Terms of Service

Our terms of service describe the service Buengo offers to you and what we expect of you as a user of our services.

In Summary

We provide a service to facilitate the transactions for:

  • The sale of items and services between Buyers and Sellers and the corresponding Donations between the Sellers and the Cause.
  • The donation of money to a Cause, including gathering permission for the Cause to claim Gift Aid on that donation.
  • The donation of items to a Cause so that the Cause may sell or otherwise make use of the item for their benefit.


You are purchasing and/or receiving goods and/or services from third parties and not from Buengo. We are not responsible for and will not have any liability regarding any goods or services you purchase or receive on the Platform.

Not all the Causes are registered charities. We do not verify the information provided in respect of a Cause beyond their identity and that required to process payments to that Cause. We do not endorse any specific Cause.

We charge a fee by requesting from the Buyer an additional discretionary amount on top of the final Sales price, in accordance with the fee schedule.

As a Seller, you will never receive the proceeds of a sale. If for any reason we cannot make the donation to your selected Cause, we may donate the funds to an alternative  Cause.

Your privacy is important to us: we collect, use and protect your information in accordance with our Privacy Policy.

You may only use our Platform in accordance with our Acceptable Use Policy. You can report any concerns to us via the in-app functionality or by emailing us at support@buengo.com.

In more detail:

TERMS OF SERVICE

About Buengo

  • Buengo Limited is a limited company incorporated in England with registration number 10780494 and our registered office is at 20-22 Wenlock Road, London N1 7GU. Our VAT number is GB 276 1560 92.
  • Buengo Limited is the owner of the website at buengo.com and the mobile app of the same name (the “Platform”).

About our Terms

These Terms set out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.
  • In these Terms:
    • ‘We’, ‘us’ or ‘our’ means Buengo Ltd; and
    • ‘You’ or ‘your’ means any person accessing or using the Platform (whether as a Buyer, a Seller, a Cause Admin or a Visitor, as defined below)
  • These Terms explain how you may use the Platform which is provided by us free of charge, and all associated web pages.
  • You should read these Terms carefully before using the Platform.
  • By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
  • Your use of the Platform means that you must also comply with our Acceptable Use Policy, our Privacy Policy, our Cookies Policy and any terms and conditions for the supply of goods by the Seller where applicable.
  • If you do not agree with or accept any of these Terms, you should stop using the Platform immediately.
  • If you don’t understand any of these Terms and want to talk to us about it, please contact us by email at support@buengo.com.

Definitions:

Acceptable Use policymeans the policy here, which governs your permitted use of the Platform;
Buyermeans a person who purchases goods or services in connection with a Sale in accordance with these Terms and the special terms of use for Buyers;
Cause Adminmeans a person who acts as a representative for the Cause on the Platform in accordance with these Terms and the special terms of use for Causes and Cause Admins;
Causemeans a project or undertaking with an objective to provide social good. This may be carried out by anyone including (but not limited to) registered charities, not-for-profit organisations and community groups as well as individuals;
Contentmeans any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Platform;
Cookie policymeans the policy here, which governs how we use cookies in the Platform;
Donationhas the meaning given in clause 4.1.2 (and ‘Donate’ shall be construed accordingly);
Platformhas the meaning given to it in clause 1.2;
Privacy policymeans the policy here, which governs how we process any personal data collected from you;
Salethe sale of goods or supply of services agreed between a Buyer and Seller and concluded via the Platform;
Sellerany person who offers for Sale any goods or services via the Platform in accordance with these Terms and the special terms of use for Sellers;
Servicethe service provided by Buengo as described in clause 4;
Termsmeans these terms and conditions of use as updated from time to time under clause 14;
Visitorany visitor to or user of the Platform other than a Buyer, Seller or Cause Admin.

