This summary is a plain-English guide only. The full Terms below are what is legally binding.
BiiBuy is a marketplace, not the shop. You buy Deals from local businesses ("Merchants"). The Merchant — not BiiBuy — sells to you and is responsible for the goods or service.
Deals are discounted prepaid vouchers. Because you get a genuine discount, each Deal has a use-by date and conditions (e.g. days/times, one-per-visit) set by the Merchant. These are shown to you before you pay.
After the use-by date, the Deal expires and is generally not refundable — so use it in time.
Your consumer rights still apply. If a business doesn't deliver, sells something faulty, or its conditions were misleading, you have rights under the Australian Consumer Law, owed to you by the Merchant. If a Merchant disappears before you've used a voucher and we can still recover the money, we'll try to refund the unused part.
Your QR code is yours. Showing it to staff to redeem is fine; don't sell or give it to another person.
Privacy. We collect your name, email, location and purchase history to run the app and prevent fraud, use Stripe for payments, and share limited data with providers like Google, Supabase, Meta and TikTok for hosting, ads and analytics. You can opt out of ad matching. We don't sell your data.
How to read this document
These Terms of Service ("Terms") govern your use of the BiiBuy platform. They apply to everyone who uses BiiBuy, but some sections apply specifically to Users (customers) and others specifically to Merchants (businesses that list Deals). Defined terms are capitalised and explained in Section 1.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law or "ACL") or any other law where to do so would be unlawful. Where any provision purports to do so, it is read down to the extent necessary to comply, and otherwise severed.
SECTION 1 — INTRODUCTION & DEFINITIONS
1.1 Binding contract. By accessing or using the BiiBuy web-based platform (the "Platform"), creating an account, listing a Deal, or purchasing a Deal, you agree to be bound by these Terms and the Privacy Policy in Section 9. If you do not agree, you must not use the Platform.
1.2 The entity. The Platform is owned and operated by BIIBUY PTY LTD (ACN 692 039 295; ABN 39 692 039 295), a proprietary limited company registered in New South Wales, Australia ("BiiBuy", "we", "us", "our").
1.3 Role of BiiBuy — facilitator only. BiiBuy operates a digital marketplace that lets third-party businesses ("Merchants") offer bundled or pre-paid discounted goods and services ("Deals" or "Packages") to customers ("Users"). BiiBuy provides the technology platform, payment facilitation, the Digital Wallet and the QR redemption system. BiiBuy is not the seller or supplier of any Deal. The supply contract for each Deal is formed directly between the User and the Merchant.
1.4 Definitions.
"Deal" / "Package" — a pre-paid offer of goods and/or services listed by a Merchant at a genuine discount to ordinary retail value, redeemable via the Digital Wallet.
"Genuine Discount" — the Package price is materially lower than the price the Merchant has actually and customarily charged the public for the same goods or services in the 90 days immediately before listing. A Merchant must be able to substantiate that ordinary price on request.
"Redemption" — the act of a Merchant scanning a User's QR code to provide all or part of a Package.
"Validity Period" — the period during which a Package may be redeemed, set by the Merchant and disclosed at the point of sale.
"Platform Service Fee" — the fee BiiBuy charges Merchants, set out in clause 4.3.
1.5 Acceptance and record.
(a) Users accept these Terms by ticking an unchecked "I agree" box at account creation. Before completing any purchase, the User must actively confirm (by ticking an unchecked box shown next to that Deal's use-by date and material conditions) that they accept that Deal's Validity Period and conditions.
(b) Merchants must expressly accept these Terms and the Merchant obligations in Sections 7 and 8 by affirmative action (ticking "I agree") during onboarding, before any Deal can be listed.
(c) For each acceptance, BiiBuy records the account, timestamp, the exact Terms version, and (for purchases) the Deal's displayed Validity Period and conditions, as evidence of the agreement reached.
SECTION 2 — ELIGIBILITY & ACCOUNT REGISTRATION
2.1 Age. You must be at least 18 years old to create an account. BiiBuy takes reasonable steps not to knowingly collect personal information from, or serve personalised advertising to, anyone under 18.
