Buengo 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.
We provide a service to facilitate transactions for Sales between Buyers and Sellers and Donations between the Sellers and the Campaigns or Causes. You are purchasing 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 on the Platform.
Not all the Causes are registered charities. We do not verify the information provided in respect of Campaign and we do not endorse any specific Campaign or Cause.
We deduct our fees from the proceeds of sale prior to making the donation to the Cause, 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 Campaign, we may donate the funds to an alternative Campaign or Cause.
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 firstname.lastname@example.org.
In more detail:
TERMS OF SERVICE
- 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 Campaign Organiser 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.
- 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 email@example.com.
|Acceptable Use policy||means the policy here, which governs your permitted use of the Platform;|
|Campaign||has the meaning given in clause 4.1.1;|
|Cause||means 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;|
|Content||means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Platform;|
|Donation||has the meaning given in clause 4.1.2 (and ‘Donate’ shall be construed accordingly);|
|Platform||has the meaning given to it in clause 1.2;|
|Sale||the sale of goods or supply of services agreed between a Buyer and Seller and concluded via the Platform;|
|Service||the service provided by Buengo as described in clause 4;|
|Terms||means these terms and conditions of use as updated from time to time under clause 14;|
|Visitor||any visitor to or user of the Platform other than a Buyer, Seller or Campaign Organiser.|
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 firstname.lastname@example.org.
- 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 Campaign or 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 and Donations between the Sellers and the Campaigns or Causes. 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.
- The Platform is offered as a Service to you. Among other features, our Service is designed to
- allow Campaign Organisers to post a fundraising campaign (Campaign) to the Platform to accept monetary donations from those registered users wishing to contribute funds to the Campaign or any Cause.
- 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 Campaign;
- 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 Campaign (subject to these Terms).
- You may only use the payment service to facilitate the Donation for the stated purposes set out in the Campaign.
- We may limit or disallow any Services at our discretion at any time.
Donations, Fees and Proceeds of Sale
- Although there are no fees to register with us or to set up a Campaign, a percentage of the proceeds of each Campaign will be charged as fees for our Services (the Service Fees) and for third-party payment services as follows:
- The Buyer, the Seller, the Campaign Organiser and the Cause all acknowledge and agree that the Donation will not comprise 100% of the proceeds of Sale.
- You may donate directly to a Campaign. We do not charge a fee for facilitating direct donations however, the transaction fees for the payment service will be deducted from any direct donation.
- 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 deducted from the proceeds of Sale and paid to Buengo and the payment service provider, as applicable; and
- subject to clause 7, the remaining proceeds of the Sale (after payment of the Service Fees) will be Donated to a Campaign nominated by the Seller.
- If for any reason the Donation cannot be paid to the Campaign nominated by the Seller (for example if the Cause has ceased to exist, or the Campaign has been taken down) we may (i) where practical to do so ask the Seller to nominate an alternative Campaign; or (ii) at our discretion nominate an alternative Campaign, to which the proceeds of Sale will be Donated. As far as possible we will nominate an alternative campaign 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 14 days while we determine that they may be released to the Campaign Organiser or 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 Campaign;
- There has been no breach of these Terms and our Acceptable Use Policy; and
- The Buyer, Seller and Campaign Organiser 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 under any circumstances.
- 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, Campaign Organiser or Cause and/or to satisfy ourselves that the information described in any Campaign or Sale 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 Campaign or Sale 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 email@example.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 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 the value of benefit of any Campaign or 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.
- losses that:
- 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 or Campaign Organiser, but is not a party to any agreement between (i) Buyer and Seller; or (ii) Seller and Campaign Organiser, or between any user and any Campaign or 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 Campaign Organiser or a Charity, and Buengo hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
- Buengo does not guarantee that a Campaign or a Cause will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organiser 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 success of any Campaign, or 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 Campaign or 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.
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.
- These Terms are dated 6th March 2018. 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.
- 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 firstname.lastname@example.org.
- 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
- give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr/.
- 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.
FeesBuengo charges a flat fee of 5% of the amount raised through the sale of items on the Platform. This covers the cost of what goes on behind the scenes: development of Buengo, continual support for all Buengo users, operational costs and overheads.Money donations made through the Platform are commission free.In addition, our payment service provider Stripe charges a fee to enable us to process payments from Buyers and Donors, keep everyone's money in separate accounts and send the funds raised to the Cause at the end of the Campaign. The fees are as follows:
- To take payments from Buyers and Donors paying with UK & European Credit Cards: 1.4% of the amount paid plus 20p per transaction. For Non-European Credit Cards the amount is 2.9% plus 20p per transaction.
- To send the funds raised to the Cause at the end of the Campaign: 0.5% of the amount raised plus 10p per transfer.
ACCEPTABLE USE POLICY
- Together with our Terms of Service, this Acceptable Use Policy (the Policy) this Policy governs how you may access and use the Platform.
- Words and phrases used in this Policy have the same meaning as the Terms of Service.
- We permit you to use the Platform only for non-commercial purposes and for facilitating the Services. Use of the Platform in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Platform.
