User Agreement & Terms of Services
Ahoy, Stormfacers (that’s you, the user of Team Buffalo and its Services)! This Team Buffalo User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Team Buffalo Pty Ltd (Buffalo Solutions Pty Ltd). (“Team Buffalo,” “we,” “us,” or “our”).
Remember Team Buffalo is for learning and leadership growth and is intended to be a place for your development, but we still need rules in place to ensure we support those involved. In order to use the Services, you must have accepted these Terms, which are: (a) presented to you when you create an Account; and (b) available at all times when you access the Services. If you don’t accept them, you may not access or use our Services. Failure to comply with this Agreement may result in immediate termination of membership without a refund.
1. Your Access to the Services
No one under 18 is allowed to use or access the Services and these Services are intended for leaders/managers to use.
By using the Services, you state that:
- You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
- You can form a binding contract with Team Buffalo;
- You are not barred from using the Services under all applicable laws; and
- You have not been permanently suspended or removed from the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have the full legal authority to bind such entity to these Terms.
3. Your Use of the Services
Subject to your complete and ongoing compliance with these Terms, Team Buffalo grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use of the Services. We reserve all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service.
You are solely responsible for your interactions with other users of the Services and/or Website and any other parties with whom you interact through the Services and/or Website. Any interaction with another user of the Services and/or Website must be in compliance with the Standards of Behaviour and these Terms. Team Buffalo reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Team Buffalo to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your account.
If you have a dispute with any user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
We do not guarantee that the Services will always be available or uninterrupted. We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You understand that comments, opinions, content and actions by users on the platform are not those of Team Buffalo and you agree to hold us and our agents harmless for any said items. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your Team Buffalo Account and Account Security
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Team Buffalo if you discover or suspect that someone has accessed your Account without your permission. Account access is not to be shared with any other user. Failure to comply with this may result in immediate termination without refund. We recommend that you use a strong password that is used only with your Account.
You will not license, sell, or transfer your Account without our prior written approval.
5. Your Content
The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Team Buffalo the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organisations, or individuals who partner with Team Buffalo. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Team Buffalo or our Services that you provide to us are entirely voluntary, and you agree that Team Buffalo may use such ideas, suggestions, and feedback without compensation or obligation to you.
The Services and/or Website may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services and/or Website. Team Buffalo has no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on or in connection with the Services and/or Website, or that you provide to others. We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in our sole judgment violates these Terms.
Although we reserve the right to review, screen, edit, or monitor Your Content, we do not necessarily review all of it at the time it’s submitted to the Services. However, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
6. Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Team Buffalo, and the rules for your Promotion must require each entrant or participant to release Team Buffalo from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk while agreeing to seek Team Buffalo permission beforehand.
7. Things You Cannot Do
When using or accessing Team Buffalo, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy which are incorporated by this reference into, and made a part of, these Terms and contain Team Buffalo’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
- Use the platform to broadcast and share content in the following categories:
- No NSFW Content – Broadcasts on Team Buffalo may not include NSFW (“Not Safe for Work”) content. As noted in the Content Policy, this means content that contains nudity, pornography or sexually suggestive content, or graphic violence, which a reasonable viewer may not want to be seen accessing in a public or formal setting such as a workplace.
- No Illegal or Dangerous Behavior – Broadcasts may not contain activities that are illegal, or that pose an unreasonable risk of bodily harm to the stream subject or bystanders. Please note that this includes (but is not limited to) broadcasting while operating a vehicle and the illegal use of substances.
- No Quarantine-Eligible Content – Broadcasts on Team Buffalo may not include content that would otherwise trigger a Quarantine. As noted in the Content Policy, this means content that the average User may find highly offensive or upsetting, or which promotes hoaxes.
- Contextual Exceptions – When showing the world live as it happens, broadcasts may capture things that technically break these policies, but are nonetheless important. They may be newsworthy, educational, or otherwise socially valuable. Accordingly, we always take into account the context of a specific broadcast when making policy judgements.
- Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Team Buffalo (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Team Buffalo’s prior consent is prohibited); or
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Team Buffalo or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email firstname.lastname@example.org.
Moderating is an official position. Moderators exist to help improve User experience and uphold the Content Policy. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
Team Buffalo reserves the right, but has no obligation, to overturn any action or decision of a moderator if Team Buffalo, in its sole discretion, believes that such action or decision is not in the interest of Team Buffalo or the Team Buffalo community.
9. Copyright, Trademark, the DMCA, and Takedowns
Team Buffalo respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify by emailing: email@example.com.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Team Buffalo for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via Team Buffalo’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter-notification by emailing: firstname.lastname@example.org.
10. Paid Services and Payment Information
In addition to these Terms, by purchasing or using Team Buffalo, you further agree to the following:
A. Paid Membership
Team Buffalo is a subscription membership. When you purchase Team Buffalo, you expressly agree that you are authorizing recurring payments, and that payments will be made to Team Buffalo by the payment method and at the recurring intervals (monthly or annually) you have agreed to, until the subscription is cancelled by you or by Team Buffalo.