2.2 Account security. You are responsible for keeping your credentials confidential. You must notify us promptly of any suspected unauthorised use. You are responsible for activity under your account except to the extent it results from BiiBuy's own failure to maintain reasonable security, or from a matter outside your reasonable control that you could not have prevented by taking reasonable care.
2.3 Accuracy of information. You must provide accurate, current information, including a valid email address. We may suspend or restrict an account that we reasonably believe contains false or fraudulent information, following clause 11.
SECTION 3 — THE BIIBUY MARKETPLACE (USERS)
3.1 Nature of the transaction. When a User buys a Deal, the contract for the supply of the goods or services is formed between the User and the Merchant. The Merchant is the seller.
3.2 BiiBuy's role and responsibility for goods. BiiBuy does not manufacture, store, handle, inspect or supply any goods or services sold through a Deal. To the maximum extent permitted by law, BiiBuy is not responsible for the quality, safety, legality, description, fitness for purpose or delivery of goods or services supplied by a Merchant. This clause does not limit any rights you have against BiiBuy that cannot be excluded under the ACL, and does not affect the consumer guarantees you are entitled to from the Merchant as supplier.
3.3 Your consumer guarantee rights. As a User, you have rights under the ACL that cannot be excluded, including guarantees that goods are of acceptable quality, match their description, and are fit for any disclosed purpose, and that services are provided with due care and skill. These guarantees are owed to you by the Merchant as the supplier. Where a Deal fails to meet a consumer guarantee, your primary remedy is against the Merchant. BiiBuy will, on request and acting reasonably, provide platform records (such as proof of purchase and redemption logs) to help you pursue that remedy.
3.4 Merchant default. If a Merchant ceases trading, enters external administration or insolvency, or fails to honour a valid Package, the User's contractual recourse for the supply is against the Merchant. BiiBuy is not the supplier and does not guarantee the Merchant's solvency or performance. However:
(a) where a User has paid for a Package and the Merchant has not yet provided the goods or services, and the funds remain held or recoverable within the payment system, BiiBuy will use reasonable endeavours to facilitate a refund or chargeback of the unredeemed amount through Stripe; and
(b) nothing in this clause limits any right the User has under the ACL or against the Merchant.
SECTION 4 — PRICING & PAYMENTS
4.1 Currency and GST. All prices are in Australian Dollars (AUD) and, where applicable, are inclusive of GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The Merchant is responsible for the correct GST treatment of its own supplies.
4.2 Payment processing. Payments are processed by Stripe. By transacting, you agree to Stripe's applicable terms. BiiBuy is not liable for acts, errors, delays or security incidents occurring within Stripe's systems, except to the extent caused by BiiBuy's own act or omission or as required by a law that cannot be excluded.
4.3 Platform Service Fee. Merchants agree that BiiBuy retains a Platform Service Fee of 5% plus $0.30 AUD of the gross transaction value of each Deal sold, deducted automatically before remittance. BiiBuy will give Merchants at least 30 days' written notice before any increase to this fee, and the Merchant may stop listing new Deals and/or terminate before the change takes effect.
SECTION 5 — DEALS, PACKAGES, THE DIGITAL WALLET & QR REDEMPTION
5.1 Discount Packages. Each Deal is a pre-paid offer of goods or services sold at a Genuine Discount to the Merchant's ordinary price. The discount is the consideration for the Validity Period and redemption conditions described below. Where a Package is not in fact a Genuine Discount, the statutory minimum gift-card validity (currently 3 years) under the ACL applies, and the Merchant must set a Validity Period of no less than 3 years for that Package.
5.2 Validity Period set by the Merchant. Because each Package reflects a Genuine Discount, the Merchant sets the Validity Period and the redemption conditions for the Package (for example, days/times available, location, or quantity per visit). The Validity Period and any material conditions must be displayed prominently to the User before purchase — in plain language, in text no smaller than the surrounding body text, positioned at or above the purchase button, and not solely behind a link or in collapsed text. By ticking to confirm and completing purchase (clause 1.5(a)), the User accepts the Validity Period and conditions disclosed at that time.