Restrictions on use
- As a condition of your use of the Platform, you agree:
- not to use the Platform for any purpose that is unlawful under any applicable law or prohibited by this Policy or the Terms of Service;
- not to use the Platform to commit any act of fraud;
- not to misrepresent your identity or any link or affiliation with any third party, and in particular, not to misrepresent your links or relationship with a Campaign or Cause;
- not to use the Platform to distribute viruses or malware or other similar harmful software code;
- not to use the Platform for purposes of promoting unsolicited advertising or sending spam;
- not to use the Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- not to use the Platform in any manner that disrupts the operation of our Platform or business or the website or business of any other entity;
- not to use the Platform in any manner that harms minors;
- not to promote any unlawful activity;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- not to use the Platform to gain unauthorised access to or use of computers, data, systems, accounts or networks;
- not to attempt to circumvent password or user authentication methods; and
- to comply with the provisions relating to our intellectual property rights and software contained in our Terms of Service.
- You must not use any automatic or repetitive mechanism to download or otherwise record the information on the Platform, including but not limited to scraping, data mining or robots.
- You must not access or mine (or attempt to access or mine) the underlying data held either in the app or on our servers using any other tool or service.
Bulletin boards, chat rooms and other interactive services
- We may make forums, chat rooms or other communication services (‘Interactive Services’) available on the Platform.
- In this Policy ‘Submission’ means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Platform.
- We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
- We may remove or edit any Submissions to any of our interactive services whether they are moderated or not.
- Any Submission you make must comply with our Submission standards set out below.
- Any Submission or communication to users of our Platform must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
- your own original work and lawfully submitted;
- factually accurate or your own genuinely held belief;
- where providing feedback on a third party that this is an accurate representation of your experience with that person;
- provided with the necessary consent of any third party;
- not defamatory or likely to give rise to an allegation of defamation;
- not offensive, obscene, sexually explicit, discriminatory or deceptive; and
- unlikely to cause offence, embarrassment or annoyance to others.
Linking and framing
- You may create a link to our Platform from another website without our prior written consent provided no such link:
- We reserve the right to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.
Using the Buengo name and logo
- You may not use our trademarks, logos or trade names except in accordance with this Policy and our Terms of Service.
- We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy, we may terminate or suspend your use of the Platform, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
In addition to compliance with the Terms of Service and Acceptable Use, the Seller agrees the following:
- That you have the rights to sell or dispose of that item in that you are the owner or where you are not the owner, you have the authorisation of the owner;
- To accurately describe the item in terms of its use, function and condition and to make clear any defects;
- To make a reasonable effort to enable the delivery of the item you are selling to the Buyer;
- To donate the proceeds that you raise from the Sale to your nominated Campaign or Cause, less any fees incurred by using the Platform
- That Donations, once made are final and can only be refunded in limited circumstances as permitted under these Terms or required by law (for example, where there has been unauthorised use of the Buyer’s payment card).
- The Seller shall not offer any of the following for Sale
- Drugs or controlled substances;
- Explosives, firearms, and other weapons;
- Live animals;
- Pornography or items of a sexual nature;
- Material that promotes hate, violence or similar;
- Financial instruments including stocks and shares; or
- Any items that are illegal for sale under applicable law.
- Any items or services that prohibited by our payment provider Stripe as described here.
In addition to compliance with the Terms of Service and Acceptable Use, the Seller agrees the following:
- When you click “buy” on the item you are entering into a legally binding agreement with the Seller to purchase and pay for the item in the Buengo Platform. You must not make any payment to the Seller in respect of the proceeds of the Sale outside the Buengo Platform.
- You will be charged the full amount of the item price when you buy the item. This amount, less the Service Fees will be then be transferred into a dedicated account and paid to the Cause or Campaign Organiser (as applicable) in accordance with these Terms.
- You are responsible for making arrangement with the Seller to collect or deliver the item.
- No refunds will be given unless there has been unauthorised use of your payment card or as otherwise required by law. Once a Donation has been passed to the Cause of Campaign Organiser, if you are entitled to a refund your claim is against the Seller and not Buengo or the Cause or the Campaign Organiser. If there has been an unauthorised use of your payment card, you acknowledge and agree that we may use your personal information to discuss this with our payment provider, your card provider as well as the recipient of the donation.
- Any registered user may set up a Campaign on the Platform.
- If you are a Campaign Organiser you warrant and represent that you have the permission and rights to: act on behalf of the Cause and to raise money on its behalf; use all materials used in the creation of your Campaign page, including photographs, videos, logos and any registered trademarks.
- You must accurately describe the Campaign objectives, mission and any benefactors.
- You must not misrepresent your relationship with the Cause.
- A Campaign must have a start and end date and a fundraising target. You may modify both the dates and the targets at any time, even while the Campaign is running.
- A Campaign must not:
- support any activity that is illegal or contravenes government regulations;
- promote hate or violence;
- promote gambling;
- be a prohibited business, as identified at https://stripe.com/gb/prohibited-businesses or any other prohibited business that we may notify from time to time.
- Causes may or may not be UK registered charities.
- If you are acting on behalf of a UK Registered Charity you agree to provide information that proves that the Cause is a charity and that if you lose (or become aware that you may lose) your charitable status you will inform Buengo immediately, and no later than 30 days prior to the date you cease to be a registered charity.
- All money raised on behalf of a Campaign will be held by our payment services provider in a separately managed account specific to your Cause. Once your Campaign has finished we will pay out the money raised within 14 days, subject to you passing identity verification and other necessary checks. If you do not pass these checks we will inform you and you will have up to 3 months to pass those checks. If after 3 months you are unable to satisfy the checks we reserve the right to pass on all your donations to another Campaign or Cause, with similar objectives, chosen at our discretion.
- If the Cause is a registered UK charity and the donations will be received directly into the bank account of that charity
- Donations may qualify for Gift Aid subject to the donor, the charity and the donation meeting the appropriate criteria. We do not provide a service for claiming Gift Aid.
6th March 2018