UK Premium Service Terms & Conditions:
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 £1.50 per standard 160 character text
SMS. 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.