5.3 Effect of expiry. When the Validity Period ends, unredeemed entitlements under the Package expire and the QR code can no longer be redeemed and is removed from the Wallet, subject to clause 5.4. Merchants must not set a Validity Period, or impose conditions, that are misleading, that effectively deny the User the benefit paid for, or that contravene the ACL.
5.4 Consumer law safeguard. Expiry under clause 5.3 does not override any non-excludable ACL right. In particular, if the Merchant fails to make the goods or services reasonably available during the Validity Period, or the conditions disclosed were misleading, the User may be entitled to a remedy from the Merchant (which may include a refund of the amount paid) despite expiry.
5.5 Wallet storage and dynamic QR codes. Purchased Packages are stored as dynamic QR codes in the User's Digital Wallet. For multi-redemption Packages (e.g. "5 Coffees"), the QR balance updates on each scan and the code expires once the balance reaches zero or the Validity Period ends, whichever is first.
5.6 Non-transferability. Each Package and QR code is tied to the registered account holder and must not be sold, given, or transferred to another person, or used by anyone other than the account holder, except where required by law. Displaying or screenshotting your own QR code to present it to a Merchant for redemption is permitted. This restriction protects against fraud; it does not prevent a User from exercising consumer rights.
5.7 Redemption. A Merchant scan constitutes a Redemption. The Merchant must record Redemptions accurately. Where there is a genuine dispute about whether a scan was authorised or correct (e.g. a double-scan or error), the Merchant may reverse it under clause 8.2, and BiiBuy may rely on its platform logs to assist resolution under clause 8.4.
SECTION 6 — GEOLOCATION & SEARCH
6.1 Location services. The Platform uses GPS/geolocation to show nearby Deals. We aim for accuracy but do not warrant that location data, or a Merchant's listed address, is error-free. Merchants are responsible for the accuracy of their own listed location.
6.2 Search and ranking. Search results are ordered by BiiBuy's algorithms and may be influenced by factors such as proximity, popularity, relevance and Deal availability. Where any placement is paid or sponsored, BiiBuy will identify it as such, consistent with the ACL prohibition on misleading conduct.
7.1 Merchant verification and onboarding. Before activation, every Merchant must complete verification, including:
a valid Australian Business Number (ABN) or Australian Company Number (ACN);
a 100-point identity check (e.g. passport, driver licence) and proof of business operation (e.g. lease or utility account); and
any licences or certifications relevant to what they sell (e.g. food safety).
BiiBuy may refuse, suspend or revoke Merchant status where verification documents are insufficient, expired, fraudulent, or where it reasonably believes activation poses a legal, safety or fraud risk. Where practicable and lawful, BiiBuy will give reasons and an opportunity to remedy before revoking, except where immediate action is required under clause 11.3.
7.2 The Merchant is the seller. The Merchant acknowledges and agrees that it — not BiiBuy — is the supplier and seller of every Deal it lists. The Merchant is solely and exclusively responsible for:
(a) the supply, delivery, quality, safety, and fitness for purpose of the goods and services;
(b) compliance with all consumer guarantees and other obligations under the ACL and any other applicable law (including food safety, health, licensing, weights and measures, advertising, and fair trading laws);
(c) honouring every valid Package and QR code presented within its Validity Period and on the disclosed conditions; and
(d) the accuracy and lawfulness of its listings, descriptions, images, pricing and discount claims.
7.3 Merchant representations and warranties. The Merchant represents and warrants on a continuing basis that:
(a) it holds all licences, registrations and certifications needed to supply its Deals lawfully;
(b) every Deal is accurate, genuine, not misleading or deceptive, and reflects a Genuine Discount; the Merchant can substantiate the ordinary (non-discounted) price on request, and BiiBuy may require that evidence and may remove or relist any Deal where the discount cannot be substantiated;
(c) it will honour all valid Packages on the disclosed terms;
(d) it will update or withdraw any Deal immediately if it can no longer fulfil it (e.g. a "Bundle of 5 Sandwiches" must be removed if sandwiches are no longer stocked); and
(e) its conduct on the Platform complies with all applicable laws.