You can manage your Team Buffalo subscription and Payment Information by accessing your Account’s user settings or via your mobile app. We automatically process your Payment Information on the calendar day corresponding to the start of your subscription. If your subscription starts on a day not contained in the next month, you will be billed on the last day of that month. Mobile renewal processing dates may vary subject to any additional third-party terms. If your Payment Information is declined, you must provide new Payment Information or your subscription will be cancelled. If you provide new Payment Information and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.
You can cancel Team Buffalo any time (within the current paid period, though refunds will not be given on unused portions of any annual membership). Your subscription automatically renews (each month or year) unless you cancel at least 24 hours before your subscription period ends. To cancel your subscription, follow the instructions in your Account’s user settings. If you purchased Team Buffalo using your Apple ID, you can cancel your subscription through your device’s Account Settings or in the Manage Subscriptions section of the Apple App Store. If you purchased Team Buffalo using Google Play, you can cancel your subscription by visiting the Subscriptions section of Google Play. Your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. You acknowledge at the end of your subscription, you will lose access to all features and the service in its entirety.
B. Paid Services Obtained Through Third Parties
If you obtain a Team Buffalo subscription via a third party (e.g., Google Play, Apple App Store), that purchase may be further subject to the third party’s terms as agreed between you and such third party. For Paid Services purchases obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your subscription will be billed by the applicable third party using the payment information you have provided to such third party.
C. Suspension and Termination
As stated in Team Buffalo’s User Agreement and Content Policy, you must follow and comply with the rules of the platform and the rules of the individual group you participate in. Failure to do so may constitute a breach of these Terms and result in a temporary or permanent ban from Team Buffalo. In such instances, you might lose the benefits of Team Buffalo and we will not compensate you for this loss.
If you reside in the EEA, United Kingdom, or Switzerland, you have the right to withdraw from Team Buffalo within fourteen (14) calendar days without giving reasons. The withdrawal period is fourteen (14) calendar days from the date of conclusion of the Agreement. To exercise your right of withdrawal, you must submit a request. Additionally, you acknowledge by entering into a subscription for Team Buffalo, you have expressly requested and consented that Team Buffalo commence immediately at which point your right to withdrawal is lost.
Team Buffalo may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
11. Intellectual Property and Ownership
The Services are owned and operated by Team Buffalo. The visual interfaces, graphics, design, compilation, information, data, files, tools, content, courses, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Team Buffalo are protected by intellectual property and other laws. All Materials included in the Services are the property of Team Buffalo or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Team Buffalo. Except as expressly authorized by Team Buffalo, you may not make use of the Materials/content/files/tools/IP. Team Buffalo reserves all rights to the Materials not granted expressly in these Terms.
Unless otherwise indicated, we retain all right, title and interest to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Services is protected by Australian copyright and trademark law and applicable laws and treaties throughout the world. The Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us. Any individual copying, reproducing or distributing all or any portion of the Services in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and/or criminal penalties in Australia or their local country. The Services contains certain licensed materials and our licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted to you herein are reserved by us.
12. Information Collection and Usage
By using the Service, you consent to these information collection and usage terms, including (where applicable) transfer of data to us and affiliated companies into a country outside of Australia. If you connect to the Internet when using the Service, we may receive information from hardware manufacturers and may automatically collect certain information from your computer or Technology Unit. This information may include, but is not limited to, user IDs (such as screen names), locations visited, surveys and live polls, hardware MAC address, internet protocol address, and your usage of various Service features. All information collected by us is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to us and used as described herein.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Team Buffalo, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Team Buffalo Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
14. Limitation of Liability
By using the Services you agree that the Team Buffalo Entities’ liability is limited to the maximum extent permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Team Buffalo isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
Team Buffalo will not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to the Services and/or Website whether based on contract, tort or any other legal theory, and whether or not Team Buffalo has been advised of the possibility of such damages. Team Buffalo will not be liable to you for more than the amount you have paid to Team Buffalo for the Services in accordance with these terms. You acknowledge and agree that if you have not paid anything to Team Buffalo during such time period, your sole remedy (and Team Buffalo’s exclusive liability) for any dispute with Team Buffalo is to stop using the service and to cancel your account.
15. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our reasonable discretion, are material, we will notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services at least 30 days before the date they become effective. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Team Buffalo (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.
The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 13 (Indemnity), 14 (Limitation of Liability), 17 (Termination), and 18 (Miscellaneous).
You hereby agree that if these Terms are not specifically adhered to, we may suffer irreparable damaged, and therefore you agree that we will be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to these Terms, in addition to any other available remedies.
These Terms are a legally-binding agreement between you and Team Buffalo Pty Ltd (Buffalo Solutions Pty Ltd). If you have any questions about these terms, please email us at email@example.com.