backing up data relating to your listing(s), sales and any BUYBYE StoreFront that you create. BUYBYE has no obligation or responsibility to back up any data related to your listing or sales, and cannot restore individual data such as your profile, StoreFront or listings that you delete. You should independently take appropriate steps to maintain such data in accordance with your needs.

5.7. Delivery is the responsibility of the seller and not BUYBYE, and will depend on the third party delivery option selected by the buyer. Delivery will be subject to the terms of the third party delivery supplier. All delivery status and tracking enquiries should be directed to the seller or the applicable third party delivery supplier.

5.8. Sellers are entitled to set their own terms for product returns or refunds and buyers agree to buy in accordance with an individual seller’s sale terms. However, sellers must clearly indicate to buyers the terms of any returns / refunds policy, and abide by any applicable legally required product warranties and BUYBYE’s sellers rules. If a buyer is entitled to a refund under your returns policy, you must provide the refund within 5 to 10 business days of receiving the returned goods.

5.9. Use of Our Services may also be subject to the terms of third party service providers such as payment gateway services (for customer and merchant payment services and settlement) and delivery service providers (e.g. postal and courier services). BUYBYE is not responsible for any services provided by third party providers (e.g. delivery or damage to goods). Any problems or issues with such services will be subject to the terms of the applicable service provider.

5.10. Reference to third party terms (e.g. for payment gateway services or delivery services) are incorporated herein by reference to the applicable third party provider’s website. A list of third party provider websites will be published by BUYBYE on this website at [http://buybye.com/terms-conditions-2/] and may be updated from time to time without notice. It is the User’s responsibility to check this website for the most current list of third party provider websites and terms.

5.11. Any dispute between buyers and sellers will be dealt with by BUYBYE in accordance with our Dispute Resolution Policy.

5.12. Any dispute between buyers / sellers and third party service providers to BUYBYE will be dealt with directly between the buyer/seller and respective third party service provider, and in accordance with our Dispute Resolution Policy.

5.13. In the event of an unresolved dispute, BUYBYE reserves the right to make a determination (such determination which will be final), including the right to deny a user’s access to, or to suspend or terminate Our Services to a user.

LIMITATIONS

6.1. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate).

6.2. When ordering a product using Our Services, the recipient is the importer of record and must comply with all laws and regulations of the destination country. It is the importer’s responsibility to ensure that a product can be lawfully imported into the destination country.

FEES

7.1. For each transaction completed using Our Services, BUYBYE charges a fee and the user agrees to pay BUYBYE’s fees and any applicable taxes. These fees may include: merchant fees that represent a percentage of the sale price (excluding taxes and shipping charges) for completed sales; push ad campaign fees; and $elltag search optimisation fees. Please refer to the fee schedule on our website at [http://buybye.com/pricing/].

7.2. Fees and payment terms may vary from time to time, and you should check the applicable fees and terms each time you enter into a transaction. The precise fees and payment terms that apply to any transaction are the fees and payment terms in effect on the date of the transaction (e.g. date of sale of a product, $elltag bid, or a push campaign start date).

7.3. BUYBYE does not collect funds from buyers but has partnered with third party payment supplier STRIPE to offer BUYBYE users an online payment gateway. Other third party payment gateways may be available for use with BUYBYE transactions in the future. The final sale price and any other amounts payable by buyers (e.g. BUYBYE’s merchant fee, GST and shipping charges) are paid through the BUYBYE app or website to the third party payment provider, which then pays BUYBYE and any third party delivery service (plus applicable taxes, e.g. Goods and Services Tax) from amounts due to sellers, before forwarding funds to sellers.

7.4. By using Our Services to list and sell products, you agree to the terms of the applicable third party payment gateway and payment method you have selected.

7.5. The time it takes for sellers to receive payment and the final payment amount received may vary depending on the method selected for receiving payment, as third party payment gateway providers may vary in payment processing times, and may also impose additional charges for the use of their services (including deducting their own charges from the payment amount). You should check the terms of service for any relevant third party payment gateway providers you choose for receiving payments from sales made using Our Services.

OUR RIGHTS

8.1. BUYBYE reserves the right at our sole discretion (but without obligation):

(a) to take any action or step that we deem necessary or desirable to prevent and mitigate any breach by you of any of Our Terms;

(b) to monitor activity and content associated with Our Services, and to investigate any suspected or reported violation of laws or of our policies;

(c) to take any such action as referred to in paragraph 8.1 below without notice to you, as we deem necessary or appropriate in the circumstances.

