This document (and the other documents it refers to) and the Website Statement of Conduct contain the terms and conditions (the “Terms”) on which you as a customer may use https://bekudo.com (the “Website”), whether as a guest or a registered user. The Terms are a legally binding contract between you and Bekudo Ltd (“Bekudo”, “the Company”, “we”, “our” or “us”). The Terms set out your rights and responsibilities when you use the services provided by Bekudo, which may include, but is not limited to, our mobile application, web application, Website and any other services (collectively, the “Services”) so please read it carefully.
You will be deemed to have accepted these Terms when you visit the Website and/or whenever you use any of our Services.
The Website is operated by Bekudo. We are registered in England and Wales under company number 10998623. Our registered office address is Kemp House, City Road, London, United Kingdom, EC1V 2NX and our email address is email@example.com.
Scope of our service
We provide a platform (including the Website, mobile application, web application, etc.) where we connect businesses, companies and organizations (collectively, the “Users”) with independent professionals around the European Union.
Bekudo provides its Users access to a wide variety of services to match their business needs. Users can connect through our platform with independent professionals that specialize in six different areas of expertise: marketing and communication, product and engineering, data analysis and business intelligence, business development, finance and legal.
We will use our reasonable endeavours to investigate or screen of our users however we limit our liability with regards to the eligibility of our users to the extent permissible by law. We are not involved in the relationships between individual users and make no promise, representation or guarantee with regards to their suitability, character, honesty or integrity.
In using our website, Bekudo reserves the right make enquiries on any representations, content or any other information you provide. Users in turn agree to provide all relevant information required for their verification.
Bekudo may physically verify users personal details, passport, address, languages, location, photo. Upon verification we will aim to approve users within 24 hours of receiving all required information. Bekudo will use all reasonable endeavours to ensure the eligibility of its users without assuming any liability in respect of any issue arising as a result of or in relation to the selection of its independent professionals.
Creating an account
You may be required to create an account with Bekudo to use the Services. Here are a few rules about creating and using accounts with us.
- To create an account with us, you will need to answer a preliminary questionnaire and insert your name and email address. Once you submit your first answers your Bekudo account will be created. You will then be able to update your profile through our Discovery feature or by contacting us via email at firstname.lastname@example.org
- The information you provide to us when setting up your account, and any information you provide in your account in general, must be accurate, complete and current. You are not permitted to use false information or impersonate another person or company through your account and you accept that doing so is a breach of these Terms.
- You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
- As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password and any device from which you access the Services secure. If you are accessing the Services via a mobile device, we recommend that you do not jailbreak or root the device (this is the process of removing software restrictions and limitations imposed by the official operating system of your device as doing so could make your device vulnerable to malware, viruses or malicious programmes, compromise your device’s security features and may affect the functionality of the Services).
- These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between you and Bekudo.
Acessing the services
Certain functions of the Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but we cannot take responsibility for the Services not working at full functionality if you do not have access to an active internet connection. In using the Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Services, or other third-party charges, including roaming data charges. If you are not the bill payer for the device on which you are accessing the Services, please be aware that we assume that you have received permission from the bill payer for using the Services.
Your use of the services
Users will connect through the Bekudo platform to access services tailored to their business needs. Business users will specify the details of their project including information on the skills and expertise sought after and the desired timeframe for completion.
Subject to listing a complete and up to date description of your project, we will endeavor to match business users’ specifications with the services of the most suitable independent professional. We will contact business users with a final quote provided by our selected independent professional(s). The quote provided will be inclusive of a commission fee that is to be retained by Bekudo. Both business users and independent professionals will have to the option to accept or reject the project based on the quote and relevant specifications.
Users acting as independent professionals agree to be contacted by Bekudo to assess their suitability for projects in their relevant domain of expertise and to allow to accept or refuse an offer.
Users acting as business clients agree to be contacted to receive a briefing and quote from Bekudo.
We allow access to the Services on a temporary basis and we reserve the right to withdraw, restrict or change the Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to the Services. If, in our opinion, you are not complying with the Terms, we have the right to disable any such code, password or feature at any time.
It is your responsibility that anyone who accesses the Services through your internet connection is aware of these Terms and complies with them.
We grant you a limited, non-exclusive, non-transferable and revocable license to use the Services, subject to the Terms and the following restrictions:
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, national and international laws that may apply to you.
