BuzzyTots Terms of Service

Last updated 7th September 2019

These Terms

These user terms of service (the “Terms”) are a legal agreement between you and BuzzyTots Ltd (Company registration no. 12181602), whose registered address is 18 Hockenhull Avenue, Tarvin, Chester, CH3 8LP trading as "BuzzyTots" ("Us", "We" or "Our" shall be construed accordingly) and are the terms upon which We, at Our discretion, permit you to access and use the BuzzyTots mobile application (available in iOS) (each version being referred to hereafter as, the "App") and the listings pages of our website located at (www.buzzytots.co.uk) (the "Website") (the App and Website together, being the "BuzzyTots Service").

Important Notices about the BuzzyTots Service

  1. By accessing the BuzzyTots Service, you are acknowledging that you have read, understand and accept the Terms. The Terms are available in the English language only.
  2. The BuzzyTots Service comprises an online platform through which listings for particular activities ("Listings") may be posted by Us or by third party organisers of the relevant activities ("Organisers") for your review. You may then enter into transactions directly with a third party outside of the BuzzyTots Service or using the functionality of the BuzzyTots Service. You acknowledge that when you make a booking for a particular activity through the BuzzyTots Service in respect of a particular Listing, We are acting solely as an intermediary and you are entering into a transaction with the relevant Organiser. You further acknowledge that it is the Organiser and not Us, who is responsible for the provision of the relevant activity listed in each Listing.
  3. We are BuzzyTots Limited, a company registered in England & Wales (under registration number 12181602) whose registered address is 18 Hockenhull Avenue, Tarvin, Chester, CH3 8LP., trading as "BuzzyTots".
  4. You are advised to print and retain a copy of these Terms for your future reference.
  5. You acknowledge you will not be able to access and Use certain functionalities of the App unless you have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.

Account

  1. While you may access the BuzzyTots Service without creating an account, in order to access certain functionality (such as saving activities) you must create an account.
  2. By creating an account with Us, you:
    • consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process; and
    • agree to keep your login and account details confidential and secure.

Changes to the BuzzyTots Service and these Terms

  1. We reserve the right to alter the BuzzyTots Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will give you reasonable notice of any material changes to the BuzzyTots Service.
  2. If We change the BuzzyTots Service or the Terms to your detriment, you can end your use of the BuzzyTots Service at any time. Please see Section 10 for more details on ending your use of the BuzzyTots Service.

Your promises to Us

  1. You promise that you are at least 16 years old.
  2. You also promise Us that all information and details provided by you to Us (including on registration for an account) 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 through the account settings section of the BuzzyTots Service.

Personal Information

  1. Protecting your privacy is very important to Us. Please review Our Privacy Policy in order to better understand Our commitment to maintaining your privacy as well as Our use and disclosure of your information. You agree to Us using your personal information as described in our Privacy Policy
  2. You agree that on your death, all of your personal information and other account information relating to Our provision of the BuzzyTots Service to you, shall go on being indexed and published through the BuzzyTots Service.
  3. While we take reasonable steps to ensure that the BuzzyTots Service is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the BuzzyTots Service may be read or intercepted by others.
  4. Please note that where we include links in the BuzzyTots Service to the applications, websites or services of Organisers or other third parties, via any Listing or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third-party websites or services.

Your rights to use the BuzzyTots Service

  1. In exchange for you complying with the Terms, We grant you, at Our discretion, a revocable, non-transferable and non-exclusive licence to access and use the BuzzyTots Service for your personal use only.
  2. You acknowledge that your use of the BuzzyTots Service grants you no rights in or to the BuzzyTots Service or any of Our intellectual property rights (including copyright, trade marks and patents) other than the right to use the BuzzyTots Service in accordance with the Terms.

Charges and Payments

  1. You may download the App or access the Website free of charge.
  2. If you decide to enter into a transaction with an Organiser via the BuzzyTots Service in respect of a particular Listing, the relevant charge that you will pay to the relevant Organiser through the BuzzyTots Service will be set out in the relevant Listing. Given that you are entering into the transaction directly with the relevant Organiser, you acknowledge that the price for the relevant activity will be as determined by the Organiser and as listed in the relevant Listing. We have no authority to amend this price.
  3. Shortly after confirming your order, you will receive a confirmation email from Us, which provides details of the purchase you are making, as well as confirming that We are acting only as an intermediary and payment agent for such purchase and that such purchase is being made from the relevant Organiser set out in the confirmation email, subject to the terms and conditions of that Organiser, which are set out in the relevant Listing and which you accepted prior to purchase. You may also receive a separate confirmation email from the relevant Organiser.
  4. When entering into a transaction with a credit or debit card, you confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment We will not accept the transaction. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your requested order. If you dispute any payments taken by Us from your payment card, We recommend you first contact Us to discuss the relevant transaction.
  5. When you make a reservation and or booking with an Organiser through BuzzyTots, you are agreeing to be bound by and to pay for that transaction. You are obligated to pay for the class you register or book in to. You authorize us to charge the full amount to your chosen payment provider for the transaction. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.
  6. The ability of a user to cancel registrations and obtain refunds or credits, if any, is determined by the policy established by each individual Organiser. Contact the Organiser to discuss matters relating to cancellations, refunds or credits. Referral fees and/or credit card processing fees charged BuzzyTots are non-refundable. All Organisers reserve the right to modify class schedules at any time, or cancel listings if bookings is not sufficient in their opinion. Refunds or credits, if any, in the event of a class cancellation by a Organiser are determined by the policy established by that individual Organiser.
  7. BuzzyTots may use third party payment processing services to process credit card information. BuzzyTots will use commercially reasonable efforts to protect the privacy of all personal and financial information,BuzzyTots expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related BuzzyTots use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information BuzzyTots use of payment processing services, please contact BuzzyTots by email

