1. Website Use

The use of this BYDHA Pty Ltd website (“Website”) is entirely subject to the discretion of BYDHA Pty Ltd and the Website owners and must accord with the following Terms of Use. Any failure to comply with the Terms of Use may result in the immediate suspension or termination of your account.

2. Purpose

The Website is an internet platform where the suppliers of goods and services (‘Customers’) can publish advertisements. Customers are wholly responsible for all content they publish and indemnify BYDHA Pty Ltd and the Website owners against all damage, loss and liability, whatsoever and howsoever arising.

3. Exclusion

BYDHA Pty Ltd and the Website owners have no direct or indirect involvement, and shall not under any circumstances be considered or deemed a party, in or to any transaction, contract and/or other arrangement which may occur between and among Customers and third parties arising from this website.

4. General Conditions

1. The Website is generally available for public use and access.
2. A party may register to become a Customer by completing the online registration and paying the relevant fee.
3. Prior to permitting a Customer advertisement on the Website, BYDHA Pty Ltd shall be entitled to verify any information provided in the online registration form.
4. Each party who completes and submits the online registration form represents and warrants to BYDHA Pty Ltd and the Website owners that all information provided true and accurate in all respects and indemnifies BYDHA Pty Ltd and the Website owners for any breach of such representation and warranty.
5. The registration progress is complete when the Customer account becomes active.
6. The Customer is required to immediately inform BYDHA Pty Ltd and the Website owners in writing of any changes to information set out in the online registration form.
7. The Customer may terminate its arrangement with BYDHA Pty Ltd at any time by notice in writing to
8. Any fees or other monies paid by a Customer toBYDHA Pty Ltd  are entirely non-refundable.
9. Upon a termination BYDHA Pty Ltd will immediately remove all Customer Website content.

5. Advertising Content

1. BYDHA Pty Ltd and the Website owners reserve the sole and unfettered discretion to refuse a Customer advertisement including, but not limited to, where the Customer or an advertisement, violates laws or regulations, contravenes good intentions, morals and customs or when it is perceived the Website may be used for unsuitable purposes.
2. The Customer is legally and solely responsible for all content of advertisement(s) placed on the Website.
3. The Customer must provide complete, true and certified correct information about their person, contact details, business details (if applicable) and sufficient descriptions in relation to the content being placed.
4. The Customer must place their advertisement under the correct category within the Website.
5. The Customer acknowledges and agrees that, in addition to its other powers under these General Terms, BYDHA Pty Ltd and the Website owners reserve the sole and unfettered discretion to move advertisements to a more appropriate category.
6. The Customer must adhere to these terms when communicating with other parties on the Website.
7. All Customers offering goods and/or services for sale on the Website must inform consumers about consumer rights and the rights of withdrawal/cancellation, where relevant.
8. A Customer must not post content on the Website that breaches these Terms of Use, applicable rights and/or third party rights including, but not limited to:
   1. conducting business in an illegal, dishonest or deceptive manner including, but not limited to, liaising with other sites or accounts conducting such business;
   2. spreading deceitful information or manipulated media relating to politics, social issues, or matters of public concern;
   3. abusing or otherwise violating the rights of any other person;
   4. spamming;
   5. using virus(es) and other technical items that may cause damage to BYDHA Pty Ltd or its website;
   6. causing excessive burden on the BYDHA Pty Ltd infrastructure and the smooth running operations of the Website;
   7. copying, duplicating, modifying or distributing the content of other advertisements found from time to time on the Website;
   8. collecting information from other users such as email addresses from the site itself, or from other users without appropriate consent;
   9. taking any action which may operate to limit and/or prevent access to the Website.
   10. Publishing content that is libellous, defamatory, promotes or incites violence, illegal acts, or is contrary to the Racial Discrimination Act (Cth) or is otherwise objectionable in the sole, absolute and unfettered discretion of BYDHA Pty Ltd and/or the Website owners.
9. BYDHA Pty Ltd and the Website owners have the absolute right to block, delete or freeze advertisements, accounts or memberships for a period of time or permanently and to terminate any contract resulting from a breach of these Terms of Use. If this occurs then BYDHA Pty Ltd and the Website owners shall not be required to reimburse a Customer for any monies paid.

6. Website Use

Each Customer represents and warrants to BYDHA Pty Ltd and the Website owners that it has:

1. obtained all approvals and consents required to conduct its business and that the Website shall only be used for legal purposes;
2. read, understood and agree to be bound by these Terms of Use, the BYDHA Pty Ltd Privacy Policy and other policies published from time to time on the Website; and
3. Accepted the BYDHA Pty Ltd cookie policy and permits BYDHA Pty Ltd cookies to be stored on your computer.

7. Indemnity

Each Customer and all Website users agree to indemnify and hold BYDHA Pty Ltd and the Website owners, any parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including legal fees (on a solicitor/client basis), arising from breach of the Terms of Use, any other policy listed on the Website from time to time and any other matter relating to the use of, and or access to, the Website.

8. Fees

1. The usage of the Website is essentially free of charge to non-Customers.
2. BYDHA Pty Ltd will charge fees for access to Customer services and site features including, but not limited to, the publication of online advertisements under specific/certain categories on the Website.
3. All fees shall be payable in advance by electronic funds transfer and inclusive of GST
4. BYDHA Pty Ltd and the Website owners reserve the right to change/modify the fees for Customer services without prior notice.

9. Premium Features

Customers may purchase premium features for their advertisements in accordance with the Website Pricing.

10. VIP Members

TBC

11. Modification of Customer Content

1. Each Customer may at any time modify or delete their advertisement.
2. Each Customer has the right to demand the removal or deletion of their content from the Website.

12. Data Protection

No person, including Customers have any right to access, modify, rectify and delete data. If you wish to remove yourself completely from the Website please contact us at: info@bydha.com.au 
From the email address you used for registration.

13. Limitation of Liability

1. Each user and Customer agrees not to hold BYDHA Pty Ltd or the Website owners responsible for the acts and omissions of other users and Customers.
2. To the extent legally permitted BYDHA Pty Ltd and the Website owners expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. BYDHA Pty Ltd and the Website owners shall not be liable for any consequential loss arising from the use of the Website.
3. If, for any reason, BYDHA Pty Ltd or the Website owners, or any of them, are found liable for loss and damage to a Customer, a user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) it is acknowledged and agreed that such liability shall be strictly limited to the greater of (a) the total fees paid by the Customer to Website in the 12 months prior to the action giving rise to liability, or (b) $250 Australian Dollars.

14. Miscellaneous

1. The transfer of rights and obligations of Customers to third parties requires the prior written consent of BYDHA Pty Ltd and the Website owners.
2. Disclosure of login details and passwords to third parties is prohibited.
3. These Terms of Use shall be governed in accordance with the laws of Western Australia.
4. BYDHA Pty Ltd and the Website owners may update these Terms of Use at any time and without notice.

Questions, reviews and complaints may be sent to us via the Website.

Current as of 17.08.2021