Terms and Conditions

Here are our terms and conditions. Country Specific Terms in Appendix B shall also apply to this Agreement. Please contact us here if you have any other questions. Thanks for connecting.

The MYSTURA terms & conditions (updated August 2023) outline MYSTURA's and Your obligations and responsibilities on the MYSTURA Platform.

In this update to our Terms and Conditions, MYSTURA has updated information related to the implication for Users for cancelling Buzzs following formation of a Buzz Contract and Fees (including Cancellation Fees).

User Agreement: www.MYSTURA.com

MYSTURA operates an online platform allowing Users to connect through the MYSTURA Platform with other Users who provide Services.

Please read these terms and all Policies including the Community Guidelines and Privacy Policy carefully before using the MYSTURA Platform.

These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the MYSTURA Glossary.

1. SCOPE OF MYSTURA SERVICES

Basic Principles

  • 1.1 MYSTURA provides the MYSTURA Platform to enable Posters to publish Posted Buzzs.
  • 1.2 Buzzers may make an Offer in response to a Posted Buzz. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
  • 1.3 A Poster may revoke or modify a Posted Buzz at any time before he/she accepts an Offer. MYSTURA reserves the right to cancel all Offers on a Posted Buzz made prior to the modification.
  • 1.4 If a Poster accepts an Offer on the MYSTURA Platform, a Buzz Contract is created between the Buzzer and the Poster.
  • 1.5 Upon creation of a Buzz Contract, the Poster must pay the Agreed Price into the Payment Account.
  • 1.6 Upon creation of the Buzz Contract, MYSTURA has rendered MYSTURA Services and the Connection Fee is due and payable.
  • 1.7 Once the Buzz Contract is created, the Buzzer and Poster may vary the Buzz Contract on the MYSTURA Platform. The Poster and Buzzer are encouraged to use MYSTURA's private messaging system to amend or vary the Buzz Contract (including the Agreed Price) or to otherwise communicate.
  • 1.8 Once the Services are complete, the Buzzer must provide notice of that on the MYSTURA Platform.
  • 1.9 Once the Services are complete, the Poster must provide notice of that on the MYSTURA Platform.
  • 1.10 Once the Posted Buzz has been completed and the Poster confirms the Services are completed, or if MYSTURA is satisfied the Services have been completed, the Buzzer Service Fee will be payable and the Buzzer Funds will be released by MYSTURA from the Payment Account to the Buzzer. However this process does not apply to the payment of Recurring Services which is addressed in clause 1.20 below.
  • 1.11 After the Buzz Contract is completed, the parties are encouraged to review and provide feedback of the Services on the MYSTURA Platform. Search Assist
  • 1.12 MYSTURA may also provide a Search Assist feature enabling Posters to submit an Offer for Services.
  • 1.13 An Offer submitted by a Poster using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.
  • 1.14 When using Search Assist a Buzz Contract is created when a Buzzer makes an Instant Claim (and in the case of Recurring Services a Buzz Contract is created for the first Occurrence only). For Recurring Services, the next Buzz Contract is created upon completion of the previous Occurrence.
  • 1.15 A Poster may revoke or modify its Offer in using Search Assist, including for Recurring Services, at any time before a Buzzer makes an Instant Claim. MYSTURA reserves the right to cancel all Posted Buzzs made prior to the revocation or modification.

Buzzer Listing

  • 1.16 MYSTURA may also provide a Buzzer Listing feature enabling Buzzers to publish Offers for Services.
  • 1.17 MYSTURA may publish Buzzer Listings from time to time in its absolute discretion.
  • 1.18 A Poster may request to book a Buzzer Listing by clicking on the Request Booking button and completing the booking request. The Buzzer may then make an offer to perform the Buzz. When using Buzzer Listing, a Buzz Contract is created when the Poster accepts the offer made by the Buzzer.
  • 1.19 A Buzzer may revoke or modify its Buzzer Listing at any time before a Poster accepts a Buzzer’s offer.
  • Recurring Service

  • 1.20 For Recurring Services and subject to clause 1.21, once the Occurrence has been completed and the Buzzer confirms the Occurrence is completed (or if MYSTURA is satisfied the Occurrence is completed) then the Buzzer Funds for that Occurrence will automatically be released by MYSTURA from the Payment Account to the Buzzer.
  • 1.21 The Poster may elect to pause automatic payment of Buzzer Funds for an Occurrence within 24 hours from when the Buzzer confirms the Occurrence is completed. If the Poster pauses such automatic payment in accordance with this clause, then the Buzzer Funds will not be released by MYSTURA from the Payment Account to the Buzzer until the Poster also confirms that the Occurrence is completed.

2. MYSTURA'S ROLE AND OBLIGATIONS

  • 2.1 MYSTURA provides the MYSTURA Platform only, enabling Users to publish and make Offers on Posted Buzzs or publish Offers for Services or make Instant Claims of Buzzer Listings.
  • 2.2 MYSTURA only permits individuals over 18 years of age to become Users.
  • 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
  • 2.4 At its absolute discretion, MYSTURA may refuse to allow any person to register or create an account with MYSTURA or cancel or suspend or modify any existing account including if MYSTURA reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the MYSTURA Platform.
  • 2.5 Registering and creating an account with MYSTURA is free. There is no charge for a Poster to post Buzzs, or for other MYSTURA Users to review content on the MYSTURA Platform, including Posted Buzzs.
  • 2.6 MYSTURA accepts no liability for any aspect of the Poster and Buzzer interaction, including but not limited to the description, performance or delivery of Services.
  • 2.7 MYSTURA has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Buzzers to perform Buzzs or supply items, or the honesty or accuracy of any information provided by Posters or the Posters' ability to pay for the Services requested.
  • 2.8 Except for liability in relation to any Non-excludable Condition, the MYSTURA Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • 2.9 MYSTURA has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
  • 2.10 You understand and agree that MYSTURA does not undertake any investigation in relation to any Buzzer or third party service provider before they are admitted to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Buzzer or third party service provider to perform any Buzz which they may claim to be able to provide on the platform. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Buzzer to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a Buzzer. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless MYSTURA from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

