Terms and Conditions

These Terms and Conditions govern your use of our Website located at www.ozebuddy.com ("Website") and using the Website constitutes your acceptance of a binding contractual agreement between you, the user of the Website and us. In these terms and conditions "Your/You" means any user of the Website."Us/We/Our" means OzeBuddy Pty Ltd.

For that reason these Terms are important and You should ensure that You read them carefully and contact us with any questions before you use the Website. You can contact us on admin@ozebuddy.com

By using the Website You acknowledge and agree that You have had sufficient opportunity to read and understand the Terms and You agree to be bound by them. If You do not agree to the Terms, You must not use the Website.

  1. Licence to use Website.
    1. We grant You a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
    2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
    3. You must not add any content to the Website:
      1. Unless it is a Personal Profile or a post on a discussion board or forum as set out in clause 4 and 5;
      2. Unless You hold all necessary rights, licences and consents to do so;
      3. That would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
      4. That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      5. That would bring Us, or the Website, into disrepute; or
      6. That infringes the intellectual property or other rights of any person or other legal entity.
    4. The Website contains links to other Websites as well as content added by people other than Us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked Website.
    5. You acknowledge and agree that:
      1. We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in Our sole discretion; and
      2. the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
    6. You agree to abide by all applicable local, state, national and international laws and regulations in Your use of the Website.
    7. In the event of any inconsistency between these Terms and any binding mandatory or statutory consumer rights, then the Terms of those rights shall apply, but only to the extent of any inconsistency.
  2. Intellectual Property Rights
    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between You and Us, We own all intellectual property rights in the Website.
    2. By posting or adding any content onto the Website, You grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit Us to authorise any other person to do the same thing.
    3. You consent to any act or omission which would otherwise constitute an infringement of
      Your moral rights, and if You add any content in which any third party has moral rights,
      You must also ensure that the third party also consents in the same manner.
    4. The licence in clause 2.3 will survive any termination of these Terms.
    5. You represent and warrant to Us that You have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
  3. Charges for use of the Website
    1. There is free access to parts of the Website, but access to certain features may be subject to subscription charges.
    2. Details of any current subscription charges for the Website are listed on the subscribe page.
    3. Should you wish to use parts of the Website that are subject to subscription charges, then you agree to complete the relevant subscription form, and make payment by credit or debit card.
    4. Subscription charges are non-refundable.
  4. Personal Profile
    1. The primary purpose of the Website is to facilitate connections between users of the Website for the purposes of establishing connections, friendships and relationships focused on mutual interest in fitness and wellbeing.
    2. On accepting these terms and conditions, You will be given opportunity to create a Personal Profile that will be available for viewing on the Website and viewable by any member of the public.
    3. You acknowledge that We remain entitled (but under no obligation) to review any content, messages, profile or part of profile, video, photograph, or any other content uploaded to the Website by any user, and We may, without consultation with You, review or delete any content that in Our judgement violates the terms and conditions of Our Website, or which might be offensive, illegal or could threaten the safety or rights of any other person.
    4. We are not responsible or liable to any person for the content or accuracy of any content posted by any member on the Website, and by posting any content to the Website, You irrevocably warrant and represent that You have the right to grant a licence for Us to use that content.
  5. Your undertakings
    1. You agree:
      1. Not to use the Website for any unlawful purpose;
      2. Not to interfere with or disrupt the Website or any server or network connected to the Website;
      3. Not to publish, promote, link to, refer to, or send to any other member, any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, sexual, sexually suggestive, offensive, racist, homophobic, overtly political, religiously intolerant or otherwise objectionable material, on, via or in the course of using the Website;
      4. Not to publish on or off the Website, either in a Personal Profile or on any discussion board, helpdesk, by email, by letter or by any other means, any abusive, offensive, libellous, threatening or otherwise objectionable messages to staff of Ozebuddy, make libellous or offensive allegations about the Website or its staff or other members, to other members or third parties;
      5. Not to use the Website in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another;
      6. Not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Website;
      7. Not to use the Website in a manner that may transmit any matter containing a virus, corrupted file or any other hostile program or software;
      8. Not to transmit 'junk mail', 'spam', 'chain letters', or unsolicited mass distribution of marketing or other materials or communications, including (without limitation) those connected to pyramid selling schemes, not to use the internal mailing system, any discussion boards or the Personal Profile or any other part of the Website to promote events, charities, businesses or services, or to make financial requests;
      9. Not to interfere with the use and enjoyment of the Website by either users;
      10. To never send money or request money from somebody You have met on Ozebuddy.
    2. You agree not to include in your Personal Profile or in any discussion board, any personal information (including telephone number, street address, last name, social media profile, or any information) that will enable people to contact you outside the Website.
  6. Warranties
    1. You represent and warrant to us that:
      1. You have the legal capacity to enter these Terms and
      2. You have complied with clause 1.3.
  7. Liability
    1. You acknowledge that We, to the full extent permitted by law, exclude and disclaim any liability that may arise from Your use of the Website, including but not limited to death, personal injury, property loss or damage, theft, loss of data, interruption of business or any consequential or incidental damages.
    2. To the full extent permitted by law, We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
    4. You acknowledge that We do not conduct any investigation or screening of any person who may post a Personal Profile on the Website, or post on a discussion board or forum, We do not make any recommendations of people who may or may not be compatible with You for connections, friendship or relationships, and We do not organise any events to facilitate the making of connections, friendships or relationships.
  8. Indemnity
    1. You indemnify and hold Ozebuddy and its offices and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees made by any third party or incurred or suffered by Ozebuddy or its offices and employees arising from any breach of these terms, the content You have transmitted to or through the Website, the content of Your Personal Profile, Your use of the Website, or in any other way arising from Your use of the Website.
  9. Termination
    1. These Terms terminate automatically if, for any reason, We cease to operate the Website.
    2. We may otherwise terminate these Terms immediately, on notice to You, if You have breached these Terms in any way.
  10. General
    1. You must not assign, sublicence or otherwise deal in any other way with any of Your rights under these Terms.
    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    4. This Agreement is governed by the laws of the State of New South Wales and the Commonwealth of Australia, and each party submits to the jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.

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