These are the Terms and Conditions that apply to the delivery and use of the Buddy (68666) premium service. By using the Service, the client is acknowledging and also agreeing with 199Buddy Pty Ltd that the client will be bound by and comply with these Terms and Conditions.

Please read them carefully.

In these Terms and Conditions, the word BUDDY (68666) refers to “199Buddy Pty Ltd.” a company incorporated in Australia. The Words “client”, “them” and “they” are references to any person who sends a text into the Premium Service.

A. WHAT BUDDY (68666) DOES AND HOW THE CLIENT USES THE PREMIUM SERVICE

A.1 BUDDY (68666) will always endeavour to get a correct answer back to the client quickly. In some exceptional circumstances BUDDY (68666) may take a couple hours to send a reply answer. This may happen due to an unexpected influx of questions or a delay with the phone carrier which is beyond BUDDY (68666) control.

A.2 BUDDY (68666) is not a fool proof service and like the rest of us occasionally makes errors in answers. For example, sometimes BUDDY (68666) may research an answer and be supplied with the wrong information. Spelling and grammatical errors may also occur, especially during periods of an influx of questions. BUDDY (68666) assumes the following when answering a question:
(i) The client will only use the Answers for entertainment purposes; and
(ii) Upon receiving an answer, the client will not rely upon BUDDY (68666) in making decisions or taking actions that could cost them or any other person their life, health, wealth, or happiness.

A.3 In using the 199Buddy BUDDY (68666) service, the client agrees not to abuse it. All clients therefore accept the following:
(i) The client will not use BUDDY (68666) in breach of any laws or regulations;
(ii) The client will not use BUDDY (68666) for any purpose that would result in, or otherwise be related to, a breach of law or regulation;

A.4 The client is responsible for the pending result of displaying or transmitting an answer to any other person/s.

BUDDY (68666) reserves the right to suspend the Service and/or refuse to answer any question if, in the opinion of BUDDY (68666), there has been a breach of these Terms and Conditions.

B. PRIVACY AND INTELLECTUAL PROPERTY – BUDDY (68666) and the clients personal and privacy rights.

B.1 199Buddy (19928339) respects the privacy of its Customers. Please refer to our Privacy Statement.

B.2 BUDDY (68666) reserves the right to store all mobile numbers received. BUDDY (68666) may then use these numbers to do send-outs; promoting the BUDDY (68666) service or any changes to the service.

B.3 BUDDY (68666) owns all intellectual property rights that subsist in or arise in the operation of the Service. For example, these include rights in the technology used to compile and coordinate answers, copyright in the answers themselves, database rights in the list of questions and answers that buddy maintains.

B.4 When the client submits a question to 199Buddy (19928339) and gets an answer back, the client may not supply that answer to any third party or include it within a commercial publication.

B.5 When the client submits a question, they give BUDDY (68666) permission to do anything with the question; subject only to compliance with applicable privacy rules. This permission is a royalty-free licence. It includes without limitation the right for BUDDY (68666) and anyone else we authorise; to publish, display, transmit, translate, or create derivations from the question, anywhere in the world, for any purpose, and embodied in any media whatsoever.

C. PAYMENTS

C.1 In using BUDDY (68666) the client agree to pay the fees of £2.50 per standard 160 character text SMS except for O2 customers which will only be charged £1.50. The reply from 199Buddy is free. This charge covers the costs of both messages to and from Buddy. The client also agrees that they have the means and authority to pay for the service.

D. TERMINATION OR SUSPENSION

D.1 BUDDY (68666) can stop supplying the Service at any time without notice, and reserves the right to refuse to supply the Service to any person.

E. If the client needs to contact BUDDY (68666)
E.1 If you have any feedback on the content provided to you, please write to us and let us know at the following address: 199Buddy, P.O Box 9416, South Yarra 3141

F. 199BUDDY Pty Ltd's LIABILITY

F.1 BUDDY (68666) has described above what the client should expect from the premium Service. The descriptions above are the only promises BUDDY (68666) makes about the Service.

F.2 BUDDY (68666) hereby excludes and disclaims ALL other terms and conditions that would otherwise be implied by operation of applicable law including without limitation terms concerning satisfactory quality, merchantability, and fitness for purposes.

F.3 BUDDY (68666) Liability arising from or otherwise related to the service (whether arising as a result of breach of contract or tort or breach of statutory duty or any other legal or equitable basis) shall be limited to the fee that You pay for the service.

