Introduction
Please read these Terms and Conditions carefully. Throughout this Agreement, we use certain words or phrases, and it is important that you understand the meaning of them.
These terms and conditions (“Terms", “Agreement”) govern and regulate the use of the Bambew Platform (“Service”) provided to users ("You” “Your” “Business", "Consumer", “User”, “Signup”) by Bambew (We”, “Us”, “Our”) and or its third party partners. Violation of any of these Terms and Conditions will result in the termination of your Account. Your use of our Platform indicates that you have read, accepted and unconditionally agreed to these Terms. If you do not agree to all of the terms and conditions of this Agreement, do not use the Platform.
1. Changes
We reserve the right, at our sole discretion, to revise or replace these Terms at any time.
Revised terms and conditions will apply to the use of the Platform from the date of the publication of the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
2. Acceptable Use
You must not use the Platform in any way that causes, or may cause, damage or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
As a user, by signing up as a business or consumer, you are bound by this agreement.
• You must be 18 years or older
• You must be registered with a USA cell phone carrier
• Verification occurs via a one-time text message sent to the Signup’s mobile device with activation code
• VOIP lines does not qualify for account verification
• By using our Service you consent to receiving transactional emails and text messages (standard messaging rates may apply) related to your account or activity.
• Users can choose to opt out of all or some of these notifications by following the instructions provided with each notification.
Bambew will act in accordance with the following:
• Bambew does not check or verify the businesses displayed on the Platform
• Bambew does not offer any guarantee on the validity of any information posted by our business users
• Bambew relinquishes all liability for the services provided by any provider, or business user on the Platform, and full responsibility for any interaction remains with the individual.
Despite these prohibitions, information provided by others may contain inaccurate, misleading, inappropriate, unlawful material. Nothing in this Agreement shall require Bambew to monitor or edit the Platform for objectionable materials. If at any time Bambew chooses, in its sole discretion, to monitor or edit the Platform, Bambew nonetheless assumes no responsibility for anything submitted, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. If you become aware of misuse of the Platform, please contact support@bambew.me
Disclaimer
The display of any business user profile on the Platform should not be seen as an endorsement of that company’s products and/or services, nor is a list of companies that Bambew uses.
3. Business User
3.1 Content
Our Platform allows you to post, share and otherwise make available certain information, text or graphics ("Content"). You grant to Bambew a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
Please choose carefully the information you post using the Platform. You are solely responsible for what you post on the Platform or transmit with the Service. The following is a list of what you are prohibited from posting. You agree that you will not submit text messages or anything else that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libelous, or an invasion of privacy or publicity rights or any other third party rights
Any business wishing to be displayed or currently displayed on the platform must be able to do the following:
• must act in accordance with the laws of their local, state/provincial and federal government
• must act in a manner that is in accordance with Bambew’s Terms and Conditions
3.2 Offer Posts / Announcements Posts
Bambew may, without any responsibility to the user, reject, cancel or require any posts to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such post.
• Bambew cannot guarantee posts will be claimed, nor revenue from offers posted on the Platform;
• Bambew does not guarantee continuous, uninterrupted access by users of the Platform, but will use reasonable efforts to provide this. In addition, Bambew will not be responsible for any failure or delay affecting performance, accuracy or usability of the Platform and any posts contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Bambew;
• Bambew shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the user or any loss which could not be contemplated by Bambew and the user.
• these Terms and the documents referred to herein replace all previous agreements between the user and Bambew, and are the entire agreement between the user and Bambew in respect of offer posts/announcement posts, to the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded
The business user guarantees to Bambew that:
• Content for posts must be provided by business user;
• Any information supplied in connection with the post is accurate, complete, true and not misleading;
• It has obtained the consent of any living person whose name or image (in whole or in part) is contained in any post;
• The posts are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law or regulation;
• The posts will not be prejudicial to the image or reputation of Bambew, the Platform, and will not contain anything that Bambew, in good faith, considers to be offensive or otherwise inappropriate
We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting or other data or to restrict, suspend, or terminate any user’s access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability. You agree to release Bambew and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Service. If at any time you are not happy with the Service or object to any material, your sole remedy is to cease using the Platform.
3.3 Transactions
Business users are free to post Offers and Announcements. A 5% service fee will be applied to transactions processed through our Platform.
Certain aspects of our Platform may require you to register with, and agree to the terms of, third-party service providers (e.g. payment processors) in order to utilize the services. For example, Stripe is our payment processing partner. When you use Stripe’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration.
You will be required to link your credit/debit card and provide other information necessary to deposit your revenue to your card from transactions made on our platform. Bambew is not obligated to, and will not, determine whether taxes apply, collect, report or remit any taxes to any tax authority arising from transactions made using our platform.
