Last Updated: March 4, 2017
These Conditions of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of our websites (the “Site ”) made available by MyBee Australia Pty Ltd (ABN 49 620 401 649) trading as MyBee Australia.
1. Who we are
MyBee Australia Pty Ltd is a company run by bunch of energetic people working together to make our customers completely satisfied for what we provide. We at https://mybee.com.au provide a single online medium to sell multiple products on minimal cost benefeiting all people involved with the theme Together We Make It thus making this business a pleasant experience.
2. What we do
MyBee Australia provides an online platform through https://mybee.com.au that connects local venders who have different type of merchandises available for purchase to Buyers seeking to purchase such items (collectively, the "Services"), which Services are accessible at https://mybee.com.au and any other websites through which MyBee Australia makes the Services available (collectively, the "Site")
In some cases, MyBee Australia helps to organise the delivery or logistics associated with such an arrangement between Buyer and vendor. We may also act as the limited payment collection agent of each vendor for accepting payments from Buyers on behalf of the Vendor.
MyBee Australia cannot and does not control the content contained in any Vendor’s listings and condition, legality or suitability of any item, the sale of which is facilitated by MyBee Australia. MyBee Australia is not responsible for and disclaims any and all liability related to any and all items sold. Any item sold or purchased will be made or accepted at the buyers/member's own risk.
You understand and agree that MyBee Australia is not a party to any agreements entered between Vendor and Buyers. MyBee Australia has no control over the conduct of Venders, Buyers and other users of the Site or any item, and disclaims all liability in this regard to the maximum extent permitted by law.
3. Compliance with local laws
Venders should understand how the laws work in their respective jurisdictions. Some jurisdictions have laws that restrict their ability to sell certain types of items to Buyers. These laws are often part of a state’s laws or regulations. In some states, Venders must register, get a permit, or obtain a license before making any sales to the Buyers. State and local governments vary greatly in how they enforce these laws. Penalties may include fines. Venders must review and comply with all local laws before listing on MyBee Australia. While in no way diminishing the Venders’ responsibilities under this clause, or giving rise to any positive obligation on the part of MyBee Australia, MyBee Australia may, in its absolute discretion, provide the Vender’s details to any government regulatory authority to assist with the Vender’s compliance obligations generally.
4. Vender’s RESPONSIBILITIES
As a Vender, you are responsible for all aspects items listing, health and safety compliance, certifications, compliance with laws, customer service and service delivery. You acknowledge and agree that, as a Vender, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who may assist any other way that arises out of or relates to the use of this Site or the supply of services.
Both Buyers and Vender agree to cooperate with and assist MyBee Australia in good faith, and to provide MyBee Australia with such information and take such actions as may be reasonably requested by MyBee Australia, in connection with any complaints or claims made by Members relating to the provision of the Vender’s services.
5. TERMS OF SERVICE
Your access and use of the Site constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MyBee Australia. If you do not agree to these Terms, you must not access or use the Site. These Terms expressly supersede prior agreements or arrangements with you. MyBee Australia may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
MyBee Australia may amend the Terms related to the Services from time to time. Amendments will be effective upon MyBee Australia’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
The content that you share with other users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Information you upload will be posted along with other personal information. You must exercise caution and common sense when submitting and disclosing information. At the very least you should demonstrate the same degree of caution when publishing personal information by means other than the Internet and cellular services.
In particular, Members may choose to share personal information such as name, age, gender, their location information, appearance, messages, background personal information. This information may also be shared via third party services (such as social networks) which interact with the Site .
By creating a MyBee Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
MyBee Australia reserves the right, at its sole discretion, to modify the Site or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms.
By continuing to access or use the Site or utilising the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must cease using the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
9. Account Registration
In order to access certain features of the Site, and to order or sell items, you must register to create an account ("MyBee Account") and become a Member. You may register to join as a Member directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Google; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site, you may link your MyBee Account with Third-Party Accounts, by either:
(i) Providing your Third-Party Account login information to MyBee Australia through the Site, Services; or
(ii) Allowing MyBee Australia to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to MyBee Australia and/or grant MyBee Australia access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MyBee Australia to pay any fees or making MyBee Australia subject to any usage limitations imposed by such third-party service providers.
