Buggy Bee Limited
Terms and Conditions
Last updated: 20th May 2019
This service is operated by Buggy Bee Limited, a limited liability company registered in England and Wales with company number 11686831
- If you do not accept these Terms please do not access and/or use our
- We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended
If you have any questions on these terms and conditions, please contact us at firstname.lastname@example.org
1. Website Use and Your Rights
The Website is owned and operated by Buggy Bee Limited. All intellectual property rights, including copyright, in the content displayed on the Website (“Content”) belong to Buggy Bee Limited. All rights are hereby reserved.
2. Content Usage
The Website and the Content may only be used for your personal, non-‐commercial use.
For educational purposes alone, you may retrieve and display the Content on a computer screen. You may also print out and photocopy the content of this website
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Buggy Bee Limited. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose, which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.
3. Reproduction of the Website Content
The Website and the Content is the copyright of Buggy Bee Limited. If you wish to re-‐publish, re-‐distribute or exploit the Content in any way you should address a request for permission to Buggy Bee Limited
By Email to email@example.com
Buggy Bee Limited cannot guarantee that any such permission would be forthcoming or on what terms.
4. 3rd Party Links
Third parties are permitted to link to stories within the Buggy Bee Limited website, using the URL and quoting the headline and the source.
A third party must ensure that nothing on its own website suggests or could be understood to imply that any part of the website is part of its own website unless the third party has obtained the prior written approval of Buggy Bee Limited.
Buggy Bee Limited reserves the right to withdraw any permission without explanation or notice if in its sole judgment use of such links is excessive or inappropriate. Buggy Bee Limited also reserves the right to change the location and nature of files within the website without explanation or notice; it is the responsibility of the third party to check and update links as necessary.
5. Trademarks and Intellectual Property
Buggy Bee is the Registered Trademark of Buggy Bee Limited and the content of this site are part of its intellectual property. You may not use these marks without the prior written permission of Buggy Bee Limited.
6. Limited Liability and Disclaimer
Buggy Bee Limited obtains the Content from a wide range of sources and it includes facts, views, opinions and information likely to be of interest to users of the Website.
Buggy Bee Limited does not endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it is at your own risk, and Buggy Bee Limited accepts no liability.
The Content should only be used for your general information and use and not by way of specific recommendation or advice, as every
individual’s circumstances are different. Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decisions or taking such action. You should also seek professional advice in appropriate circumstances such as over medical matters.
Buggy Bee Limited does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Buggy Bee Limited shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of Buggy Bee Limited.
You acknowledge that we cannot guarantee continuous, error-free or secure access to the Buggy Bee Service or that defects in the Buggy Bee Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties about the operation and availability of the Buggy Bee Service.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site
Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
7. Changes to the Terms and Conditions
Buggy Bee Limited reserves the right to make changes to any part of the Website and to add to or change these at any time.
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
9. Company Information
Buggy Bee Limited is a limited liability company registered in England and Wales with company number 11686831.
The Buggy Bee Limited website Buggybee.co.uk is the intellectual property of Buggy Bee Limited.
- Buggy Bee Service
Buggy Bee role is as an intermediary only. Buggy Bee makes available to you an online platform through which members may make available certain items for sale, rental swap and giving away upon approval by the parties.
You understand that Buggy Bee is acting as an intermediary only in respect of any transactions entered into between parties for the exchange of items through Buggy Bee Service.
Any agreement for the exchange of any items through Buggy Bee Service is between the relevant parties.
While Buggy Bee endeavors to provide Buggy Bee Service for the mutual benefit of its members and has drawn up rules with that as its aim, Buggy Bee cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of Buggy Bee Service.
You acknowledge that in its capacity as an operator of Buggy Bee Service and an intermediary in any transactions carried out through Buggy Bee Service,
Buggy Bee has the discretion to cancel any listing, request or transaction posted by a member that does not comply with these Terms,
- Using Buggy Bee Platfom
You need to create an account to use the platform. To create an account you confirm that:
– you are over 16;
-all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time.
-you will comply with the restrictions on your use of the Buggy Bee Service as set out in these Terms;
-in relation to any material submitted to or posted to the Buggy Bee Service by you that you have the right to do so and have obtained all necessary licenses and or approvals.
2 As a condition of your use of the Buggy Bee Service, you agree that you will not:
-breach any applicable laws;
-breach any of the Terms;
-breach the Lenders’ Rules, when acting as a Lender;
-breach the Borrowers’ Rules, when acting as a Borrower;
-breach the Seller’s Rules when acting as a seller
-breach the buyer’s Rules when acting like a buyer
-post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;
-post or otherwise communicate any false or misleading material or message of any kind;
-use the Buggy Bee Service to intentionally deceive other users;
-infringe the rights of any third-party;
-disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Buggy Bee Service;
-distribute spam, chain letters, or promote pyramid schemes;
-distribute any viruses or any other technologies that may harm Buggy Bee or the interests or property of Buggy Bee users;
-impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Buggy Bee;
-copy, modify, or distribute any other person’s content without their consent;
-use any robot, spider, scraper or other automated means to access Buggy Bee and/or collect content for any purpose without our express written permission;
-harvest or otherwise collect information about other users, including email addresses, without their consent;
– copy, modify or distribute rights or content from the Buggy Bee Service, services, applications or tools or Buggy Bee’s copyrights and trademarks;
– bypass security measures used to prevent or restrict access to Buggy Bee; or
– sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
– All the users of the marketplace must consent not to do transactions outside the platform for their safety and to enable the platform to carry on and keep developing to offer the best service for her customers.
