*** Overview ***

We believe in the golden rule – do unto others what you would like done to you. We believe in the social contract – if you say you’re going to do something, you do it. And it is socially unacceptable to treat people unfair. If you say you’re going to pay someone, you pay them. If you say you’re going to send an item to someone, you send it to them. We believe that spam is bad.

1. Acceptance of Terms

BuddyBid Ltd (“BuddyBid”) provides a suite of online services, including auction software for individuals and businesses on Facebook’s Timeline and Pages, available at the URL https://www.buddybid.com (the “Site”), that are subject to the following Terms of Use (“Terms”). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Buddybid services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to abuse@buddybid.com.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with BuddyBid in any way, your only recourse is to immediately discontinue use of the Site and the Service. BuddyBid will not be held be liable for any loss or damage for non-compliance.

These Terms may be updated by BuddyBid. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

You understand and agree that unless expressly stated, BuddyBid in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. If you choose to list an item for auction, you must submit a valid e-mail address during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your Facebook username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify BuddyBid immediately of any unauthorized use of your account.BuddyBid reserves the right to refuse the Service or access to the App to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. attempt to decompile or reverse engineer any software contained on BuddyBid’s web site;
   3. remove any copyright or other proprietary notations from the materials; or
   4. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BuddyBid at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Content Disclaimer

1. The materials on BuddyBid’s web site are provided “as is”. BuddyBid makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BuddyBid does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its application or otherwise relating to such materials or on any sites linked to this site.
2. You understand that all listings, messages, text, files, images, photos, or other materials (“Content”) posted on, transmitted through, or linked from this app are the sole responsibility of the person or organization from whom such Content originated. You also understand that BuddyBid does not control and is not responsible for Content made available through the App, and that by using the App, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
3. Furthermore, the App and Content made available through the App may contain links to other web sites that are completely independent of BuddyBid. BuddyBid makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web sites. Under no circumstances will BuddyBid be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the App.
4. You understand and agree that any uploading or posting will be at your sole risk and BuddyBid shall not be responsible to you in any way. Further, BuddyBid does not provide any warranty as to your use of third-party content or software that you obtain from the App. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although BuddyBid does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BuddyBid an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that BuddyBid, in its sole discretion, may delete any Content for any reason.

4. Limitations

In no event shall BuddyBid or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BuddyBid’s App, even if BuddyBid or a BuddyBid authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Use & User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the App to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the App or blocked from the App. You agree not to post, email, otherwise make available Content that:

• Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
• Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
• Is harmful to minors or displays sexually explicit material of any kind
• Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
• Transmits or posts any unsolicited or unauthorized advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
• Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
• Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the BuddyBid suite of services
• Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without BuddyBid’s prior consent
• Contains personally identifiable information about another member that is published without their express consent
• Contains material originally posted by another member that is reposted without permission or attribution
• Has misleading email addresses or other manipulated identifiers to disguise its origin

Additionally, you agree not to:

• Contact anyone who has asked not to be contacted
• “Stalk” or otherwise harass anyone
• Delete or revise any material posted by any other user
• Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
• Attempt to gain unauthorized access to BuddyBid’s computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the App.

6. Ownership

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of BuddyBid Ltd and its licensors. “BuddyBid Ltd” and BuddyBid logos, icons and other marks identifying BuddyBid services or products are trademarks of BuddyBid and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of the Service or the App without BuddyBid’s express written authorization. All rights not expressly granted in these Terms are reserved to BuddyBid. Your use of BuddyBid, including statistics around your campaigns may be used as a case study for marketing and/or training purpose.

7. Site Terms of Use Modifications

BuddyBid may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Dealings with Individuals or Companies

Any claim relating to BuddyBid’s web site shall be governed by the laws New Zealand without regard to its conflict of law provisions.

BuddyBid shall not be liable for your interactions with any organizations and/or individuals found on the App or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that BuddyBid is not responsible for any damage or loss incurred as a result of any such dealings. BuddyBid is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release BuddyBid, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

You acknowledge that BuddyBid may establish limits concerning use of the Service. You agree that BuddyBid has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BuddyBid reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BuddyBid shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that BuddyBid in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the App, for any reason, including, without limitation, if BuddyBid believes that you have acted inconsistently with these Terms. Further, you agree that BuddyBid shall not be liable to you or any third-party for any termination of your access to the App. Further, you agree not to attempt to use the App or the Service after said termination.

You further acknowledge that BuddyBid may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of BuddyBid, its users or the general public.

In the event that an invoice is not paid, and BuddyBid have issued a Final Notice, the amount due will be referred to a collections agency and you will be liable for all costs of collection.

9. Governing Law

Any claim relating to BuddyBid’s web site shall be governed by the laws New Zealand without regard to its conflict of law provisions.

10. INDEMNITY & LIMITATION OF LIABILITY

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD BUDDYBID HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST BUDDYBID ARISING OUT OF YOUR USE OF THE SERVICE OR THE APP.

IN NO EVENT SHALL BUDDYBID, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF BUDDYBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BUDDYBID SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF BUDDYBID TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BUDDYBID, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUDDYBID AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Paid Users

All fees non-refundable, in whole or in part, even if the Service is suspended, or canceled prior to the end of your monthly or annual plan.

For a trial version, if you do not cancel the Service before the Free Trial Period expires, and you have been informed that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize BuddyBid to charge your credit card the applicable fees as indicated at the time you signed up for the Service.

Subscriptions automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another period. At the time of renewal, your credit card will be charged the then-current fees to renew the Service.

BuddyBid Limited
Suite 2.1, 30 St. Benedict Street
Auckland, New Zealand
info@buddybid.com