Introduction

Welcome to Beespoke! This agreement (“Agreement”) describes your rights and responsibilities in your use of Beespoke’s website, mobile apps, and service, as a registered Beespoke member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement. If you are a visitor to the Beespoke website but not a registered member, by browsing or interacting with the parts of the website that we make available to visitors, you agree to be bound by terms of this Agreement.

Beespoke is the private word of mouth network to help you find and share recommendation of local services with your friends, neighbours and local communities. We use “Beespoke” here to refer to the Beespoke websites and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “Beespoke” to refer to the companies operating our Services.

Beespoke is operated and provided to you by BLT Online Solutions Ltd, a company registered with Companies House in England and Wales under number 10134024.

We may amend this agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your news feed). If you keep using Beespoke after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Beespoke and delete your account.

Beespoke is an online community for finding and sharing recommendations of local services. Beespoke provides a Platform that connects customers (“Clients”) with Professionals (“Professionals”). Collectively, Clients and Professionals are the members (“Members”, “You”, “Your”) and any interaction or agreement between them are the Services (“Services”).

Beespoke acts as an agent to introduce the members and is not a party to agreements entered into between members. No contract exists between Beespoke and members, and Beespoke disclaims any liability in the Services that are provided through the Platform. Beespoke’s role is limited to offering the technology platform as a tool for members to connect and interact.

Beespoke is not an employment or contracting agency. Beespoke does not provide employment services or employ Professionals. Beespoke does not seek to find employment for Professionals. Beespoke does not interview Professionals, and does not edit their profiles.

Beespoke has no control over the conduct or suitability of a member to request or complete the Services. Members are solely responsible for the outcome of the Services they request or complete. The satisfactory completion of the Services is solely determined between the members.

Members assume all risk when using the Services, including, but not limited to, any risks associated with interacting with other members. members acknowledge that Beespoke is not able to guarantee the accuracy of information provided by other members and that each member should confirm such information to their own satisfaction before engage with another Member.

If a member wishes to contact us in writing, has a complaint or is required to give us notice in writing, they can send this to us by email at hello@beespokeapp.com. If we have to contact a member or give them notice in writing, we will do so by email to any email address they have provided to us.

When a member registers for Beespoke, they must use their real name, not a pseudonym, except in circumstances that, in Beespoke’s sole judgment, warrant an exception.

Members must be 18 years or older to use the Platform, and we may ask for proof of age before they can register. People that have been convinced, or have a member in their households that has been convicted of a criminal offence, are not eligible for Beespoke accounts.

It is not acceptable to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information is a violation of this Agreement and could constitute a crime.

Beespoke reserves the right to refuse registration to any Client or household and to suspend, delete or deactivate your account or limit your privileges, without liability to you.

We do our best to enforce these eligibility requirements, but please do not assume these processes are perfect. If you believe that a member does not meet these eligibility requirements, you may report your concerns to us at help@beespokeapp.com.

Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Beespoke offers personal accounts to Clients, and special, restricted-functionality accounts (“Local Profiles”) to Professionals, whether self-employed individuals or businesses. Special accounts agree to additional terms and are limited in the content they can see. They can not access Client information that do not message or recommend them.

Members agree to register and create an account for their personal or business use only. They may not authorise others to use their account and may not assign or transfer their account to any other person or entity. Clients may register only one account. members are responsible for keeping any registration details confidential, including your password. Members acknowledge that Beespoke is not responsible for any third party access to their account and the consequences thereof, howsoever caused, and they are solely responsible for all activities that occur under their password and/or account.

Members may cancel their Beespoke account at any time by giving us notice at hello@beespokeapp.com. All Beespoke Services will be cancelled within seven (7) days of receipt of notice.

At Beespoke, we believe that respectful behaviour is the foundation of trust and healthy communities. Members should not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious.

Beespoke reserves the right, but is not under any obligation, to monitor information that is submitted to the Platform and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of this Agreement, or we think harms the Beespoke community.

Members shall not:

(a) Use the Platform or its Content in any unlawful manner;

(b) Misuse the Platform (including, without limitation, by hacking or inserting malicious code);

(c) Resell the Platform or its Content;

(d) Infringe our or any third party’s intellectual property rights in your use of the App or its Content;

(e) Use the Platform to solicit, advertise to or contact Clients or Professionals, for any purpose other than to arrange Services through the App;

(f) Use the Platform to transmit chain letters, junk or spam;

(g) Use the Platform to harass, abuse or harm another person;

(h) Frame or use any framing techniques to enclose the Platform or any part of it;

(i) Take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or

(j) Use the Platform in any way that may cause, or be likely to cause, access to or use of the Platform to be interrupted, damaged or impaired in any way.

In using Beespoke, you, and not Beespoke, are responsible for your own decisions and actions. Your use of Local Profiles or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other member or service provider.

If two members, such as a Client and a Professional, decide to work together, the two of them, and not Beespoke, are responsible for complying with any laws that might apply, such as tax or employment laws. Beespoke is not a party to transactions or disputes between members.

If you write a recommendation or other comment about a Local Profile, be truthful and fair in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

We believe that providing members with a place where they can communicate privately amongst themselves will help them to build a stronger community.  This is why we restrict who can access the Platform. In order to ensure that the privacy expectations of each member is respected, you may not:

(a) Share or post a member’s private information, e.g. name, address, phone number, email address, without their permission;

(b) Repost information or Content posted on Beespoke without the posting member’s permission;

(c) Repost (either on or outside of Beespoke) the Content of another member’s private message without the author’s permission;

(d) Gather or aggregate information from Beespoke, either manually or by using automation (such as through scripts, robots, crawlers, spiders or similar technologies) for use outside of Beespoke;

Similarly, we know that members do not want spam or marketing phone calls from third parties, so we will never sell, or rent your contact information to third parties, and we won’t share it with a third party unless we have your authorisation or unless they are acting on our behalf to provide a specific aspect of our Services. Similarly, it is never OK for you to give, sell or rent other members’ information on Beespoke to third parties.

