WEBSITE TERMS AND CONDITIONS OF USE

1.    About the Website

  • Welcome to https://www.mybuddygard.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
  • The Website is operated by My Buddy Gard PTY. LTD. (ABN 86 247 477 939)  . Access to and use of the Website, or any of its associated Products or Services, is provided by My Buddy Gard. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • My Buddy Gard reserves the right to review and change any of the Terms by updating this page at its sole discretion. When My Buddy Gard updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    Acceptance of the Terms

  • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by My Buddy Gard in the user interface.
  • If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3.    Registration to use the Purchase Services

  • In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address
    • Preferred username
    • Mailing address
    • Telephone number
    • Password
    • NDIS Number
  • You warrant that any information you give to My Buddy Gard in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
  • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
    Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
  • You may not use the Purchase Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with My Buddy Gard; or
    • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.    Your obligations as a Member

  • As a Member, you agree to comply with the following:
  • You will use the Purchase Services only for purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify My Buddy Gard of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of My Buddy Gard providing the Purchase Services;
    • you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by My Buddy Gard for any illegal or unauthorised use of the Website; and
    • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5.    Purchase of Products and Returns Policy

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
  • Payment of the Purchase Price may be made through Eway, PayPal, Master Card, Visa, Payoneer, Transferwise (the ‘Payment Gateway Provider‘)
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by My Buddy Gard, you will be issued with a receipt to confirm that the payment has been received and My Buddy Gard may record your purchase details for future use.
  • My Buddy Gard may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
  • Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
    In order to contract with www.mybuddyguard.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.mybuddyguard.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
    This will usually be www.mybuddyguard.com.au or may in some cases be a third party. Where a contract is made with a third party www.mybuddyguard.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

    When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes and review every 3 months.

6.    Warranty

  • My Buddy Gard’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
  • You may make a claim under this clause (the ‘ Warranty Claim‘) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘ Warranty Period‘).
  • In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to My Buddy Gard showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to My Buddy Gard at 22 Mount view road Upper Ferntree Gully, Melbourbe, Victoria, 3156 or by email at feedback@mybuddygard.com.au.
  • Where the Warranty Claim is accepted then My Buddy Gard will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
  • The Warranty shall be the sole and exclusive warranty granted by My Buddy Gard and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
  • All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
  • The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7.    Delivery

  • You acknowledge that the Purchase Services offered by My Buddy Gard integrate delivery (the ‘ Delivery Services‘) through the use of third party delivery companies (the ‘ Delivery Service Providers‘).
  • In providing the Purchase Services, My Buddy Gard may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that My Buddy Gard is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
  • In the event that an item is lost or damaged in the course of the Delivery Services, My Buddy Gard asks that you:
    • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
    • contact us by sending an email to feedback@mybuddygard.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8.    Copyright and Intellectual Property

  • The Website, the Purchase Services and all of the related products of My Buddy Gard are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by My Buddy Gard or its contributors.
  • My Buddy Gard retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of My Buddy Gard; or
    • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of My Buddy Gard and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by My Buddy Gard, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    (a) use the Website pursuant to the Terms;
    (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
    (c) print pages from the Website for your own personal and non-commercial use.

  • My Buddy Gard does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by My Buddy Gard.
    My Buddy Gard retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
    (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
    to you.
    You may not, without the prior written permission of My Buddy Gard and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9.    Privacy

  • My Buddy Gard takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to My Buddy Gard’s Privacy Policy, which is available on the Application.

10.  General Disclaimer

  • You acknowledge that My Buddy Gard does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • My Buddy Gard will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • My Buddy Gard will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the Purchase Services, and any of the products of My Buddy Gard (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of My Buddy Gard, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of My Buddy Gard (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of My Buddy Gard) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • the Content or operation in respect to links which are provided for the User’s convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
    • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of My Buddy Gard make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of My Buddy Gard) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      (c) costs incurred as a result of you using the Website, the Services or any of the products of My Buddy Gard; and
      (d) the Services or operation in respect to links which are provided for your convenience.
      9.4. My Buddy Gard relies on location information, such as GPS as well as 3rd party telecommunication networks and depends on your Device’s ability to acquire a GPS satellite, (typically not available indoors) a WiFi signal or network coverage. Network coverage and WiFi and satellite signals are dependent on a number of factors outside the control of My Buddy Gard, including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. GPS location readings are inherently subject to “drift” which can affect accuracy in varying increments. The My Buddy Gard App collects your unique user identifier and precise or approximate location information as determined through data such as GPS and WiFi positioning. During the following scenarios location information cannot be sent to our servers: no coverage, no data service on the SIM in the device, if you turn the device off or the battery goes flat. Users of the My Buddy Gard app will receive alert notifications regarding your activity when you arrive or leave assigned location points and when the SOS is activated. In delivering our services, we may use your Personal Information to assist with our technical and/or customer support (for example we may use your Personal Information to verify identity, assist with identification of users, and to determine appropriate services) or to allow us to perform diagnostics on your device including historical and tracking record reports to analyse the performance of your device.