By granting MyBee Australia access to any Third-Party Accounts, you understand that MyBee Australia will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your MyBee Australia Account and MyBee Australia Account profile page.
All SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
MyBee Australia is not responsible for any SNS Content.
10. Account information
Your MyBee Australia Account and your MyBee Australia Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active MyBee Australia Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MyBee Australia reserves the right to suspend or terminate your MyBee Australia Account and your access to the Site if you create more than one (1) MyBee Australia Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MyBee Australia Account, whether or not you have authorised such activities or actions. You will immediately notify MyBee Australia of any unauthorised use of your MyBee Australia Account.
12. Posting to the Site
You understand and agree that once a Buyer requests an order from your list, you may not request the Buyer to pay a higher price than in the purchase request.
You acknowledge and agree that you alone are responsible for any and all the items and Member Content you post. Accordingly, you represent and warrant that any items you post will (i) be in compliance with all applicable laws,Tax requirements, and rules and regulations that may apply to any item you post (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties (for example the Intellectual Property or items of an existing business).
MyBee Australia assumes no responsibility for a Vender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. MyBee Australia reserves the right, at any time and without prior notice, to remove or disable access to any item for any reason, including any item that MyBee Australia, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or MyBee Australia's then-current Policies and Community Guidelines, or otherwise harmful to the Site or provision of the Services.
If you are a Vendor, you understand and agree that MyBee Australia does not act as an insurer or as your contracting agent. If a Buyer requests an order from your List and purchases your item, any agreement or transaction you enter into with such Buyer is between you and the Buyer and MyBee Australia is not a party to it. Notwithstanding the foregoing, MyBee Australia serves as the limited authorised payment collection agent of the vendor for the purpose of accepting, on behalf of the Vendor, payments from Buyers of such amounts stipulated by the Vendor (including delivery or other fees and/or Taxes).
If you are a Vendor, MyBee Australia makes certain tools available to you to help you to make informed decisions about which Members you choose to accept orders from for your list. You acknowledge and agree that, as a Vendor, you are responsible for your own acts and omissions, and your own decisions about acceptance, or otherwise, of Buyer orders.
MyBee Australia recommends that Vendors obtain appropriate insurance for selling items from their list. Please review any insurance policy that you may have for your list carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers.
14. No Endorsement
MyBee Australia does not endorse any Member or any Menu. No reference or description on the Site is an endorsement, certification or guarantee by MyBee Australia about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We recommend that you always exercise due diligence and care when deciding whether to order food from a Menu or to have any other interaction with any other Member.
Buyers and Venders will be asked to rate Members. Members must be honest and accurate in their appraisals. No Member rating is an endorsement, certification or guarantee by MyBee Australia about any Member.
MyBee Australia may also upload icons and display those icons on lists or Member profiles. The icons indicate that Members have performed services in accordance with criteria. predetermined by MyBee Australia. The notation is merely an indication that the prescribed criteria has been met and is not an endorsement, certification or guarantee by MyBee Australia about any Member.
15. Claims against other members
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member/s or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy on MyBee Australia with respect to such acts or omissions. This limitation shall not apply to any claim by a Maker against MyBee Australia regarding the remittance of payments received from a Buyer by MyBee Australia on behalf of a Vendor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
16. Payments TO MYBEE AUSTRALIA (Charges)
In consideration for the use of the Site and utilisation of the Services, MyBee Australia charges fees to Venders and Buyers (“Charges”). As part of the registration process Venders and Buyers will be notified of the Charges. Where applicable, Taxes may also be charged in respect of the Charges.
MyBee Australia shall deduct Charges due by the Venders from the payments of services from the Buyer. Balances will be remitted by MyBee Australia to Venders via cheque, PayPal, direct deposit or other payment methods.
As between you and MyBee Australia, MyBee Australia reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MyBee Australia’s sole discretion. We will notify you of all changes.
MyBee Australia may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
17. Cancellations and Refunds
Refunds to Buyers will be at the discretion of MyBee Australia who is responsible in its capacity as the Vender’s limited payment collection agent for all refunds to cardholders. In the event MyBee Australia determines at its sole discretion that a refund is necessary, MyBee Australia reserves the right to deduct funds from the Service Fees due to Venders on the next transfer date.