The Services, including any personalised services, cannot be provided and the Agreement cannot be performed without Beespoke processing data about you and other members and visitors. The provision of personalised content and ads is essential to the provision of our Services and a core part of our contract with you. Our Privacy Policy explains how we handle member and visitor data collected and generated in the course of visiting or using Beespoke. By joining Beespoke, you acknowledge you have read the Privacy Policy.

The Beespoke Platform has some areas where members may communicate, such as message boards, reviews and/or other message or communication facilities.

Members retain all ownership rights to the text, photos, video, responses and other content they submit to Beespoke through their account (collectively, “Content”), and they are personally responsible for it. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other member of Beespoke and we do not recommend or endorse any such content or accept any responsibility for its accuracy.

You give us permission, in the form of a non exclusive worldwide license, to use, copy, and publish your Content. If a member shares a person’s contact information with us, for example in order to invite that person to Beespoke on their behalf, they are granting us permission to contact that person.

We also have the right to disclose a member’s identity to any third party in respect of whom the member has provided a review, feedback and/or comments or who is claiming that any Content posted or uploaded by the member to the Platform constitutes a violation of their intellectual property rights or of their right to privacy.

The Platform is made available free of charge and you may download the App onto any number of mobile devices. We make no representations, warranties or guarantees, whether express or implied, that Beespoke or any content on it will always be available or be uninterrupted, will be error-free, accurate, complete or up-to-date; or will be secure or free from bugs or viruses.

Beespoke takes reasonable steps to onboard Professionals who are experienced in the Services they provide, which may include reference checking. Professionals are able to credit themselves as being DBS certified, OFSTED registered, or holder of other specific certifications. We do not undertake verification of these certifications, nor do we conduct ongoing monitoring to ensure their continued validity. The onus for verifying the validity of these accreditations falls entirely on the Client. The Client is solely responsible for taking appropriate safety precautions in connection with your use of a Professional’s Services. The Client must rely on their own judgment and common sense. Beespoke does not accept responsibility for the accuracy or completeness of any of the checks made, nor the validity of information submitted by a Professional, to the extent that they have deliberately misled us.

By using the Platform, you consent to Beespoke collecting and using technical information about the devices used to access the App and any related software, hardware and/or peripherals to improve our products and to provide the Services to you.

If you download and install the Beespoke app, we give you a limited non-transferable license to use it only to access and use Beespoke on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.

From time to time, an update to the App may be issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

Apart from Content, all images, text, icons and other content on the App (“Content”), as well as the arrangement of the Content on the App, is protected by copyright and other intellectual property rights. Except as provided in these terms of use, or otherwise in writing by Beespoke, you are not granted any license to use the Content or its arrangement. Nothing in these terms of use grants you a license to use any Beespoke trademarks or the trademarks of any third parties on the App.

Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the App or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.

You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App except to the extent allowed by law.

If you have a dispute with Beespoke, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

If you have a dispute or disagreement with another Beespoke member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that Beespoke is not responsible for the actions of its members; each member is responsible for their own actions and behaviour. Beespoke shall not be a party to any such dispute and is not obliged to take any action toward resolving the dispute.

In case of misconduct, members should immediately make a report to the appropriate authorities and then to Beespoke at help@beespokeapp.com. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not include any additional liability or expense.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Beespoke Platform. In particular, we do not represent or warrant that:

(a) Content on the Platform is accurate or complete;

(b) The Platform will be error-free, virus-free or free from other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of the Beespoke Platform;

(c) The Platform is provided "as is", and we do not accept responsibility for any failure to maintain the Beespoke Platform, including without limitation any inaccuracies or typographical errors.

If someone brings a claim against Beespoke (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.

To the maximum extent permitted by applicable law, you also release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes due to:

(a) Any breach by you of any of these terms of use or applicable law;

(b) Your misuse of the Platform and/or the Services;

(c) Any messages or other Content you post on or transmit on the Platform;

(d) Your infringement of intellectual property rights;

(e) Your failure to provide accurate, up to date information;

(f) Your interactions with other members of the Platform.

Nothing in our Agreement shall affect your statutory rights, or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.

We will not be liable under this Agreement for:

(a) Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;

(b) Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or

(c) Any increase in loss or damage resulting from breach by you of any of these Terms of Use.

Subject to the above, Beespoke’s maximum aggregate liability in relation to all events or series of connected events occurring under this Agreement, and whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to £50.

Members may link to the website’s homepage, provided they do so in a way that is fair and legal and does not damage Beespoke’s reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website must not be framed on any other site, nor may you create a link to any part of the website other than the homepage.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above. If you wish to make any use of any Content on the Site other than that set out above, please contact us at hello@beespokeapp.com.

The Platform may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their Content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

If you breach any of the terms in this Agreement, your permission to use the Platform automatically terminates. If we withdraw your right to use the Platform:

(a) All rights granted to you under this Agreement shall cease;

(b) You must immediately cease all activities authorised by this Agreement, including your use of the Platform;

(c) You must, if applicable, immediately delete the App from all Mobile Devices; and

(d) You must not attempt to re-register to use Beespoke

14.2 – This Agreement will continue to apply to past use of the Platform by you.

In addition, Beespoke shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Platform or its Content at any time in its discretion without liability to you.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:

(a) Our obligations under these terms of use shall be suspended for the duration of the Event Outside Our Control; and

(b) We will use our reasonable endeavours to find a solution by which our obligations under these terms of use may be performed despite the Event Outside Our Control.

We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.

You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.

A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

17.1 – This Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.