      You understand and expressly limit and agree to hold harmless My Buddy Gard, its officers and employees in relation to any and all harms that result from the Device or Services not working, malfunctioning, or failing due to any of these factors. You also understand that our monitoring platforms rely on hosting services which may be unavailable at some point during the year due to maintenance. The data plan you have chosen allows for a specified number of SMS alerts or voice minutes each month, additional SMS alerts or voice minutes will be charged at a rate of $0.20c per SMS or minute and will be billed in the month following the usage. The SIM card supplied in your My Buddy Gard watch is configured to work in My Buddy Gard watches only. Removing the SIM from the watch and attempting to use it in another device will result in your service being cancelled and the SIM service deactivated. My Buddy Gard is configured for operation within Australia if you travel outside the country an International Roaming plan will need to be purchased to continue its use overseas.
      Call our office or email us before departure.

11.  Limitation of Liability

  • My Buddy Gard’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of My Buddy Gard is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that My Buddy Gard, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • My Buddy Gard is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of My Buddy Gard, by third parties or by any of the Purchase Services offered by My Buddy Gard.
  • You acknowledge that My Buddy Gard does not provide the Delivery Services to you and you agree that My Buddy Gard will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
  • By using My Buddy Gard Products & Services you agree to all the Privacy Statements and Terms & Conditions outlined throughout My Buddy Gard or any other affiliated websites including to the outlined statements below;
    (a) My Buddy Gard watch has an auto-answer function which allows the user to dial in and listen via the app. This function may deem My Buddy Gard watch as a listening device but it does not record or retain any audio recordings.
    (b) My Buddy Gard is available in various jurisdictions and does not warrant the legality of this auto-answer function. You may request for this auto-answer function to be permanently disabled by submitting a request with My Buddy Gard.
    (c) The user should only use this function after making prudent enquiries and being satisfied that it does not breach any surveillance or privacy laws in the subject jurisdiction. For more information, please refer to the link here: https://mybuddygard.com.au/gps-tracking-laws/ or obtain independent legal advice.
    (d) Users use this auto-answer function at their own risk and assumes all legal responsibility from their actions. In using the auto-answer function, the user indemnifies My Buddy Gard for any loss or damages (including legal fees on an indemnity basis) against all claims, demands, proceedings and actions arising from the misuse of the My Buddy Gard watch or its functions.
    (e) Subject to the indemnification provided above, the liability of My Buddy Gard to the user or the watch bearer arising out of the use of the My Buddy Gard watch or its functions shall be limited to the cost of the watch only.
    1You must start and use your vehicle at least once a month for a day to put some charge back into the vehicle/asset battery to avoid it from getting depleted.
    My Buddy Gard and or any affiliated companies are not liable when vehicle battery gets depleted due to not starting your vehicle/asset for long periods of time.

12.  Termination of Contract

  • The Terms will continue to apply until terminated by either you or by My Buddy Gard as set out below.
  • If you want to terminate the Terms, you may do so by:
    • notifying My Buddy Gard at any time; and
    • closing your accounts for all of the Purchase Services which you use, where My Buddy Gard has made this option available to you.
    • To cancel and stop monthly billing of any of the Buddy SIM Plans utilising My Buddy Gard provided sim card, you agree to return the sim card back to My Buddy Gard at 22 mount view road, upper ferntree gully, Victoria, Australia, 3156. 
  • Your notice should be sent, in writing, to My Buddy Gard via the ‘Contact Us’ link on our homepage.
  • My Buddy Gard may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • My Buddy Gard is required to do so by law;
    • the partner with whom My Buddy Gard offered the Purchase Services to you has terminated its relationship with My Buddy Gard or ceased to offer the Purchase Services to you;
    • My Buddy Gard is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    • the provision of the Purchase Services to you by My Buddy Gard is, in the opinion of My Buddy Gard, no longer commercially viable.
  • Subject to local applicable laws, My Buddy Gard reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts My Buddy Gard’s name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and My Buddy Gard have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13.  Indemnity

  • You agree to indemnify My Buddy Gard, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    • any breach of the Terms.

14.  Dispute Resolution

  • Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice:
    A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
    On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
    • Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 40 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in Melbourne, Victroria, Australia.
  • Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation:
    If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15.  Venue and Jurisdiction

  • The Purchase Services offered by My Buddy Gard is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16.  Governing Law

  • The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17.  Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18.  Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
    Aftermarket Diclaimer
    Find our Aftermarket Disclaimer from HERE

Approved by

Signature:
   
Full Name: Siim Konks
   
Date: 25th of February 2020

 

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