7.4 Failure to honour a Package. Failure to honour a valid Package within its Validity Period and on its disclosed conditions is a material breach of these Terms. In addition to BiiBuy's rights under clause 11, the Merchant remains liable to the User for the supply and for any ACL remedy, and to BiiBuy under the indemnity in clause 7.5.
7.5 Merchant indemnity. To the maximum extent permitted by law, the Merchant indemnifies BiiBuy and its officers, employees and agents against any loss, damage, liability, fine, penalty, or reasonable cost (including reasonable legal costs) that BiiBuy actually suffers or incurs to the extent arising from:
(a) the Merchant's breach of these Terms;
(b) the Merchant's supply of (or failure to supply) goods or services, including any breach of consumer guarantees or other ACL obligation;
(c) the Merchant's breach of any law (including food safety, health, licensing, or fair trading laws), and the Merchant's own collection, use or handling of personal information outside the Platform's standard data flows (the Merchant is not required to indemnify BiiBuy for privacy exposure arising from BiiBuy's own choice of, or disclosures to, BiiBuy's nominated service providers, which BiiBuy wears as the responsible APP entity); or
(d) any claim by a User or third party that the Merchant's goods, services, listings or conduct caused harm, loss or non-compliance.
This indemnity is reduced to the extent the loss was caused by BiiBuy's own negligence, breach or unlawful conduct.
7.6 Operational security. Merchants must not use the Platform to bypass the Platform Service Fee (e.g. diverting BiiBuy-sourced customers off-platform to avoid fees), manipulate or falsify redemption data, or inflate sales metrics.
SECTION 8 — FULFILMENT, REFUNDS & DISPUTES
8.1 Honouring Packages. Merchants must honour every valid QR code presented within its Validity Period and disclosed conditions.
8.2 Merchant-initiated refunds and reversals. Merchants can issue refunds or reverse Redemptions from their dashboard where there has been an error or where required by the ACL (e.g. double-scan, unavailability, or a failed consumer guarantee).
8.3 Payment timing. BiiBuy is not liable for delays in the movement or reversal of funds caused by Stripe or banking systems, except to the extent caused by BiiBuy's own act or omission.
8.4 BiiBuy facilitation. Although the supply contract is between User and Merchant, BiiBuy may, at its discretion, review platform logs and facilitate a resolution where a dispute remains unresolved between the User and Merchant. BiiBuy is not obliged to resolve disputes about the supply itself, which remain the Merchant's responsibility. Where BiiBuy reasonably determines a User is entitled to a refund of an unredeemed amount and funds are recoverable, BiiBuy may facilitate that refund and recover it from the Merchant.
8.5 Chargebacks. Merchants are responsible for chargebacks and related fees arising from their own Deals, except where the chargeback results from BiiBuy's error.
SECTION 9 — PRIVACY POLICY
This Privacy Policy explains how BiiBuy handles personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
9.1 What we collect.
Users:
Identity data: name, email address.
Transaction data: Deals purchased, QR redemption history, timestamps, amounts.
Technical data: IP address, device and browser information, app/usage analytics.
Location data: approximate or precise location (with permission) to show nearby Deals.
Merchants:
Verification data: 100 points of identity (e.g. passport, driver licence) and proof of business operation (e.g. lease or utility account).
Financial data: ABN/ACN and bank/remittance details (held and processed via Stripe).
9.2 Why we collect and use it. We use personal information to: deliver and operate the marketplace (purchase and redemption of Packages); verify identity and prevent fraud; maintain accurate financial, transaction and audit records; detect, investigate and prevent fraud, collusion, money laundering and misuse; provide customer support and communications; optimise and secure the Platform; and meet legal, tax and regulatory obligations.
