LEGAL

PRIVACY POLICY

This policy describes the types of personal information we may collect and how we use it to provide the BudTrap service.

Effective Date of this version: April 1, 2009

Thank you for visiting BudTrap.com, including the Budtrap Facebook Pages and twitter pages (collectively, the “Website”). This Website is operated by BudTrap International Pty Ltd, (“BudTrap), contactable at Po Box 327, Darlinghurst, NSW 1300 Australia. Your access to and use of this Website is subject to the following Privacy Policy (“Privacy Policy”) and all applicable laws. The terms “BudTrap”, “we”, “us” and “our” when used in this Privacy Policy means BudTrap International Pty Ltd. The terms “you” and “your” when used in this Privacy Policy means any user of this Website.

WHAT WE COLLECT.

We collect the e-mail addresses and certain personally identifiable information of those who communicate with us via e-mail, twitter or register with us to open an “Account” or request a “BudTrap” product. We also collect certain aggregate information regarding which pages users access or visit, and information volunteered by the users (such as any surveys BudTrap might conduct and/or site registrations). When you register or undertake a survey on the BudTrap Site we ask for the following information: your name, facebook contact, email address, twitter details and billing or postal address. When you submit information, you are transferring such information into the Australia and you here by consent to such transfer. BudTrap may also collect and analyze from visitors and users certain information regarding the use of the BudTrap Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.

USE OF INFORMATION.

We may use personal information to provide the Services you’ve requested. We may also use personal information for auditing, research and analysis to operate and improve the BudTrap Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the BudTrap Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users.

The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

COOKIES.

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the BudTrap Site. We use cookies to assist in delivering the Service and to provide a positive and personalized user experience. Our persistent and session ID cookies are used to identify unique visitors to our sites and to provide you with easy access to your files. If you have your browser set to reject cookies, your usage of the Service and BudTrap Site is likely to be interrupted.

SECURITY.

BudTrap has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user’s responsibility to protect the security of his or her login information. We have attempted to protect the BudTrap servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies.

These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.

COMPLIANCE WITH CHILDREN'S ONLINE PRIVACY PROTECTION ACT.

Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm) you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. We do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 13 years of age. BudTrap reserves the right to refuse service to anyone at any time without notice for any reason.

CHANGES TO THIS POLICY.

BudTrap may periodically update this policy. We will notify you about significant changes in the way we treat personal information by posting a prominent notice on the BudTrap Site and possibly sending a notice to the primary email address specified in your Account. We do not intend to reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Each version of this Policy will be identified at the bottom of the page by its effective date.

GOVERNING LAW.

This Privacy Policy forms part of our Website Terms of Use and as such shall be governed by and construed in accordance with the laws of the State of New South Wales in Australia without regard to conflicts of a law principles. You hereby consent and waive all objection to jurisdiction of the federal and state courts of the state of New South Wales and to venue therein.

QUESTIONS.

Any questions about this Terms of Use document should be addressed to: privacy [at] BudTrap.com or by mail at: BudTrap International Pty Ltd Po Box 327 Datrlinghurst NSW, Australia 1300.

TERMS OF USE

Welcome to BudTrap! Before enaging with BudTrap site or products you must read and agree to the BudTrap Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

This Website is operated by BudTrap International Pty Ltd ACN 131 601 191 ABN 87 131 601 191 (“BudTrap”). Your access to and use of this Website is subject to the following terms of use (“Terms of Use”) and all applicable laws.

Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. BudTrap may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BudTrap service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

DEFINITIONS.

The terms “BudTrap”, “we”, “us” and “our” when used in these Terms of Use means BudTrap and its subsidiaries, divisions, branches, affiliates or companies under common ownership or control of BudTrap. The terms “you” and “your” when used in these Terms of Use means any user of this Website.

AGREEMENT.

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, contributing content to and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request. Please e-mail us at the e-mail address listed at the end of these Terms of Use. ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

PRIVATE USE.

This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian.

PRODUCT AND SERVICE INFORMATION.

All references on this Website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.

OWNERSHIP.

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the Australia, and all Content and intellectual property rights therein are the property of BudTrap or under license to BudTrap by Aspira Pty Ltd. ALL RIGHTS RESERVED.

The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

TRADEMARKS.

The BudTrap logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of BudTrap (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. iPod and IPhone are Trademarks of Apple Inc, registered in the U.S. and other countries. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

HYPERLINK DISCLAIMER.

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-BudTrap website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

DATA PROTECTION CONSENT.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read through all these documents carefully. All personal data provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy. Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

NO WARRANTIES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

EXCLUSION OF LIABILITY.

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

YOUR OBLIGATIONS.

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website. In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact BudTrap at customer.service [at] BudTrap.com) and until we are so notified you will remain liable for any unauthorized use of your account. You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. BudTrap reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website).

MODIFICATION AND DISCONTINUATION.

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

CURRENCY AND TIME ZONES.

All payments, including mail and contributions to causes are in US dollars. BudTrap and specifically the BudTrap Battles operate off United States West Coast time.

ENTIRE UNDERSTANDING.

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

SEVERABILITY AND NON-WAIVER.

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

LAW AND JURISDICTION.

These Terms of Use shall be subject to, governed by and construed under the laws of the State of New South Wales in Australia, without regard to conflict of law principles. This Website is operated from the State of New South Wales. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of New South Wales and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

QUESTIONS.

Any questions about this Terms of Use document should be addressed to: privacy [at] BudTrap.com or by mail at: BudTrap International Pty Ltd Po Box 327 Datrlinghurst NSW, Australia 1300.