Company Legals, Trademarks and Intellectual Property

Some simple terms of use regarding the Buddi Bandz website and other content we provide

The terms and conditions set forth below ("Terms") govern your use of the website located at www.buddibandz.com.au and other subdomains and sites operated by BUDDI BANDZ Pty Limited (the "Site"). These terms are a legal contract between you and Buddi Bandz ("BUDDI BANDZ" or "we"), a Buddi Bandz Holdings Pty Limited group company. BUDDI BANDZ provides online information. By accessing and using this Site, you agree to be legally bound by and to comply with the Terms. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site or the Terms, and we will post notice of changes to these Terms and the updated Terms on the Site. Your continued user of this Site after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes.

Copyright, Trademarks and Content

The contents of this Site, including, but not limited to, information, text, graphics and images, trademarks, brands and logos (excluding Submissions (defined below)) (the "Content") are protected by intellectual property laws. The title to the Content shall not pass to you or to any other user of this Site and shall remain with BUDDI BANDZ. BUDDI BANDZ Holdings Pty Limited owns the names, trademarks and logos on the Site that are used for the company's business and those of the company's products and services mentioned in this site, and these names are protected by intellectual property rights laws. All other trademarks, names and logos on the Site are the property of their respective owners. You agree not to display or use any BUDDI BANDZ names, logos or trademarks in any manner without BUDDI BANDZ prior written consent.

BUDDI BANDZ hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and use the services offered on the Site solely for your personal, non-commercial use if you are an individual and solely for business use if you are an organisation or agent of your organisation. You are authorised to view, e-mail, download, or print copies of the Content solely for your personal, non-commercial use. Whenever you e-mail, download, or print copies of the Content, you must include all copyright and other notices that are included in the Content, including, without limitation, any copyright notices at the bottom of the page. The Content may not be reproduced, transcribed, stored in a retrieval system, translated into any natural or computer language, re-transmitted in any form or by any means (electronic, mechanical, photographic, recorded, or otherwise), resold, or redistributed without the prior written consent of BUDDI BANDZ.

Except as expressly permitted in these Terms, you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. You may not "frame" this Site or any of the content therein, and you agree not to copy any portion of this Site to a server.

The use of the Content on any other website or in any other networked computer environment for any purpose is expressly prohibited without prior written approval from BUDDI BANDZ. Additionally, You agree not to present any links to this Site in such a way that they are associated with advertising or appear to be an endorsement of any organization, product, or service; and you agree not to place links to this Site on any websites that are obscene, defamatory, harassing, grossly offensive, or malicious, as determined by BUDDI BANDZ in its sole discretion.

BUDDI BANDZ reserves the right to revoke these limited licenses generally at any time, and, the foregoing limited licenses will terminate automatically, without notice to you, if you breach any of these Terms. Upon termination or revocation of a license, you agree to remove and disable any and all of your links to this Site immediately and/or immediately destroy any downloaded or printed Content, as applicable. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or Content on any legal basis. All rights not expressly granted by these terms and conditions are reserved. If you use the Content in a way that is not expressly allowed by these Terms, you will be violating copyright, trademark and/or other intellectual property rights laws.

The use of any software that BUDDI BANDZ makes available for download from the Site will be governed by the separate end user license agreement applicable to each software download.

Promotions

This Site may contain or offer sweepstakes, programs or other promotions, which may be governed by a separate set of rules and/or terms and conditions ("Special Terms") that describe and/or govern the sweepstakes, program or promotion and may have eligibility requirements (e.g., age or geographic restrictions). It is your responsibility to read the Special Terms to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, program or promotion. In the event of any conflict between these Terms and any Special Terms, the terms of the applicable Special Terms will take precedence over the conflicting portions of these Terms for the specific sweepstakes, program or other promotion that is the subject of those Special Terms.

Copyright and Trademark Infringements

Notification:

BUDDI BANDZ respects the intellectual property of others, and we ask you to do the same. BUDDI BANDZ may, in appropriate circumstances and at our discretion, terminate access to the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on the Site, please provide BUDDI BANDZ the following information:

• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BUDDI BANDZ to locate the material Information reasonably sufficient to permit BUDDI BANDZ BAL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• BUDDI BANDZ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

Buddi Bandz

PO Box 244

Bondi Junction, NSW 1355

Sydney, Australia

By e mail:

Email: theteam@buddibandz.com.au

Please also note that for copyright infringements under local/regional Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel  to confirm these requirements):

• A physical or electronic signature of the user
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
• A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
• The user's name, address, and telephone number, and a statement that the user consents to their local/regional jurisdiction for the judicial district in which the address is located, or any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
• Such written notice should be sent to our designated agent as follows:

By mail:

Buddi Bandz

PO Box 244

Bondi Junction, NSW 1355

Sydney, Australia

By e mail:

Email: theteam@buddibandz.com.au

Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through to BUDDI BANDZ set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranties

BUDDI BANDZ MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, CONTENT, SUBMISSIONS OR SERVICES PROVIDED ON THIS SITE, OR THE USE OF OR RELIANCE ON ANY OF THE FOREGOING. THEREFORE, YOUR USE OF THIS SITE IS AT YOUR OWN RISK. BUDDI BANDZ PROVIDES THE SITE, CONTENT, SUBMISSIONS AND SERVICES OFFERED ON THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. BUDDI BANDZ, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BUDDI BANDZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, CONTINUITY, OR TIMELINESS OF ANY INFORMATION, MATERIAL, SOFTWARE, TEXT, GRAPHICS, LINKS, VIEWS, OPINIONS, STATEMENTS OR COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS, PRESENTED AND/OR PROVIDED ON OR THROUGH THE SITE, AND BUDDI BANDZ HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING. BUDDI BANDZ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE THAT MAY BE INSTALLED ON YOUR COMPUTER, AND YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF COMPUTER VIRUSES, SPYWARE OR MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Limitation of Liability

Neither BUDDI BANDZ nor any person or company associated with BUDDI BANDZ shall be liable for any damages whatsoever resulting from your use or inability to use this site, content OR ANY SERVICES, INFORMATION, MATERIAL, SOFTWARE, TEXT, GRAPHICS, LINKS, VIEWS, OPINIONS, STATEMENTS OR COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS, PRESENTED AND/OR PROVIDED ON OR THROUGH THE SITE ("this protection"). This protection includes all claims, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE), strict liability, or any other legal theory, and whether or not BUDDI BANDZ is advised of the possibility of such damages. This protection covers all losses, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, and punitive damages; lost profits; and damages resulting from lost data or business interruption.

Local Laws; Export Control

BUDDI BANDZ controls and operates this Site from its headquarters in Australia and the Materials may not be appropriate or available for use in other locations. If you use this Site outside Australia, you are responsible for following applicable local laws.

General

If you violate these Terms, BUDDI BANDZ may terminate your access to the Site without notice. New South Wales law and controlling Australian federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in New South Wales. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. BUDDI BANDZ failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and BUDDI BANDZ and supersede any prior or contemporaneous negotiations, discussions or agreements between you and BUDDI BANDZ related to the subject matter of these Terms. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.