9.3 Data retention for auditing and fraud prevention. We keep personal information only for as long as we need it for a stated purpose, then de-identify or securely delete it. We do not retain data simply because retention is convenient (APP 11.2). We apply the following tiered retention:
(a) Financial and tax records (payments, remittances, invoices, GST records) — 7 years, consistent with the Income Tax Assessment Act / ATO requirements and s 286 Corporations Act 2001 (Cth);
(b) Transaction and redemption logs — up to 7 years for financial auditing, reconciliation, chargebacks, dispute evidence, and fraud detection/investigation;
(c) Location, device and behavioural/analytics data — up to 25 months, then de-identified or deleted;
(d) Merchant verification documents (including government IDs) — only as long as needed for verification, audit and fraud purposes, then securely destroyed.
We may retain specific records longer only where actually required to establish, exercise or defend an active or reasonably anticipated legal claim, or where a law or regulator requires it. A bare possibility of a future claim is not a basis for indefinite retention. We retain the records above for the stated periods even after an account is closed.
9.4 Service providers and data sharing. We do not sell your personal information. We share it in two distinct ways:
(i) Service providers acting on our instructions (they process data only to deliver a service to us, under data-processing terms requiring Privacy Act–consistent handling):
Stripe — payments and remittance processing.
Supabase — database hosting, authentication and back-end infrastructure (data storage).
Google — analytics and platform/infrastructure services.
(ii) Third parties to whom we disclose data for advertising (see clause 9.5):
Meta (Facebook/Instagram) — advertising and audience matching.
TikTok — advertising and audience matching.
We have, or will put in place, data-processing terms with each provider requiring them to handle personal information consistently with the Privacy Act and to use it only for the purposes we engage them for.
9.5 Advertising and analytics. We use analytics and advertising technologies (including Google Analytics, Meta Pixel and TikTok Pixel) to understand usage and show relevant BiiBuy Deals. To do this we may disclose hashed (pseudonymous) identifiers, such as a scrambled version of your email, to Meta and TikTok so they can match you to their accounts, show you relevant Deals, and build "lookalike audiences". These identifiers can be linked back to you and are treated as personal information, and this matching is a disclosure to those platforms. We only carry out this ad matching where you have given consent (an opt-in toggle, off by default, presented at signup). You can withdraw consent or opt out at any time via your privacy settings in the app, which disables the advertising pixels, and via Meta's and TikTok's ad-preference controls. Opting out does not stop essential, non-personalised platform functions.
9.6 Overseas disclosure. Some providers store or process data outside Australia — currently the United States (Stripe, Google, Meta, TikTok) and Singapore (Supabase/infrastructure). TikTok's corporate group may also process certain data from other jurisdictions, which can include access from China; we disclose this for transparency. Before disclosing personal information overseas, we take reasonable steps to ensure each recipient handles it consistently with the APPs, and/or rely on your consent where we seek it at the point of collection. BiiBuy remains accountable under APP 8.1 for the handling of your information by these overseas recipients, except where a valid exception applies. We will update this list if our providers or the countries involved change.
9.7 Payment data. Card payments are processed by Stripe. BiiBuy does not store full card numbers; Stripe provides us with encrypted tokens and transaction status only.
9.8 Security. We use reasonable, industry-standard measures including encryption in transit (TLS/SSL) and at rest where applicable, access controls limiting internal access to authorised personnel, and secure storage of verification documents. No system is perfectly secure; we cannot guarantee absolute security but will act reasonably to protect your information. If we suspect an eligible data breach, we will assess it expeditiously (and within 30 days), take reasonable steps to contain it, and notify affected individuals and the OAIC as required by the Notifiable Data Breaches scheme.
9.9 Access, correction and complaints. You may request access to, or correction of, your personal information by contacting us at privacy@biibuy.com.au. If you have a privacy complaint, contact us first; if unresolved, you may complain to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
9.10 International users. The Platform is intended for use in Australia. If data protection laws of another jurisdiction (such as the EU GDPR or California CCPA/CPRA) apply to a particular user, we will comply with applicable obligations to the extent they apply to us.