3. USER OBLIGATIONS

  • 3.1 You will at all times: (a) comply with this Agreement (including all Policies) and all applicable laws and regulations; (b) only post accurate information on the MYSTURA Platform; (c) ensure that You are aware of any laws that apply to You as a Poster or Buzzer, or in relation to using the MYSTURA Platform.
  • 3.2 You agree that any content (whether provided by MYSTURA, a User or a third party) on the MYSTURA Platform may not be used on third party sites or for other business purposes without MYSTURA's prior permission.
  • 3.3 You must not use the MYSTURA Platform for any illegal or immoral purpose.
  • 3.4 You must maintain control of Your MYSTURA account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
  • 3.5 You grant MYSTURA an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the MYSTURA Platform for the purpose of publishing material on the MYSTURA Platform and as otherwise may be required to provide the MYSTURA Service, for the general promotion of the MYSTURA Service, and as permitted by this Agreement.
  • 3.6 You agree that any information posted on the MYSTURA Platform must not, in any way whatsoever, be potentially or actually harmful to MYSTURA or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by MYSTURA.
  • 3.7 Without limiting any provision of this Agreement, any information You supply to MYSTURA or publish in an Offer or a Posted Buzz (including as part of an Offer) must be up to date and kept up to date and must not: (a) be false, inaccurate or misleading or deceptive; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); (e) be defamatory, libellous, threatening or harassing; (f) be obscene or contain any material that, in MYSTURA's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any MYSTURA Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
  • 3.8 MYSTURA Platform may from time to time engage location-based or map-based functionality. The MYSTURA Platform may display the location of Posters and Buzzers to persons browsing the MYSTURA Platform. A User should never disclose personal details such as the Poster's full name, street number, phone number or email address in a Posted Buzz or in any other public communication on the MYSTURA Platform.
  • 3.9 If You are a Buzzer, You must have the right to provide Services under a Buzz Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Buzzer Funds) received under a Buzz Contract.
  • 3.10 You must not, when supplying Services, charge a Poster any fees on top of the Buzzer Funds. However, the parties to a Buzz Contract may agree to amend the Agreed Price through the MYSTURA Platform.
  • 3.11 You must not request payments outside of the MYSTURA Platform from the Poster for the Services except to the extent permitted by clause 3.12 and only if the MYSTURA Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
  • 3.12 If a Buzzer agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Buzzer is solely responsible for obtaining any reimbursement from the Poster. MYSTURA advises Buzzers not to agree to incur costs in advance of receiving the payment for these costs, unless the Buzzer is confident the Poster will reimburse the costs promptly.
  • 3.13 For the proper operation of the MYSTURA Platform (including insurance, proper pricing and compliance with Policies), the Buzzer must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Buzz Contract, then that third party must also be a registered User of the MYSTURA Platform.
  • 3.14 If MYSTURA determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Buzz Contracts, it reserves the rights to remove any content, Posted Buzz or Offer You have submitted to the MYSTURA Service or cancel or suspend Your account and/or any Buzz Contracts.

4. FEES

  • 4.1 A Connection Fee is payable to MYSTURA in respect of bookings made on the Platform. When a Customer accepts a Buzzer's offer, the Buzz is assigned to that Buzzer and a Buzz Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Connection Fee as consideration for the Poster’s use of the MYSTURA Services.
  • 4.2 Separate to the Connection Fee charged to the Poster, a Buzzer is charged a Buzzer Service Fee as consideration for the Buzzer’s use of the MYSTURA Services.
  • 4.3 When a Customer releases the Buzz Payment to the Buzzer, the Buzzer Service Fee and the Connection Fee will be retained by MYSTURA.
  • 4.4 The Connection Fee and the Buzzer Service Fee include GST (or equivalent tax on supplies, including VAT).
  • 4.5 Subject to clause 5, all Fees and charges payable to MYSTURA are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
  • 4.6 If MYSTURA introduces a new service on the MYSTURA Platform, the Fees applying to that service will be payable from the launch of the service.
  • 4.7 MYSTURA reserves the right to amend any Fees and Cancellation Fees from time to time and any changes will be updated on MYSTURA's website.