Credit/debit card numbers are not stored on our servers. All transactions are processed through Stripe, our payment provider. https://stripe.com/
While we facilitate your use and access to our third-party payment partner, we are not a party to your relationship with them and disclaim any responsibility or liability for their performance.
3.4 Chargebacks
The business user will remain responsible for all charge backs for Offer sales they make due to fraud or dispute.
Bambew reserves the right, in our sole discretion, to suspend payment capabilities to a business whose sales results in excessive charge backs.
4. Promotions
We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real-money bonuses or some other form of incentive), contests, or other form of Promotion, or a combination of any of these. The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified the relevant Promotion will end when it is discontinued on the Platform.
Unless otherwise indicated each Promotion is open to business users. We reserve the right to restrict participation in certain Promotions to users who fulfill specific selection criteria. We reserve the right, in our sole discretion, to limit the number of participants.
4.1 Fundraiser Promotion
Our fundraiser promotion was created as a COVID recovery campaign to help support local nonprofit organizations while helping small businesses rebuild in their community. Participating Small businesses can post a “Buy Now” offer on the Bambew platform to gain followers and sales while collectively helping raise funds for participating nonprofit organizations. Bambew will donate to the participating nonprofit organization our 5% revenue fee per transaction plus $1.00 for each participating offer sale that goes through the Platform.
Bambew guarantees a minimum of $500 raised per-campaign for approved participating Nonprofits. Any campaign that fails to raise at least this amount will result in Bambew providing the $500 minimum donation from their own expense to the participating Nonprofit. Except for the aforementioned $500 minimum, Bambew provides no guarantee participating Nonprofits will obtain a certain amount of donations or any donations at all. We do not personally endorse any campaign, Campaign Organizer, or Nonprofit, and we make no guarantee, explicit or implied that any information provided through the Platform by any user is accurate. We expressly disclaim any liability or responsibility for the success of any campaign, or the outcome of any fundraising purpose.
5. Consumer User
Bambew provides its platform free of use for consumers. An account and phone number verification is required to claim any offers posted by our business users or to follow a business user via email. When you claim or purchase an Offer, you consent to automatically become a follower of the posting business. Followers of a business will automatically receive a text message and email when the business they follow posts an Offer or Announcement. Users may unfollow a business at any time and will no longer receive text messages or email from the business they unfollow.
6. Links to Other Web Sites
Our Platform may contain links to third-party web sites or services that are not owned or controlled by Bambew.
Bambew has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bambew shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
7. Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Service uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of the Service may use cookies to track user traffic patterns. Bambew will not correlate this information with data about individual users, nor will it share this information or sell it to any third party. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
8. No warranties
The Platform is provided “as is” without any representations or warranties, express or implied. Bambew makes no representations or warranties in relation to the Service or the information and materials provided on our Platform.
Without prejudice to the generality of the foregoing paragraph, Bambew does not warrant that:
• this Platform will be constantly available, or available at all;
• or the information on this Platform is complete, true, accurate or non-misleading
9. Exceptions
Nothing in this Service disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Service disclaimer will exclude or limit Bambew’s liability in respect of any:
• death or personal injury caused by Bambew’s negligence;
• fraud or fraudulent misrepresentation on the part of Bambew or
• matter which it would be illegal or unlawful for Bambew to exclude or limit, or to attempt or purport to exclude or limit, its liability
10. Reasonableness
By using the Platform, you agree that the exclusions and limitations of liability set out in this Service disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Platform.
11. Other Parties
You accept that, as a limited liability entity, Bambew has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bambew’s officers or employees in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Bambew’s officers, employees, agents, subsidiaries, successors, assigns and subcontractors as well as Bambew.
• a person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms; nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership;
• neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other except where prescribed herein within these terms and neither party shall hold itself out as having authority to do the same except where prescribed herein within these terms;
12. Limitation of Liabilities and Damages
Bambew will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Service:
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Bambew has been expressly advised of the potential loss.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAMBEW, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL BAMBEW BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR BAMBEW ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL BAMBEW BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAMBEW, ITS PROCESSORS, THE NETWORKS, AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BAMBEW, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BAMBEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Platform is controlled and operated from facilities in the United States. Bambew makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.
13. Unenforceable provisions
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
14. Indemnity
You hereby indemnify Bambew and undertake to keep Bambew indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bambew to a third party in settlement of a claim or dispute on the advice of Bambew’s legal advisers) incurred or suffered by Bambew arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15. Breaches of these terms and conditions
Without prejudice to Bambew’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bambew may take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
16. Assignment
Bambew may transfer, sub-contract or otherwise deal with Bambew’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
17. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Entire agreement
These terms and conditions constitute the entire agreement between you and Bambew in relation to your use of the Platform, and supersede all previous agreements in respect of your use of the Services.
19. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Washington State.
20. Contact Us
If you have any questions about these Terms, please contact us.
Bambew