Website Terms & Conditions
Any reference to “you” in these Terms includes yourself and any person that accesses or uses the Site and the services we make available via the Site (the “Services”) on your behalf, whether as a guest or a registered user.
Any reference to “Service Provider(s)” in these Terms includes businesses whose goods and services are available through the Site.
Any reference to “End User(s)” in these Terms includes a person who orders and/or receives goods or services, including the Deliverables, as detailed in an Order provided by the Service Providers through the Site.
Any reference to “Order” in these Terms is an End User’s order for goods or services from Service Providers via the Site.
Please read these Terms carefully before using this Site. By using our Site, you confirm that you accept these Terms and agree to comply with them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our Site and you will be required to read and accept these terms when signing up for an account. If you do not agree to these Terms, you must not use our Site.
1. Other applicable Terms
If you use our App on an Apple/iOS device the App Store Terms also apply. If you use our App on an Android device the Google Play store Terms also apply.
These Terms do not apply to the sale of our Services. If you purchase goods or services from our Site, our trading Terms and Conditions which have been provided to the Service Providers will also apply and are incorporated into these Terms.
2. Information about us
Our Site, www.beachbuddyapp.com is owned and operated by the Company, which is registered in England and Wales under company number 11690132 and has its registered office and main trading address at Anglia House 6 Central Avenue, St Andrews Business Park, Thorpe St Andrew, Norwich, Norfolk, England, NR7 0HR. The Company’s VAT number is 318315320.
The Beach Buddy platform is an online marketplace that enables registered users and certain third parties who offer services (Service Providers) to publish Services and to communicate and transact directly with End Users that are seeking to book such Services. The Services may include (but are not limited to) watersports lessons and rentals, boat day cruises and reservation of sunbeds.
As the provider of the Beach Buddy platform, Beach Buddy Limited does not own, create, sell, re-sell, provide, control, manage, offer, deliver or supply any of the services provided, nor is Beach Buddy Limited an organiser or retailer of travel packages under directive (EU) 2015/2302. Service Providers alone are responsible for the services they list. When End Users make a booking, they are entering into a contract directly with the Service Provider. Beach Buddy Limited is not and does not become a party to or participant in any contractual relationship between End Users and Service Providers. Beach Buddy Limited is not acting as an agent in any capacity for either the End User or the Service Providers.
3. Changes to these Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Site after the changes have been introduced. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions that are current and in effect will prevail (unless it is expressly stated otherwise).
4. Changes to our Site
We may update our Site from time to time, and may change the content and Services at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
5. Accessing our Site
We do not guarantee that our Services, our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Services without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them
6. Your Account and Password
You must be at least 18 years old to use our Site. Any registration by, use of, or access to our Site by under the age of 18 without parental/legal guardian consent is unauthorised and is in breach of these Terms. In using our Site without parental/legal guardian consent, you represent and warrant that you are at least 18 years old. Any information provided to us of those under the age of 18 shall only be provided with explicit parental/legal guardian consent.
When you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. You must also promptly change your user identification code or password. We will not be liable for any unauthorised use of your account.
You may close your account at any time by contacting customer support at firstname.lastname@example.org.
7. Booking Terms
Upon receipt of a booking confirmation from Beach Buddy Limited, a legally binding agreement is formed between you and the Service Provider, subject to any additional terms and conditions provided by the Service Provider (including in particular the applicable cancellation policy and any important information, rules or restrictions specified in the package). MangoPay will process any payments at the time of the booking request or upon the Service Provider’s confirmation.
If you book a package on behalf of additional End Users, you are required to ensure that every additional End User meets any requirements set by the Service Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules or restrictions set by the Service Provider. If you are booking for an additional End User who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in a package if accompanied by an adult who is responsible for them. You may not bring any additional individuals to a package unless such an individual was added as an additional End User during the booking process on the Site.
You should carefully review the description of any package you intend to book to ensure you (and any additional End Users you are booking for) meet any minimum age, proficiency, fitness or other requirements the Service Provider has specified. End Users are responsible for informing the Service Provider of any medical or physical conditions, or other circumstances that may impact an End User’s ability to participate in a package. End Users must adhere to a Service Provider’s instructions before and during the package.
The placements and rankings that appear on the Site in the search results may vary and depend on a variety of factors such as Service Provider requirements calendar availability, price, reviews and ratings among others.
8. Booking Changes, Cancellations and Refunds
End Users can cancel a confirmed booking at any time in accordance with the Service Provider’s cancellation policy, and MangoPay will refund the applicable amount in accordance with such cancellation policy.
If the weather poses a safety risk to the End User, or if it prevents a Service Provider from carrying out a package that takes place outdoors, Service Providers may cancel the package. Service Providers may also cancel a package if other conditions exist that would prevent the Service Provider from offering the package safely. If a Service Provider cancels a confirmed booking, the End User will receive a full refund.
For any inquiries regarding refunds, please contact email@example.com.
