Canadian Premium Service Terms & Conditions:

These are the Terms and Conditions that apply to the delivery and use of the Buddy (28339) premium service in Canada. By using the Service, the client is acknowledging and also agreeing with, Buddy (28339), 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 (28339) 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 (28339) does, and how a potential client is to use the service.

A.1 Buddy will always endeavour to get a correct answer back to the client quickly. In some exceptional circumstances Buddy (28339) may take a matter of 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’s (28339) control.

A.2 Buddy (28339) is not a full proof service and like the rest of us occasionally makes errors in answers. For example, sometimes Buddy (28339) 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 (28339) 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 (28339) 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 Buddy (28339) service, the client agrees not to abuse it. All clients therefore accept the following:

(i) The client will not use Buddy (28339) in breach of any laws or regulations;

(ii) The client will not use Buddy (28339) 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 (28339) reserves the right to suspend the Service and/or refuse to answer any question if, in the opinion of Buddy (28339) there has been a breach of these Terms and Conditions.

B. Privacy and Intellectual Property – Buddy (28339) 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 (28339) reserves the right to store all mobile numbers and information received. This however will not be sold onto 3rd parties under any circumstance.

B.3 Buddy (28339) 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 we maintain.

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 (28339) 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 (28339) 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 (28339), the client agree to pay the fees of $3.00 per standard 160 character text SMS. The reply from 199Buddy is free. The client also agrees that they have the means and authority to pay for the service.

C.2 The service is Mobile Terminated (MT). This means customers are charged the $3 upon receiving the message. Not when they send the message.

D. Termination or suspension

D.1 Buddy (28339) 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 (28339)

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, Melbourne, Australia 3141

E.2 Alternatively a quicker response is through the support email: support@199buddy.com

F. Our Liability

F.1 Buddy (28339) has described above what the client should expect from the premium Service. The descriptions above are the only promises Buddy (28339) makes about the Service.

F.2 Buddy (28339) 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 (28339) 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 (28339) liability as a result of:

(i) Death or personal injury caused by Buddy (28339) negligence;

(ii) Fraudulent misrepresentation.

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

G. Amendment, assignment, and governing law

G.1 Buddy (28339) reserves the right to amend these Terms and Conditions at any time. Buddy (28339) may notify the client of the amendment by changing this document on the web site. Please check back regularly.

G.2 Buddy (28339) can assign the various rights of Buddy (28339) 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.

OUR WEBSITE AND OTHER WEBSITES

8. You acknowledge that:
(a) we do not warrant the accuracy or appropriateness of the contents of our website;

(b) We do not warrant the accuracy or appropriateness of contents on linked websites.