Updated 15 January 2017
1.1 – Beespoke is an online community marketplace for finding and booking services. Beespoke provides a Platform that connects customers (“Clients”, “you”, “your”) which have jobs they want completed ("Jobs") with Professionals (“Professionals”) who are willing to complete those Jobs. Collectively, Clients and Professionals are the Users, and these Jobs are the Services (“Services”).
1.2 – Beespoke acts as an agent to introduce the Parties and is not a party to agreements entered into between Clients and Professionals. No contract exists between Beespoke and Professionals or Clients, and Beespoke disclaims any liability in the Services that are provided. Beespoke role is limited to offering the technology platform as a referral tool service for Clients and Professionals, and facilitating booking and messaging between Client and Professional.
1.3 – 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 recommend Professionals, or interview Professionals, and does not edit their profiles.
1.4 – Beespoke has no control over the conduct or suitability of Clients and Professionals to request or complete the Services. Professionals are self-employed and are solely responsible for the outcome of the work they do. The satisfactory completion of the Services is solely determined between the Parties.
1.5 – Clients assume all risk when using the Services, including, but not limited to, any risks associated with interacting with other people. You acknowledge that Beespoke is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
1.6 – If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at email@example.com. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
2.1 – We allow Professionals to create profiles in their Account, which can be viewed by Clients on the App. We allow Clients to create profiles on the App, which can be viewed by Professionals from their Account. Through the Platform, we enable Professionals and Clients to engage in the use of the Services.
2.2 – Beespoke takes reasonable steps to onboard Professionals who are experienced in the Services they provide. Beespoke uses third party provider Onfido to check ID and documents of all Professionals with a “Public” Account, and takes reasonable steps to determine experience, which may include reference checking.
2.3 – When creating and editing their Account, Professionals are able to credit themselves as being DBS certified, OFSTED registered, or holder of specific certifications. We do not undertake verification of these certifications nor ongoing monitoring to ensure its continued validity. The onus for verifying the validity of these accreditations falls entirely on the Client.
2.4 – Clients and Professionals are encouraged to offer reviews each time a Job is completed. These reviews may be available to provide assurance. Clients agree to provide a prompt review that is true and fully reflects your experience with the Professional with whom you have engaged. Beespoke reserves the right to terminate a Client that repeatedly receive poor reviews.
2.5 – Clauses 2.2 to 2.3 explain the extent of the checks that Beespoke makes in relation to Professionals. Whilst we take reasonable care in screening Professionals, you are solely responsible for taking appropriate safety precautions in connection with your use of the Services. You must rely on your 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 Professionals Account information outlined in clauses 2.2 & 2.3, to the extent that the individual in question has deliberately misled us.
2.6 –Beespoke will transmit a Job to the Professionals selected by the Client. The Professionals may accept or reject the Job. We do not guarantee that a Client will receive a response or that responses meet the requirements a Client has specified.
3.1 – 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: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
3.2 – 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.
3.3. You must be 18 years old or older to use the Services, and we may ask for proof of age before you can register. We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation.
3.4 – Clients agree to register and create an account for their personal or business use only. You may not authorise others to use their account and may not assign or transfer your account to any other person or entity. Clients may register only one account. You are responsible for keeping any registration details confidential, including your password. You acknowledge that Beespoke is not responsible for any third party access to your account and the consequences thereof, howsoever caused, and You are solely responsible for all activities that occur under your password and/or account.
3.5 – 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.
4.1 – In order to request a Job, you must register and create an account with Beespoke. This is done directly with the App. It is free to register on Beespoke.
4.2 – You shall provide us with such identification information as we may require in order to set up your account.
4.3 – You represent and warrant to Beespoke that:
(a) The details that you provide to us about yourself, including payment information, are accurate and up to date (including details obtained from your Facebook account); and
(b) Neither you nor any member of your household has ever been convicted of any criminal offence.
4.4 - Beespoke may, at its sole discretion, take steps to validate any identification, payment or other information you provide to us.
4.5 - If you use Facebook you warrant that you are entitled to disclose to Beespoke your third party login information without breach of the terms and conditions of the third party site. By granting Beespoke access to your third party account you acknowledge that Beespoke will access certain information and may store and use this information.
4.7 – You agree to treat Professionals courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the Services you have requested.
4.8 – You acknowledge that the Professionals may be unavailable from time to time, whether due to illness or vacation or through ceasing to use the Platform provided by Beespoke.
4.9 - You may cancel your Beespoke account at any time by giving us notice at firstname.lastname@example.org. All Beespoke Services will be cancelled within seven (7) days of receipt of notice.
5.1 – If you request the Services of a Professional, we will notify you by text message and/or email when the Professional has accepted the Job.
6.2 – You may cancel a Job via the App anytime, subject to the following conditions: (i) if a Professional has not yet confirmed the Job, you may cancel it without charge; (ii) if a Professional has confirmed the Job but has not yet carried out the Services requested, you may cancel it subject to the Professional's specific Cancellation Policy as described in their Profile.
6.3 – If a Professional arrives at the job location and is unable to contact you or gain access to the job location they will message and attempt to contact you for 15 minutes, after which you may be charged, at the Professional's discretion, part of or the entirety of the Job price.
6.5 – As the agreement for the Services is between you and the Professional, Beespoke accepts no liability for Jobs cancelled by a Professional.
8.1 – If any disputes or disagreements arise between a Client and a Professional relating to the Services provided or payments made by or due from the Client, the Client and the Professional are responsible for resolving any such disputes directly with each other. Beespoke shall not be a party to any such dispute and is not obliged to take any action toward resolving the dispute.
8.2 – In case of misconduct, the Client and Professional should immediately make a report to the appropriate authorities and then to Beespoke at email@example.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.
7.1 – Beespoke licenses use of the Platform to you on the basis of these Terms and Conditions, and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App. Beespoke remains the owner of the Platform at all times.
7.2 – 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.
7.4 – 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.
7.5 – 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.
9.1 – The Beespoke Platform has some areas where Clients may communicate with Professionals and other Clients, such as message boards, reviews and/or other message or communication facilities. Any material posted or transmitted to the Beespoke Platform ("Content") through a Client’s Account will be attributed to that Client, and the Client is 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 User of Beespoke and we do not recommend or endorse any such content or accept any responsibility for its accuracy.
9.3 – Clients are prohibited from posting or transmitting to or from the App any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) For which you have not obtained all necessary licenses and/or approvals; or
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) Contains or discloses another person’s personal information without his or her written consent; or
(f) Collects or solicits another person’s personal information for commercial or unlawful purposes.
9.4 – 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 upon the request of a third party.
9.5 – Clients 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.
10.1 – You may link to the Site’s homepage, provided you 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 Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.
10.2 – 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 firstname.lastname@example.org
11.1 – 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.
12.1 – You shall indemnify Beespoke against any loss, damages, costs or expenses which are awarded against or incurred by Beespoke as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
(b) Your misuse of the Platform and/or the Services;
(c) Any messages or other Content you post on or transmit via the App;
(d) Your infringement of intellectual property rights;
(e) Your failure to provide accurate, up to date information;
(f) Your interactions with other users of the Platform.
(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
13.3 – 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.
(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
14.3. 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.