– If you choose to list your item for both sale and rent you have to list it twice, once you use the feature sell and the second time you use the feature rent.
– Buggy Bee takes a 15% commission on each transaction, this fee will help us run the platform and make regular changes to offer you a better service.
You agree to compensate and defend Buggy Bee against any claims or legal proceedings brought against Buggy Bee by any other person as a result of your breach of these Terms.
Your account is personal to you and may not be transferred to or shared with others. You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Buggy Bee will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by Buggy Bee’s negligence
- Your Legal responsibility to us
12.1 Rules for listing Item
In respect of all items you offer for sale, exchange or give-away through the Services:
- You must be the legal and beneficial owner of such items and have the right to sell them;
- The sale, rent , swap, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
- To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, rent, swap or give-away on the Site in accordance with our Rules;
- By listing an item you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
- When you submit the item questionnaire the item shall be deemed to be a “Catalogue Item”;
- You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, rent , swap or give-away the relevant item; and
- You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, rent, swap or give-away the relevant item.
12.2 Buying and selling
If you are buying or selling a Catalogue Item you may either:
- use our payment services. Please see sections 12.2.1 to 12.2.3 below
- agree the terms related to such transaction directly with the other party to the transaction. You are solely responsible for such transaction and we do not provide customer support for these transactions.
12.2.1 Buying using the site
Where you use our payment services:
- When you click “confirm” on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Catalogue Item from them.
- When you enter into a contract to purchase a Catalogue Item you warrant and undertake that you have the legal right to enter into such transaction.
- You may only terminate the contract with the seller where you are permitted by law.
- When you enter into a contract with a seller payment will be taken from your credit or debit card immediately.
12.2.2 Selling using the site
Where you use our payment services:
- A Catalogue Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the “Buying Using Our Site” section above for more information.
- Once a user clicks “confirm” on the payment page you acknowledge and agree that you enter into a contract with the buyer to sell that Catalogue Item to them.
- Prior to entry into a contract with a buyer under section 12.2.1 above, you may consider offers for a Catalogue Item from other Site users.
- You may only terminate the contract with the buyer to the extent permitted by law.
12.2.3 Payment Services
Where you use our payment services:
- Buyers must pay sellers for Catalogue Items by credit or debit card, using the payment services on the Site.
- Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive delivery charges and any other fees for additional services offered by Buggy Bee you choose to use. Additional services will be charged following terms as indicated in the Section 13.
- Buyers are responsible for any shipping costs, unless otherwise mutually agreed by the buyer and the seller.
- Payment for Catalogue Items is in advance. The buyer’s credit or debit card will be charged when the buyer and seller enter into a contract for the purchase of an item under section 12. We will not credit the seller’s account until the buyer has accepted the item or is deemed to have accepted it.
- Buggy Bee may at any point in time upon its sole discretion to suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Buggy Bee and/or any user or third party.
- We use a third party service provider to process your payment and to store your credit or debit card or similar information. When using our payment services, you agree with our provider’s conditions and terms. We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card and we hereby exclude all liability to the extent permitted by law.
12.3 Borrowing and lending
Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.
As a Lender, when listing an item for rental through the Buggy Bee Service, you must give true and accurate details of the condition of the item and detail what is included or noticeably absent.
You must make sure the equipment listed on Buggy Bee are at their best state, clean and in a very good condition for other borrower’s to use. Items that has already been subject to incidents, should not been listed on the platform. Any item should be cleaned and packed in a perfect way for the best use of the borrower.
Borrowers must restitute the equipment borrowed in the exact same condition they have received it.
As a Borrower, by requesting to rent an item through our Services, you are responsible for having sufficient funds available to replace the item should you lose or damage the item. If you do not know how much the item is worth, please contact a member of the Buggy Bee team prior to submitting your request and we will assist you. If you do not have funds available for the approximate value of the item, do not request to borrow the item.
We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or are unable to return it for any reason within 7 days of the return deadline.
You further acknowledge that as a Borrower, if you return the item after the Return Deadline (as defined in the Borrower’s Rules), we are entitled to charge you up to twice the full Rental Fee and Borrower Commission for each additional day that the item is returned after the Return Deadline (for the avoidance of doubt, if the item is returned after the Return Deadline on the scheduled day of return, you shall be charged for a full additional day of rental). You further acknowledge that we may take the funds directly from your account to cover such charges, without seeking further permission from you. The Return Deadline is the time you agreed to return the item with the lender.
