Vendor Terms Date 13 June 2017
TERMS OF SERVICE FOR VENDOR
These are the terms on which BuddyWind Ltd (“we”, “us”, “our”) offer the use of the windbuddy.com website and its features, which may include any apps or any other platforms on which our services are made available to you and the customer (all collectively referred to as our “website”). By accessing, browsing and using our website (including by accepting offers from potential customers to book your services through our website) “you”, the vendor accept these terms.
What we do
We aim to develop and foster an online community of kite-surfing enthusiasts who can develop their skills, share their experiences and help promote kite-surfing as a fun and exciting activity. It is hoped that your involvement in this online community will help you to engage with kite-surfers at all levels, from beginners looking to learn to experienced kite-surfers. In addition to training services, the site will also offer customers the opportunity to hire kite-surfing equipment or purchase kite-surfing travel-related services from selected vendors.
Our services consist of:
- Marketing and promoting our website to potential customers.
- Communicating with, and distributing information to, customers and potential customers through our website and other mechanisms, for instance by email or by telephone.
- Allowing you the opportunity to advertise your services to potential customers through our website.
- Allowing potential customers the opportunity to make an offer to book your services through our website.
- Notifying you of the customer’s offer so that you have the opportunity to accept or decline this offer. If you accept the customer’s offer, you will have the opportunity to communicate directly with the customer.
In order for potential customers to make an offer to book your services through our website you will need to either create a profile for your business or claim a profile for your business that we have created for you.
Once you create or claim a profile, you are responsible for the information and content that is contained in or added to this profile. You are also responsible for keeping the information and content accurate and up to date.
We will use the information and content in your profile and other information and content you provide to us (for instance by email or other agreed mechanisms) to:
- Advertise your services through our website and through any other means which would be
reasonable for us to employ.
- Promote and market our website through any means which would be reasonable for us to employ.
- Create a list of services for which potential customers can make an offer through our website.
- Notify customers and potential customers of your contact information, including your phone number, business address, business website and email address.
If you are a kite-surfing instructor or kite-surfing school manager, you may be granted special permission to certify and award accreditation on our website to customers who have completed courses and/or who have recognised qualifications. We may revoke this permission at any time at our discretion.
If your profile contains material protected by an intellectual property right (for example images subject to copyright or protected by a trade mark) belonging to a third party, you must have permission from that third party to include that protected material in your profile. Similarly, you may only include photographs of customers in your profile if you have permission from the person (or people) illustrated in the photograph and the photographer.
In order to allow us to use the information and content (including any protected material, images or photographs) in your profile or that you otherwise provide to us (for instance by email or other agreed mechanisms), you either:
- Grant us a non-exclusive licence to use any such intellectual property for the purpose of carrying
out our obligations under these terms and for marketing and promoting our website; or, if that
is not possible,
- You warrant that you have obtained (or the third party or customer, as applicable, has given) sufficient permission for us to be able to carry out our obligations under these terms, including for marketing and promoting our website.
The information and content of your profile (including any photographs) must not be:
- Offensive or defamatory or harass or annoy any person.
- Misleading or in any other way constitute an unfair commercial practice.
We may require you to edit and/or remove any information and/or content in your profile that we believe to be inappropriate or otherwise contrary to these terms.
Your services and prices
We will use your profile and other information and content you provide to us (via email or other agreed mechanisms) to create a list of services for which potential customers can make an offer through our website.
The price for the services for which potential customers can make an offer through our website will include the booking fee. For instance, if the price on our website for a kite-surfing lesson is €100.00, then the customer will pay the booking fee (as described below) to us and will pay the remaining amount (€100 minus the booking fee) to you. You will be responsible for collecting the remaining fee from the customer.
The total amount paid by the customer for the services (including the booking fee) must not exceed the price on our website for the services.
All prices (including the booking fee) will be in Euros and include VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in any correspondence from us. If prices are displayed in other currencies, these conversions will be as a guide only and should not be relied upon as accurate and current; actual rates may vary.
