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.
Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
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:
(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.
The parties incorporate by reference the applicable Policies.
The Buzz Contract is governed by the laws of the jurisdiction where the Posted Buzz was posted on the MYSTURA Platform.
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;
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.
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.
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 $50.00, whichever is greater.
(5) MYSTURA's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) Singapore then the following terms will also apply to or may vary this Agreement to the extent specified:
a) a reference to SG$, $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 $50.00, whichever is greater.
(5) MYSTURA's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
If You are a User who has Your MYSTURA Platform account in (or the Services are performed in) the United States, then the following terms will also apply to or may vary this Agreement to the extent specified:
a) a reference to US$, $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.
"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
"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
"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