In the event of a good faith dispute between the parties in relation to the Estimated Value of a particular item, Buggy Bee has the sole discretion to set an appropriate Estimated Value for that item, determined in good faith and taking into account the reasonable representations of the parties.
If you refuse to pay for any damage caused, or to pay any amount that you owe to Buggy Bee or a Buggy Bee user, for any reason, within the time frame given to you by Buggy Bee, we will engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.
Buggy Bee is a platform for Borrowers to find items to rent from those who wish to lend them. Buggy Bee platform enables Borrowers to enter into transactions with Lenders to rent these items. Buggy Bee is not a party to this Transaction or in any way responsible for the acts or omissions of either the Lender or Borrower in relation to the Transaction.
By signing up to the Buggy Bee platform you are acknowledging that:
you are not renting from Buggy Bee but from another user of the Buggy Bee Service, who has signed up as a Lender
Buggy Bee does not guarantee or endorse any items rented through the Buggy Bee platform or any content posted by Lenders.
You can communicate directly with Lenders on the Buggy Bee platform by using the “Message” feature. This is a good way to find out more information about the item you are looking to rent. However, you may not use this feature for the following:
– sending unsolicited advertising or promotions, requests for donations or spam;
– contacting someone after they have requested you not to;
– harassing or abusing another user;
– forming an agreement outside the Buggy Bee Service for the purpose of fee avoidance
By requesting to borrow an item you agree and warrant that you:
– have read and accepted the item description and the Terms before making a request to borrow an item; and
– have the funds available to (i) cover the required payments to rent the item and the Buggy Bee Commission, and (ii) pay the full estimated value of the item in the case of loss or damage. The estimated value is defined as a reasonable estimate determined by the lender unless the borrower disagrees in which case Buggy Bee will determine the estimated value as per clause 5.
– accept liability for the full Estimated Value of the item in case of loss or damage; and
– will not engage in Fee Avoidance.
When borrowing an item, you agree that you will return the item to the Lender on the scheduled date of return (the “Return Deadline”).
If you would like to extend the period for which you borrow an item, you may submit an additional request to extend this period, for acceptance by the Lender, through the Buggy Bee Service.
If you have failed to extend the rental period for a particular item through the Buggy Bee Service and, consequently, return the item after the Return Deadline, you acknowledge that Buggy Bee may charge you as set out in the ‘Your Liability’ section of the Terms.
As a Borrower, by requesting to rent an item through the Buggy Bee platform, you are agreeing to that Estimated Value assigned by the Lender. If you do not agree with this Estimated Value, do not request to borrow the item. If you do agree to this Estimated Value, you are agreeing to be liable for up to the full Estimated Value of that item, in the case of loss or damage while you are renting this item.
We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or lost it.
By signing up to Buggy Bee you are acknowledging that:
you are not lending to Buggy Bee but to another user of the Buggy Bee Service, who has signed up as a Borrower.
Buggy Bee does not guarantee or endorse any Borrower or content or communication that they post
You can communicate directly with Borrowers on the Buggy Bee Service by using the “Message” feature. This is a good way to find out more information about the person who is looking to rent your item. However, you may not use this feature for the following:
– sending unsolicited advertising or promotions, requests for donations or spam;
– sending unsolicited advertising or promotions, requests for donations or spam;
– harassing or abusing another user; or
– forming an agreement outside the Terms agreed with us for the purposes of Fee Avoidance.
By offering to lend an item you agree and warrant that you:
– have provided an honest, accurate description about your item, filling in all information required, including but not limited to, accurate up to date photographs, and a reasonable Estimated Value;
– provide honest, accurate information in your profile;
– will not engage in Fee Avoidance
– have the funds available to cover the applicable cancellation fee payable to Buggy Bee in the case of a late cancellation.
12.4 Swap or giving away for free
- If you are giving away a Catalogue Item to another user or exchanging a Catalogue Item with another user you should agree the terms related to such transaction directly with the other user. You are solely responsible for such transaction.
- If you give-away a Catalogue Item to another user or exchange a Catalogue Item with another user you cannot use our payment or shipping service and should agree the terms for payment and shipping of such Catalogue Item(s) with the other user.
- Service fee for using the payment system
For using Buggy Bee integrated payment system, buyers will be charged a Service Fee in addition to a purchase price agreed between buyer and seller.
The Service Fee covers the costs of processing different payment methods. The applicable Service Fee will be shown to a buyer at checkout
The Service Fee consists of a fixed amount of 10%.
The applicable Service Fee will always be indicated to the buyer at checkout.
Both Renters and Owners are encouraged to submit reviews, as it helps both parties build a good reputation or warn other users about poor experience.
You can leave a review by choosing a one to five star rating.
- Promotions From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.