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Buyblitz.com and The SOC Exchange
Terms of Use – CUSTOMERS
These Terms of Use set forth the conditions on which you use the Buyblitz.com Website (“the site”) and services offered by us through the site. These Terms of Use are a contract between you and Buyblitz.com Pty Ltd (ACN 120 200 222) of PO Box 892, Bondi Junction, NSW 1355 Australia (“Buyblitz”, “we”, “us” or “our”). By using this Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations.
We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. Our privacy policy and IP statement published on the site form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of this site. A reference to these Terms of Use includes all such policies.
These Terms of Use apply to all users, whether you are a visitor simply browsing the site or are a registered user. Separate terms of use apply to businesses advertising via the site.
These Terms of Use do not cover your legal relationship with registered businesses selling goods pursuant to this site, advertisers running advertisements through this site, or any third party providers of services used in connection with the site. The terms and conditions governing your relationship with such registered businesses or advertisers shall be defined between you and such third parties.
1. Nature of Buyblitz.com
Buyblitz.com is a “Mega-Mall”, containing advertisements and information provided by third party businesses. We do not buy or sell goods or services ourselves. We are not involved in the actual transaction between you and businesses advertising via our site. Consequently, we do not have any control over the quality, accuracy or legality of any items advertised or content posted by businesses on the site. In particular, we cannot ensure and do not guarantee that a business will actually complete a transaction or act lawfully in using our site. See further paragraph 8 below.
You are solely responsible for transactions between you and businesses advertising via our site, and in particular you must ensure that any credit card details provided in respect of ordered goods and services are valid and adequate credit is available. If you do not provide complete or accurate information, businesses may not be able to provide you with ordered goods or services. Please note that Buyblitz does not have access to your credit card details, and does not store credit card information.
2. Eligibility to use Buyblitz.com
You are only entitled to use this site if you are capable of forming legally binding contracts under relevant laws. In any event, you must be at least 18 years of age in order to use this site. If we have reason to suspect this is not the case, we will be entitled to suspend or terminate your registration without notice. You must not use our site or order particular goods or services if local laws prohibit you from doing so.
3. Use of Site
The information provided on the site can be accessed free of charge. Registration is also free. For the benefits of registration, go to “Customers get on”.
Businesses pay us a set fee for advertising on this site. We do not charge you or businesses a commission based on the amount or value of purchases made via this site.
All information provided by you in your registration or to a business in connection with this site must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case. If you register as a user, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with http://www.buyblitz.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorized access to or use of your personal information. Please refer to our privacy policy.
4. Businesses’ advertisements
Businesses are required to advertise all prices in U.S. dollars. Prices advertised do not include shipping and handling or applicable sales tax, which will be added to the price, unless you provide a valid and correct tax exemption certificate applicable to the shipping location prior to the acceptance of the order. We receive advertisements for publication in good faith on the basis of representations given by businesses. We do not endorse any goods or services advertised on this site or make any warranty or representation that they are of a particular quality or suitable for any purpose, or that a business is legally entitled to carry on a particular business. It is your own responsibility to investigate the suitability of any goods or services advertised on this site or verify the credentials of advertisers, if you consider it necessary. Refer also to Section 8 below.
Notwithstanding the foregoing, please let us know if you believe any information or advertisement on this site is inaccurate or misleading or conflicts with relevant laws.
As we are not involved in transactions and are merely a passive conduit for online advertising of businesses’ products, we have no involvement in, or control over, the terms on which they may chose to supply goods or services to you. In particular, there is no guarantee that any order placed with a business advertising on this site will be accepted by that business, particularly if you are not located in the region where that business operates. Some businesses may provide discount vouchers, special offers, gift certificates or other benefits via Buyblitz.com. The terms and conditions of such offers will be specified by the relevant businesses, and will generally only be available to registered users. We do not take any responsibility for any such offers or benefits offered by businesses. It is your sole responsibility to address and resolve any dispute that arises with any business advertising on this Website directly with that business.
