Terms & Conditions

COPYRIGHT

No portion may be copied, reproduced, or redistributed in any manner, whatsoever, without specific consent or licensing from bthe copyright owners.

Any and all other product and company names within may be the trademarks of their respective owners.

All rights reserved.

OFFICIAL DISCLAIMER

No submitted information shall be rented, sold, or given away to any third party businesses or individuals by the copyright owner. When placing an ad online or submitting an entry to one of our contests, we will never willfully disclose any information about our visitors without first receiving visitor permission.

However, since each ad is publicly viewed, there is no convenient solution to ceasing malicious individuals and "spammers" from using the information in your ad(s) in a manner that you may not agree with.

Companies which have placed advertising on this site may also collect information about you when you view or click on their graphical ads or text links. We do not have control over the collection of that information. You should contact those advertisers directly if you have any questions concerning your privacy and their advertising.

Welcome to BuyABird.com.au

Buyabird.com.au is pleased to provide you with access to the network of websites and related services owned or operated by TeachMe Technologies.
By accessing or using this network you agree to be bound by these terms and conditions of use as amended from time to time.

About BuyABird.com.au
Buyabird publishes or makes available on buyabird.com.au information, advertisements, product offers and links supplied by buyabird and third parties (Material). Buyabird does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the buyabird.com.au or on any web site that links from buyabird.com.au.

Buyabird does not and cannot provide any warranty in relation to any goods or services advertised for sale on buyabird.com.au by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

Personal and Non Commercial Use Only
Use of buyabird.com.au is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use. You must not:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
  • use or attempt to use any Material published on buyabird.com.au to create any web site or publication;
  • mirror or frame any web site or page within buyabird.com.au;
  • use any automated process of any sort to query, access or copy any Material on buyabird.com.au or generate or compile any document or database based on the Material published on buyabird.com.au; or
  • transfer or sell any information, functionality or products or services offered on the buyabird.com.au;
  • without the written approval of TeachMe Technology.
  • TeachMe Technology may terminate your right to access and use buyabird.com.au at any time.

You are Responsible for the use of buyabird.com.au
Whilst buyabird takes care to ensure that the Material on buyabird.com.au is correct, current and free from errors, buyabird does not warrant the accuracy or completeness of or the representations made by the Material on buyabird.com.au or any web site that links from buyabird.com.au or any information received as a result of using buyabird.com.au.

The services and Material made available on buyabird.com.au are provided as general information only. Buyabird does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or do not do anything; and may not be continually accessible or free from errors or viruses.

If buyabird suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify buyabird and TeachMe Technology for all such loss and damage.

Goods and Services Provided by Buyabird
If buyabird offers goods or services to you, including advertising any item for sale on buyabird.com.au, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Goods and Services Provided By Third Parties
If goods and services are offered on or through buyabird.com.au by third parties (sellers):

  • You are responsible for all relevant searches including, any stolen pet register or register of security interests;
  • buyabird does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
  • buyabird will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

Buyabird may augment information supplied by sellers. Whilst buyabird requests sellers check this information, it may be possible for information to be inaccurate. Buyabird strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

Buyabird Responsibility to you is Limited
Buyabird will only be liable to You:

  • where the law implies a term into these terms and conditions which cannot be excluded and buyabird breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so buyabird liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
  • if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by buyabird.

Other than as set out above buyabird, will not be liable to You:

  • for claims arising out of or in connection with your access and use of the buyabird.com.au and related services whether arising in contract, tort ( including negligence), indemnity, strict liability, breach of warranty or statute; and
  • for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

For the purposes of this section, the term buyabird will mean buyabird.com.au, TeachMe Technology, its officers, employees, contractors and agents, whether individually or collectively.

Copyright, Trademarks and Licence
Material on buyabird.com.au is buyabird.com.au 2010. All rights reserved. Unless otherwise indicated on buyabird.com.au, the material on buyabird.com.au is owned by or licensed to buyabird and is subject to copyright (the "Copyright Material"). You may:

  • only copy or reproduce the Copyright Material for the purpose of browsing buyabird.com.au or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
  • not alter or modify the Copyright Material or remove any legal notice associated with it.

Buyabird.com.au and other names of buyabird product and/or services referenced herein are trademarks or registered trademarks of buyabird.com.au. Other product and company names mentioned on buyabird.com.au may be the trademarks of their respective owners.

In consideration of buyabird allowing you to access and use buyabird.com.au you grant to buyabird a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as buyabird determines from time to time (subject to the buyabird Privacy Policy).

Communications Services
Buyabird may provide you with the ability to communicate with buyabird, buyabird.com.au, Sellers, advertisers and users of buyabird.com.au through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging (Communications Services).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by buyabird.

Use of the Communications Services is provided on condition that You do not do any of the following:

  • transmit any information or material which is knowingly incorrect, misleading or deceptive;
  • transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
  • use the Communications Services for any unlawful purpose;
  • post or upload files that contain software or other material or information in breach of any persons intellectual property or privacy rights.
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another persons computer;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by buyabird and TeachMe Technology.
  • download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

Buyabird may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

Software Services
Any software, including HTML code and ActiveX controls, that is made available to download from buyabird.com.au ("Software") is owned by buyabird and/or its suppliers.

Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

If there is no License Agreement, buyabird grants you a personal, non-transferable license to use the Software for viewing and otherwise using buyabird.com.au in accordance with these terms and conditions, and for no other purpose. You must not:

  • not copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
  • not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
  • not introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
  • not sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

Buyabird.com.au and Your Privacy
To read how buyabird collects, uses and discloses your personal information click here.

Specific Terms

Private Sellers
To read buyabird Private Seller Terms and Conditions click here.

Email a friend
Where buyabird allows you to email a friend:
  • you warrant that that the person to whom the email is addressed has consented to the email being sent ; and
  • indemnify buyabird, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

Buyabird May Change These Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

Buyabird may cease to provide you with access to the buyabird.com.au website or any of its services without notice.

All rights not expressly granted are reserved.

Contact BuyABird.com.au
If you have a question, problem or complaint or need to contact us, email us using the information below:

Contact:Mark Kelly
Email:Click here to contact us by email


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