Restrictions on your use of the BuzzyTots Service

You agree:

  • not to provide contact information or details of alternative websites or services for the purpose of redirecting bookings or customers to another platform;
  • not to copy the BuzzyTots Service (or any part of it) except where such copying is incidental to your use of the BuzzyTots Service in accordance with the Terms;
  • not to make alterations to, or modifications of, the whole or any part of the BuzzyTots Service, or permit the BuzzyTots Service or any part of any of them to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the BuzzyTots Service;
  • not to remove, modify, alter or use any copyrighted material, brand, trademark or logo owned by Us, or otherwise do anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission;
  • not to create alternative servers for use with the BuzzyTots Service;
  • not to rely on the accuracy of any data provided to you as part of the BuzzyTots Service;
  • not to use or create software which automatically interacts with the BuzzyTots Service, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
  • not to do anything which may disrupt, damage, or impair the BuzzyTots Service (or any part thereof), or prevent other users from using any part of the BuzzyTots Service;
  • not to intercept or modify the communications between the BuzzyTots Service and Our servers;
  • not to deliberately exploit any bugs you find in the BuzzyTots Service;
  • not to use the BuzzyTots Service for any illegal or unlawful purpose; and
  • not to provide or otherwise make available the BuzzyTots Service in whole or in part (including any object and source code), in any form to any person without prior written consent from Us.

Ending your use of the BuzzyTots Service

  1. You can simply choose to stop using the BuzzyTots Service. In addition, you may log out from your account via the account settings of the BuzzyTots Service. You may also contact Us via the "Contact Us" function and request that we deactivate your account. You may also remove the App from your device(s) at any time
  2. You acknowledge that your use of the BuzzyTots Service is subject to Our discretion and We may, in the event of your breach of the Terms, at Our sole discretion, withdraw your rights to use the BuzzyTots Service on the provision of written notice with immediate effect.

Acceptable use of the BuzzyTots Service

  1. You acknowledge that the BuzzyTots Service enables you to view Listings and enter into transactions with Organisers. We also provide a platform for you to communicate with other users of BuzzyTots Service and post messages, personal information, images, text and other material (“User Content”) which can be seen by others.
  2. You agree that in using the BuzzyTots Service, you agree:
    • to comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of your use of the App;
    • to notify Us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed; and
    • to take reasonable steps to ensure your mobile device contains adequate anti-virus protection:
    • not to post or otherwise make available any User Content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise)or
    • not to violate any third party’s rights (including a breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right);
    • not to knowingly post false, misleading, untruthful or inaccurate information
    • not to discriminate against other users of the BuzzyTots Service;
    • not to create spam messages;
    • not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the BuzzyTots Service, or otherwise interfere with or disrupt Our systems;
    • not to do anything to bring Us or the BuzzyTots Service into disrepute;
    • not to solicit or attempt to solicit personal information from any other user;
    • not to impersonate any other person; and
    • not to use Our messaging facilities to lie to or deceive other users (i.e. you must not 'scam' other users); and
    • not to advertise or promote any business, commercial venture or any products and services, unless expressly permitted by us.
  3. If any User Content makes you feel threatened, or abused, or if you believe any User Content is offensive or otherwise breaches the Terms, please contact Us directly.
  4. By posting or making available any User Content via the BuzzyTots Service, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of the BuzzyTots Service will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in these Terms.
  5. You acknowledge that We have the right, but not obligation to monitor or moderate any User Content. If We become aware of any User Content which We reasonably consider does not comply with the Terms, We may remove it.
  6. If you post or submit User Content, unless We indicate otherwise, you grant: (a) Us and our group companies a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world, whether on a commercial or non-commercial basis, in any media; and (b) Us, our sublicensees and transferees the right to use the name that you submit in connection with such User Content, if We or our group companies should choose to do so.
  7. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. To the extent permitted by law, you agree to waive your right to be identified as the author of such User Content and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, at our request and cost.

