BuzzFli - Terms of Sale
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” refers to these Terms of Sale; “BuzzFli” and "we" and "us" and "our" each refers to our business, known as “BuzzFli”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; “Service” refers to the services that we provide through our Site, including our drone services marketplace and our Site itself; “Site” refers to our website, www.BuzzFli.com; “User” refers to anyone who uses our Service, including general visitors to our Site; “You” refers to you, the person who is entering into this Agreement with BuzzFli. Depending on which of our Services you choose, you could be a Drone Pilot or someone wanting the services of a Drone Pilot. Throughout this Agreement, reference to the singular includes the plural as the case requires and reference to one gender includes all genders as the case requires. "This Agreement" means all these BuzzFli Terms of Sale.
3. How BuzzFli Works
The First Service – Drone Video Sales
By clicking on the various icons or following the various screen displays appearing on our site, if your Drone Video is accepted by us, You are able to upload Your Drone Video for inspection by interested users of our Site, who in turn, by following the various icons and by following the various screen displays appearing on our Site, will be able to purchase them from you through the terms appearing in those screen displays. No other terms shall apply except those implied by statute which cannot be omitted.
Your Drone Video will be accepted or rejected or subject to a request for resubmission in our sole and unfettered discretion. Without limitation, our discretion will be used to reject any Drone Videos which breach or may be likely to breach any law relating to copyright, privacy, unfair competition, the right to be left alone, or which breaches the general community standards of fairness and propriety, or which are defamatory or may cause a scandal or bring disrepute to anyone or reflect
unfavourably upon us or the Site.
The Second Service – introduction site for Drone Pilots and Users
BuzzFli is a marketplace for commercial drone services. Our marketplace is intended for enterprising Users looking for on-demand imagery, video, and maps. Drone Pilots supply the services you seek and an online tool delivers imagery, video, and maps of worksites.
A contract entered into between the User and a Drone Pilot will not contain any terms other than those agreed to through to the applicable screen displays and no other terms shall apply except those implied by statute which cannot be omitted.
The Service we supply Drone Pilots and Users is that of facilitating an introduction to each other. We:
(i) are not a party to any agreement between a Drone Pilot and a User;
(ii) do not represent or warrant or guarantee to any extent to any User or third party the quality of the services supplied to them by a Drone Pilot nor the qualification of the Drone Pilot nor the quality, safety or legality of any services delivered by any Drone Pilot; and
(iii) will require that all Drone Pilots carry all qualifications required by law to enter into the provision of services to our Users.
The Third Service – service agreement between us and Drone Pilots
The Site allows Drone Pilots to bid for Services sought by Users who are seeking drone services ("the Job").
When a Job is posted on our Site, Drone Pilots who are approved by us may bid for the Job. If a Drone Pilot is the successful bidder, they will be taken to have entered into a contract with the User on the terms agreed to as evidenced by the screen displays applicable. No other terms shall apply except those implied by statute which cannot be omitted.
Nevertheless, we retain the right (but not the obligation) to reject any agreement proposed between a User and a Drone Pilot by notifying the proposed parties provided such notification takes place prior to the agreement occurring.
In order to use our Service, you must meet a number of conditions, including but not limited to: (1) You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. (2) You must not be signing up on behalf of a natural person other than yourself. (3) If you are signing up on behalf of a company, then you must be authorized by that company to bind it to this Agreement, and you hereby agree that you are binding both that company and yourself to this Agreement, and that both that company and yourself shall be jointly and severally liable to BuzzFli for any breaches of this Agreement. (4) You must provide us with personal information, payment information, and other information that we deem necessary to include you in our marketplace and provide you with our Service.
5. Rules of Use
You must comply with all applicable laws. We reserve our rights to take action against you if you post or send anything on the Site which is pornographic, racist,hateful, or otherwise objectionable according to the opinion of BuzzFli. You will warrant to us that you do not and will not infringe anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise interfere with the rights of any third party. You agree that you will not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the BuzzFli Site, Service, or our Users’ computers. You will not operate a drone without authorization. You will not do anything else which could bring BuzzFli into disrepute or violate the rights of any person.
Unless otherwise stated, all prices published by BuzzFli or otherwise communicated to you by us are denominated in United States dollars. BuzzFli will communicate the terms of a transaction to you through the screen displays on the Site and/or by email consistent with the applicable screen display and you agree that such terms are hereby incorporated into this Agreement by reference.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information or other intellectual property (including icons, get-up, designs or logos) on the Site without receiving our prior written permission.
8. Your Copyright
BuzzFli must be assured that it has the right to use the content that is posted to its Site by you, its Users and Drone Pilots. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right in respect of the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against all claims regarding the breach.
“BuzzFli” is a trade mark to be registered with IP Australia and used by us, BuzzFli, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our
trade dress, or copy the look and feel of the BuzzFli Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing laws of intellectual property law, and includes prohibitions on any competition that
breaches the provisions of this paragraph, including starting your own competing website or business.