Some Venders may pledge to donate a portion of the funds they receive from confirmed orders made via the Site to a particular cause or charity. MyBee Australia does not take any responsibility or liability for whether the Vendor does in fact make the donation he or she pledged to make. In such cases, the Vendor in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
19. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site , you hereby grant to MyBee Australia a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site . MyBee Australia does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to MyBee Australia the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or MyBee Australia' use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
20. MEMBER Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Collective Content. In connection with your use of the Site and Collective Content, you may not and you agree that you will not:
(a) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(b) Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site or Collective Content;
(d) Use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
(e) Copy, store or otherwise access or use any information contained on the Site or Collective Content for purposes not expressly permitted by these Terms;
(f) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(g) Interfere with or damage our Site including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(h) Use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(i) Use our Site or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(j) "stalk" or harass any other user of our Site or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a MyBee Australia Vendor or Buyer;
(k) Offer, as a Vendor, any goods or services that you do not yourself own, create or have permission to create;
(l) Register for more than one MyBee Australia Account or register for an MyBee Australia Account on behalf of an individual other than yourself;
(m) Contact a Vendor or Buyer for any purpose other than asking a question related to transacting on MyBee Australia or use of the Site;
(n) Recruit or otherwise solicit any Vendor or other Member to join third-party services or websites that are competitive to MyBee Australia, without MyBee Australia' prior written approval;
(o) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(p) Use automated scripts to collect information from or otherwise interact with the Site or Collective Content;
(q) Use the Site or Collective Content to find a Vendor or Buyer and then complete a transaction independent of the Site in order to circumvent the obligation to pay any Service Fees related to MyBee Australia' provision of the Services or for any other reasons;
(r) As a Vendor, submit any list with false or misleading price information, or submit any list with a price that you do not intend to honour;
(s) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(t) Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(u) Use, display, mirror or frame the Site or Collective Content, or any individual element within the Site or Collective Content, MyBee Australia' name, any MyBee Australia trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site without MyBee Australia' express written consent;
(v) Access, tamper with, or use non-public areas of the Site, MyBee Australia' computer systems, or the technical delivery systems of MyBee Australia' providers;
(w) Attempt to probe, scan, or test the vulnerability of any MyBee Australia system or network or breach any security or authentication measures;
(x) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MyBee Australia or any of MyBee Australia' providers or any other third party (including another user) to protect the Site, Services or Collective Content;
(y) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
(z) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
(aa) Advocate, encourage, or assist any third party in doing any of the foregoing; or
(bb) Accept or make a payment outside of MyBee Australia. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold MyBee Australia harmless from any liability for such payment.
MyBee Australia has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
You acknowledge that MyBee Australia has no obligation to monitor your access to or use of the Site or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. MyBee Australia reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MyBee Australia, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site and Collective Content are protected by copyright, trademark, and other laws of Australia. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights, are the exclusive property of MyBee Australia and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, or Collective Content.
Subject to your compliance with these Terms, MyBee Australia grants you:
a) A limited non-exclusive, non-transferable license to use the site solely for your own personal use; and
b) A limited, non-exclusive, non-transferable license, to
a. Access and view any MyBee Australia Content solely for your personal and non-commercial purposes; and
b. Access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
It is an essential term of the license that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyBee Australia or its licensors, except for the licenses and rights expressly granted in these Terms.
The Site may contain links to third-party websites or resources. You acknowledge and agree that MyBee Australia is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MyBee Australia of such websites or resources or the content, products, opinions or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of MyBee Australia and you hereby irrevocably assign to MyBee Australia all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At MyBee Australia' request and expense, you will execute documents and take such further acts as MyBee Australia may reasonably request to assist MyBee Australia to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
25. Copyright Policy
MyBee Australia respects copyright law and expects its users to do the same. It is MyBee Australia' policy to terminate in appropriate circumstances the MyBee Australia Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
26. Suspension, Termination and MyBee Australia Account Cancellation
We may, in our discretion and without liability to you, with reasonable cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your MyBee Australia Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your MyBee Australia Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site , your MyBee Australia Account, your Member Content, or receive assistance from MyBee Australia Customer Service, (b) any pending or accepted future orders as either Maker or Buyer will be immediately terminated, (c) we may communicate to your Buyers or Makers that a potential or confirmed order has been cancelled, (d) we may refund your Buyers in full for any and all confirmed orders, irrespective of pre-existing cancellation policies, (e) we may contact your Buyers to inform them about potential alternate items with other Venders that may be available on the Site , and (f) you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your MyBee Australia Account. You may cancel your MyBee Australia Account at any time by sending us an email. Please note that if your MyBee Australia Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, including, but not limited to, any reviews or Feedback.