8.2. The action we may take pursuant to this paragraph 8.2 includes (without limitation):

(a) issuing a warning;

(b) limiting, suspending or deregistering your account(s);

(c) limiting, suspending or removing access to Our Services;

(d) reviewing, modifying or within 24 hours removing objectionable content or content that we otherwise determine to be in breach of Our Terms and immediately deregistering the relevant user’s account; or, pending any such determination, immediately suspending access to such content including (if necessary) suspending or terminating any listings and user accounts that relate to that content;

(e) refusing or terminating Our Services;

(f) taking any other action we deem to be reasonably required in the circumstances to investigate a complaint or claim against a user that a product is unlawful, unsafe, not as described, faulty, not of merchantable quality, or in breach of a third party right, or to give effect to any ruling or order pertaining to any such complaint or claim;

(g) reporting any activity that BUYBYE suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties;

(h) accessing and disclosing information BUYBYE considers necessary or appropriate, including (without limitation) transaction data, contact details, IP address and traffic information, usage history and posted content, when formally requested by a law enforcement agency, regulator or other government body, the legal representative of any third party, or when required to do so by court order.

8.3. You should also be aware that we also reserve the right to:

(a) cancel accounts that have been inactive for a long time or that have been the subject of repeat complaints;

(b) modify or discontinue Our Services;

(c) refund monies to buyers on a seller’s behalf; and

(d) refuse or terminate our Services to anyone for any reason at our sole discretion.

YOUR PRIVACY

9.1. We collect and hold certain information about your usage of our website, our software applications and our Services. This usage information is used to analyse end user behaviour and consumption of Our Services. Usage information may be received, recorded or accessed by third party service providers (e.g. Apple iTunes, Android, Microsoft).

9.2. We will not disclose your usage information in association with personal information about you or any other information relating to you, such as mobile device IDs or unique IP addresses unless we are required to do so by law (including in the context of a third party rights infringement claim or other third party injury) or regulatory or judicial order.

9.3. Any personal information acquired or held by us from your use of our website, our software applications and our Services will be used only in accordance with the BUYBYE privacy policy published on our website at [http://buybye.com/privacy-policy/] and with the Australian Privacy Principles.

9.4. Other users of Our Services with whom you have communicated using Our Services (e.g. prospective buyers or followers) may be provided access to your contact information as required for the efficient delivery of Our Services, to facilitate and/or effect a transaction or as otherwise consented to by you.

9.5. Similarly, you may be provided with another user’s personal information (e.g. contact details) with their consent or as otherwise required for the efficient delivery of Our Services (e.g. execution of a product sale). You agree that in the event you are provided with another user’s personal information you must only use or disclose that information for the specific purpose that it was provided or as required by law, and that you will protect that information from unauthorised access or use.

9.6. If you open a BUYBYE StoreFront, your contact information will be shared to public users unless you set your StoreFront privacy settings to “private”, in which case only users you allow access will see your information.

9.7. We may provide a user’s personal and/or transaction information (including contact details and financial data) if we are required to do so by law (e.g. in the context of a third party rights infringement claim or other third party injury, or to comply with regulatory requirements or judicial order).

9.8. Information we collect

(a) When you register with BUYBYE to become a member, we may ask you for personally identifiable information that can be used to contact or identify you (Personal Information). This may include: your name, username, phone number, credit card and other billing information, email address, shipping address and in some cases your Internet Protocol address if it is combined with other information.

(b) You can also register to join BUYBYE by logging into your account with various third party social networking sites (SNS). If you decide to create your BUYBYE account by logging into an SNS, we may extract the Personal Information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with the SNS and use that information to create your account. The information we extract may depend on the privacy settings you have with the SNS. We may also share some information (e.g. post recent activity) back to the SNS (e.g. via Facebook Connect). You can edit your privacy settings to turn this feature on or off.

(c) We may also collect:

information you supply to us regarding your personal preferences and interests (which we will use to advise you about offers within the BUYBYE platform, unless you request for us not to do so); and

the email contact addresses of friends (which we will use to invite them to use Our Services).

(d) You can choose not to provide us with any or all of the information we request, but you may not be able to register with us or to take advantage of some or all of the features provided through Our Services.

9.9. Why we collect information

(a) We collect Personal Information mainly to provide Our Services and so that buyers and sellers can communicate and transact in relation to products and product listings. We will create your account for your use of the Site and Applications based upon the Personal Information you provide and you will become a member of BUYBYE.

(b) We also collect the other information (non-identifying) that you provide as part of registration and required for us to administer and personalise your profile page on BUYBYE (e.g. without limitation, age and individual preferences). This information assists us to provide you with a better experience, to improve the quality and value of Our Services and to analyse and understand how our site, applications and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product or make an offer to you according to your preferences or restrictions.

(c) We also collect log data and device information (including operating system, device settings, unique device identifiers, and crash data). Whether we collect some or all of this information often depends on the device you are using and its settings. Users should check the policies of applicable device manufacturer or operating system software providers to learn more about what information a device makes available to third parties.

9.10. Sharing and disclosure of information

(a) When you register to join BUYBYE and submit Personal Information to create a profile or a Store Front, BUYBYE Users may see your name. If you choose to provide additional Personal Information in your profile, BUYBYE users may see this information (e.g. your photo, location). Providing additional Personal Information is voluntary and we recommend that you safeguard your sensitive information.

