BUYZ USER AGREEMENT

Welcome to Buyz Proprietary Limited's (“Buyz”) User Agreement. Please take a few moments to read the User Agreement (“Agreement”) prior to using our web site. This Agreement outlines the terms and conditions that govern your use of our web site at www.buyz123.com (our “Web site”), including the application of any information contained within it.

Should you have any questions or wish to clarify the meaning of any clause contained in the Agreement, please contact Buyz prior to using this Web site.

This Agreement was last updated on 13 Oct 2008 . Please check back regularly to see the current terms and conditions of the Agreement.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority.

1. Acknowledgment and acceptance of the Agreement

The Buyz123.com Web site is owned and operated by Buyz Proprietary Limited (ABN 34 125 449 041, ACN 125 449 041). By accessing, browsing or using this Web site, you agree to these terms, conditions and disclaimers as amended from time to time in the Agreement, or related policies, and acknowledge and agree that you have read and understood the Agreement.

By downloading any of the information on this Web site, viewing pages on this Web site and/or by completing the registration process to become a registered user of Buyz, you expressly agree to be bound by this Agreement.

2. Amendments to Agreement

Buyz may amend the Agreement and/or related policies, such as the Buyz Privacy Statement, from time to time. Any amendment will be effective immediately upon notice by e-mail, conventional mail service, or any other means of communication, including notification in this section of this Web site. Your continued use of this Web site after any amendment becomes effective, constitutes an agreement by you to abide by and be bound by these terms and conditions as so amended.

If you do not agree with such changes to this Agreement (or any of our policies), you must terminate your membership of Buyz. If, after any such changes to this Agreement or any of our policies you continue to be a member of our Web site, you will be considered by us to have accepted the varied terms as part of the Agreement.

3. Disclaimer

YOU UNDERSTAND AND AGREE THAT:

 

1. THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED BY BUYZ Pty Ltd IN GOOD FAITH ON AN “AS IS” BASIS AND IS USED SOLELY AT YOUR OWN RISK. THIS INFORMATION IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND BUYZ Pty Ltd, Buyz123.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS ACCEPTS NO RESPONSIBILITY FOR ANY ASSUMPTIONS BASED OR DERIVED FROM ANY INFORMATION DISPLAYED OR ASSUMED.
   
2. BUYZ Pty Ltd, Buyz123.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
   
3. BUYZ Pty Ltd, Buyz123.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS EXPRESSLY CANNOT GUARANTEE (i) CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO OUR WEB SITE; (ii) THAT ANY ERRORS WILL BE CORRECTED; (iii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (iv) THAT THE QUALITY OF GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS.
   
4. NEITHER BUYZ Pty Ltd, Buyz123.com NOR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, RECOMMENDATION OR OTHER INFORMATION DISPLAYED ON THE WEB SITE.
   
5. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY MATERIAL INCLUDING, BUT NOT LIMITED TO INFORMATION, GRAPHICS, LINKS OR VIDEOS, OR OTHERWISE OBTAINED THROUGH THE WEB SITE. DOWNLOADING ANY MATERIAL ON THE WEBSITE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND NEITHER BUYZ Pty Ltd, Buyz123.com NOR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS WILL BE LIABLE FOR ANY RESULTING DAMAGE OR LOSS.
   
6. BUYZ Pty Ltd, Buyz123.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE.
   
7. BUYZ Pty Ltd, Buyz123.com NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL HAVE ANY LIABILITY ARISING FROM YOUR PURCHASE OF THIRD PARTY PRODUCTS OR SERVICES BASED UPON THE INFORMATION DISPLAYED ON THE WEB SITE.
   
8. The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Buyz Pty Ltd nor Buyz123.com. Buyz Pty Ltd nor Buyz123.com monitors or reviews the Linked Sites, and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Buyz123 Pty Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. Buyz Pty Ltd and Buyz123.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Buyz Pty Ltd of the site or any association with its operators. You agree to use these Linked Sites at your own risk.
   
9. BUYZ Pty Ltd, Buyz123.com NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL HAVE ANY LIABILITY ARISING FROM YOUR PURCHASE OF PRODUCTS OR SERVICES OBTAINED FROM LINKED SITES OR SPONSORS.
   