Using the Platform

  • You agree that you are solely responsible for:
    • all costs and expenses you may incur in relation to your use of the Platform; and
    • keeping your password and other account details confidential.
  • The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
  • We seek to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us at support@buengo.com.
  • We may, at our discretion, prevent or suspend your access to the Platform, and/or to any account you register with us if we consider that you have failed to comply with any part of these Terms, or any terms or policies to which they refer or any applicable law. We may take down any Sale information which we deem at our absolute discretion to be in breach of these Terms or the Acceptable Use Policy.
  • We provide the Platform as a service to facilitate transactions for Sales between Buyers and Sellers, Donations between the Sellers and Causes, and the donation of goods to a Cause so that the Cause may sell or otherwise make use of the item for their benefit.
  • You are purchasing goods and/or services from third parties and not from Buengo. Buengo is not responsible for and will not have any liability regarding any goods or services you purchase from third parties.
  • Your purchase of goods and use of delivery and related services are subject to the terms, conditions, and other agreements between Buyer and Seller and the applicable third party carrier or other service provider. You are responsible for reviewing and complying with them. In particular, we draw your attention to our limited service to facilitate refunds as described in clause 10.
  • You will comply with all applicable laws and regulations with respect to delivery and related third-party services you purchase.

Service Description

  • The Platform is offered as a Service to you. Among other features, our Service is designed to
    • allow Cause Admins to register a Cause on the Platform to accept donations from the sale of goods and services on the platform.
    • allow Sellers to list goods and/or services for Sale and donate the proceeds of Sale, subject to any deductions in accordance with these Terms (a Donation) to a Cause;
    • facilitate a Sale between Buyer and Seller, including taking payment from the Buyer via a third party payment service; and,
    • facilitate a Donation by any user of the platform to the Cause (subject to these Terms).
    • facilitate the donation of goods to a Cause so that the Cause may sell or otherwise make use of the item for their benefit.
  • You may only use the payment service to facilitate the purchase of Goods and Services available on the platform.
  • We may limit or disallow any Services at our discretion at any time.

Donations, Fees and Proceeds of Sale

  • Registering as a User or a Cause on the platform is free of charge.
  • The full sales price of any item sold directly by the Donor on the Platform will be passed to their chosen Cause.
  • At the time of payment for any purchases, the Buyer is presented with the option to pay an additional Service fee on top of the sales price which will constitute the fees for providing the Services and to cover third party transactions charges. This percentage is at the Buyer’s discretion up to a maximum of 15%.
  • The Buyer, the Seller, and the Cause all acknowledge and agree that the total amount paid by the Buyer may be greater than the proceeds of Sale and that only the proceeds of Sale will be passed to the Cause.
  • Buengo may vary its fee structure from time to time. Any revised fee structure will only apply to future payments made on the platform. Any variation will be notified to affected users in advance.
  • The Buyer and Seller will agree who is responsible for any ancillary fees and charges (such as delivery and import duties) in connection with any Sale.
  • By offering goods and/or services for Sale on the Platform the Seller agrees that:
    • the proceeds of Sale will be held in a designated sub-account provided by our payment service provider Stripe but managed by Buengo;
    • the Service Fees will be paid to Buengo and the payment service provider, as applicable.
  • If for any reason the Donation cannot be paid to the Cause nominated by the Seller (for example if the Cause has ceased to exist, or has been taken down) we may (i) where practical to do so ask the Seller to nominate an alternative Cause; or (ii) at our discretion nominate an alternative Cause, to which the proceeds of Sale will be Donated. As far as possible we will nominate an alternative Cause that is similar to that nominated by the Seller.
  • The Seller agrees that the proceeds of Sale will be held in a designated sub-account for a period of up to 30 days while we determine that they may be released to the Cause and subject to the following conditions being met:
    • There are no disputed transactions;
    • There has been no material change in the stated objective of the Cause;
    • There has been no breach of these Terms and our Acceptable Use Policy; and
    • The Buyer, Seller, Cause Admin and Cause all pass the required financial and other legal checks including identity verification and Know Your Customer (KYC).
  • The proceeds of Sale will not be paid to the Seller unless they are also the nominated Cause.
  • The proceeds of Sale may only be returned to the Buyer if (i) there has been unauthorised use of the Buyer’s payment card; or (ii) the Sale is cancelled in accordance with the Buyer’s statutory rights. Buengo shall have no liability to either the Buyer or the Seller for any refunds, compensation or damages arising out of or in connection with the Sale,
  • We may (but are not obliged to) carry out whatever checks we deem appropriate to verify the identity of any Buyer, Seller, Cause Admin or Cause and/or to satisfy ourselves that any information described is in accordance with these Terms and our Acceptable Use Policy.
  • Payment processing services for users on Buengo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By continuing to operate as a user on Buengo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Buengo enabling payment processing services through Stripe, you agree to provide Buengo accurate and complete information about you and your business or charity, and you authorise Buengo to share it and transaction information related to your use of the payment processing services provided by Stripe.
  • If you have reason to believe that the information relating to a Sale, Cause or any user of the Platform is inaccurate, misleading or otherwise in breach of these Terms, please report this to us using our in-app functionality or by email to support@buengo.com.