5. Reviews, Comments, and other Content
You may post reviews, comments, and other content on Buyblitz.com regarding businesses, and also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and to grant sublicenses to third parties, including the businesses to which such content was directed. You grant to us and our sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, and that the use of the content you supply does not violate these Terms of Use hereunder. You agree to indemnify, defend, and hold harmless Buyblitz.com and our sublicensees for all claims resulting from the content you supply. We have the right to monitor and remove any activity or content at any time without notice. Our sublicensees also have the right to remove content at any time without notice. We take no responsibility and assume no liability for any content posted by you or any third party.
6. Copyright Complaints
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following:
(a) the name of the owner and a signature of the person authorized to act on behalf of the copyright interest that is alleged to be infringed;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you affirming your good-faith belief that the disputed use is not authorized by the copyright owner or its agent; and
(f) a statement by you made under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All copyright complaints should be directed to us at postal address listed at the beginning of the Terms of Use.
7. Intellectual Property
All trademarks and copyright (including text, images, audio and video files) are owned or licensed by us unless otherwise indicated. Except to the extent that the content is owned by you, you may not copy or distribute any portion of the site or content without the express written permission of us or our licensors as appropriate.
Our IP statement applies to your use of these. You must not use any means of automatically searching or mining data from the site or in any way interfere or attempt to interfere with the proper working of our site or transactions with businesses advertising through our site. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with Buyblitz.com, our system or data or that of any third party via our Website.
8. Third party sites
This site may contain links to other websites of businesses, advertisers or other third parties which are not maintained or controlled by us. These links are provided solely for your convenience and we do not endorse, accept any responsibility for the content or use of any third party sites, or make any representations about the information, products, or materials found on such third party sites. If you access a third party site, you do so at your own risk.
9. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this site. The information is provided “as is” and we do not represent that it is complete, current, or free from errors or omissions. We do not control the content posted by third parties, including the content of any messages or reviews, and we do not guarantee the accuracy, integrity, quality, or appropriateness of such content. The use of this site is at your own risk. Access to our site may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to this site will be continuous, uninterrupted, virus-free, or secure. We will however, use reasonable care to maintain uninterrupted service on the site. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SOME LAWS MAY NOT BE EXCLUDED, INCLUDING CERTAIN PROVISIONS OF THE AUSTRALIAN TRADE PRACTICES ACT 1974. OUR LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE TOTAL VALUE OF THE PRODUCT (S) ORDERED THROUGH THIS SITE PAID TO USE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR TWO HUNDRED DOLLARS ($200), WHICHEVER IS LESS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Waiver and Release of Claims; Indemnification
To the extent permitted by law, you expressly agree to waive and release us from any and all claims, damages, losses, costs, or expenses in any way connected with a dispute you may have with a business or advertiser using Buyblitz.com. You further agree to indemnify, defend, and hold us harmless against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) a breach of these Terms of Use; (ii) a breach of any terms or conditions entered into by you with any third party through the Buyblitz.com Website; (iii) any infringement of intellectual property rights on the site.
11. General
You may close your account at any time. We may suspend or terminate your account at any time without notice at our sole discretion if you breach these Terms of Use or if these terms otherwise permit. We also reserve the right to discontinue operating the Buyblitz.com site at any time at our sole discretion. You will remain liable for obligations incurred to your account even if it has been closed. Sections 7 and 8 of these Terms of Use will also continue to apply once your account has been closed. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. You agree that we may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our business.
Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your account to your designated email address. Please ensure that a valid email address is designated to your account at all times. Your primary point of contact with Buyblitz.com should be via the “Contact Us” tab on the Website menu. Any formal notices or communications should be sent to our postal address provided at the beginning of these Terms of Use. Notices sent by email or confirmed facsimile will be deemed to have been received 24 hours after being sent, regardless of whether you have actually read the notice or not. Notices sent by mail should be sent by pre-paid registered mail return receipt requested or by a recognized international courier, and will be deemed to have been received five (5) days following the date in which they were sent.
