TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING THE REGISTRATION FORM FOR THE USE OF THE ONLINE BUYBUY MARKETING PORTAL (‘BUYBUY’). IN ORDER FOR YOUR REGISTRATION TO BE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS (AS AMENDED FROM TIME TO TIME) MUST BE ACCEPTED.
Definitions
‘Agreement’ means the licence agreement formed when the subscriber (‘you’) agrees to the terms and conditions and pays the monthly Buybuy licence fee.
‘Buybuy’ means the Buybuy website (www.Buybuy.com.au) and associated webpages, which provide information about the Services, including the Terms and Conditions and the registration application to the Services.
‘Contact person’ means the person whose personal details have been entered in the field under ‘Contact Name’ on the Buybuy Licence registration form.
‘Leader Licence’ means the user licence issued to the subscriber which allows for the user to access Buybuy.
‘Licence fee’ means the amount entitled ‘monthly Buybuy licence fee’ on the relevant page of the subscription application for the Services.
‘Permitted user’ means a person to whom the subscriber has given the details of the user account.
‘Related entities’ means Wiseberry Pty Limited, Wiseberry Franchises Pty Limited.
‘Registered Person’ means the Leader Licence holder to whom to whom access via the Wiseberry Online (WOL) has been allocated.
‘Services’ means all materials, information, software, systems, tools, utilities, services and consequential changes included in or available through Buybuy licensed by Synergi first in accordance with these terms and conditions.
‘Subscriber’ means the office whose name has been entered in the field under ‘Office Name’ on the Buybuy Licence registration form.
‘Synergi first’ means Synergi First Pty Limited A.C.N. 096 792 595.
‘User account’ means the user name granted access registration system or other processes that protect and restrict the access to and use of the services.
‘You’ means the subscriber and your or yours is to be read accordingly.
1. Disclaimer
Synergi First Pty Limited A.C.N. 096 792 595 (“synergi first”) owns and operates the internet-based Buybuy marketing portal (“Buybuy”) under the domain name www.Buybuy.com.au and all materials, information, software, systems, tools, utilities, services and consequential changes included in or available through Buybuy (“the Services”). Synergi first provides Buybuy and the Services on an “as is” and “as available” basis for your use. Synergi first makes no statements, representations or warranties, express or implied, that the content of Buybuy and services and information accessed through Buybuy are accurate, complete, reliable, correct or free from error or omissions and makes no representations about its suitability for any particular purpose, including merchantability and fitness for a particular purpose. Synergi first does not warrant the functions and/or information contained on Buybuy or that its contents will meet your requirements and/or are fit for any particular purpose, including title and non-infringement. All subscribers will have available as part of the services or in its software, systems, tools and utilities for use and/or download. Synergi first does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Synergi first does not warrant or make any representations regarding the use or the results of the use of the materials and services on Buybuy. Users should make their own judgments about those matters. You agree to use Buybuy and the services solely at your own risk. Synergi first does not warrant that Buybuy and the services will be available at any particular time or location, that Buybuy, and access to it, will be uninterrupted, that any defects or errors will be corrected or that Buybuy and its content are free from viruses, worms, Trojan horses or other harmful components.
You assume all risks associated with the use of Buybuy, including (without limitation):
- The risk of your computer, software or data being stolen, damaged or lost as a result of a virus or other online threat which might be transmitted or activated via Buybuy or your access to it;
- The risk that the content of Buybuy complies with the laws of any country outside Australia.
2. No Liability
Under no circumstances will Synergi first and/or its employees, its agents, its consultants, its related entities and its officers be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages related to the violation of these terms and conditions or the use of or inability to use Buybuy or the reliance on or use of information, the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
To the extent permitted by law, Synergi first excludes all responsibility for loss or damage arising from the use of, or reliance on, the information contained on or accessed through and the services available on Buybuy, including (without limitation) loss of profit, loss of data and loss of use, whether or not in an action of contract, negligence or other tortuous action.
You agree to indemnify Synergi first from and against any loss, cost or expense incurred arising from any claim, suit, demand, action or proceeding by any person against Synergi first arising from the User’s use of the Website.
3. User Access
User access and use of Buybuy is restricted through the use of a login and password registration mechanism ( “User Account”), which is automatically activated when you are logged in the WOL system. You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under it.
The registered Leader Licence holder, to whom the activation has been allocated (the “Registered Person”), will be accountable for any activities undertaken on Buybuy by permitted users of this account.
You agree to (a) immediately notify Synergi first of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from the restricted areas at the end of each session. Synergi first will not be liable for any loss or damage arising from a failure to comply with this provision.
You are not, merely by virtue of this Agreement, and will not, for any purpose, be deemed to be an officer, employee or partner of Synergi first, or as otherwise able to bind or represent Synergi first.
