Website Terms of Use

Updated MAY 2021

The following document outlines the terms and conditions for using our website.

We understand that terms of use might not be the most exciting document to read and can be quite lengthy so we have provided column B as a short summation of column A, though column B is not legally binding and will not be used as an aid in interpretation of Column A. To the extent there is any inconsistencies between the columns, column A will prevail.

By using our website, you acknowledge you have read, understood, and agree to these terms of use.

1. Who we are and how to contact us

B2buy.online is a website (Site) operated by B2Buy Pty Ltd, ACN: 636 191 485 of 40/2 Park Street Sydney NSW 2000 (we, us and our).

We are an online e-commerce platform that facilities sales between clients and suppliers.

To contact us, please use our Contact Us form in our website.

Basically:

This is just informing you who we are, what we do and how you can contact us.

2. By using our Site you accept these terms

Your use of our Site is at your own risk. By using our Site, you confirm that you accept these terms of use as amended from time to time and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

If we collect your personal information through this Site, we do so subject to the terms of our Privacy Policy which is available here

We may use cookies and similar technologies and collect IP addresses and other information to gather data in relation to this Site and you consent to us doing so.

Basically:

When you use our Site, you are using it at your own risk and you accept these terms of use.

We will collect your personal information and you should review our privacy policy to get more information on this – link.

3. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the Site is deemed acceptance of the amended terms.

Basically:

These terms of use may change but if they do and you continue to use our website, you will be accepting those amended terms of use.

4.We may make changes to our site

We may update and change our Site from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities.

Basically:

We might change our Site for various reasons.

5. We may suspend or withdraw our site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

We may suspend or withdraw or restrict the availability to all or any part of our Site for business and operational reasons.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Basically:

Our Site is free. We do not give guarantees in respect to our Site or its content.

You are responsible for how you choose to access our Site and we can suspend, withdraw or restrict all or part of our Site for various reasons.

You should make sure that anyone who accesses our Site using your internet connection is aware of our term and conditions.

6. Eligibility to use our site

Our Site is directed to users who are at least 18 years old. By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or, if you are under 18 years of age (a Minor), that you are using this Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to these terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these terms and to hold us harmless if the Minor breaches any of these terms.

Our Site is directed to users who are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

Basically:

To use our Site you need to be over 18 or have your parents’ permission and you should be in Australia.

7. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at buyer@b2buy.com.au

Basically:

You must ensure any information required in our security process remains confidential.

We can disable any user identification code or password if we have a reasonable opinion that you have failed to comply with these terms of use.

8. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our Site, and in the applications, contents, materials and interfaces published on or made available through it (Works).

Those Works are protected by copyright, trademark and other laws and treaties around the world. All such rights are reserved. You acknowledge and understand that unauthorised copying, re-publication or use of those Works may violate such copyright, trademark and other laws and treaties.

We do not grant you any intellectual property rights in the Works. However, you may print off, copy and download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of Works from this Site.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Works you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of Works from this Site.

Basically:

We are the owner or the licensee of all intellectual property rights in our Site and the material made available through it .

There are limited ways in which you are allowed to copy, re-publish or use those works but you must not modify them and you must acknowledge us as the authors of the content. If you do not abide by the above, we can cease your use of the Site immediately.

You must not delete or alter any copyright, trademark or proprietary notices from any copies of the works.

9. Do not rely on information on this site

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content or information you derive from our Site is accurate, complete or up-to-date. It should be viewed as current only at the time of first publication.

Prices listed on our Site and terms and conditions of any kind relating to products or services displayed on our Site may not be current or complete and under no circumstances constitute an offer or undertaking by us. We make no representation that the products or services listed in our Site are currently available online or at any physical location.

Basically:

Our Site may not always be available and the content on our Site may not always be up to date, accurate or complete.

10. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.

Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over and do not monitor or endorse the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

Basically:

If our Site contains links to other websites and resources by third parties, those links are only provided for your information only, they are not approved by us and we have no control over the content or resources of those websites.

11. User-generated content

This Site may contain information and materials uploaded by other users of the Site, including to comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Features) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.

These User Contributions have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

All User Contributions must comply with the content standards set out in Paragraph 12 of these terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an irrevocable, non-exclusive, royalty free, transferrable and ongoing license to use, adapt, reproduce and otherwise exploit any such material for any purpose.

We may edit and make formatting changes to your User Contributions (such as translating it, modifying the size, layout or file type or removing metadata), however, we will attempt to not modify the meaning of your expression.

We also have the right to disclose (and by using the Interactive Features you consent to us disclosing) your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy and otherwise to any person or authority to the extent required by law or judicial process.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

You will be liable to us and must indemnify and make us good against all costs (including legal costs on the indemnity basis), losses, claims, penalties and damages in connection with any breach of the above warranties.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users, please contact us on buyer@b2buy.com.au

Basically:

Our Site allow you to generate your own content.