5. PAYMENTS, REFUNDS AND CANCELLATIONS

  • 5.1 If the Buzz Contract is cancelled for any reason (by a Poster, a Buzzer or under this Agreement) prior to the commencement of the Buzz Contract, then if MYSTURA is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster as MYSTURA Credits and a Cancellation Fee will be due to MYSTURA by the User who the cancellation of the Buzz Contract is attributable to under clause 5.7 or 5.8.
  • 5.2 If the Poster is responsible for the cancellation of the Buzz Contract (see clause 5.8), the Connection Fee will be retained by MYSTURA.
  • 5.3 If the Buzzer is responsible for the cancellation of the Buzz Contract (see clause 5.7), MYSTURA will deduct the Cancellation Fee from the Buzzer’s next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid).
  • 5.4 Upon request by the relevant Customer submitted to MYSTURA Support, MYSTURA may refund the Agreed Price (and Connection Fee, as applicable) to the Poster's original payment method.
  • 5.5 Any amount returned by MYSTURA to a Poster on behalf of a Buzzer under clause 5.1 will be a debt owed by the Buzzer to MYSTURA and may be offset by MYSTURA against any other payments owed at any time to the Buzzer.
  • 5.6 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to MYSTURA and may also be offset by MYSTURA against any other payments owed at any time to the User.
  • 5.7 Cancellation of a Buzz Contract will be attributable to the Buzzer where: (a) the Poster and the Buzzer mutually agree to cancel the Buzz Contract; or (b) following reasonable but unsuccessful attempts by a Poster to contact a Buzzer to perform the Buzz Contract, the Buzz Contract is cancelled by the Poster; or (c) the Buzzer cancels the Buzz Contract; or (d) a Buzz Contract is cancelled in accordance with clause 3.14 as a result of the Buzzer’s actions or breach.
  • 5.8 A Cancellation of a Buzz Contract will be attributable to a Poster where: (a) the Poster cancels the Buzz Contract (other than in accordance with clause 5.7(b); or (b) a Buzz Contract is cancelled in accordance with clause 3.14 as a result of the Poster’s actions or breach.
  • 5.9 If the parties agree to any additional cancellation fee payable under the Buzz Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
  • 5.10 MYSTURA may take up to 5-7 business days to process the return of the Agreed Price to the Poster as MYSTURA Credits or to process (following a request from a Poster) a refund to the Poster’s original payment method.
  • 5.11 If, for any reason, the Buzzer Funds cannot be transferred or otherwise made to the Buzzer or returned to the Poster (as the case may be) or no claim is otherwise made for the Buzzer Funds, the Buzzer Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Payment Account.
  • 5.12 Following the 3 months referred to in clause 5.11, and provided there is still no dispute in respect of the Buzzer Funds, the Buzzer Funds will be credited to the Poster as MYSTURA Credits.
  • 5.13 If the Buzz Contract is cancelled and a User who is party to the Buzz Contract can show that work under a Buzz Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.
  • 5.14 MYSTURA may suspend a User Account in its sole discretion for repeated Cancellations.

6. MYSTURA CREDITS

  • 6.1 MYSTURA Credits: (a) can be used by the credited User to pay for any new Services via the MYSTURA Platform; (b) are not refundable or redeemable for cash other than where the Poster has submitted a request for the return of MYSTURA Credits to their original payment method; (c) cannot be replaced, exchanged or reloaded or transferred to another card or account; (d) are valid for 12 months from the date on which those particular MYSTURA Credits are applied to a User's account, the date of issue or purchase or any expiry date applied by MYSTURA (conditional upon any contrary specific jurisdictional legislative requirements); (e) if the MYSTURA Credits is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to MYSTURA Credits, such as a restriction on when the MYSTURA Credits is redeemable (for example only for a User's first Buzz Contract), specify a minimum Services value, or specify a maximum credit or discount value; and (f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without MYSTURA's prior written permission.
  • 6.2 The User credited with a MYSTURA Credits is solely responsible for the security of any MYSTURA Credits. Save for the Non-Excludable Conditions, MYSTURA will have no liability for any loss or damage to the MYSTURA Credits and does not have any obligation to replace MYSTURA Credits.
  • 6.3 MYSTURA will not accept, and may refuse or cancel, any MYSTURA Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and MYSTURA reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, MYSTURA Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
  • 6.4 MYSTURA is entitled to any value on MYSTURA Credits which is not redeemed before the MYSTURA Credits expires or is cancelled by MYSTURA.

7. BUSINESS PARTNERS

  • 7.1 MYSTURA may enter into agreements with Business Partners and may seek to engage Buzzers in the provision of Business Services. Buzzers who agree to perform Business Services for Business Partners acknowledge and agree that MYSTURA and the Business Partner may on-sell Services supplied to third parties for an increased fee.
  • 7.2 Business Partners may require Buzzers providing Business Services to be approved or hold particular qualifications. MYSTURA may assist Business Partners to locate suitably qualified Buzzers. MYSTURA makes no warranty that it will promote any or all suitably qualified Buzzers to Business Partners.
  • 7.3 Business Partners may require Buzzers to enter into a Business Partner Contract before providing Business Services.
  • 7.4 Where a Buzzer accepts a Posted Buzz with a Business Partner: (a) the Buzzer must provide Business Services to the Business Partner in accordance with the Buzz Contract and any applicable Business Partner Contract; and (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

8. PAYMENT FACILITY

  • 8.1 MYSTURA uses a Payment Provider to operate the Payment Account.
  • 8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
  • 8.3 If MYSTURA changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

9. THIRD PARTY SERVICES

  • 9.1 MYSTURA may from time to time include Third Party Services on the MYSTURA Platform. These Third Party Services are not provided by MYSTURA.
  • 9.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the MYSTURA Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
  • 9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
  • 9.4 MYSTURA makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our MYSTURA Platform, Users may inform MYSTURA of their Third Party Service experience here.