12. Dispute Resolution
These Terms of Use are governed by the laws of New South Wales, Australia, without regard to conflicts of law principles All disputes arising under these Terms of Use shall be submitted to binding arbitration in New South Wales, Australia under the Rules of Arbitration for the International Chamber of Commerce by one arbitrator mutually agreed upon by the parties in accordance with the aforementioned Rules. The arbitration shall be conducted in English. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by the Parties. Each party shall bear its own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees.
Terms of Use – BUSINESSES
These Terms of Use set forth the conditions on which businesses may use the Buyblitz.com Website (“the site”) and services offered by us through the site. These Terms of Use are a contract between you and Buyblitz.com Pty Ltd (ACN 120 200 222) of PO Box 892, Bondi Junction, NSW 1355 Australia (“Buyblitz”, “we”, “us” or “our”). By using this Website or registering your business, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations.
We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. We will notify you prior to any increase in our service charges.
Our privacy policy and IP statement published on the site are incorporated by reference into these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of this site. Any reference to these Terms of Use includes all such policies.
These Terms of Use apply to all businesses setting up a shopfront at Buyblitz.com. Separate terms of use apply to customers using the site and also to advertisers who do not wish to establish a shopfront. Please click on Advertising, at the bottom of the Home Page, for more information about advertising on Buyblitz.com.
These Terms of Use do not cover your legal relationships with customers or other users browsing the site, or any third party providers of services used in connection with the site. The terms and conditions under which such dealings are carried out are matters between you and those other parties.
1. Nature of Buyblitz.com
Details of what we offer to you are outlined on the “Businesses get in” section of this site.
Buyblitz.com is a “Mega-Mall”, containing advertisements and information provided by you and other third party businesses. We do not buy or sell goods ourselves. We are not involved in the actual transaction between you and customers using our site. Consequently, we do not have any control over the completeness or accuracy of any information provided to you by customers using the site. In particular, we cannot ensure and do not guarantee that a customer will actually complete a transaction or act lawfully in using our site and are unable to verify the identity or age of any customer. See paragraph 9 below.
You are solely responsible for transactions between you and customers contacting you via our site. In particular Buyblitz does not have access to, and does not verify or store any credit card details provided by customers in respect of ordered goods and services. You must use any such information given to you by a customer only for the purposes of the particular transaction and you must not disclose that information. You have the sole responsibility to protect all customer information, including credit card information, in accordance with applicable privacy laws and with our Privacy Policy, which is incorporated by reference into this Agreement. Provided a customer has given you adequate details to enable you to complete a transaction and they have paid in full, you must complete the transaction unless it would be unlawful for you to do so. In particular, unless you have agreed otherwise with the customer or stated otherwise on your shop-front, goods must be dispatched on the same business day, or on the following business day if the order is completed after 4:00pm in your place of business. The terms on which you agree to conduct business with customers via Buyblitz.com must not be inconsistent with these Terms of Use. In the event of any inconsistency, these Terms of Use will prevail.
You must conduct your business to the highest of ethical and business standards, in accordance with all relevant laws and regulations. You are responsible for maintaining product and public liability insurance and/or professional indemnity insurance in keeping with the commercially reasonable business practices of a prudent business owner in the same business. We have the right to review such policies upon request. As our Website is hosted by a third party and given the nature of the internet, unfortunately we are unable to give any guarantee that the site will be accessible to you or customers at all times. We will make every effort to minimize interruptions of service, and will notify you if we anticipate or plan any scheduled downtime for the purpose of upgrading or updating the site.
2. Eligibility to use Buyblitz.com
Only businesses are eligible to register to sell goods under this site. If we have reason to suspect that your registration does not cover an eligible business, we will be entitled to suspend or terminate your registration without notice. All businesses registered to use this site must be in compliance with all applicable state and local business permit, licensing, and registration requirements.