9. Intellectual Property Rights and Use of Material on our Site
We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and, subject to the below, you may not reproduce, copy, distribute, sell, sub-licence, store, or in any other manner re-use content from our Site unless given express written permission to do so by us.
You may print off one copy and may download extracts of any page(s) from our Site for your personal use. You may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree that you will not use our intellectual property rights in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.
10. No reliance on Information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. It is your responsibility to ensure that any Services or information available through the Site (either directly or indirectly) meet your specific requirements.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site is accurate, complete or up-to-date.
11. Limitation of our Liability
While we may help facilitate the resolution of disputes, Beach Buddy Limited has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services provided, (ii) the truth or accuracy of any packages descriptions or other content, or (iii) the performance or conduct of any Service Provider or third party. Beach Buddy Limited does not endorse any Service Provider. You should always exercise due diligence and care when deciding whether to participate in an activity or package or use other services, or communicate and interact with Service Providers, whether online or in person. Photos are intended only to indicate a photographic representation of a business or activity at the time the photograph was taken, and are therefore not an endorsement by Beach Buddy Limited of any Service Provider or package.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Insofar as is permitted by law, we make no representation, warranty, or guarantee that the services we provide via our Site will meet your requirements or expectations, that they will be fit for a particular purpose, that success or any other specific results may be achieved, or that they will be error-free, timely, reliable, secure or virus-free. They are provided solely in order to facilitate the management of administration between Service Providers and their clients. We are not a party to any transactions or other relationships between Service Providers and their clients, or to any dispute between those parties. Any claims must be made directly against the party concerned. You use the Site solely at your own risk.
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site and Services or the use of or reliance upon our Services or any content included on our Site. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, Site or any content on it, whether expressed or implied, including any guarantee that our Site will meet your requirements.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site;
- use of or reliance on our Services or any content displayed on our Site;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
For private users, please note that we only provide our Site for domestic and private use. Unless agreed by us in writing in advance, you agree not to use our Site for any commercial or business purposes.
For business users please note that we will not be liable to you for any loss of profit, loss of business, sales or revenue, business interruption, loss of anticipated savings, or loss of business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. We accept no responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events or acts of war.
We assume no responsibility for the content of websites linked on our Site. Unless expressly stated, these websites are not under our control. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you purchase goods or services from our Site, additional limitations and exclusions of liability will apply, which are set out in our trading Terms and Conditions provided to Service Providers and are hereby incorporated into these Terms.
12. Your Content
Content that you post using our Services is your content, and includes (but is not limited to) anything you post using our Services such as usernames and/or email addresses, profile pictures, photos, descriptions, reviews, comments or videos (“Your Content”). We do not make any claim to Your Content. Your Content must comply with the Content Standards in paragraph 14 below.
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You warrant that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Site. You agree to indemnify us for any loss or damage suffered by us as a result of your breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Permission to Use Your Content. By posting, submitting or transmitting Your Content on or via our Site, you grant us a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content and use it to deliver our Services to you.
- Rights You Grant to us. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully transferable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to operate and promote the Site, in any formats and through any channels, including across any third-party website or advertising medium. Your Content will be considered non-confidential and nonproprietary and we have the right to use, copy, distribute and disclose it to third parties.
- Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to (including Your Content) has been posted to the Site without your permission and you want it removed, please contact us at firstname.lastname@example.org. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms (including the Content Standards set out in paragraph 15 below). You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Site.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website to which you are linking must comply in all respects with the Content Standards paragraph set out below (Content Standards).
If you wish to make any use of content on our Site other than that set out above, please contact us at email@example.com.
15. Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
16. Content standards
These content standards apply to any and all material which you upload or contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any posts, comments or other content posted by users. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way.
17. Suspension and termination by us
We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account)
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or by any other person accessing the Site using your personal information with your authority that results in any legal responsibility on our part to any third party.
If your account is terminated or deactivated (by you or by us), your photos, comments and all other data uploaded and pertaining to your account (including Your Content) will no longer be accessible through your account, but those materials and data may persist and appear within the Site (for example if Your Content has been re-shared by other users).
We encourage you to maintain your own backup of Your Content. We are not a backup service and you agree that you will not rely on the Site for the purposes of backup or storage of Your Content. Whilst we will take all reasonable steps to keep Your Content secure, we do not guarantee that others will not gain access to your information or that Your Content will be stored safely. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
18. Termination by the Service Provider
You may end the contract with the Service Provider at any time if the Service Provider has informed you of a forthcoming change to its services that you do not agree to. You also have a legal right to end the contract with the Service Provider at any time if the Service Provider is in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.
20. Applicable law
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the jurisdiction of the Courts of England and Wales and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
21. Contact us
We would love to hear your thoughts and any feedback you have for Beach Buddy and how you think we can improve. You may submit feedback by emailing us at firstname.lastname@example.org.
(Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.)
To contact us, please email email@example.com.
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