If we are informed that your content breaches someone else’s intellectual property rights or privacy, we may disclosure your personal information to third parties to the extent required by law or judicial process.

You give us certain warranties in respect to the content you post and you indemnify us for all costs, losses, claims, penalties and damages if you breach these warranties.

12. Content standards

The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

  • Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case or if you do not have the consent of the relevant party to do so.

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause 12.

You warrant that any User Contribution will comply with the content standards in this clause 12, and you will be liable to us and must indemnify and make us good against all costs (including legal costs on the indemnity basis), losses, claims, penalties and damages in connection with any breach of that warranty. We may report any breach of your warranty to the relevant law enforcement authorities and by using the Interactive Features you consent to us co-operating with those authorities, including by disclosing your identity and personal information to them. In the event of such a breach, your right to use our Site will cease immediately.

Basically:

All User Contributions and use of social media features must comply with all applicable federal, state, local and international law and regulations.

There are number of other common-sense things we ask you not to do on our Site.

If you breach this clause, you will indemnify us for all costs, losses, claims, penalties or damages in relation to any breach of these warranties.

13. Limitation of liability

circumstances will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for any loss, damages or claim of any kind arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites (including errors or omissions in such content), including any direct, indirect, special, incidental, consequential or punitive loss or damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or business interruption, loss of anticipated savings, loss of use, loss of goodwill, damage to reputation, loss of data, delay costs and whether arising under the law of contract, in tort (including negligence), in equity, debt, by warranty or any other basis in law or equity, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to indemnify and make good us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs (including legal costs on the indemnity basis), expenses, penalties or fees of whatsoever nature which we may suffer or incur arising from or in connection with any breach, act or omission on your part, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms. This indemnity shall not limit our other rights and remedies under these terms or otherwise at law.

Basically:

We will not be liable for any loss, damage or claim that arises out of your use of the Site or inability to use the Site, the links in our Site, any content on the Site to the full extent permitted by law.

This will include any direct or indirect losses.

You agree to indemnify us for any claims, liabilities, damages, judgments, awards, losses, costs, expense, penalties or fees which we may incur arising from any breach, act or failure to act on your part on using our Site.

14. Rules about linking to our site

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. The website in which you are linking must comply in all respects with the content standards set out in Paragraph 12.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our written consent.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us using our Contact Us form on our website.

Basically:

You may link to our home page if it is fair and legal and does not damage our reputation or take advantage of our Site and you must not suggest that you have our approval, endorsement, or association with us.

You are also not allowed to mirror or frame our Site to any other site or link any part of our Site unless it is the home page.

If you want to link or make use of the content on our Site, please contact us using our Contact Us form on our website.

15. Australian law applies

These terms of use, their interpretation, subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

Basically:

These terms of use are governed by Australian law and you agree that Australian courts will have jurisdiction.

16. Our trade marks are registered

b2buy and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Paragraph 8. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.

Basically:

Our trademarks are b2buy, and you must not use these marks without our prior written permission unless permitted under clause 8.

17. Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Paragraph 12 of these terms;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Site;
  • use any device, software or routine that interferes with the proper working of the Site;
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or other material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Basically:

You should only use the Site for lawful and proper purposes.

If you use it unlawfully or for an improper purpose, we may report the activities to the relevant law enforcement authorities and your right to use our Site will cease immediately.

18. Online purchases

All purchases through our Site or other transactions for the sale of goods formed through the Site or as a result of visits made by you are governed by our terms and conditions which are incorporated into these terms and are available on registration as a Buyer.

Basically:

All purchases from our Site or other transactions formed from our Site are governed by these terms - and are available on registration as a Buyer.

19. Regulation and codes of conduct

You agree that you will be solely responsible for ensuring your own compliance with applicable legislative requirements, regulations or code of conduct, and we are not liable for any failing by you to comply with such legislative requirements, regulations or code of conduct.

Basically:

You agree that it is your responsibility to comply with any legislative requirements, regulations or codes of conduct.

20. General

If any of the terms are held to be illegal or unenforceable for any reason, such provisions shall be severed, and the rest of the terms shall remain in full force and effect.

If any of the terms are held to be illegal or unenforceable for any reason, such provisions shall be severed, and the rest of the terms shall remain in full force and effect.

Any indemnity under these terms is independent and survives the termination of the other terms

Basically:

If any of the terms of use are illegal or unenforceable, only those terms will be void.

Your obligations under these terms of use cannot be assigned, transferred or subcontracted.

The indemnity under these terms of use will continue even if you terminate.

21. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.

Basically:

There may be other terms and conditions that apply and you should also review them.