10.1 No automated extraction / anti-scraping. You must not use any robot, spider, crawler, scraper or other automated means not provided by us to access the Platform or extract data, including Merchant listings, pricing, or Deal configurations, without our express written consent
10.2 No commercial harvesting. You must not use Platform data to build a competing marketplace or directory, or for unauthorised commercial solicitation.
10.3 System integrity. You must not circumvent security features, reverse-engineer the Platform, conduct denial-of-service attacks, or upload malicious code.
10.4 Intellectual property. The Platform software, Digital Wallet architecture, dynamic QR technology, design, and the "BiiBuy" name and logo are owned by or licensed to BiiBuy. You are granted a limited, non-exclusive, revocable licence to use the Platform to manage and redeem Deals. You must not use our name, logo or confusingly similar marks in a way likely to mislead or suggest endorsement ("passing off").
10.5 Aggregate data. BiiBuy owns aggregated, de-identified data generated by the Platform (e.g. consumption trends), provided it does not identify any individual.
10.6 Abuse of reporting systems. You must not submit reports, appeals or complaints that are knowingly false, malicious, or part of a coordinated harassment campaign, or repeatedly resubmit the same complaint after a final determination.
SECTION 11 — SUSPENSION, TERMINATION & STRIKES
11.1 Strike system. BiiBuy uses a graduated approach to non-serious breaches:
First breach: formal warning and, if appropriate, temporary suspension (up to 7 days).
Second breach: final warning and suspension (up to 30 days).
Third breach: termination.
Wherever practicable, BiiBuy will give notice of the breach and a reasonable opportunity to remedy it before suspending or terminating.\
11.2 Immediate suspension or termination. BiiBuy may suspend or terminate an account without prior notice where it reasonably believes there is: fraud or collusive fraud (e.g. wash trading, fake redemptions, money laundering); a serious safety or food-safety risk; hacking or attacks on the Platform; a serious breach of law; or a serious risk to Users, Merchants or BiiBuy. BiiBuy will notify the account holder of the action and the reason as soon as reasonably practicable, and provide a means to respond.
11.3 Withholding and recovery of funds. Where BiiBuy reasonably determines, on the basis of platform logs or other evidence, that a User or Merchant has engaged in fraud or other conduct causing loss to BiiBuy, Users or third parties, BiiBuy may:
(a) withhold remittance of, or place a temporary hold on, amounts reasonably connected to the suspected conduct while it investigates; and
(b) set off or recover amounts reasonably necessary to cover proven losses, refunds owed to Users, chargebacks, or amounts required by law.
BiiBuy will act proportionately and will not withhold more than is reasonably necessary. To keep this fair to Merchants:
(c) BiiBuy will give the Merchant written reasons and the substance of the evidence relied on within 5 business days of imposing a hold, and a reasonable opportunity to respond;
(d) a hold will be released within 30 days unless, by then, BiiBuy has either (i) commenced recovery for a quantified loss, or (ii) referred the matter to a regulator or law enforcement, or (iii) is required by law to continue holding;
(e) any held amount later released that was not required to cover a proven or reasonably anticipated loss will be paid to the Merchant with interest at a reasonable commercial rate for the period held.
This clause does not authorise forfeiture of legitimately earned funds beyond actual or reasonably anticipated loss.
11.4 Effect of termination. On termination, your licence to use the Platform ends. Accrued rights, and clauses intended to survive (including 5.3–5.4 consumer safeguards, 7.5, Section 9, Section 10, 11.3, 12, 13 and 14), continue.
11.5 Platform changes. BiiBuy may modify the Platform's features, interface and functionality. For changes that materially and adversely affect Merchants' core use, BiiBuy will give reasonable advance notice where practicable, and the Merchant may terminate if it does not accept the change.
SECTION 12 — DISCLAIMERS & LIMITATION OF LIABILITY
12.1 Consumer guarantees preserved. Nothing in this Section excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or other law that cannot lawfully be excluded.