You must not register or use our site for promoting and/or selling your goods and services if local laws prohibit you from doing so. We also reserve the right to refuse your registration if we have reason to believe your business is involved in the supply of goods or services that is inconsistent with the nature of other businesses advertising on Buyblitz.com or which is otherwise considered by us to be inappropriate.
3. Use of Site
You must register in order to set up a shop front for your business on Buyblitz.com. To do so, and to find about the benefits of registration, go to “Businesses get in”.
Set fees apply for establishing and maintaining a shopfront on this site. We do not charge you a commission based on the amount or value of purchases made via this site. Additional fees may be payable for additional benefits that we choose to provide from time to time. We will notify you prior to any increase in fees.
All information provided by you to us, whether in your registration or otherwise in connection with this site must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case.
When you register, you will be required to select a password. You must not disclose your password to any third party and are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with http://www.buyblitz.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption, to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorized access to or use of your personal information. Please refer to our privacy policy.
4. Suspension or termination of access
We may suspend or terminate your shopfront and account with us at any time without prior warning if you fail to comply with these Terms of Use (including failure to pay fees when due), without limiting any other remedies to which we may be entitled. Furthermore, if we consider you have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Buyblitz.com site at any time. You may close your account at any time, provided that you have paid all amounts owed to us. You will remain liable for obligations related to your account even if it has been closed. Sections 7 and 9 of these Terms of Use will also continue to apply once your account has been closed. Under no circumstances will we be liable for any loss of profit or business opportunity that may result from the suspension or termination of your account – see section 9 below.
5. Content of Shopfront and Advertisements
As with any form of advertising, the content of your shopfront must comply with all relevant laws. These laws vary depending on the nature and location of your business and the goods and services offered. You represent and warrant that all content provided by you will comply with relevant laws. In particular, all content must not be misleading or deceptive, or likely to mislead or deceive users of the site, or infringe the intellectual property rights of any person. Please seek professional advice if you are unsure of your legal obligations or whether your content complies with applicable laws. Advertisements for some products (such as alcoholic beverages) may be prohibited or subject to specific restrictions. You are solely responsible for ensuring are in compliance with all such laws. We strongly urge retailers to comply with relevant industry and decency standards and codes of conduct. Although you are solely responsible for content provided by you, we reserve the right to edit or remove your content if we (in our sole and absolute discretion) consider that it conflicts with relevant laws, is inappropriate or otherwise fails to comply with these Terms of Use.
Your shopfront must only contain text, graphics or pictures relevant to the advertised goods or services or otherwise relevant to your business. Under no circumstances must offensive or sexually explicit content be included in your shopfront. All advertisements and content must clearly identify your business, including your business name, contact details and any other information required by law. All telephone and facsimile numbers and email addresses must be fully functional and regularly monitored.
You are required to advertise all prices in U.S. dollars. All delivery and other charges must be clearly stated. Your shopfront must not contain any virus, worm, trojan or other computer programming routines that may damage or interfere with our Website, computer system or data or that of any third party.
You represent and warrant that: (i) all advertising and content published by you on or in connection with Buyblitz.com complies with all relevant laws, is complete and accurate and is not misleading or deceptive, nor likely to be misleading or deceptive and does not infringe the rights of any third party; (ii) all goods or services advertised by you on this site comply with all relevant laws and are of a particular quality and suitable for the purpose for which they are intended; and (iii) you are legally entitled to carry on your business and hold all necessary permits, licenses, registrations, and authorizations and are not subject to any insolvency or bankruptcy proceedings.
6. Reviews, Comments, and other Content
Third parties may post reviews, comments, and other content on Buyblitz.com regarding your business, and also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” They may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content. We have the right to monitor and remove any activity or content at any time without notice. We take no responsibility and assume no liability for any content posted by any third party.