10. Revocation of Consent
To the extent permitted by law, we may revoke our consent for your use of our intellectual property, or any other right granted to you under this Agreement, at any time. You agree that if we so request, you must immediately cease any usage of our
intellectual property that you may have engaged in, even if it would cause a loss to you.
11. Copyright & Trademark Infringement
11.1 We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
(i) Your name;
(ii) The name of the party whose copyright has been infringed, if different from your name;
(iii) The name and description of the work that is being infringed;
(iv) The location on our website of the infringing copy;
(v) A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
(vi) A statement that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use;
11.2 You must sign this notification electronically and send it to us at firstname.lastname@example.org.
11.3 We recommend that you send to us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
13. Representations & Warranties
(i) We make no representations or warranties or guarantees as to the merchantability of our Service or its fitness for any particular purpose.
(ii) You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our Services, for reasons including, but not limited to, failure of our Service, negligence or any other tort.
(iii) To the extent that applicable law restricts this release of liability, you agree our liability for failure to comply with the terms of this Agreement and for failure to comply with a guarantee (in particular a guarantee implied by Division 1 of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth)) as regards the supply of Services will be limited at our option to:
(i) The supply of the Services again; or
(ii) The payment of the cost of having the Services supplied again; and as regards the supply of any goods, will be limited at our option, to:
(a) The replacement of the goods or supply of equivalent goods;
(b) The repair of the goods;
(c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) The payment of the cost of having the goods repaired.
(iv) You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who infringe intellectual property rights of any other person, defame, commit the tort of interference with trade, or any other actionable conduct towards you.
(v) You agree that to the extent permitted by law, we are not liable for any failure of the goods or Services of our business BuzzFli or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our Site which prevents access to our Site temporarily or permanently.
(vi) The provision of our Service to you is contingent on your agreement with this and all other provisions of this Agreement.
14.1 You agree to indemnify us and hold us harmless against all damages, losses, costs, expenses and clams incurred or made by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you or the services of a
Drone Pilot provided to a User, including any damages suffered by you or any third party caused by your use of our Site or acceptance of the offers contained on it. You also agree that you must, at your own cost, defend us against the claims referred to in this paragraph in a timely fashion and we may require you to pay for lawyers of our choice in such cases.
14.2 You also agree to indemnify us against all legal fees, court costs, and disbursements incurred by us in defending such claims. In the event of a claim such as one described in this paragraph 14, we may elect to settle with the party/parties making the claim, and
you shall be liable (as our indemnifier) for the damages (if any) arising from such a settlement and other losses, costs and expenses (including legal costs and expenses).
15. Choice of Law
This Agreement shall be governed by the laws in force in the State of NSW Australia and the parties to this Agreement irrevocably submit to the jurisdiction of the courts located in NSW.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, void, conflicting with another provision of this Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that
provision being included in it. If two or more provisions of this Agreement create inconsistency or uncertainty, then to the extent permitted by law, BuzzFli shall have the sole right to elect which provision shall prevail.
BuzzFli reserves all rights afforded to us under this Agreement as well as under the provisions of all applicable laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law is not a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination arises from your breach of this Agreement, in which case to the extent permitted by law, we are not required to
provide any refund or other compensation whatsoever. Under no circumstances (except to the extent permitted by law (if any)), including termination or cancellation of our Service to you, will we be liable to you or any third party, for any losses related to actions of other Users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion and such assignment will be taken to bind you upon service upon you at notice of the assignment.
We may amend this Agreement at any time and from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
We reserve the right to expel from Use of our Site, any User or Drone Pilot without explanation or notice. In particular, all Users are reminded that all communication between them must be made through the Buzzfli messaging or communication system. The provision by any User to another User of contact details such as personal or business phone numbers, addresses, email addresses, facebook contact details or any other details by which contact can be made between Users other than through the Buzzfli messaging or communication system will result in the termination of the User's account, and Buzzfli reserves all its rights in such circumstances.
23. Additional clause which applies specifically to the Third Service (service agreement
between us and Drone Pilots)
23.1 Drone Pilots approved by us may be asked to bid for any Job. They may do so or decline to do so as they see fit. They may also search for Jobs on our site. The service we supply Drone Pilots and Users is that of facilitation and introduction to each other. The Drone Pilot contracts with a User as a contractor and is not an employee of the User nor of ourselves.
(i) do not ensure or guarantee any Drone Pilot will be paid for the services they provide to any User;
(ii) will make reasonable efforts to ensure that all Drone Pilots carry all qualifications required by law to enter into the provision of services to our Users;
(iii) will only allow such Drone Pilots access to our Services who supply their own Drones for the provision of such services; and
(iv) All payments to Drone Pilots and as otherwise required under this Agreement shall be made and accepted through a payment mechanism provided or approved by us (the Approved Payment Mechanism). The Drone Pilot and anyone the recipient of our First Service (uploading Drone Videos for a fee) agrees to accept payment through the Approved Payment Mechanism and only through the Approved Payment Mechanism.