10. VERIFICATION & BADGES

  • 10.1 MYSTURA may use Identity Verification Services.
  • 10.2 You agree that MYSTURA Identity Verification Services may not be fully accurate as all MYSTURA Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
  • 10.3 You are solely responsible for identity verification and MYSTURA accepts no responsibility for any use that is made of an MYSTURA Identity Verification Service.
  • 10.4 MYSTURA Identity Verification Services may be modified at any time.
  • 10.5 The MYSTURA Platform may also include a User-initiated feedback system to help evaluate Users.
  • 10.6 MYSTURA may make Badges available to Buzzers. The available Badge can be requested by the Buzzer via the MYSTURA Platform, and arranged on behalf of the Buzzer and issued by MYSTURA, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Buzzer and determined by MYSTURA or a third party verifier which shall be governed by its terms.
  • 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Buzz Contract, you do so aware of this limitation. You should seek to verify any Badge with the Buzzer prior to commencing the Buzz.
  • 10.8 It remains the Buzzer's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform MYSTURA immediately if a Badge is no longer valid.
  • 10.9 MYSTURA may, at its discretion, issue Badges to Buzzers for a fee.
  • 10.10 The issue of a Badge to a Buzzer remains in the control of MYSTURA and the display and use of a Badge is licensed to the Buzzer for use on the MYSTURA Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the MYSTURA Platform.
  • 10.11 MYSTURA retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by MYSTURA.

11. COVID-19 VACCINATION BADGES

User Obligations

  • 11.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your MYSTURA user profile, You must provide MYSTURA with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to MYSTURA that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive or fraudulent you may be barred from using the MYSTURA platform in future.
  • Consent to Process Data

  • 11.2 By submitting your personal information or otherwise using the MYSTURA platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that MYSTURA may provide your personal information to any third party service provider contracted for the purposes of assessing your data. MYSTURA (and its third party processors) may store your personal information for the duration of your period as a User of the MYSTURA platform and up to 6 months after you terminate your profile on the platform.
  • Assessment Process

  • 11.3 MYSTURA (or its third party processors) will assess the Covid Documentation provided by a User and verify that: the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority; the name on the Covid Documentation matches the name of the User (Customer or Buzzer) recorded on the MYSTURA platform. MYSTURA will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that MYSTURA has carried out the above steps only. MYSTURA gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.
  • 11.4 You understand and agree that individual Users (Customers or Buzzers) are solely responsible for the accuracy of the information they provide and MYSTURA does not undertake investigations in relation to Users’ vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Buzzer) you may come in contact with during the course of a Buzz, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless MYSTURA and its associates and its third party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the MYSTURA platform.
  • Disclaimer

  • 11.5 USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS MYSTURA HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR BUZZER) BY MYSTURA MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. MYSTURA EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.

12. INSURANCE

  • 12.1 MYSTURA may offer its Users in Australia, New Zealand and the United Kingdom an opportunity to obtain insurance for certain Buzz Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the MYSTURA website when they are available. MYSTURA confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
  • 12.2 MYSTURA does not represent that any insurance it acquires or which is offered via the MYSTURA Platform is adequate or appropriate for any particular User.
  • 12.3 Each User must make its own enquiries about whether any further insurance is required and Buzzers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the MYSTURA Platform.
  • 12.4 MYSTURA may also take out other insurance itself and that insurance may at MYSTURA's option extend some types of cover to Users. MYSTURA reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the MYSTURA website and the policy details can be requested via MYSTURA. Users are responsible for familiarising themselves with these details.
  • 12.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Buzzer, and the insurance taken out by MYSTURA (if any) responds to that claim then this clause applies. If a claim is made against a Buzzer, MYSTURA may (provided that the Buzzer consents) elect to make a claim under any applicable policy and if the claim is successful, MYSTURA reserves its right to recover any excess or deductible payable in respect of the claim from the Buzzer. Where MYSTURA makes a claim and the insurer assesses that the Buzzer is responsible, MYSTURA is entitled to rely on that assessment. If You do not pay any excess due under this clause, MYSTURA may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
  • 12.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Buzzer, and the insurance taken out by MYSTURA (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. MYSTURA may elect to reject or pay an amount to settle a claim not covered by MYSTURA's own insurance policies. To the extent that the Buzzer was or would be liable for the amount of the claim, if MYSTURA elects to pay an amount to settle the claim the amount paid by MYSTURA may be recovered by MYSTURA from the Buzzer. MYSTURA may also elect to set this amount off against future moneys it may owe to the Buzzer.

13. FEEDBACK

  • 13.1 You can complain about any comment made on the MYSTURA Platform using the 'Report' function of the MYSTURA Platform or contact MYSTURA via the MYSTURA Platform.
  • 13.2 MYSTURA is entitled to suspend or terminate Your account at any time if MYSTURA, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other MYSTURA Users.

14. LIMITATION OF LIABILITY

Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.

15. PRIVACY

  • 15.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
  • 15.2 MYSTURA will endeavour to permit you to transact anonymously on the MYSTURA Platform. However in order to ensure MYSTURA can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, MYSTURA reserves the right to ask Users to verify themselves in order to remain a User.
  • 16. MODIFICATIONS TO THE AGREEMENT

    • 16.1 MYSTURA may modify this Agreement or the Policies (and update the MYSTURA pages on which they are displayed) from time to time. MYSTURA will send notification of such modifications to Your MYSTURA account or advise You the next time You login.
    • 16.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the MYSTURA Platform in any manner, including engaging in any acts in connection with a Buzz Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
    • 16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify MYSTURA who will terminate Your MYSTURA account, and stop using the MYSTURA Service.