You agree that you will use our Services for lawful purposes. You agree not to use the Services:
i. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
ii. For the purpose of harming or attempting to harm minors in any way.
iii. To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph.
iv. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You are responsible for paying any fees that you owe to Bekudo. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Services.
You agree not to interfere with or try to disrupt the Services, for example by distributing a virus or other harmful computer code.
You agree not to “crawl,” “scrape,” or “spider” any aspect of the Services or to reverse engineer or attempt to obtain the source code of the Services. You must not misuse the Services 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 attempt to gain unauthorised access to the Services, the server on which any of the Services are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to use the Services will cease immediately and we will report your actions to the relevant authorities
You agree not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms. The name Bekudo and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Bekudo in the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
We will provide you with certain legal information in writing. By using our Services, you are agreeing that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.
Bekudo’s operation is based on the curation of quotes provided by selected independent professional(s) for the completion of specific projects designated by business users.
All quotes provided shall be inclusive of a commission fee that is to be retained by Bekudo.
Upon acceptance of the project by both users, business users shall pay the independent professional via the Bekudo platform.
Bekudo reserves the right to change the commission fee retained from each transaction from time to time subject to giving 1 months’ notice to its users.
All payment for services purchased through the platform shall be made by credit or debit card or PayPal account via our secure SSL payment encryption.
Intellectual Property Rights
Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the Services and are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile application) any aspect of the Services (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Content that you post through the Services is your content, and includes (but is not limited to) anything you post using the Services such as usernames, profile pictures, descriptions, reviews, comments, blog posts etc. (“Your Content”). Bekudo does not make any claim to Your Content.
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent 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 Website.
B. Ownership of Your Content. We do not claim ownership to Your Content, but we have your permission to use it to help ascertain your needs and to allow Bekudo’s functions and growth. That way, we will not infringe any rights you have in Your Content.
C. Rights You Grant to us. By posting Your Content, you grant Bekudo a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store Your Content to provide the Services and to promote Bekudo or the Services in general, in any formats and through any channels, including across any Bekudo websites or other Services or third-party website used by Bekudo.
D. Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted through the Services without your permission and you want it removed, please email us at email@example.com. 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 through the Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We will notify you if that happens.
E. Inappropriate, False or Misleading Content. 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. You also agree not to post any content that is false and misleading or uses the Services 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 Services.
Limitation of liability
The Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any responsibility to ensure that our Site is free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any web applications linked to it and any content, blog posts or materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Reliance on information and links
Any content made available through the Services (including blog posts, links to other sites, applications and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.
Linking to the website
You may link to the Website, 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 the Website in any website that is not owned by you. The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on the Website other than that set out above, please contact us at firstname.lastname@example.org.
You may terminate your account with Bekudo at any time by emailing email@example.com requesting to not be included in the platform. Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use the Services. We may refuse access to anyone at any time for any reason.
We reserve the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Services is terminated or your use of the Services ends.
If any dispute, difference or question arising out of these Terms, including any question regarding its breach, existence, validity or termination or the legal relationships established by these Terms, arise that cannot be resolved the parties shall at first instance attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure.
Unless otherwise agreed between the parties to the dispute, the mediator will be nominated by CEDR. The party seeking mediation shall give notice in writing (“ADR notice”) to the other party requesting mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 14 days after the date of the ADR Notice.
If any dispute is not resolved through mediation, the parties shall resort to arbitration for any matter which may arise concerning the construction, meaning or effect of these Terms or concerning the rights or liabilities of either part. The dispute shall be resolved in accordance with the LCIA rules which are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.
No party to the dispute may commence any court proceedings in relation to the dispute until it has attempted to settle it by mediation and either the mediation has terminated or the other party to the dispute (or any other party to the dispute) has failed to participate in the mediation, provided that the right to commence court proceedings is not prejudiced by a delay.
No party to the dispute will be able to recover costs from any of the other parties to the dispute in relation to the mediation or arbitration notwithstanding that proceedings may subsequently be issued.
Nothing in this clause shall prevent either party seeking resolution of any contractual or other dispute with the other party in any court or tribunal it deems appropriate
You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Services, your breach of the Terms or your account’s infringement of someone else’s rights.
These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and Bekudo regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
Third party rights
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Changes to the terms
We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via the Services, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Jurisdiction and applicable law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.
The Court of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
If you have any questions about the Terms, please email us at firstname.lastname@example.org, or contact us at the company address Kemp House, City Road, London, United Kingdom, EC1V 2NX.
Last updated: 15 December 2017