23.3 The Drone Pilot who contracts with a User by using our Site will pay us a Service Fee, being such sum or percentage as set out in the applicable screen display on the Site, on the terms and in the manner as therein set out, including the term that we may collect the Service Fee and in the manner directly from the funds provided by the paying User through the Approved Payment Mechanism.
23.4. All Service Fees are final and non-refundable. If the Drone Pilot breaches their agreement with a User, that breach will also be taken to be a breach of our Agreement with the Drone Pilot hereunder.
23.5 The Drone Pilot agrees that the Site may contain publically available comments and feedback from Users about the Drone Pilots who use our Services and the Site.
23.6 The Drone Pilot warrants to us that at all times the Drone Pilot has:
(i) all insurances required by law and by a prudent businessman carrying on the business of the Drone Pilot;
(ii) all pilot qualifications required by law and by a prudent businessman carrying on the business of the Drone Pilot;
(iii) maintained all their business and accounting records as required by law and by a prudent businessman carrying on the business of the Drone Pilot;
(iv) and will apply at all applicable times, a portfolio of knowledge and experience that a prudent businessman would have carrying on the business of the Drone Pilot;
(v) such Drones in such working order and condition as comply with all applicable laws and as a prudent businessman would have in carrying on the business of the Drone Pilot;
(vi) and will apply at all applicable times ,such personal qualities including those of professionalism and trustworthiness, as a
prudent businessman would have in carrying out the business of a Drone Pilot;
(vii) taken all actions necessary to authorise their performance of any agreement between it and a User;
(viii) and will use at all times, Drones which are fully registered, monitored and operational in accordance with all applicable laws; and
(ix) all qualifications necessary to enter into this agreement with us and any agreement between them and a User.
24. Entire Agreement
This Agreement is the entire agreement between us and the Users, us and the Drone Video suppliers and us and the Drone Pilots. No other terms are expressed or implied except those arising by implication under Statute which cannot be omitted.
BuzzFli is committed to protecting the privacy of Users' and Drone Pilots' Personal Data. This and the following provisions set out the BuzzFli policies regarding the collection, use and transfer of Users' and Drone Pilots' Personal Data, including their right of access to it and protection of it.
26. Definitions and interpretation -
“Data Protection Legislation” - The Privacy Act 1988 and all other applicable legislation on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
“Personal Data” – Users' and Drone Pilots' 'personal data' as defined in the Data
27. Collecting Personal Data
BuzzFli only collects Personal Data that is necessary for it to run its business. BuzzFli usually collects the name, address, ACN, ABN, other contact information, and information about each User's and each Drone Pilot's dealings with BuzzFli. If User or Drone Pilot does not wish to disclose its Personal Data, then BuzzFli will be unable to provide User or Drone Pilot with the Services since information such as the User's or Drone Pilot's identity and contact and service delivery details are necessary in order to supply the Services the User or the Drone Pilot requires.
28. Use and Disclosure of Personal Data
BuzzFli uses the Personal Data for the purpose of
Supplying the Services to it;
Providing Users and Drone Pilots with information about new services that may be of interest to the Users and Drone Pilots in the future;
Managing its relationship with Users and Drone Pilots;
Facilitating its internet business operations.
BuzzFli may disclose Personal Data for the purpose for which it was collected and also
to any person where necessary or desirable in connection with its provision to Users and
Drone Pilots of the Services they are buying. All Personal Data will be treated in the
strictest confidence and will not be passed onto any third parties without Users' and
Drone Pilots' (as the case may be) prior consent (except as required by law).
29. Keeping Information Accurate, Complete and Up to Date
While keeping in mind why the information is being collected, BuzzFli takes reasonable steps to make sure the Personal Data is accurate, complete and up-to-date at the time of collection and when used or disclosed. If the Personal Data changes of a User or Drone Pilot changes, then please contact BuzzFli and BuzzFli will update and correct the information held by BuzzFli. BuzzFli may also contact any User or Drone Pilot from time to time to check that the information they have provided is still correct.
30. Access to Personal Data
Any User or Drone Pilot is entitled to view any Personal Data BuzzFli has about it, providing access would not have an unreasonable impact upon the privacy of other individuals or corporations. Before access to Personal Data is granted to an individual, their identity needs to be established. The individual is required to request the information in person, or to provide personal details that can be used to identify them.
31. Information Security
BuzzFli takes every step to ensure it protects the Personal Data that it collects. Personal Data will be managed confidentially and securely and destroyed appropriately when no longer required. BuzzFli will monitor and implement appropriate technical advances or management processes, to safeguard all personal and sensitive information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While BuzzFli strives to protect Personal Data from misuse, loss and unauthorised access, BuzzFli cannot guarantee the security of any Personal Data. BuzzFli does not accept any responsibility for any misuse, loss or unauthorised access to such information.