    17. NO AGENCY

    • 17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind MYSTURA, its related entities or affiliates in any way whatsoever. MYSTURA confirms that all Third Party Services that may be promoted on the MYSTURA Platform are provided solely by such Third Party Service providers. To the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

    18. NOTICES

    • 18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to MYSTURA's contact address as displayed on the MYSTURA Platform, or to MYSTURA Users' contact address as provided at registration. Any notice shall be deemed given: (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your MYSTURA Platform account.
    • 18.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

    19. MEDIATION AND DISPUTE RESOLUTION

    • 19.1 MYSTURA encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that MYSTURA may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
    • 19.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
    • 19.3 MYSTURA may elect to assist Users resolve disputes. Any User may refer a dispute to MYSTURA. You must co-operate with any investigation undertaken by MYSTURA. MYSTURA reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or MYSTURA's determination in an applicable court or tribunal.
    • 19.4 MYSTURA has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
    • 19.5 MYSTURA may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
    • 19.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
    • 19.7 If You have a complaint about the MYSTURA Service please contact us here.
    • 19.8 If MYSTURA provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to MYSTURA for any costs, losses or liabilities incurred by MYSTURA in relation to any claims relating to any other use of information not permitted by this Agreement.

    20. TERMINATION

    • 20.1 Either You or MYSTURA may terminate your account and this Agreement at any time for any reason.
    • 20.2 Termination of this Agreement does not affect any Buzz Contract that has been formed between MYSTURA Users.
    • 20.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
    • 20.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
    • 20.5 If Your account or this Agreement are terminated for any reason then You may not without MYSTURA's consent (in its absolute discretion) create any further accounts with MYSTURA and we may terminate any other accounts You operate.

    21. GENERAL

    • 21.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
    • 21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
    • 21.3 This Agreement may be assigned or novated by MYSTURA to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
    • 21.4 This Agreement sets out the entire understanding and agreement between the User and MYSTURA with respect to its subject matter.
    • Revised May 2022 copyright MYSTURA 2022

      APPENDIX A:

      MODEL BUZZ CONTRACT

      The terms used in this Buzz Contract have the meaning set out in the MYSTURA Glossary. A Buzz Contract is created in accordance with the MYSTURA Agreement. Unless otherwise agreed, the Poster and the Buzzer enter into a Buzz Contract on the following terms:

      1 COMMENCEMENT DATE AND TERM

      • 1.1 The Buzz Contract is created when the Poster accepts the Buzzer's Offer on a Posted Buzz to provide Services. When using Search Assist, the Buzz Contract is created when the Buzzer makes an Instant Claim.
      • 1.2 The Buzz Contract will continue until terminated in accordance with clause 7.

      2 SERVICES

      • 2.1 The Buzzer will perform Services in a proper and workmanlike manner.
      • 2.2 The Buzzer must perform the Services at the time and location agreed.
      • 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Buzz Contract.
      • 2.4 The parties acknowledge that the Buzz Contract is one of personal service where the Poster selected the Buzzer to perform the Services. Therefore the Buzzer must not subcontract any part of the Services to any third party without the Poster's consent.
      • 2.5 The Buzzer remains responsible and liable at all times to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Buzzer.

      3 WARRANTIES

      • 3.1 Each party warrants that the information provided in the creation of the Buzz Contract is true and accurate.
      • 3.2 The Buzzer warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

      4 PAYMENT OR CANCELLATION

      • 4.1 Upon the creation of the Buzz Contract, the Poster must pay the Agreed Price into the Payment Account.
      • 4.2 Upon the Services being completed, the Buzzer will provide notice on the MYSTURA Platform.
      • 4.3 The Poster will be prompted to confirm the Services are complete. If the Buzzer has completed the Services in accordance with clause 2, the Poster must use the MYSTURA Platform to release the Buzzer Funds from the Payment Account. For Recurring Services the Buzzer Funds for an Occurrence will automatically be released by MYSTURA from the Payment Account to the Buzzer unless paused by the Poster in accordance with the User's MYSTURA Agreement.
      • 4.4 If the parties agree to cancel the Buzz Contract, or the Poster is unable to contact the Buzzer to perform the Buzz Contract, the Buzzer Funds will be dealt with in accordance with the User's MYSTURA Agreement.

      5 LIMITATION OF LIABILITY

      • 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Buzz Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
      • 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

      6 DISPUTES

      • 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
      • 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to MYSTURA and act in accordance with clause 18 of the MYSTURA Agreement.

      7 TERMINATION OF CONTRACT

      The Buzz Contract will terminate when:

      (a) the Services are completed and the Agreed Price is released from the Payment Account; (b) a party is terminated or suspended from the MYSTURA Platform, at the election of the other party; (c) otherwise agreed by the parties or the Third Party Dispute Service; or (d) notified by MYSTURA in accordance with the party's MYSTURA Agreement.

      8 APPLICATION OF POLICIES

      The parties incorporate by reference the applicable Policies.

      9 GOVERNING LAW

      The Buzz Contract is governed by the laws of the jurisdiction where the Posted Buzz was posted on the MYSTURA Platform.

      Revised May 2022 copyright MYSTURA 2022

      APPENDIX B:

      COUNTRY SPECIFIC TERMS

        1. Australian Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) a reference to "A$", "AUD", "$A", "dollar" or "$" is to Australian currency;

        b) "MYSTURA" means MYSTURA Ltd ACN 149 850 457;

        c) "ACL" means the Australian Consumer Law;

        d) "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL;

        e) "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);

        f) This Agreement is governed by the laws of New South Wales, Australia. You and MYSTURA submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and

        g) The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Buzz Contract, even if they are not already incorporated by law.";

        h) The exclusions and limitations of liability shall be as follows:

        (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Buzzers.

        (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the MYSTURA Platform.

        (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, MYSTURA is not liable for any Consequential Loss arising out of or in any way connected with the MYSTURA Services.

        (4) Except for liability in relation to a breach of any Non-excludable Condition, MYSTURA's liability to any User of the MYSTURA Service is limited to the total amount of payment made by that User to MYSTURA during the twelve month period prior to any incident causing liability of MYSTURA, or AUD$50.00, whichever is greater.