You can amend the services for which potential customers can make an offer through our website and any prices for such services by notifying us (via email or other agreed mechanisms). We will endeavour to update the list of services within forty-eight (48) hours of receiving your notification.
If you do not honour the prices on our website for your services, we may terminate these terms.
Where a customer makes an offer for your services through our website, we will:
- Collect the booking fee from the customer.
- Notify you of the customer’s offer which may be for a range of dates and services.
It will be your responsibility to respond to us within 24 hours of receiving notification of the customer’s offer to either accept or decline this offer. If we do not receive your acceptance of this offer within 24 hours of our notification to you, then we will presume that you have declined the customer’s offer.
If we receive your acceptance of the customer’s offer, then we will forward to you the customer’s name, address, phone number and email address as well as confirmation of their offer (all being the “customer information”). Any customer information we provide to you must only be used for the purpose of communicating with the customer about their offer. The customer information should not be used for any other purpose without the customer’s prior written consent.
Once we have sent you the customer information, it will be your responsibility to contact the customer to:
- Confirm your acceptance of their offer.
- Confirm the details of the services, including where and when the services will be provided.
- Inform the customer about any additional charges that may be applicable, such as wetsuit hire, insurance, etc.
- Provide any other information that the customer may need to fully benefit from the services, for instance what items to bring with them such as sunscreen, sunglasses, lunch, water, etc.
- Arrange collection of the remaining fees from the customer.
If you accept the customer’s offer or make alternative arrangements for the services, then the contract for those services will be between you and the customer. Any disputes that you have with the customer should be resolved with them and not us. We will not be liable for any amounts not collected from the customer for the services or if the customer subsequently fails to pay.
The booking fee is equivalent to ten percent (10%) of the total fees payable by the customer for the services they have offered to book through our website. For instance, if the customer offers to book one kite-surfing lesson at €100.00, we will charge the customer a booking fee of €10.00. If the customer offers to book two kite-surfing lessons (for €200.00), we will charge the customer a booking fee of €20.00.
If you provide a customer, who has booked services with you through our website, with additional services that are also available through our website, we reserve the right to charge you a booking fee for those additional services.
Cancellation by the customer
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, customers will have a right to cancel, without charge, any services they have booked with you through our website. If the customer notifies us that they wish to cancel the services, we will convey this notification to you. It is your responsibility to comply with your obligations to the customer, including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This may include the obligation to refund some or all of the money paid by the customer to you.
Cancellation by you
If you accept the customer’s offer or make alternative arrangements for the services, then you must provide the services in accordance with your contract with the customer. If you cancel the services (for instance due to poor weather conditions), then you must comply with your obligations to the customer, including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This may include the obligation to refund some or all of the money paid by the customer to you.
If you cancel the services, we may recover from you any booking fee that we refund to the customer. We may also terminate these terms if we believe you are misusing the booking process.
You permit us to operate a rating system for your services, for example by allowing customers to give a rating or leave comments in relation to the service they received.
If we do so, we will not be under any obligation to ensure that the ratings reflect the genuine beliefs of your customers or otherwise ensure that the rating system is accurate.
We will not be liable to you or anyone else for any comments, ratings or other content posted by customers or anyone else on our website in relation to your services. If you notify us of any comments, ratings or other content that you feel is incorrect, unfair or offensive, then we will review it and take appropriate action, at our option.
Communication between you and us
You are responsible for ensuring that you have a valid email address associated with your account. If a message sent to your email address is refused because the address was invalid or the server associated with it is refusing messages, or if the message was accepted but not received by you because your mail server lost, redirected or deleted the message then, for the purposes of these terms, we shall be treated as having given the message to you.
In addition, we also recommend that you provide us with appropriate information and access (for instance access to your Google® Calendar API) in order to allow our systems to integrate with your systems where possible. We will also aim to support other communication mechanisms, such as WhatsApp®, in order to facilitate the transmission of booking offers and make the booking process more responsive for customers.