If you choose to use the Site or Collective Content, you do so at your sole risk. You acknowledge and agree that MyBee Australia does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. The Site and Collective Content are provided "as is", without warranty of any kind. MyBee Australia makes no warranty that the Site, Collective Content, including, but not limited to, the list of items, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MyBee Australia makes no warranty regarding the quality of any items, Venders, Buyers, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site.
No advice or information, whether oral or written, obtained from MyBee Australia or through the Site or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the site including, but not limited to, any Venders or Buyers. MyBee Australia makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site including, but not limited to, Buyers and Venders, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by MyBee Australia. Notwithstanding MyBee Australia' appointment as the limited payment collection agent of the Venders for the purpose of accepting payments from Buyers on behalf of the Venders, MyBee Australia explicitly disclaims all liability for any act or omission of any Vender, Buyer or other third party.
28. Limitation of Liability
MyBee Australia will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, the delivery of the services by the Venders (or failure to deliver the services), from the use of or inability to use the Site or Collective Content, from any communications, interactions or meetings with other users of the Site or services or other persons with whom you communicate or interact as a result of your use of the Site , or from your list of items or ordering of any item via the Site , whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MyBee Australia has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Vender’s pursuant to these terms, in no event will MyBee Australia' aggregate liability arising out of or in connection with these terms and your use of the Site including, but not limited to, from your list of items or ordering of any item via the Site or from the use of or inability to use the Site or Collective Content and in connection with any orders or interactions with any other Members, exceed the amounts you have paid or owe for goods or services via the Site as a Buyer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Vender, the amounts paid by MyBee Australia to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MyBee Australia and you.
You agree to release, defend, indemnify, and hold MyBee Australia and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site , or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) ordering from any list of items, or (iii) creation of a list; (d) the consumption of any food by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your ordering or consumption of any food.
30. Reporting Misconduct
If you become aware of a Member wrongfully utilising the Site or breaching any of these Terms, you are requested to immediately report such conduct to MyBee Australia.
31. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between MyBee Australia and you regarding the Site, Collective Content, and any orders from items made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyBee Australia and you regarding orders from list of items made via the Site and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without MyBee Australia' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyBee Australia may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MyBee Australia (i) via email (in each case to the address that you provide) or (ii) by posting to the Site . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
34. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of New South Wales and Australia. You and we agree to submit to the jurisdiction of the courts of that State and country.
35. Dispute Resolution
Claims between Members
MyBee Australia may, but is not obliged to investigate claims by Members in relation to the provision of services by Venders to Buyers.
All claims by or between Members are personal to those Members and MyBee Australia is released and discharged from all claims and liabilities in relation to such claims.
Claims between MyBee Australia and Members
You and MyBee Australia agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively, "Disputes") will initially be subject to mediation, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of MyBee Australia to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of MyBee Australia. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
37. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party
39. Contacting MyBee Australia
If you have any questions about these Terms please contact MyBee Australia.
40. Key Terms
"MyBee Australia Content" means all Content that MyBee Australia makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and MyBee Australia Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Buyer" means a Member who requests from a Vendor any order of item via the Site or Services.
"Vendor" means a Member who lists the items/products via the Site. Every Vendor is an independent entity offering their own items/products on the Site and as such are defined as independent Third Party Providers.
"List" means one or more items or products that is listed by a Vendor as available for order via the Site and Services by interested Buyers.
"Member" means a person who completes MyBee Australia's account registration process, including but not limited to Venders and Buyers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Lists or Member profile to be made available through the Site or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Venders and sellers of any product or item may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.