        (5) MYSTURA's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

        i) If a Buzz is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Poster or the Buzzer, a credit will be applied to the Poster’s account for the Agreed Price as a MYSTURA Credits, which may be used for another Buzz. To the extent the credit has not been used after 18 months, it will be cancelled and retained by MYSTURA;

        2. UK Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) the UK then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) "MYSTURA" means MYSTURA UK Limited is a company registered in England and Wales under company number 10905556, with its registered office at 11 Ashley Piece, Ramsbury, Marlborough, United Kingdom, SN8 2QE, email support@MYSTURA.com and VAT number 280770787;

        b) A reference to "£" is to Great British pound sterling; c) The implied terms included in the Non-Excludable Conditions include the implied terms under the Consumer Rights Act 2015, which include (without limitation) that MYSTURA's services under this Agreement are performed with reasonable care and skill;

        d) The exclusions and limitations of liability shall be as follows: (1) Nothing in this Agreement excludes or limits MYSTURA's liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for MYSTURA to exclude or restrict its liability.

        (2) If MYSTURA fails to comply with the terms of this Agreement, MYSTURA is responsible for loss or damage You suffer that is a foreseeable result of MYSTURA's breach of this Agreement or MYSTURA's negligence, but MYSTURA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of MYSTURA's breach or if it was contemplated by You and MYSTURA at the time that this Agreement became binding.

        (3) Save as set out in paragraph (1) above, MYSTURA shall not be liable to You for any loss or damage arising out of or in any way connected with: (i) any transaction between Posters and Buzzers; and (ii) any Third Party Service provider who may be included from time to time on the MYSTURA Platform.

        (4) Save as set out in paragraph (1) above, MYSTURA's liability to any User under this Agreement is limited to the total amount of payment made by that User to MYSTURA during the twelve month period prior to any incident causing liability of MYSTURA, or £30.00, whichever is greater;

        e) The governing law and jurisdiction shall be as follows:

        (1) This Agreement is governed by English law. This means that Your access to and use of the MYSTURA Platform, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

        (2) You can bring proceedings in respect of this Agreement in the English courts. However, as a consumer, if You live in another European Union member state You can bring legal proceedings in respect of this Agreement in either the English courts or the courts of that Member State.

        (3) As a consumer, if You are resident in the European Union and MYSTURA directs the MYSTURA Platform to the member state in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in this Agreement, including paragraph (1) above, affects Your rights as a consumer to rely on such mandatory provisions of local law.

        (4) If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.

        f) The following tax provisions shall apply:

        (1) If You are a Buzzer, You must have the right to provide Services under a Buzz Contract and to work in the United Kingdom and You must not be established for VAT purposes outside the United Kingdom. You must comply with tax and regulatory obligations in relation to any payment (including the Buzzer Funds) received under a Buzz Contract. You must not sell goods as a separate supply through the MYSTURA Platform. If there is an incidental supply of goods as part of a supply of Services, then paragraph (2) will apply.

        (2) If the supply of any goods is part of a single supply of services for VAT purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Buzzer and you supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then:

        (i) You must supply such goods outside of the MYSTURA Platform and under a separate contract between You and the Poster; and (ii) the Agreed Price shall not constitute consideration for such goods and be dealt with in accordance with paragraph (1) above. g) The Service Fee and/or the Cancellation Fee only becomes payable to MYSTURA under this Agreement once MYSTURA has performed its services. Therefore, You are not entitled to cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in relation to the Service Fee and/or the Cancellation Fee.

        3. Ireland Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) Ireland then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) "MYSTURA" means MYSTURA UK Limited a company registered in England and Wales under company number 10905556, with its registered office at 11 Ashley Piece, Ramsbury, Marlborough, United Kingdom, SN8 2QE, email support@MYSTURA.com and VAT number 280770787;

        b) A reference to "€" is to Euro, the currency of certain European Union countries including Ireland;

        c) The Non-Excludable Conditions include (i) the implied terms under the Sale of Goods and Supply of Services Act 1893 -1980 (as amended), which include (without limitation) that MYSTURA's Services under this Agreement will be performed with due skill, care and diligence and that materials used will be sound and fit for purpose.

        d) The exclusions and limitations of liability shall be as follows: (1) Nothing in this Agreement excludes or limits MYSTURA's liability for: (i) death or personal injury caused by MYSTURA’s negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for MYSTURA to exclude or restrict its liability.

        (2) If MYSTURA fails to comply with the terms of this Agreement, MYSTURA is responsible for loss or damage You suffer that is a foreseeable result of MYSTURA's breach of this Agreement or MYSTURA's negligence, but MYSTURA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of MYSTURA's breach or if it was contemplated by You and MYSTURA at the time that this Agreement became binding.

        (3) Save as set out in paragraph (1) above, MYSTURA shall not be liable to You for any loss or damage arising out of or in any way connected with: (i) any transaction between Posters and Buzzers; and (ii) any Third Party Service provider who may be included from time to time on the MYSTURA Platform.

        (4) Save as set out in paragraph (1) above, MYSTURA's liability to any User under this Agreement is limited to the total amount of payment made by that User to MYSTURA during the twelve month period prior to any incident causing liability of MYSTURA, or €30.00, whichever is greater;

        e) The governing law and jurisdiction shall be as follows:

        (1) This Agreement shall be governed by Irish law. This means that Your access to and use of the MYSTURA Platform, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by Irish law.

        (2) You can bring proceedings in respect of this Agreement in the Irish courts. However, as a consumer, if You live in another European Union Member State You can bring legal proceedings in respect of this Agreement in either the Irish courts or the courts of that Member State.