We grant to you via our licensors a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such third party content throughout the world in any media. We also grant to you the right to use the name that the third party submitted in connection with such content. You have the right to remove content at any time without notice, but may not edit such content for any purpose. You agree to indemnify, defend, and hold harmless Buyblitz.com for all claims resulting from licensors regarding the editing of the content they supplied.
7. Special Offers and Direct Marketing to Customers via Buyblitz.com
Buyblitz.com may offer features enabling your business to provide discount vouchers, special offers, gift certificates or other benefits via the site. You may impose such terms and conditions of such offers as you consider appropriate, provided that such terms are not inconsistent with these Terms of Use or any legal requirement. We do not take any responsibility in connection with any such benefits offered by you to customers.
Buyblitz may agree to distribute your advertisements and special offers by email to registered customers who have specifically agreed to accept such materials from your business and/or from businesses in your area or field of specialty. We will not sell or disclose personal information of registered customers to you for such purposes.
If you obtain and store the personal information of any registered users (including by reason of an order placed by a customer with you), you must only use that information for the purpose for which it was disclosed and must not use it for marketing purposes unless the individual has given his or her specific written consent for you to do so. In particular, you may not use personal information of registered users for sending unsolicited commercial messages. Credit card details and other personal information of customers obtained through their use of Buyblitz.com may only be retained and used as provided by applicable law. In particular, you must comply with all applicable privacy and anti-spam laws, as well as our Privacy Policy.
You are responsible for addressing and resolving any and all disputes with customers who have ordered goods or services from you through the Buyblitz.com site. If you believe that a registered user has acted illegally or violated the Terms of Use, please notify us at your earliest convenience.
8. External Websites
If your business has an external website in addition to your Buyblitz.com shopfront, you may create a link from your external website directly to your Buyblitz.com shopfront or to http://www.buyblitz.com. You must not create any link or frame to any other page within the Buyblitz.com site.
You agree that your Buyblitz.com shopfront will not contain any links to external websites. This requirement is necessary to protect the reputation and integrity of Buyblitz.com.
9. Intellectual Property
All trademarks and copyright (including text, images, audio, video files and other content) are owned or licensed by us unless otherwise indicated. Our IP statement applies to your use of these. “Buyblitz™” and “Where businesses get in and customers get on™” are trademarks owned or licensed by us. You must not use our trademarks or otherwise represent that we in any way endorse or are associated with your business except to the extent (i) they are connected to your shopfront, (ii) the use is expressly provided for in these Terms of Use, or (iii) we have given our prior written consent to the use.
We may make content available to you to use in your Buyblitz.com shopfront and advertisements on our site. Except as otherwise expressly stated herein, you do not have any exclusive right to such content and must not use it elsewhere (including on an external website of your business that is linked to Buyblitz.com).
You agree to grant us a non-exclusive, royalty-free, irrevocable, worldwide license to use and display the copyright and other intellectual property rights in the content of your shopfront in connection with the Buyblitz.com site. We will only use such rights as is necessary for the operation of Buyblitz.com and associated activities.
You shall not use any means of automatically searching or mining data from the site or in any way interfere or attempt to interfere with the proper working of our site or transactions with businesses advertising through our site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with Buyblitz.com, our system or data or that of any third party via our Website.
10. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this site. The information is provided “as is” and we do not represent that it is complete, current or free from errors or omission. You use this site at your own risk. We do not control the content posted by third parties, including the content of any messages or reviews, and we do not guarantee the accuracy, integrity, quality, or appropriateness of such content. Access to our site may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to this site will be continuous, uninterrupted, virus-free, or secure. We will, however, use reasonable care to maintain uninterrupted service on the site. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SOME LAWS MAY NOT BE EXCLUDED, INCLUDING CERTAIN PROVISIONS OF THE AUSTRALIAN TRADE PRACTICES ACT 1974. OUR LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE TOTAL VALUE OF THE PRODUCT (S) ORDERED THROUGH THIS SITE PAID TO USE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR TWO HUNDRED DOLLARS ($200), WHICHEVER IS LESS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Waiver and Release of Claims; Indemnification
To the extent permitted by law, you expressly agree to waive and release us from any and all claims, damages, losses, costs, or expenses in any way connected with a dispute you may have with any customer or other third party arising out of the use of the Buyblitz.com Website. You further agree to indemnify, defend, and hold us harmless against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) a breach of these Terms of Use; (ii) a breach of any terms or conditions entered into by you with any third party through the Buyblitz.com Website; (iii) any infringement of intellectual property rights on the Buyblitz.com Website; or (iv) a dispute between you and any customer or other third party arising out of the use of the Buyblitz.com Website.
