These Terms of Service constitute a legally binding agreement made between you, as a natural person and not on behalf of any other entity (“you”) and BuiltByBit, registered at 38 Greenshank Road, Harrisdale, Western Australia 6112 ("Company", “we”, “us”, or “our”), concerning your use and access of our websites, our communication channels, our services and our tools (collectively, our "Services"). If any provision within these Terms of Service is found to be invalid or unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.
Our Services provide an online marketplace for connecting users with each other, and allowing our users to offer, request, sell, buy, license and trade ("dealing") a variety of goods and services ("User Products"). Our Services include many tools, utilities and services which our users may optionally use while dealing, but we are not a party to the contracts for our users' transactions. While we do our best to investigate reported content and upon request, provide a neutral party to arbiter disputes arising from our users' dealings, we cannot ensure and cannot be held liable for:
a) The reliability of our users in fulfilling their contract
b) The authenticity or validity of content posted by our use
c) The safety or legality of dealing with User Products
Our Services are intended for and may only be used by those who are at least 13 years of age. All users who are minors within their jurisdiction must have the permission of and be directly supervised by their parent or guardian to use our Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using our Services.
All users are required to accept and comply with these Terms of Service, including the Code of Conduct, which is incorporated into these Terms of Service. You agree that by using our Services for reasons other than obtaining our support, you have read, understood, and agree to be bound by all of these Terms of Service. Furthermore, amendments may be made to these Terms of Service from time to time, and will take effect as soon as they are publicized. We will employ reasonable means to notify you of any changes so that you may review them and determine whether or not to continue use of our Service. You will be deemed aware of and having accepted the revised Terms of Service by your continued use of our Services for reasons other than obtaining our support.
IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TERMS OF SERVICE, THEN YOU ARE PROHIBITED FROM USING THE SERVICE AND YOU MUST IMMEDIATELY DISCONTINUE USE.
2. ACCESSING OUR SERVICES
Our Services includes a REST API through which we allow certain users certain levels of access to various information made available through our Services. Any sort of automated interfacing with our Services outside of our REST API is prohibited unless explicit permission is granted. Moreover, you agree not to crawl or scrape our Services for information, nor to utilize information made available through our Services in reproducing or reconstructing areas of our Services externally without explicit permission from us.
You agree to be held responsible for the security and behavior of third party accounts which you claim to be operated by you. You also agree to make every reasonable effort to notify those who believe you to be in full control of a third party account you have claimed to operate, should the account become compromised.
You agree not to create more than one account unless instructed to do so by us. You agree not to attempt to circumvent restrictions we put in place to limit your influence or interactions with aspects of our Services.
You agree not to share your account credentials, provide direct or indirect access to your account, or interact with our Services on behalf of anyone else.
We frequently limit users' access to our Services when we believe that their continued use of our Services would negatively impact other users or put us at risk. We reserve the right to limit your access for any reason at any time. You may utilize our support features for appealing our decision, but we have the final say on what restrictions to place on your account.
We cannot guarantee that our Services will be available or function as expected at all times. We may experience interruptions or errors which cause our Services to behave unexpectedly or become unavailable for periods of time. We may also need to limit your access to our Services while we perform maintenance or repairs. You agree that our Services will be provided "as is" and "as available", and will hold us harmless for any damages, inconveniences, wasted expenses or loss of data or revenue due to interruptions or errors in our Services. At our discretion we may offer compensation in various forms, including site credit or refund, as reimbursement for lost advertisement time, erroneous payments, or other direct and measurable losses. We have the final say on what form compensation is provided in these circumstances.
3. WARRANTIES AND WAIVERS
You warrant that all information you supply through our Services is truthful, authentic and reliable.
You warrant that you will fulfill all contracts you enter into with other users of our Services or terminate them in accordance with your mutual agreements.
You warrant that the User Products you are dealing with through our Services are safe, fit for purpose, not infringing on anyone's copyright, privacy rights, or intellectual property rights, and are lawful in nature. You also warrant that you have all necessary rights to any content which you are supplying through our Services.
You furthermore grant us a perpetual, unlimited, non-exclusive, royalty free license to host, copy, modify, distribute, sell and sublicense all content which is supplied by you to our Services. This license will enable us to utilize a Merchant of Record in providing you with regional tax compliance and chargeback protection among many other content specific benefits when dealing through our Services and is a fundamental necessity in order maintain the security and stability of the Services we offer.
You have the right to deactivate your account at any time (https://builtbybit.com/account/disable/). Deactivating your account will restrict certain information on your account from being publicly viewable, it will not delete any content. If there is personal information of yours which you do not have access to remove, you may contact our support team with a request.
You agree to waive your moral rights and any applicable intellectual property rights to any suggestions, reviews or feedback provided regarding or through our Services, which will be treated as non-confidential and non-proprietary. If action is taken as a result of your reviews, suggestions or feedback, you will not be owed any compensation or credit.
We reserve the right to modify the structure, functionality and contents of our Services at any time, for any reason, without notification. Including but not limited to discontinuing or restricting access to areas you have posted in or are advertising in, removing or altering features you have paid to use, and modifying or removing information associated with your account such as your username, messages, User Products offers or listings, personal details, statistics, etc.
BuiltByBit permits you to use its name, logo, design and other brand features non-commercially for instructive, educational or illustrative purposes, so long as it does not imply or suggest a relationship or affiliation with, or endorsement by BuiltByBit. Our brand features may not be placed on manufactured products, such as T-shirts, packaging, or other merchandise without our explicit permission. We reserve all rights not expressly granted to you. We have the final say in what constitutes a violation of these conditions and if we find you to be in violation, we will take reasonable means to notify you, and you agree to cease and forever desist the infringing activities.
5. PURCHASES AND REFUNDS
You agree waive any rights you may have to a refund period. All purchases from us are final and non-refundable. If your account is disabled or restricted, no refund will be provided for your purchases. We provide no guarantee that prices for items purchased will remain the same and we do not offer price protection or refunds in the case of a reduction.
All products and services purchased from us for another user are to be given only as free gifts without a need for compensation and may not be included in or considered as any form of trade between users. Gifted purchases, like all other purchases, are final and non-refundable.
6. DISPUTE RESOLUTION
You agree to negotiate with us to resolve any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, privately and informally for at least thirty days. Likewise, we agree to be bound by the same terms. In the event that a resolution cannot be reached informally, both parties will seek resolution by means of arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.