Disclaimers

  1. The information available through the provision of the BuzzyTots Service, including both Listings and User Content (the “Information”) is provided to you for your personal purposes only.
  2. Please note that while we put in place policies and take reasonable steps to ensure that any Listings are posted by Organisers who are reputable, we do not guarantee the accuracy or validity of any Information (including the relevant time, date, cost of location of any activity detailed in any Listing) or in any way endorse the suitability of any activity described in any Listing for a particular age range. You acknowledge that any transaction entered into following review of any Listing on the BuzzyTots Service (whether that transaction is entered into via the BuzzyTots Service or directly with the relevant third party) is conducted at your own discretion and risk. You are advised to check any event timings, age suitability, costings and related event information are valid prior to committing to any purchases or attending an event or place.
  3. Where the BuzzyTots Service includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
  4. Please note that the BuzzyTots Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and We do not necessarily endorse the views expressed within them.

Your legal rights and the limits on Our liability to you

  1. We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by Us or Our employees or agents.
  2. If We breach the Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach up to the greater of: (i) the amount of fees amounts paid by you in purchases made through the BuzzyTots Service in the preceding 3 months; and (ii) £100. "Foreseeable" means that the losses could have been reasonably contemplated by you and Us at the time of entering into these Terms.
  3. We are not responsible for: (i) losses not caused by Our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into the Terms; (iv) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information (including any Listing); or (v) failure to provide the BuzzyTots Service or to meet any of Our obligations under the Terms where such failure is due to events beyond Our control (for example a network failure).
  4. You have certain rights under the law. Nothing in the Terms (including in this section 14) is intended to or will affect your statutory rights. Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.

Remedy

  1. If you breach the Terms, then (without limiting any other remedy We may have), We may at Our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or device from accessing the BuzzyTots Service, or in any other lawful way partially or fully restrict your access to the BuzzyTots Service.
  2. You also agree to compensate Us and keep Us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of any of the Terms.

Availability of the BuzzyTots Service

Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the BuzzyTots Service will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the BuzzyTots Service may occur due to events beyond Our reasonable control.

Rights of third parties

The Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedule 1.

Assignment

You acknowledge that We may transfer Our rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.

No waiver of legal rights

If you breach the Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach the Terms.

Entire Agreement

  1. The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the BuzzyTots Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
  2. You acknowledge that your right to access and use the BuzzyTots Service is also subject to:
    • applicable law; and
    • any rules or policies applied by the relevant appstore from which you access the App (as specified in Schedule 1);

Validity

If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Disputes

These conditions are governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with the Terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which affords you mandatory consumer protection rights, you may enforce your rights in connection with the Terms in accordance with such rights.

Contact Details

If you have any questions, complaints or comments about Us or the BuzzyTots Service (including if any Content of the BuzzyTots Service is offensive, defamatory or infringes any third party rights), then please contact us by email in writing by post to 18 Hockenhull Avenue, Tarvin, Chester, CH3 8LP.

Cancellation of any transaction entered into through the BuzzyTots Service

  1. After entering into a transaction with an Organiser through the BuzzyTots Service, any requests to cancel a transaction and get a refund should be requested via the BuzzyTots website or directly via the Organiser. However, acceptance of such requests (including any conditions placed on such acceptance) is subject to the sole discretion of the relevant Organiser. If the Organiser approves your refund, We shall procure that your transaction with the relevant Organiser is cancelled. We shall confirm the cancellation of your transaction by sending you a cancellation email and, on behalf of the relevant Organiser, shall issue you a full refund within 10 working days by the same means of payment which you used in order to make the relevant payment in respect of the transaction that you are cancelling.
  2. In the event that an Organiser cancels (for any reason) any activity for which you have entered into a transaction through the BuzzyTots Service, We shall notify you promptly by email and, on behalf of the relevant Organiser, shall issue you with a full refund within 10 working days by the same means of payment which you used in order to make the relevant payment in respect of the transaction that has been cancelled. Please note that this refund does not affect any legal rights that you may have to seek any additional remedies for additional compensation directly from the relevant Organiser.
  3. In the event of any Customer or Organiser cancellations for activities they are not able to attend or take place for any reason, BuzzyTots application fees and Stripe payment fees are non-refundable for Organisers and Customers.

Schedule 1

When accessing the App through the iTunes Appstore or Mac Store

  • Acknowledgement: You acknowledge that the Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
  • Scope of Licence: Your licence to use the BuzzyTots Service is limited to use of the BuzzyTots Service on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
  • Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
  • Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
  • Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

When accessing the App through any other appstore

You acknowledge that your use of the App may be subject to the terms of service of the relevant appstore through which you access the App.