12. General
Either party may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our respective businesses. You may not otherwise assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent.
Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your account to your designated email address. Please ensure that a valid email address is designated to your account at all times. Your primary point of contact with Buyblitz.com should be via the “Contact Us” tab on the Website menu. Any formal notices or communications should be sent to our postal address provided at the beginning of these Terms of Use. Notices sent by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether you have actually read the notice or not. Notices sent by mail should be sent by registered mail with pre-paid postage return receipt requested or by a recognized international courier, and will be deemed to have been received five (5) days following the date on which they were sent.
13. Dispute Resolution
These Terms of Use are governed by the laws of New South Wales, Australia, without regard to conflicts of law principles All disputes arising under these Terms of Use shall be submitted to binding arbitration in New South Wales, Australia under the Rules of Arbitration for the International Chamber of Commerce by one arbitrator mutually agreed upon by the parties in accordance with the aforementioned Rules. The arbitration shall be conducted in English. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by the Parties. Each party shall bear its own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees.
Terms of Use of Buyers and Sellers on General Site
Terms of Use – Buyers
These Terms of Use set forth the conditions on which you use the Buyblitz.com Website (“the Website”) and services offered by us through the Website. These Terms of Use are a contract between you and Buyblitz.com Pty Ltd (ACN 120 200 222) of PO Box 892, Bondi Junction, NSW 1355 Australia (“Buyblitz”, “we”, “us” or “our”). By using this Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations.
We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. Our Privacy Policy and IP statement published on the Website form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of this Website. A reference to these Terms of Use includes all such policies.
These Terms of Use apply to all users, whether you are a visitor simply browsing the Website or are a registered user. Separate terms of use apply to Sellers advertising via the Website.
These Terms of Use do not cover your legal relationship with Sellers pursuant to this Website, advertisers running advertisements through this Website, or any third party providers of services used in connection with the Website. The terms and conditions governing your relationship with such Sellers or advertisers shall be defined between you and such third parties.
1. Nature of Buyblitz.com
Buyblitz.com is a “Mega-Mall”, containing advertisements and information provided by third parties. We do not buy or sell goods ourselves. We are not involved in the actual transaction between you and Sellers advertising via our Website. Consequently, we do not have any control over and do not guarantee the quality, accuracy, safety, or legality of any items advertised or content posted by Sellers, the truth or accuracy of listings, or the ability of the Sellers to sell goods. In particular, we cannot ensure and do not guarantee that a Seller will actually complete a transaction or act lawfully in using our Website. See Paragraph 5 below. You are solely responsible for transactions between you and Sellers advertising via our Website, and in particular you must ensure that any form of payment provided for ordered goods is valid and that you provide payment as agreed upon. If you do not provide complete or accurate information, Sellers may not be able to provide you with ordered goods. Please note that Buyblitz does not have access to your credit card details, and does not store credit card or other personal financial information.
2. Eligibility to use Buyblitz.com
You are only entitled to use this Website if you are capable of forming legally binding contracts under relevant laws. In any event, you must be at least 18 years of age in order to use this Website. If we have reason to suspect this is not the case, we will be entitled to suspend or terminate your registration without notice. You must not use our Website or order particular goods if local laws prohibit you from doing so.
3. Use of Website
The information provided on the Website can be accessed free of charge. Registration is also free. For the benefits of registration, go to “Buyers get on”.