Submitting information to the Platform

  • Where you are permitted to upload information to the Platform you agree to do so solely in accordance with our Acceptable Use Policy.

Accuracy of information and availability of the Platform

  • While we try to make sure that the Platform is available for your use, we do not promise that the Platform is available at all times nor do we promise the uninterrupted use by you of the Platform.
  • While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on this Platform is at your own risk.
  • We may suspend or terminate operation of the Platform at any time as we see fit.
  • Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

Hyperlinks and third party sites

  • The Platform may contain hyperlinks or references to third party websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Software

  • Software may be made available for you to download in order to help the Platform work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software.
  • You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).
  • Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

Limitation on our liability

  • Buengo provides a platform for the Services. We make no warranty, guarantee or endorsement of the goods and/or services offered for Sale on the Platform. In particular, we do not carry out any verification of the description, condition or value of the goods or services offered for Sale or for donation,or the value of benefit of any Cause.
  • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
    • losses that:
      • were not foreseeable to you and us when these Terms were formed; or
      • that were not caused by any breach on our part;
    • business losses; and
    • losses to non-consumers.
  • We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Buengo facilitates the transactions between Buyer and Seller, and the Donation between the Seller and the Cause, but is not a party to any agreement between (i) Buyer and Seller; or (ii) between any user and any Cause. Buengo is not a broker, agent, financial institution, creditor or insurer for any user. Buengo is not providing tax or financial advice. You should not rely on any information provided by Buengo to influence your decision to use the Platform. Buengo has no control over the conduct of, or any information provided by, a Cause Admin or a Cause, and Buengo hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
  • Buengo does not guarantee that a Cause will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Cause Admin or Cause, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the outcome of any fundraising purpose.
  • You, as a Buyer or Seller, must make the final determination as to the value and appropriateness of contributing to any Cause.

Ownership, use and intellectual property rights

  • The Platform and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
  • You grant Buengo (or shall procure that any third party owner of the Content grants Buengo) a non-exclusive, worldwide, perpetual royalty-free licence to use the Content to provide the Services.
  • Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to access and use the Platform. You agree not to adjust to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.
  • The word “Buengo” is our trademark. The use of any trademarks on the Platform is strictly prohibited unless you have the permission of the trademark owner. 
  • You must not claim to represent any Cause or other third party unless you have the legal authority to do so.

Events beyond our control

  • We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Rights of third parties

  • No one other than a party to these Terms has any right to enforce any of these Terms.

Variation

  • These Terms are dated 13th July 2021. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

Disputes

  • We will try to resolve any disputes with you quickly and efficiently.
  • If you are unhappy with us please contact us as soon as possible at support@buengo.com.
  • If you and we cannot resolve a dispute using our complaint handling procedure, we will:
    • let you know that we cannot settle the dispute with you; and
    • proceed to resolve the dispute by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.
  • If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
  • These terms are governed by English law.

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