1. Introduction
1.1 Contract
You agree that by accepting our invitation or similar, registering, accessing, or using our Services (described below), you are agreeing to enter a legally binding contract with Bundr (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User agreement”), do not accept our invitation (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Services
This contract applies to Bundr.com, Bundr.buzz, Bundr-branded apps, and other Bundr-related sites, apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members”, Bundr does not allow unregistered users to use any of our Services.
Bundr
You are entering into this Contract with Bundr (also referred to as “we” and “us”).
You are entering into this Contract with Bundr B.V. (“Bundr Netherlands”) and Bundr Netherlands will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
As a Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.
1.2 Members
When you join the Bundr Services you become a Member. If you have chosen not to register for our Services, you can not access Bundr as our Services are restricted for Members only.
1.3 Change
We may modify this Contract, our Privacy Policy, and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
2. Obligations
2.1 Service Eligibility
The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the minimum age or older; (2) you will only have one Social Media Account connected per supported Social Network in Bundr, which must be from your represented company; and (3) you are not already restricted by Bundr from using the Services. Setting up an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
2.2 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; and (2) follow the law and our list of Do’s and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you.
2.3 Payment
If you buy one of our paid Services (“Orders”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of that paid order. Also, you agree that:
- Your purchase may be subject to foreign exchange fees (€) or differences in prices based on location (e.g., exchange rates).
- We may store your preferred payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase an “Order”, payment must be done instantaneously.
- All your purchases of Services are subject to Bundr’s refund policy.
- We may calculate taxed payable by you based on the billing information that you provided us in your account settings.
- You can get a copy of your invoice through your Bundr account under “Order list”.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
3. Rights and Limits
3.1 Your license to Bundr
As between you and Bundr, you own the content and information that you submit to the Services, and you are only granting Bundr and our Affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your companies name or logo to promote that feature through our Services, subject to your setting.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or remove metadata), we will not modify the meaning of your expression.
- You give us the rights to decline and/or suggest an improvement of your content in submitted advertisement Orders, so Bundr can comply to the advertising policies of the third parties (Social Networks) that we use.
You and Bundr agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to Bundr, you agree that Bundr can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your company information, brands, and product lines will be truthful and up to date. Bundr may be required by law to remove certain information of content in certain companies.
3.2 Service Availability
We may change, suspend, or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We do not promise to store or keep showing any information and content that you have created. Bundr is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other content
By using the Services, you agree that you do not create content or information that is inaccurate, incomplete, delayed, misleading, illegal offensive or otherwise harmful. Bundr generally does review ordered content provided by Our Members or others. You agree that we are not responsible for others (including other Members) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
3.4 Limits
Bundr reserves the right to limit your use of the Services, including the number of connected social media accounts per Social Network. Bundr reserves the right to restrict, suspend or terminate your account if you breach this Contract or the law or misusing the Services (e.g., violating any of the Do’s and Don’ts.).
3.5 Intellectual property rights
Bundr reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Bundr, and “N” logos and other Bundr trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Bundr.
Key Terms
Affiliates
Affiliates are companies controlling, controlled by or under control with us, including, for example Bundr B.V., BPO Holding, BPO Technology Limited, Woepie B.V. or Boavue B.V.
Orders
Advertisements and Posts.
4. Disclaimer and Limit of Liability
4.1 Service availability
Bundr and its Affiliates make no presentation or warranty about the Services, including any representation that the services will be uninterrupted or error free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Bundr and its Affiliates disclaim any implied or statutory warranty, including any implied warranty of accuracy of data, non-infringement, merchantability to fitness for a particular purpose.
4.2 Exclusion of Liability
To the fullest extent permitted by law (and unless Bundr has entered into a separate written agreement that overrides this contract), Bundr, including its Affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive, or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information of content) or any indirect, incidental, consequential, special or punitive damages.
Bundr and its affiliates will not be liable to you in connection with this contract for any amount that exceeds (A) the total fees paid or payable by you to Bundr for the services during the term of this contract, if any, or (B) €1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Bundr and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if Bundr or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
5. Termination
Both you and Bundr may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members rights to further Order’s content and information you ordered through the Services;
- Sections 4,6,7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can unlink your Social Media Accounts, unlinked Bundr will not be able to offer your Account as Service to the Suppliers.
6. Governing Law and Dispute Resolution
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where your company resides. You and Bundr B.V. agree that the laws of the Netherlands, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contact and/of Services. You and Bundr Netherlands agree that claims and disputes can be litigated only in Amsterdam, the Netherlands, and we each agree to personal jurisdiction of the courts located in Amsterdam, the Netherlands.
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contact.
This Contact (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we do not act to enforce a breach of this Contract, that does not mean that Bundr has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of the Services) to anyone without our consent. However, you agree that Bundr may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. "Do's and Don'ts"
8.1 Do's
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your company profile; and
- Use the Services in a professional manner.
8.2 Don'ts
You agree that you will not:
- Create a false identity on Bundr, misrepresent your identity or company, create an Admin or Approval role for anyone other than a real person in your Company, or use or attempt to use another’s account;
- Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services and other data from the Services;
- Override any security feature or bypass or circumvent and access controls or use limits of the Service;
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Bundr;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available order functionality) the Business Type Templates of Bundr without our permission.
- Violate the intellectual property or other rights of Bundr, including without limitation, (i) copying or distributing our Business Type Templates or other materials or (ii) copying or distributing our technology, unless it is released under open sources licenses (iii) using the word “Bundr” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated or endorsed by Bundr without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Bundr’s consent;
- Deep link to our Services for any purpose other than to promote your company or a Group on our Services, without Bundr’s consent;
- Monitor the Services availability, performance, or functionality for any competitive purpose;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); and/or
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
9. Complaints regarding content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights of third parties. We provide a Policy and Process for complaints concerning content ordered by our Members.
10. How to contact us
For general inquiries, you may contact us online. For legal notices of service of process, you may write us at this address.
Bundr B.V.
Attn: Legal Dept. (Privacy Policy and User
Agreement)
Herengracht 449A
1017 BR, Amsterdam
The
Netherlands