Sellers pay us a set fee for advertising on this Website. We do not charge you or Sellers a commission based on the amount or value of purchases made via this Website.
All information provided by you in your registration or to a Seller in connection with this Website must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case. If you register as a user, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with http://www.buyblitz.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorized access to or use of your personal information. Please refer to our Privacy Policy.
4. Suspension or cancellation of registration
We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Buyblitz.com Website at any time.
5. Sellers’ advertisements
Sellers are required to advertise all prices in U.S. dollars and to clearly state any additional charges. We receive advertisements for publication in good faith on the basis of representations given by Sellers. We do not endorse any goods advertised on this Website or make any warranty or representation that they are of a particular quality or suitable for any purpose. We do not pre-screen Sellers before they register to sell goods on the Website. It is your own responsibility to investigate the suitability of any goods advertised on this Website or verify the credentials of Sellers before engaging in any transactions, if you consider it necessary.
Notwithstanding the foregoing, please let us know if you believe any information or advertisement on this Website is inaccurate or misleading or conflicts with relevant laws.
As we are not involved in transactions and are merely a passive conduit for online advertising of Sellers’ goods, we have no involvement in, or control over, the terms on which they may chose to supply goods to you. Sellers are solely responsible for setting their own terms and conditions, including but not limited to terms and conditions of sale, payment, delivery and/or shipping, warranties, and returns, and as the Buyer, you assume all risk and liability of making purchases from any Seller with a listing on the Website. Also, there is no guarantee that any order placed with a Seller advertising on this Website will be accepted or filled by that Seller, particularly if you are not located in the region where that Seller resides and/or operates. It is understood that purchases are limited to the country in which a Seller resides and/or operates. Some Sellers may provide discount vouchers, special offers, gift certificates or other benefits via Buyblitz.com. The terms and conditions of such offers will be specified by the relevant Sellers, and will generally only be available to registered users. We do not take any responsibility for any such offers or benefits offered by Sellers. It is your sole responsibility to address and resolve any dispute that arises with any Seller advertising on this Website directly with that Seller. Buyblitz.com has no obligation to become involved with any such dispute.
6. Items Eligible for Purchase on Website
You may purchase on Buyblitz.com any item, provided that (a) it may be legally sold by you under all applicable laws, (b) its sale is not adult in content and/or offensive, and (c) its sale is not expressly prohibited by Buyblitz.com. It is your responsibility as a Buyer to know and comply with applicable laws and decency standards, as well as our rules prohibiting the sale of certain items, which are as follows: you cannot buy on Buyblitz.com (i) adult/offensive material or items by any applicable standards of decency; (ii) alcoholic beverages (except they are permitted for sale on the Buyblitz.com retailers site; (iii) animals, wildlife, or any items derived from the foregoing (except to the extent such items qualify as food on the Buyblitz.com retailers site); (iv) artifacts protected by state or federal law; (v) catalytic converters, to the extent prohibited by state or federal law; (vi) coins or currency; (vii) credit or debit cards; (viii) counterfeit stamps or reproductions of stamps, and/or equipment to print the same;(ix) coupons not issued by your storefront; (x) electronic surveillance equipment and/or material; (xi) embargoed goods;(xii) firearms, knives, or other weapons; (xiii) government-issued licenses; (xiv) hazardous or dangerous goods; (xv) human organs, parts, and/or remains; (xvi) food items (except on the retailer site); (xvii) IDs of any nature;(xviii) illegal or stolen electronics equipment; (xix) imported goods that do not comply with relevant import/export rules; (xx) items containing possible trade secrets, confidential or insider information, government secrets, or any other internal, non-public information of a business or government entity; (xxi) legal or illegal drugs, drug paraphernalia, or any related materials; (xxii) lock-picking devices; (xxiii) lottery or raffle tickets; (xxiv) materials encouraging or providing advice on how to commit illegal or terrorist activities; (xxv) medical devices of any nature; (xxvi) paraphernalia related to any crime or criminal act; (xxvii) personal information or mailing lists; (xxviii) poisons or pesticides; (xxix) political memorabilia; (xxx) postal equipment or meters; (xxxi) police-related items; (xxxii) prohibited plants, weeds, or