10. All information in buying guides should be checked against manufacturer specifications of individual products.

4. Limitation of Liability

4.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL BUYZ Pty Ltd , Buyz123.com, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, INJURY OR ANY DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, AS A RESULT OF: (i) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THE WEBSITE, OR (ii) YOUR INABILITY TO ACCESS OR USE THE INFORMATION OR FEATURES AVAILABLE ON THE WEB SITE, (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR (iv) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE (v) ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUYZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR (vi) ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEB SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BUYZ Pty Ltd, Buyz123.com, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS ARISING OUT OF YOUR USE OF THE WEB SITE.

4.2 AS SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

4.3 TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, THE LIABILITY OF BUYZ Pty Ltd, Buyz123.com AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO (a) THE RE-SUPPLY OF THE RELEVANT SERVICE; OR (b) THE PAYMENT OF THE COST OF HAVING THAT SERVICE RESUPPLIED.

5. Indemnity

You agree to indemnify and hold Buyz and its subsidiaries, affiliates, officers, agents, employees, representatives and licensors, harmless from any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your connection to the Service, or your violation of any laws or the rights of a third party.

6. Use of Web site

Buyz123.com is a web site that provides a range of services for consumers.

Service available to casual users:

• Access to consumer information and buying guides on products
• Three step process for buying the best product

Additional services available for registered users:

• Personalized research page
• Checklist
• Link tracking
• Notepad
• Scams
  

The site uses "Cookies" to manage logged in users. If cookies are disabled on your computer, you will not be able to access the content of this Web site.

In using the Web site, you understand and agree that the Website may include advertisements and that these advertisements are necessary for Buyz to provide its service.

Unless explicitly stated otherwise, any new features that augment or enhance the current Web site's services shall be subject to the Agreement.

You are responsible for obtaining access to the Web site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for any third-party fees such as these, as well as any fees associated with the display or delivery of advertisements. Furthermore, you are responsible for any equipment you use in order to access the Web site.

7. Use of content on our Web site

Content on this web site is for personal use only and may not be modified, re-written, copied, reproduced, re-sold or re-distributed, broadcasted or circulated, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of Buyz.

If you want to reproduce any of the information on this site it is preferred that you link to the original page rather than copying content. If you are seeking permission to link to content, please contact us at admin@buyz123.com.

You acknowledge that Buyz may or may not pre-screen content on its Web site, and you agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information. In this regard, you acknowledge that you may not rely on any information posted on the Web site. Similarly, in recognizing the global nature of the Internet, you recognize and agree that the content and information on the Web site may not be relevant to your country, and as a result, Buyz Pty Ltd, and Buyz123.com accepts no responsibility for any misunderstanding, loss or damage that might arise out of or in any way connected with this information.

At no time, should information on the Web site be a substitute for seeking professional advice. Where applicable, always consult professional advice from experts unrelated to the Web site before making any decisions regarding purchase of goods and services. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed on the Web site, or linked to the Web site, is at your own risk.

Before making any third party purchases of products or services, it is essential you carry out all necessary research regarding price, product quality, warranties, and all other information you might require in order to make an informed decision and subsequent purchase. Buyz Pty Ltd, Buyz123.com, nor related bodies shall have any liability arising from your purchases of third party products or services based upon the information displayed on the Web site (see section 3).

In the event that you enter into any dealings with advertisers on our site, such as, but not limited to, purchasing products or services, and/or participating in promotions, you are solely responsible for any loss or damage of any sort that arises from such dealings. You agree that Buyz shall not be responsible for any loss of damages arising between you and any advertisers on the Web site, whether through any such dealings with them, or as a result of their presence on the Web site.

You acknowledge that the Web site may contain links to external sites, and Buyz is not responsible for the availability of these links, nor does it endorse material on these Linked Sites. Furthermore, Buyz is not liable for any content, products, and/or advertising on such Linked Sites. You agree to use these Linked Sites at your own risk (see section 3).

8. Registration and Membership

Before you may become a member of our Web site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Buyz's Privacy Statement.

In registering to the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Australia or other applicable jurisdiction. You also agree to complete the registration form in full with complete, current, true and accurate information about yourself. If you provide any information contrary to this, or Buyz has reasonable grounds to suspect that such information has been submitted, Buyz has the right to suspend or terminate your account and refuse any and all current or future use of the Web site. Furthermore, m embership of Buyz is a privilege, not an entitlement, and Buyz may change its services and suspend, terminate or restrict your membership at any time without notice.

