Terms and Conditions

The unfortunate legal stuff

It is our aim that we will provide an excellent service at a reasonable price, and our expectation that you will use it normally and get value and pleasure from it. None of these terms and conditions should ever be necessary.

If we behaved unreasonably, then we are sure that you would stop using our service. The reverse is also true - if people use Sidebuddy in a bad way then we need to be able to stop them.

So you will find our terms and conditions below. You must accept them in order to use the service.

If people find loopholes then we will update these terms and conditions in order to stop them. We won't necessarily tell all our nice customers about the change.

Terms and Conditions

Sidebuddy is an online service that allows individuals to record and collate data from mobile phones and other devices. The following are the terms and conditions for use of Sidebuddy ("the Service"). By using a Sidebuddy account you agree to be bound by these terms and conditions.

Violation of any of these terms and conditions may result in your account being terminated at the sole discretion of Five Right Pty Ltd ("Five Right").

From time to time Five Right may find it necessary to update these Terms and Conditions. Your continued use of the service shall constitute your consent to these changes. Five Right will also add new features to the Service - these features will be bound by these terms of service.

1. Using the Account

1.1Sidebuddy accounts are available only to persons who can form legally binding contracts under applicable law.

1.2You may only use the account for the nominated number of persons and vehicles - sharing of accounts by multiple people is not permitted.

1.3All messages received by Sidebuddy from your nominated phone numbers and email addresses will be posted to your account. Five Right are not responsible for the content of those messages.

1.4You are responsible for maintaining the security of your username and password. Five Right cannot and will not be responsible nor liable for any loss or damage caused by your failure to comply with this security condition.

1.5You may not attempt to abuse the free trial period in order to gain free ongoing access to the Service.

1.6Your account must be created by a human. Accounts created by a software program or 'bot' are not allowed.

1.7You may not use Sidebuddy for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws (including but not limited to tax laws).

1.8Five Right reserves the right to refuse service to anyone for any reason at any time.

2. Payments and Refunds

2.1A valid credit card is required for paying accounts. If an invalid credit card is provided and a replacement cannot be provided, then your account may be cancelled.

2.2You must be authorised to use the payment card used to pay for the Service.

2.3If you do not cancel your account within the free trial period then you will be billed at the end of that period. If you cancel prior to the end of the free trial period, you will not be billed.

2.4Sidebuddy is billed in advance and is non-refundable. There will be no refunds or credits for any reason, except where required by the Trade Practices Act.

2.5You are solely responsible for properly cancelling your account. Cancelling your account can be done from within your Account Management page.

2.6All of your message data will be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled.

2.7Five Right, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Sidebuddy, for any reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all message data in your Account.

3. Copyright

3.1The design (look and feel, HTML and CSS) of Sidebuddy is copyright and may not be copied, duplicated, or presented as anything other than the property of Five Right.

3.2The Sidebuddy application code is copyright and you must not attempt to access, copy, distribute or duplicate such code in any way.

4. General Conditions

4.1Your use of the Service is at your sole risk. The service is provided on an 'as is' and 'as available' basis.

4.2Five Right do not provide tax advice and will not be responsible or liable for any loss or damage caused by your decisions on your tax affairs.

4.3Technical support is only provided to paying active account holders and is only available via email.

4.4You agree not to sell, resell, or exploit the Service without the express prior written permission by Five Right.

4.5You understand that Five Right uses third party vendors and hosting partners to provide the necessary SMS connections, services, hardware, software, storage, networking, and related technology required to run Sidebuddy.

4.6Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Five Right customer, employee, member, or officer will result in immediate account termination.

4.7You understand that the technical processing and transmission of Sidebuddy, including your messages, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.8You must not transmit any worms or viruses or any code of a destructive nature.

5. Warranty

5.1Use of the Service and reliance on the Service, including any action taken by you because of such use or reliance, is at your own risk.

5.2Five Right does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in the Service will be corrected.

5.3 Five Right disclaims all warranties, express or implied, including, but not limited to, implied fitness for purpose and noninfringement.

5.4Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Five Right to use commercially reasonable efforts to adjust or repair the Services.
This does not affect your rights under the Trade Practices Act.

6. Data

6.1Information provided by you in relation to your account may be used by Five Right to tailor the Service, improve the Service, and communicate with you.

6.2Five right will not willingly share any information provided by you, nor any data posted by you on this service, to any other company or government agency.

6.3Terminated, complete, or inactive accounts may be deleted after a reasonable time by Five Right. It is your responsibility to download your data and store it safely. The Service is not an archive facility nor intended for long-term storage. Five Right will not be liable for any loss or damage caused by your failure to do so.

7. Miscellaneous

7.1If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remainder shall remain valid to the maximum extent possible.

7.2The Agreement shall be governed by the laws of the State of Victoria Australia. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Melbourne, Victoria, Australia.

7.3Failure of Five Right to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. These Terms and Conditions constitute the entire agreement between you and Five Right, superseding any other agreement, including but not limited to any previous version of these terms and Conditions.