        (3) As a consumer, if You are resident in the European Union and MYSTURA directs the MYSTURA Platform to the Member State in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in this Agreement, including paragraph (1) above, affects Your rights as a consumer to rely on such mandatory provisions of local law.

        (4) If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.

        f) The following tax provisions shall apply:

        (1) If You are a Buzzer, You must have the right to provide Services under a Buzz Contract and to work in the Republic of Ireland and You must not be established for VAT purposes outside the Republic of Ireland. You must comply with tax and regulatory obligations in relation to any payment (including the Buzzer Funds) received under a Buzz Contract. You must not sell goods as a separate supply through the MYSTURA Platform. If there is an incidental supply of goods as part of a supply of Services, then paragraph (2) will apply.

        (2) If the supply of any goods is part of a single supply of services for VAT purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Buzzer and You supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then: (i) You must supply such goods outside of the MYSTURA Platform and under a separate contract between You and the Poster; and (ii) the Agreed Price shall not constitute consideration for such goods and be dealt with in accordance with paragraph (1) above.

        g) The Service Fee and/or the Cancellation Fee only becomes payable to MYSTURA under this Agreement once MYSTURA has performed its services. Therefore, You are not entitled to cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 in relation to the Service Fee and/or the Cancellation Fee.

        4. New Zealand Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) New Zealand then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) a reference to NZ$, $NZ, NZD, dollar or $ is to New Zealand currency;

        b) "MYSTURA" means MYSTURA New Zealand Limited NZBN 9429048413565;

        c) "CGA" means the New Zealand Consumer Guarantees Act 1993;

        d) "Consumer Guarantees" means the consumer guarantees contained in the CGA;

        e) "Personal Information" has the same meaning given to it in the Privacy Act 1993 ;

        f) This Agreement is governed by the laws of New Zealand. and

        g) The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Buzz Contract, even if they are not already incorporated by law.";

        h) The exclusions and limitations of liability shall be as follows:

        (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Buzzers.

        (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the MYSTURA Platform.

        (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, MYSTURA is not liable for any Consequential Loss arising out of or in any way connected with the MYSTURA Services.

        (4) Except for liability in relation to a breach of any Non-excludable Condition, MYSTURA's liability to any User of the MYSTURA Service is limited to the total amount of payment made by that User to MYSTURA during the twelve month period prior to any incident causing liability of MYSTURA, or NZ $50.00, whichever is greater.

        (5) MYSTURA's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

        5. Singapore Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) Singapore then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) a reference to SG$, $SG, SGD, dollar or $ is to Singapore currency;

        b) "MYSTURA" means MYSTURA SGP PTE. LTD. Company registration number 202019830H;

        c) "CPFTA" means the Consumer Protection (Fair Trading) Act (Cap. 52A) ;

        d) "Consumer Guarantees" means the consumer guarantees contained in the CPFTA;

        e) "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);

        f) This Agreement is governed by the laws of Singapore..; and

        g) The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Buzz Contract, even if they are not already incorporated by law.";

        h) The exclusions and limitations of liability shall be as follows:

        (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Buzzers.

        (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, MYSTURA specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the MYSTURA Platform.

        (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, MYSTURA is not liable for any Consequential Loss arising out of or in any way connected with the MYSTURA Services.

        (4) Except for liability in relation to a breach of any Non-excludable Condition, MYSTURA's liability to any User of the MYSTURA Service is limited to the total amount of payment made by that User to MYSTURA during the twelve month period prior to any incident causing liability of MYSTURA, or SGD $50.00, whichever is greater.

        (5) MYSTURA's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

        6. United States Terms

        If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) the United States, then the following terms will also apply to or may vary this Agreement to the extent specified:

        a) a reference to US$, $US, USD, dollar or $ is to United States currency;

        b) "MYSTURA" means MYSTURA USA Inc.;

        c) This Agreement is governed by the laws of the state of New York, without giving effect to any conflict of laws principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in New York, New York; and

        d) The exclusions and limitations of liability shall be as follows:

        (1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE MYSTURA PLATFORM IS PROVIDED “AS IS,” AND MYSTURA AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "MYSTURA PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE MYSTURA PARTIES DO NOT WARRANT THAT THE MYSTURA PLATFORM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THE MYSTURA PARTIES SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, ACCURACY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

        (2) TO THE FULLEST EXTENT PERMITTED BY LAW, THE MYSTURA PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE RELATING TO ANY INACCURACY OF INFORMATION PROVIDED, OR THE LACK OF FITNESS FOR PURPOSE OF ANY GOODS OR SERVICE SUPPLIED), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY TRANSACTION BETWEEN POSTERS AND BUZZERS OR (B) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE MYSTURA PLATFORM.

        (3) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MYSTURA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE MYSTURA SERVICES, (B) ANY TRANSACTION BETWEEN POSTERS AND BUZZERS, OR (C) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE MYSTURA PLATFORM, IN ALL CASES (A) THROUGH (C) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE MYSTURA PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

        (4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE MYSTURA PARTIES' LIABILITY TO ANY USER OF THE MYSTURA SERVICE IS LIMITED TO THE TOTAL AMOUNT OF PAYMENT MADE BY THAT USER TO MYSTURA DURING THE TWELVE MONTH PERIOD PRIOR TO ANY INCIDENT CAUSING LIABILITY OF MYSTURA, OR $40.00, WHICHEVER IS GREATER.

        (5) EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE UNITED STATES TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

        MYSTURA Glossary

        "Agreement" means the most updated version of the agreement between MYSTURA and a User.