Synergi first may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content available on Buybuy. Synergi first may also impose limits on certain features and services or restrict your database, or content available at the Website. Synergi first may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Copyright
Synergi first retains copyright of Buybuy as a whole and all material on the site that is authorized by Synergi first. You may use any of the material and access the services on Buybuy for your personal use or use within your office, provided that an appropriate acknowledgement is made (retaining this notice) and the material is not altered in any way. You may not commercialise this material without the permission of Synergi first.
The software provides fillable pages and pages data that may be completed on screen and saved. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
Apart from any use as permitted under the Copyright Act, all other rights are reserved.
5. Licence
In consideration of your payment of the monthly Buybuy Licence Fee of $695, Synergi first grants you a non-transferable, non-exclusive licence to:
- Access and Use Buybuy; and
- Access and Use the services – Pack 1 - which consists of unlimited microsite creations and the use of the bulk emailing system and its templates up to 50,000 monthly emails.
By purchasing the licence you agree to be bound by these Terms and Conditions.
The Leader Licence holder will be held accountable for any activities undertaken on Buybuy permitted users of this account. The Leader Licence holder is to notify Synergi first immediately if any licence agreements are breached.
The Licence is valid from the date of commencement of your licence to the date of termination by either party.
Access to Buybuy is automatically gained when the Leader Licence holder is already logged in WOL and clicks on the buy buy link. Accessing Buybuy by non-licenced recipients is strictly prohibited.
6. Bulk Email Allowance
The licence grants you bulk email allowance of 50,000 emails per month. Should you exceed the allocated bulk email allowance,Synergifirst will charge you for an excess bulk email allowance. The excess bulk email allowance is charged at the rate of $20 which grants you an additional email allowance of 50,000 for that month. Should you exceed the additionally granted email allowance of 50,000 for the month, an additional bulk email allowance fee of $20 will be charged which will grant you another additional email allowance of 50,000 for that month. Additionally granted email allowance therefore grants you up to an additional 50,000 emails for that month and is charged at the rate of $20. Any excess bulk email allowance charge(s) applicable in any particular month is automatically debited from your credit card.
7. Payment Policies
All accounts are set up on a prepay basis. Synergi first reserves the right to change prices of services at any time. Payment is due on the first day of each month, with the first account being charged on a pro rata basis. You will automatically be charged on the first day of each month, unless termination notification has been given. In the event the card number on file is declined,Synergifirst will immediately suspend the services. Synergi first reserves the right to suspend the services until the outstanding debt is clear. You are responsible for all money owed on the account from the time the services were established to the time you send a written termination request. All invoices will be sent directly to you via e-mail. At this point your card will be charged automatically.
8. Payment Options
In order to streamline our accounting procedures,Synergifirst requires payment by credit card. Synergi first accepts Mastercard, Visa and Amex.
9. Formation of Agreement and Severability
A legally binding agreement (the "Agreement") is formed only when you indicate your acceptance of these Terms and Conditions on the registration form and you make payment to Synergi first. Unless otherwise specified herein, the terms of this Agreement constitute the entire agreement between you and Synergi first with respect to Buybuy and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic). If any part of these Terms and Conditions is held invalid or unenforceable the remaining portions remain in full force and effect. The section titles are for convenience only and have no legal or contractual effect.
10. Termination
Synergi first reserves the right, in its sole discretion, to terminate your access to Buybuy, or an area of Buybuy immediately and without notice. If you do not agree with these Terms and Conditions your sole and exclusive remedy is to cease using Buybuy. Access termination will automatically occur when you send emails to people who have unsubscribed and when a high number of bounce backs continue to occur after a warning notice has been sent to you by Synergi first. Where Synergi first has terminated your access to Buybuy, your activation from WOL into Buybuy will cease to be valid and you will be unable to access Buybuy. Synergi first will not be liable to pay compensation for termination of this Agreement and the User will not be entitled to compensation for any losses incurred as a result of the termination. You may terminate your subscription at any time by sending a written notice. Fees charged and paid are however non-refundable.
11. Survival
In the event that access is terminated as provided herein or the User ceases using Buybuy these Terms and Conditions will survive.
12. Changes to these Terms and Conditions
Synergi first may change these Terms and Conditions at any time, by publication of an updated form of these Terms and Conditions on Buybuy. The date appearing next to the words "current as at" will indicate when these Terms and Conditions were last updated. Users should review the Terms and Conditions published on the Website from time to time.
13. Privacy
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Synergi first manages Buybuy and treats personal information as confidential. Personal information provided to us will be treated confidentially and will only be used and/or disclosed in accordance with your consent, the purpose for which you provide it and/or the provisions of the Privacy Act 1988.
14. Security
Personal information received from you is held with the strictest confidence. The information is securely stored and access is restricted to authorisedSynergifirst personnel only. The information will only be released if required by law or your permission granted. WhileSynergifirst aims to provide a secure web-based environment, you need to be aware however of theinherent risks associated with the transmission of information via the Internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should subscribe to, use and access this website.
These terms and conditions are governed by the law in force in the State of New South Wales (NSW) and any dispute about these terms or the contents of the Website are subject to the exclusive jurisdiction of the courts of the NSW and their courts of appeal.