Terms & Conditions

DNAPROPERTYSERVICE PTY LTD trading as ORDERBUDDY (“Orderbuddy” or “we” or “us” or “our”) owns and operates this Website. Access to and use of this Website is and the products and services available through this Website (collectively, “Services”) is subject to the following terms, conditions and notices (“Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use as may be updated by us from time to time. You should check this page regularly and take notice of any changes we may have made to the Terms of Use.

1. Access to Website

We grant you a limited licence to access this site for personal use, and we reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts or all of this Website. We will not be liable if for any reason this Website is unavailable at any time or for any period.

2. Linked sites

This Website may contain links to other websites, which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

3. Privacy policy

Our privacy policy sets out how we will use your information, and is accessible at Website Privacy Policy. By using this Website, you consent to the processes described the privacy policy and warrant that all data provided by you is accurate.

4. Prohibitions

(a) You must not misuse this Website. You will not: (i) commit or encourage a criminal offense; (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (iii) hack into any aspect of the Services; corrupt data; cause annoyance to other users; (iv) infringe upon the rights of any other person’s proprietary rights; (v) send any unsolicited promotional or advertising material, commonly referred to as “spam”; or (vi) attempt to affect the performance or functionality of any computer facilities of or accessible through this Website. Breach of this provision will constitute a criminal offence. Orderbuddy will report any such breach to the relevant law enforcement authorities, and disclose your identity to them.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

5. Intellectual property, software and content

The intellectual property rights in all software and content (including but not limited to text, images, data and software) made available to you on or through this Website remain the property of Orderbuddy or its suppliers and are protected by Australian and international intellectual property laws. All such rights are reserved by Orderbuddy and its suppliers.

You may store, print and display the content supplied solely for your own personal use.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

You may not frame or utilise framing techniques to enclose any of our trade marks, logos or other proprietary information without our express written consent.

Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

6. Advice and information

All advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

Orderbuddy takes all steps to ensure that information contained within the Website is correct. However, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, images, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We will not be responsible for any loss or damage resulting from your use of information or reliance on advice.

Reference to any product, service, process or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

7. Reviews and comments

Our Website may provide avenues for visitors to post reviews, comments, suggestions, enquiries regarding products and other content (‘User Content’).

In submitting User Content, you give us permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these Terms of Use and your use of the Website. You also permit us to publish your name and State or Town that you submit in connection with the User Content.

By submitting such User Content, you represent and warrant that:

(a) such User Content is posted from your genuine email address;

(b) you are not impersonating another person or entity;

(c) such User Content is not, or would not reasonably considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or business or otherwise damaging to any party;

(d) you own or otherwise control all of the rights to the User Content that you post;

(e) the User Content is accurate;

(f) use of the User Content will not violate these Terms of Use; and

(g) you will indemnify Orderbuddy or its associates for all claims resulting from User Content that you supply.

We reserve the right but not the obligation to monitor your posts and edit or remove any User Content for any reason.

User reviews of products in no way represent the views or opinions of Orderbuddy or its owners, shareholders, employees or others, but are the sole product of its creator. Orderbuddy disclaims all liability with respect to User Content posted by you or any third party.

8. Disclaimer of liability

Subject to the non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, all material displayed on this Website is provided without guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, Orderbuddy hereby expressly excludes all warranties and other terms which may otherwise be implied by statute, common law or the law of equity. Orderbuddy will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) The foregoing does not affect Orderbuddy’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

9.Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to ownership of intellectual property

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Orderbuddy and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Orderbuddy.

11. Indemnity

You agree to indemnify, defend and hold harmless Orderbuddy, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Use.

12. Variation

Orderbuddy must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

Invalidity

Complaints

Breach and termination

13. Invalidity

If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

15. Breach and termination

If, in our reasonable opinion, you breach any provision of these Terms of Use, we may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the Website.

In any event, we may terminate your rights to use the Website at any time and for any reason without prior notice to you.

16. Governing law

Orderbuddy (https://www.orderbuddy.com.au/)) is created and controlled in Victoria, Australia.

These Terms of Use are governed by the laws in force in the Commonwealth of Australia, and, where applicable, the state of Victoria. You agree to submit to the exclusive jurisdiction of the courts of these jurisdictions.

17. General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. Without limiting the foregoing, no waiver of any term of these Terms of Use shall be deemed a further and continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.