        "Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account made by the Poster but does not include any Service Fees or other costs incurred by the Buzzer when completing Services which the Poster agrees to reimburse.

        "MYSTURA", "we" "us" or "our" means the legal entity prescribed in Your Country Specific Terms.

        "MYSTURA Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by MYSTURA.

        "MYSTURA Credits” means the account credit, which includes payment returns of the Agreed Price (in the context of a cancellation of a Buzz Contract) or anything else identified or described as 'MYSTURA Credit' in this Agreement, for use on the MYSTURA Platform.

        "MYSTURA Platform" means the MYSTURA website at https://www.MYSTURA.com/, MYSTURA smartphone app, and any other affiliated platform that may be introduced from time to time.

        "MYSTURA Service" means the service of providing the MYSTURA Platform, which for the avoidance of doubt, includes any features available on the MYSTURA Platform for Users, such as the payment processing functionality.

        "Badge" means an MYSTURA Badge and Verification Icon.

        "Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their MYSTURA Platform account, other than a Saturday, Sunday or public holiday.

        "Business Partner Contract" means a contract between a Business Partner and a Buzzer to perform Business Services.

        "Business Partner" means the business or individual that enters into an agreement with MYSTURA to acquire Business Services.

        "Business Services" means Services provided by a Buzzer to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).

        "Cancellation Fee" means: the Connection Fee paid by the Poster if the Poster is responsible for the cancellation; or an amount equal to the Connection Fee for the applicable Buzz Contract, payable by the Buzzer if the Buzzer is responsible for the cancellation.

        "Connection Fee" means the fee payable by the Poster to MYSTURA as consideration for the MYSTURA Services (separate to the Agreed Price) which is displayed to a Poster prior to entering into each Buzz Contract.

        "Consequential Loss" means any loss, damage or expense recoverable at law:

        (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or

        (b) which is a loss of: a. opportunity or goodwill; b. profits, anticipated savings or business; c. data; or d. value of any equipment,

        and any costs or expenses incurred in connection with the foregoing.

        "Country Specific Terms" means those terms set out in Appendix B.

        "Customer" means a User that uses the MYSTURA Platform to search for particular Services.

        "Fees" means all fees payable to MYSTURA by Users including the Service Fee.

        "Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, MYSTURA Badges and Verification Icons.

        "Instant Claim" means the acceptance of an Offer by a Buzzer via the Search

        Assist function.

        "Marketing Material" means any updates, news and special offers in relation to MYSTURA or its Third Party Services.

        "Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your

        Country Specific Terms.

        "Occurrence" means each individual occurrence of services to be performed by a Buzzer that form part of Recurring Services.

        "Offer" means an offer made by a Buzzer in response to a Posted Buzz to perform the Services, or an offer made by a Poster for the performance of Services by a Buzzer when using Search Assist.

        "Payment Account" means the account operated by the Payment Provider.

        "Payment Provider" means an entity appointed by MYSTURA that manages and operates the Payment Account including accepting payments from and making payments to Users.

        "Personal Information" has the same meaning as described in Your Country Specific Terms.

        "Policies" means the policies posted by MYSTURA on the MYSTURA Platform, including but not limited to the Community Guidelines.

        "Poster" means a User that uses the MYSTURA Platform to search for particular Services.

        "Posted Buzz" means the Poster's request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided.

        "Recurring Services" means the same services procured by a Poster using the Search Assist feature from the same Buzzer on a recurring basis, for example weekly, fortnightly or monthly.

        "Reference" means a feature allowing a User to request other Users to post a reference on the MYSTURA Platform endorsing that User.

        "Search Assist" means a feature of the MYSTURA Platform whereby a Poster can submit specific details of a Posted Buzz with MYSTURA's assistance to calculate the Agreed Price and find potential Buzzers to perform the Services. This may also be referred to on the MYSTURA Platform as "Instant Booking". "Service Fee" means the Connection Fee and the Buzzer Service Fee. "Services" means the services to be rendered as described in the Posted Buzz, including any variations or amendments agreed before or subsequent to the creation of a Buzz Contract and for Recurring Services the Services are the services to be performed under each Occurrence.

        "Buzz Contract" means the separate contract which is formed between a Poster and a Buzzer for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Buzz Contracts. "Buzzer" means a User who provides Services to Posters. "Buzzer Funds" means the Agreed Price less the Service Fee. "Buzzer Listing" means a page published by a Buzzer, containing details (including prices) of a service they are willing to provide to Posters. "Buzzer Service Fee" means the fee payable by the Buzzer to MYSTURA as consideration for the MYSTURA Services (and comprised as part of the Agreed Price) displayed to a Buzzer prior to entering into each Buzz Contract. "Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

        "Third Party Service" means the promotions and links to services offered by third parties as may be featured on the MYSTURA Platform from time to time. "User" or "You" means the person who has signed up to use the MYSTURA Platform, whether as the Customer, Poster, Buzzer, or otherwise. "Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the MYSTURA Platform to confirm details such as a User's qualification, license, certificate or other skill. Rules of Interpretation: In the MYSTURA Agreement and all Policies, except where the context otherwise requires:

        (a) the singular includes the plural and vice versa, and a gender includes other genders;

        (b) another grammatical form of a defined word or expression has a corresponding meaning;

        (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

        (d) the applicable currency shall be the currency specified in Your Country Specific Terms;

        (e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

        (f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

        (g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

        (h) headings are for ease of reference only and do not affect interpretation;

        (i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

        (j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.

        Revised August 2023 copyright MYSTURA Limited 2011-2023