12.2 Platform provided "as is". Subject to clause 12.1, the Platform is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, error-free or secure against all threats.
12.3 Limitation of liability. Subject to clause 12.1, and to the maximum extent permitted by law:
(a) BiiBuy is not liable for the goods or services supplied by Merchants, which are the Merchant's responsibility;
(b) BiiBuy is not liable for indirect, consequential or special loss, or loss of profits, however arising;
(c) where BiiBuy's liability can lawfully be limited, BiiBuy's total aggregate liability to you for all other claims connected with these Terms or the Platform is limited to the greater of (i) the amount you paid for the relevant Deal(s) giving rise to the claim, (ii) the total Platform Service Fees you paid to BiiBuy in the 12 months before the claim, or (iii) AUD $100; but
(d) the cap in (c) does not apply to, and does not limit, BiiBuy's liability for its own negligence, its breach of the Privacy Act, a failure of a consumer guarantee owed by BiiBuy, fraud, or misleading or deceptive conduct by BiiBuy.
(e) Where a supply by BiiBuy is of goods or services not ordinarily acquired for personal, domestic or household use, and liability for a consumer guarantee may be limited under s 64A of the ACL, BiiBuy's liability for that supply is limited, at its option, to re-supplying the relevant service or paying the cost of re-supply. This clause does not apply to supplies ordinarily acquired for personal, domestic or household use.
12.4 Your responsibility. Each party is liable for loss to the extent it caused that loss. Liability is reduced to the extent the other party's act, omission or breach contributed to the loss.
SECTION 13 — INDEMNITY (USERS & MERCHANTS)
13.1 To the maximum extent permitted by law, you indemnify BiiBuy and its officers against claims, loss, damage and reasonable legal costs to the extent arising from your breach of these Terms, your misuse of the Platform, or your violation of any law or third-party right. This indemnity is reduced to the extent the loss was caused by BiiBuy's own negligence, breach or unlawful conduct, and does not require you to indemnify BiiBuy for BiiBuy's own wrongdoing. (Merchant-specific indemnity obligations are set out in clause 7.5.)
SECTION 14 — GENERAL PROVISIONS
14.1 Variation of these Terms. BiiBuy may update these Terms. For changes that materially affect your rights, we will give reasonable notice (e.g. by email or in-Platform notice) before they take effect. Continued use after the effective date constitutes acceptance; if you do not accept, you may stop using the Platform and close your account. We keep prior versions and version dates.
14.2 Force majeure. BiiBuy is not liable for delay or failure to perform caused by events beyond its reasonable control (e.g. natural disasters, pandemics, government action, or major internet/infrastructure outages), provided it takes reasonable steps to mitigate.
14.3 Severability. If any provision is invalid or unenforceable, it is read down or severed, and the rest continues in force.
14.4 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and BiiBuy and supersede prior discussions, unless expressly incorporated.
14.5 Governing law and jurisdiction. These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in these Terms removes your right to bring or participate in proceedings (including representative or class proceedings) where that right cannot lawfully be excluded.
14.6 Dispute resolution. Before commencing proceedings (except for urgent relief), the parties will attempt in good faith to resolve a dispute by negotiation, and may use BiiBuy's internal dispute process. This does not limit a consumer's right to approach a tribunal, ombudsman or regulator.
14.7 Relationship of the parties. BiiBuy acts as a marketplace facilitator only. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between BiiBuy and any User or Merchant, and no party may bind another. The Merchant supplies its goods and services in its own right, not on behalf of BiiBuy.
14.8 Assignment. You may not assign or transfer your rights or obligations under these Terms without BiiBuy's written consent. BiiBuy may assign or novate these Terms to a related body corporate or in connection with a sale or restructure of its business, on notice to you, provided your rights are not materially reduced.
14.9 Notices. We may give you notices by email to your registered address or by in-Platform notice, which you agree is effective. You may contact us at the email addresses in these Terms.
