Terms and Conditions
Western Sydney Software Terms and Conditions for Buzz
Version 1.0 Created 19/10/2022
This Terms and Conditions notice is relevant to anyone who uses the Buzz website and application provided by Western Sydney Software Solutions Pty Ltd (ABN 75 661 896 117).
These are the terms and conditions laid out by Western Sydney Software for its website, software, and related software services including but not limited to: the app. If you are in Australia, you agree to these Terms and Conditions outlined by Western Sydney Software Solutions Pty Ltd (ABN 75 661 896 117).
By accessing and using the Buzz website or app, you agree to the terms and conditions laid out in this document and to the collection and use of your information outlined in the Privacy Policy whether you are or are not a registered user. You agree that the App is provided “as is” and “as available”. If you do not agree to any of these terms or are under the age of 18, or cannot enter legally binding contracts, you may not use the app. By using this app you agree that you can enter a legally binding contract, are at least 18 years of age, all information provided to Buzz is truthful, accurate, and complete. Buzz may change these terms and conditions at any time by updating this document. When accessing this app or the Buzz website, you will be subjected to these terms and conditions. If updates are posted to these terms and conditions, your subsequent use of the app or website will constitute acceptance of the new terms and conditions.
All rights not otherwise expressly granted by these Terms are reserved by Western Sydney Software. You are not permitted to reproduce, copy, publish, sell or exploit any part of the App, the intellectual property rights in the app, or the information you access through the app. Subject to your acceptance of these Terms, Western Sydney Software grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the App and services solely for your own personal, non-commercial purposes.
Refunds are subject to any applicable Consumer Law, merchants set their own refund policy. Western Sydney Software is not responsible for any refunds under any circumstances, the merchant will need to be contacted for any refunds once an order has been placed on the app. If a merchant agrees to a refund, payments may take several days to reach your nominated account.
Unless otherwise specified, images, trademarks, service marks, logos and icons displayed on the App are the property of Western Sydney Software or its licensors and may not be used without Western Sydney Software’s prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the App, or App content. Any unauthorised use of any content, whether owned by Western Sydney Software or third parties, may violate intellectual property rights subsisting in the App, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
Western Sydney Software will only send you emails, text messages or notifications, including receipts and notice of changes to the App or Terms if you have opted in to receive these communications. The App may contain links to third-party materials that are not owned or controlled by Western Sydney Software. Western Sydney Software does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you click on a link in the App that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and Western Sydney Software is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services.
By using the App, you agree to its use in accordance with all applicable laws and regulations. Western Sydney Software may investigate or terminate your use of the App if you have misused the App, services, or have behaved in a way which is illegal or is regarded by Western Sydney Software as inappropriate. You agree that in using the App you will not: impersonate any person or entity; use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the App or its contents; use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; remove any copyright, trademark or other proprietary rights notices contained in the App; interfere with or disrupt any services provided through the App; post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or ‘frame or ‘mirror’ any part of the App, without Western Sydney Software’s prior written permission, or use meta tags or code or other devices containing any reference to Western Sydney Software or the App in order to direct any person to any other website for any purpose.
You further agree that your information and your interactions on the App shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy; violate any laws; be defamatory; contain any viruses or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information; or create liability for Western Sydney Software. Western Sydney Software reserves the right to refuse to licence the App to any person who does not comply with these Terms.
You acknowledge that the merchantis the provider of the menu items ordered on the App, and that any dispute about those goods is solely between you and the merchant. Western Sydney Software is not liable in any circumstances for the quality or non-provision of items or provided by a merchant. This includes, but is not limited to, any liability in relation to the: quality of the product or service provided by the merchant; any failure of the merchant to meet your order requirements, even where you have advised the merchant, through the App or otherwise, of your orders requirements; and or any injury you sustain at the merchant.
You expressly agree that Western Sydney Software is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Western Sydney Software has been advised of the possibility of such damages), resulting from: your use of, or the inability to use, the App; the merchants provision, or failed provisions of, products or ordered through the App; the cost of procuring substitute products or in the event you are dissatisfied with the products or ordered from a merchant through the App; an inability to access or use products, or information purchased or obtained through or from the App or Service; any unauthorised access to or alteration of your transmissions or data; or any other matter relating to the App or the Service. In no event shall Western Sydney Software’s total liability to you for all damages, losses, and causes of action whether in contract, tort including, but not limited to, negligence, or otherwise exceed the amount paid by you, if any, for accessing the App.
The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. Western Sydney Software assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. Western Sydney Software is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App. Western Sydney Software is not liable for any loss or damage you suffer as a result of the provision, or lack thereof, of goods and services by the merchant. Western Sydney Software may discontinue or alter the services or the App, remove content from the App, or restrict the availability of the App without notice.
These Terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales.
These Terms, and any rights and licences granted by them, may not be transferred or assigned by you, but may be assigned by Western Sydney Software without restriction.
Western Sydney Software’s failure to assert any right or provision under these Terms and Conditions does not constitute a waiver of such right or provision.
Please contact info@ws3.au for any enquiries.