F.4 No exclusion or limitation in these Terms and Conditions limits BUDDY (68666) liability as a result of:
(i) Death or personal injury caused by BUDDY (68666) negligence;
(ii) Fraudulent misrepresentation.

Your statutory rights under the applicable law will not be affected.

G. Amendment, assignment, and governing law

G.1 BUDDY (68666) reserves the right to amend these Terms and Conditions at any time. BUDDY (68666) may notify the client of the amendment by changing this document on the web site. Please check back regularly.

G.2 BUDDY (68666) can assign the various rights of BUDDY (68666) under this agreement to any other person without asking the client’s permission.

G.3 These Terms and Conditions are governed by and shall be interpreted in accordance with the law of Australia. You agree and consent to the jurisdiction of the Australian civil courts to resolve any dispute that arises as a result of or in connection with this agreement.

H. OUR WEBSITE AND OTHER WEBSITES

H.1 The client acknowledges that:
(i) 199Buddy does not warrant the accuracy or appropriateness of the contents on this website;
(ii) 199Buddy does not warrant the accuracy or appropriateness of the contents on linked websites.

I. WHO IS NAME QUESTIONS

I.1 The client acknowledges that:

(i) 199Buddy does not warrant the accuracy of the popular ‘who is name’ questions. It is difficult to pinpoint a common name on the internet and some people are not on it at all. The question is researched in the same manner as a trivia question, using publicly available records on the internet.
(ii) The information supplied by BUDDY (68666) is purely for entertainment purposes only and collected on the spot from publicly available resources.

199BUDDY Pty Ltd (Company) has a commitment to complying with its obligations in respect of your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act). The Privacy Act governs the way in which the Company collects, uses, discloses, stores, secures and disposes of your Personal Information.
This statement applies to you if you are a user of our text message services (Messaging Services) or if we collect information about you in the course of providing to uses our Messaging Services.

1. What is Personal Information and why do we collect it?
"Personal Information" means information or an opinion recorded about an individual that makes the individual's identity reasonably apparent or ascertainable.

Personal Information we may collect from you includes, but is not limited to, your carrier, mobile phone number and mobile phone make and model. The Company only collects personal information that is related to, and necessary for the Company to conduct, its business of providing Messaging Services to its users.

We may also collect Personal Information about you if a user of our Messaging Services seeks information about you. The Company only collects, in those circumstances, Personal Information that is necessary to fulfil that request.

2. Sensitive Information
At no time, does the Company collect, use or manage any sensitive information about an individual for any reason.

"Sensitive Information" means information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or information relating to criminal records. This also includes health information about an individual or genetic information about an individual that is not otherwise health information.

3. How do we collect Personal Information?
If you are a user of our Messaging Services, we collect information from you when you use our Messaging Services.

If we collect information about you in response to a request by a user of our Messaging Services, Personal Information is only sourced by lawful and fair means and not in any unreasonable and intrusive way. In particular, the Company will not obtain any unauthorised access to any social networking accounts, emails or other secured material to obtain personal information to answer any request by a user of our Messaging Services.

For the purpose of answering requests by users of our Messaging Services, the Company only uses publically available information sourced from web searches (such as Google searches), online directories and online registers and records.
If an online register or record is used, the Company ensures that Personal Information is only used in accordance with any applicable terms and conditions.

4. Disclosure of Personal Information
In answering a request by a user of our Messaging Services, the Company does not to disclose Personal Information to a third party, being any person other than the requesting user.

5. Security
The Company has taken reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. The Company will destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which it may be used or disclosed under the National Privacy Principles. The Company may archive answers to requests from users of our Messaging Services which may contain Personal Information as may be required to respond to enquiries or complaints from users in relation to providing Messaging Services.

6. Customer Access to Personal Information
If you wish to access your personal information please make out your request in writing to:

The Privacy Officer
199BUDDY Pty Ltd
PO Box 9416
South Yarra
MELBOURNE VIC 3141
E-mail: privacy@199buddy.com

However, to protect your Personal Information the Company may require identification from you before releasing such information. You can also lodge a complaint with the Privacy Officer about any breach of this Privacy Policy.

The Privacy Officer will endeavour to deal with the inquiry or complaint as soon as is reasonably practicable.

7. Variation of Privacy Policy
The Company may vary the terms of this policy from time to time.