(b) We may share aggregated information that does not include Personal Information and we may otherwise disclose non-identifying information and log data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

(c) We use third party providers to perform site and application-related services (e.g. without limitation, maintenance services, database management, web analytics and improvement of the site and application features) or to perform other services (e.g. without limitation, processing and fulfilment of orders, delivering packages, processing payments). These third parties will only access the member information required to perform the relevant tasks, but may also collect, store and disclose additional information from BUYBYE members. BUYBYE is not responsible for meeting the privacy obligations of third party service providers in relation to information that they collect, and users should check third party terms of service relating to privacy.

(d) BUYBYE may sell, transfer or otherwise share some or all of its assets, including BUYBYE membership information and Personal Information, in connection with a merger, acquisition, reorganisation, sale of assets or in the event of bankruptcy.

(e) Please refer to our Privacy Policy if you wish to access or change your personal information, submit a request that your information no longer be used, or if you have a complaint. We will use commercially reasonable efforts to honour all requests within a commercially reasonable time. We may retain an archived copy of your records as required by law or for legitimate business purposes.

(f) You should keep your user name(s), password(s), or other access information safe and confidential to protect against unauthorised access to your account information.

(g) We may make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” to you via email or by a notice posted on the BUYBYE site or app in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the Site, Applications, or data system.

(h) How to Contact Us:

If you have any questions about our privacy / security policy or any of the practices described herein, please contact us at:
132 Crown Street, Darlinghurst, Sydney NSW, Australia 2010; or
send us an email at legal@buybye.com

DISPUTES

10.1. Disputes will be dealt with in accordance with our Dispute Resolution Policy, as published on our website at [http://buybye.com/dispute-resolution-centre/].

10.2. Our Dispute Resolution Policy may change from time to time and it is your responsibility to check our website for the most up to date policy.

10.3. BUYBYE reserves the right to make a determination in relation to unresolved disputes (such determination which will be final), and reserves the right to refund money back to the buyer on a seller’s behalf, if necessary.

DIGITAL RIGHTS MANAGEMENT

11.1. We may embed digital rights management security in our web-enabled and mobile device software applications and/or use other protection measures as required to protect content from unauthorised access, copying or use.

11.2. You must not, and must not authorise, allow or provide the means for others to, adjust or circumvent or try to adjust or circumvent these technical measures.

END-USER TERMS REQUIRED BY APPLE

12.1 You acknowledge and agree that:

(a) this EULA is concluded between you and BUYBYE Pty Ltd, and not Apple, Inc. (Apple);

(b) BUYBYE and its licensors, and not Apple, are solely responsible for the BUYBYE software application (the Software) and the Content;

(c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software;

(d) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software;

(e) to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the Software;

(f) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses that you have arising out of your use of the Software or attributable to any failure of the Software to conform to any warranty;

(g) Apple is not responsible for addressing any claims of the end-user or any third party relating to the Software or the end-user’s possession and/or use of that Software, including, but not limited to:

product liability claims;

any claim that the Software fails to conform to any applicable legal or regulatory requirement; and

iii. claims arising under consumer protection or similar legislation;

(h) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third party claim that the Software infringes that third party’s intellectual property rights; and

(i) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce this EULA against you.

12.2 You represent and warrant that:

(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(b) you are not listed on any U.S. Government list of prohibited or restricted parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

13.1. Our website and related software applications are provided on an “as is” and “as available” basis. You understand and agree that you download our software applications and use Our Services at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use.

13.2. We do not guarantee that our website, our software applications or Our Services will always be available or be uninterrupted, timely, secure or free from errors and omissions or computer viruses (although we will make every effort to do so).

13.3. BUYBYE disclaims to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, title, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of our website, our software applications and Our Services.

13.4. BUYBYE is not responsible for the products listed or promoted using Our Services. Any defects, returns, complaints or failure, or product liability in relation to products purchased through Our Services will be the sole legal responsibility of the seller.

13.5. BUYBYE is not responsible for comments made, or content communicated, shared or otherwise distributed by users using Our Services. Any complaints or claims in relation to comments or material posted will be the sole legal responsibility of the user who originally made the comments. However, BUYBYE will not tolerate comments or behaviour that is offensive, inappropriate, salacious, explicit or sexual in nature, insensitive, derogatory, sexist, defamatory or libellous. Further, BUYBYE will not tolerate the unauthorised use of third party intellectual property by users of Our Services. Any comments or behaviour of this nature are grounds for BUYBYE to immediately suspend, terminate and/or deregister your account(s).

13.6. To the extent permitted by law, in no event shall BUYBYE be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use our website, our software applications or Our Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall BUYBYE’s total liability to you for all damages exceed $50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

GOVERNING LAW

This deed shall be governed and construed in accordance with the laws of New South Wales, Australia, and the parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

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