You agree and accept that Buyz may terminate your account immediately without prior notice in the event of, but not limited to: (a) a breach or violation of the Agreement, (b) a request by you to terminate your account, (c) unforeseen technical problems with the Web site, (d) alterations to the Web site's content and features, (e) your account being inactive for an extended period of time, (f) you engaging in illegal or fraudulent activities, (g) requests by law enforcement or other agencies.

In the event that your account is terminated, you will lose access to all areas of the Web site that require membership, including but not limited to your Notepad and Checklists. Furthermore, your UserID and password will be deleted, as well as any information and content saved in, or associated with your account; and you may be prohibited from re-registering as a member.

Furthermore, you agree that Buyz reserves the right to terminate your account at its sole discretion, and that Buyz will not be held liable to you or any third party for all or any claims resulting from your termination.

You also understand and agree that registering as a member to the Web site may include certain communications from Buyz, such as service announcements or administrative messages, and that these communications are considered part of Buyz membership and you may not be able to opt out of receiving them.

So long as you are a member of Buyz you must maintain control of your account. You are responsible for ensuring your password and UserID remain confidential You are fully responsible for what occurs on your account and must agree to immediately report any unauthorized use of your account or UserID, as well as ensure you log out of your account at the end of each session. Buyz is not liable for any loss or damage incurred arising from the unauthorized use of your account. Furthermore, you understand and agree that Buyz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings in any of the Web site's features such as, but not limited to, the information saved in your Checklist or Notepad.

You acknowledge that Buyz may limit and determine, without prior warning, the maximum number of days that information saved in your Checklist or Notepad will be retained by the Web site. You further acknowledge that accounts left inactive for an extended period of time, may be logged off by Buyz, and any resultant loss of material, or unsaved work, is solely your responsibility and Buyz will not be held liable for this loss.

9. Conduct of members

You agree to not use the Web site to:

1. email any comments considered harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, to any of the Web site's editors, experts, staff or employees;
   
2. "stalk" or otherwise harass another;
   
3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   
4. upload, post, email or transmit any malicious code, date, viruses, files, programs or set of instructions that intentionally or unintentionally interrupts, subverts, destroys or limits the intended function of the Web site or any other computer software, hardware or communications equipment associated with the Web site's functionality; and/or
   
5. interfere with or disrupt the servers or networks connected to the Web site.

10. Copyright

Unless otherwise stated, Buyz reserves all copyright of content. Buyz owns all such copyright or uses it under license or applicable law.

You may view the content of this web site using your web browser and make a temporary copy of all or part of that content for your personal use only. You must not link to, publish, or make any commercial or public use of the content, except as permitted by statute or with Buyz's prior written consent.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Web site (including your UserID), use of the Web site, or access to the Web site.

11. Trademark

The Buyz logo and trademarks and service marks are property of Buyz and are protected by copyright, trademark and other laws. Without Buyz's prior permission, you agree not to display or use in any manner the Buyz logos, trademarks or service marks.

The names of other companies and products mentioned in the Web site may be the trademarks of their respective owners.

12. Privacy

Buyz has a Privacy Statement that applies to all members and forms part of this Agreement. In order to become a member, it is essential that you read and accept our Privacy Statement upon registration. You agree that as a member you are bound by the provision in the Privacy Statement, including any amendments made to it.

Buyz is committed to protecting your privacy. We use the information we collect on the site to provide you with content relevant to where you live. We do not sell, trade, or rent your personal information to others.

You may update or change information related to your Buyz account by accessing the “My Page” section of the Website. Once you have accessed your account, all of your current details and preferences can be updated live.

13. Further Information

Any concerns, complaints or suggestions regarding Buyz and our Web site should be reported to the Buyz123.com Customer Support located at admin@buyz123.com.

To the maximum extent permitted by law, this Agreement is governed by the laws of the Australian Capital Territory, Australia, and you hereby consent to the exclusive jurisdiction and venue of courts in the ACT in all disputes arising out of or relating to the use of the Web Site.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the you and Buyz with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and Buyz with respect to the Web Site. You further acknowledge that you may be subject to additional terms and conditions that may apply when you use any third-party content or software, and/or purchase from them, or any of our affiliate bodies.