Either you or we may terminate these terms by giving the other notice by email. On termination, we may delete all information we hold concerning you, including any content you have added to our website, including to your profile. We will take reasonable steps to ensure that your profile and list of services cease to be available on our website. Whilst your profile and services are still on our website, we will continue to notify you of any new offers made by customers for your services and you will be obliged to respond to customers in accordance with these terms.
The following obligations will survive termination:
- Any obligation of one party to pay the other.
- The indemnity (under “Your warranties and liabilities” below).
Your warranties and liabilities
You warrant that you, and any person that provides the services on your behalf:
- Are appropriately trained and certified with the appropriate local or international kite-surfing
authority, organisation or association (for example IKO, BKSA or KFA) to provide the services.
- Will comply with all laws and guidelines applicable to the services (including those laws and guidelines imposed by the appropriate local or international kite-surfing authority, organisation or association.
- Have appropriate and well maintained equipment to safely and effectively provide the services.
- Have appropriate insurance coverage for the services, having regard for the potential injuries and damages that customers may suffer and compliant with local and international requirements.
Our website is made available for your personal use and the personal use of customers. You will not re-sell, use, copy, download or reproduce any content, information or software on our website for any non-personal or commercial activity or purpose.
You must refund us any money we have returned to the customer because:
- We were ordered to do so by a court or other competent authority.
- The payment provider used by the customer reversed a payment, for example under the “Chargeback” scheme.
- We are required to do so for any other reason.
You indemnify us against any loss (including legal fees) arising out of claims made by a customer against us other than claims in which we are found to have been in breach of contract with the customer or in negligent breach of a duty of care owed to the customer.
We may recover money you are required to pay us either by deducting it from any payment due to you, or by invoicing you for it, at our option.
Our warranties and liabilities
We do not guarantee that use of our website will attract customers or increase your revenue.
Because of the complexities of computer software and networks, we cannot guarantee that our website will be available at any particular time or place. There may be periods when it does not function or places where it does not work. We are not liable to you for any failure or malfunctioning of any of our software and our website, in particular, the failure to send you notifications promptly or at all.
At all times we act only as your booking agent. If you accept the customer’s offer or make alternative arrangements for the services, then the contract for those services will be between you and the customer and not with us.
In addition to any other limitation on our liability to you, we are also not liable for:
- Death or personal injury, except where caused by negligence or fraud on our part.
- Any damage or loss of property (including any equipment used by the customer).
- Any loss of revenue or profit.
- Lost bookings or sales.
- Damage to reputation.
- Any action of the customer.
- Any errors on our website due to information and content in your profile or that you have otherwise provided to us.
- Any information and content in your profile or that you have otherwise provided to us.
Furthermore, our liability to you is limited to the booking fees we have collected from customers who have offered to book your services during the month prior to the liability arising.
Changes to these terms
We may, from time to time, update these terms by sending you an email containing (or containing a link to) the updated terms and informing you of a date on which the new terms will take effect. On that date the new terms will be binding on you instead of these terms. If we decide to change the booking fee, we will endeavour to take into account a number of factors, including for example, the market, the number of customers who offer to book your services through our website and the level of community engagement.
We will always give at least one month’s notice of any change in these terms and you are free to terminate these terms as specified above.
English version and other translations
The original English version of these terms may be translated into other languages. These translated versions are for information only and are not binding versions of these terms. In the event of a dispute about the contents or interpretation of these terms or inconsistency or discrepancy between the English version and any other language version of these terms, the English language version, to the extent permitted by law, shall be the conclusive and applicable version.
Law and jurisdiction
The law applicable to this contract is the law of England and Wales.
The courts of England and Wales shall have jurisdiction to settle any disputes which arise in connection with these terms.
Our registered address is BuddyWind Ltd, WimbleTech, 35 Wimbledon Hill Road, London SW19 7NB.
We are registered in England and Wales under Companies House number 10178149.