seeds;; (xxxiii) recalled items (see the U.S. Consumer Product Safety Commission website at http://www.cpsc.gov/); (xxxiv) reproductions of art which infringe the artist’s copyright in violation of federal law; (xxxv) securities; (xxxvi) slot machines; (xxxvii) stolen goods; (xxxviii) testing materials, which include the tests and/or answers for any teacher, professor, educational institution, or standardized testing organization; (xxxix) tobacco or tobacco-related products; (xl) uniforms, excluding school or sports uniforms; and (xli) used cosmetics; and (xlii) counterfeit designer clothes, shoes, handbags, and other items which infringe a third party’s copyright. We reserve the right (but do not have the obligation) to delete or remove any inappropriate listings placed on our Website, and to suspend or terminate such Sellers from our Website. We do not regularly review posted listings or police the Website to ensure the appropriateness of listings. If you become aware of an inappropriate listing, please notify us at the postal addressed listed at the beginning of the Terms of Use, or at our email address, which is info@buyblitz.com.
7. Reviews, Comments, and other Content
You may post reviews, comments, and other content on Buyblitz.com regarding Sellers, and also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and to grant sublicenses to third parties, including the businesses to which such content was directed. You grant to us and our sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, and that the use of the content you supply does not violate these Terms of Use hereunder. You agree to indemnify, defend, and hold harmless Buyblitz.com and our sublicensees for all claims resulting from the content you supply. We have the right to monitor and remove any activity or content at any time without notice. Our sublicensees also have the right to remove content at any time without notice. We take no responsibility and assume no liability for any content posted by you or any third party.
8. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, please provide us with the following:
(a) the name of the owner and a signature of the person authorized to act on behalf of the intellectual property interest that is alleged to be infringed;
(b) a description of the work, product, or other intellectual property that you claim has been infringed;
(c) a description of where the material is located on the Website;
(d) your address, telephone number, and email address;
(e) a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and
(f) a statement by you made under penalty of perjury that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
All intellectual property infringement complaints should be directed to us at postal address listed at the beginning of the Terms of Use.
9. Intellectual Property
All trademarks and copyright (including text, images, audio and video files) are owned or licensed by us unless otherwise indicated. Except to the extent that the content is owned by you, you may not copy or distribute any portion of the Website or content without the express written permission of us or our licensors as appropriate.
Our IP statement applies to your use of these. You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper working of our Website or transactions with businesses advertising through our Website. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with Buyblitz.com, our system or data or that of any third party via our Website.
10. Third party websites
This Website may contain links to other websites of Sellers, advertisers or other third parties which are not maintained or controlled by us. We do not endorse, accept any responsibility for the content or use of any third party websites, or make any representations about the information, products, or materials found on such third party websites. We reserve the right but do not have the obligation) to delete or remove any links to websites containing such content. We do not regularly review the posted content to external websites linked to our website. We take no responsibility and assume no liability for any content posted by any third party on an external website.
11. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this Website. The information is provided “as is” and we do not represent that it is complete, current, or free from errors or omissions. We do not control the content posted to the Website or linked to the Website through third party websites, including the content of any messages, reviews, websites linked to our Website, and we do not guarantee the accuracy, integrity, quality, or appropriateness of such content. The use of this Website and any third party websites linked to our Website is at your own risk. Access to our Website or any third party websites may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to this Website or any third party websites will be continuous, uninterrupted, virus-free, or secure. We will however, use reasonable care to maintain uninterrupted service on the Website. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SOME LAWS MAY NOT BE EXCLUDED, INCLUDING CERTAIN PROVISIONS OF THE AUSTRALIAN TRADE PRACTICES ACT 1974. %3
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