Bumbi Terms Of Use


These Terms of Use (the “Terms”), together with our Privacy Policy, govern your use of the www.bumbi.com (the “Site”) and the services provided on the Site including listing of products or items (“the Services”). Please read these Terms carefully before you start to use the Site or Services. By using the Site you accept these Terms which is legally binding agreement between you and Bumbi, Inc. ("Bumbi"), operators of the Site and Services (“Us” or “We” or “Our”). You must not use the Site or Services if you do not accept these Terms.

1. Eligible Use

You may use the Site and/or Services if: (a) You are legally capable and authorized to do so, (b) You are under the age of 13, you must obtain the prior consent of your parent or legal guardian who must read and accept these Terms, (c) You are legally permitted to access and use the Site and/or Services, and (d) You do not violate these Terms. We reserve the right to refuse access to, or use of our Site and/or Services to anyone, at anytime, in its sole discretion. It is your responsibility to ensure that your use of the Site and/or Services complies with all applicable laws.

2. Registration and Creating an Account

You may browse this Site without the need to register. However, to access and use our Services, including buying or selling a product or item through the Site, you must register and create a Bumbi account. To create a Bumbi account, you must provide certain information such as your name, username, active email address and chosen password. We process and use this information to provide the Services to you and in accordance with our Privacy Policy.

You acknowledge and agree that you are responsible for all activities under your Bumbi account. You agree that you will: (a) Act honestly and in good faith at all times, (b) safeguard your username and password at all times; (c) provide accurate and current information upon registration and keep it updated at all times; (d) not attempt to transfer, assign or sell your Bumbi account to any third party or authorize any third party to use your Bumbi account; (e) use your account in accordance with these Terms and for lawful purposes only. We reserve the right to suspend or terminate your account in our sole discretion for breach these Terms or our reasonable belief that you have breached these Terms.

3. Bumbi is a Venue

Bumbi is an online marketplace where you can buy and sell items or products for children. We do not sell products or items and are not responsible or liable for the products or items listed or displayed on the Site or the activities or conduct of users or the Site or Services. We do not pre-screen users of the Site or Services or the Content they provide or submit not can we ensure that buyers or sellers will actually complete any transaction. Our relationship with you is that of an independent contractor, and these Terms do not create an agency, partnership, joint venture, employment or other relationship other than that of independent contractor.

4. Buyer and Seller Responsibilities

An offer to buy may be retracted for any reason at any time prior to acceptance by the seller. Both buyers and sellers are solely responsible for obtaining all necessary licenses and permissions necessary for transactions and for verifying that you comply will all applicable laws, including payment of all applicable taxes from purchases or sales using the Site and Services.

4.1. All sellers MUST:

(a) Possess legal authority to sell the products that you are offering for sale. (b) Describe your Products accurately (c) Complete the transaction when accepting a buyer’s offer as specified in accordance with the terms of the item or product listing on the Site unless (i) the transaction is prohibited by law or these Terms or (ii) the buyer materially modifies the terms and conditions of the buyer’s offer (d) Honour any valid refund requests (e) Not list and product or item with any photograph or image with clear images of children visible therein

By listing any item or product on Bumbi, you represent and warrant that you are authorised to place such listing on Bumbi and offer such item or product for sale. You also acknowledge and agree that buyers may provide and post review or comments on the Site using the Services about sellers. We reserves the right to post these comments on the Site and you acknowledge we are a distributor (without any obligation to monitor or verify) and not a publisher of these comments.

4.2. All buyers MUST:

(a) Make offers to buy in good faith with the intention of completion (b) Complete the transaction when in accordance with the specified terms of the Product listing on the Site unless (i) the transaction is prohibited by law or these Terms or (ii) the seller materially modifies the Product’s description or does not conform to the description (iii) the Product’s description contains a typographical error which materially affects the terms of sale (c) Assume all and any responsibility for custom and import duties and related fees. (d) Be responsible when providing or posting reviews or comments on the Site of any seller whom they have transacted with. We reserve the right to refuse, edit or remove unfavourable reviews or comments if they include obscenities or contain personal information.

5. Prohibited Items and Products

It is prohibited to use the Site or Services to list, offer for sale, sell or buy, any items or products which are: (a) harmful, pornographic or in any way unsuitable for children, (b) which violate the intellectual property rights of others (c) which you do not have legal authority to sell (d) illegal, counterfeit or stolen items (e) represents the proceeds of crime.

6. Safe Trading

We encourage you to communicate directly with your potential buyers or seller. However, user authentication on the Internet is difficult and we cannot guarantee the authenticity each user’s purported identity. Your use the Site and/or the Services at your own risk

7. Submitting Content to Bumbi

Other than personally information, which is treated in accordance with our Privacy Policy, any text, images, photographs, feedback, comments or other content (“Content”) which is provided, uploaded, submitted or posted by you to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content and by submitting it, you grant us and our designees a royalty-free, perpetual, irrevocable, exclusive right and license to use, publish, modify, copy, disclose, distribute, incorporate and otherwise use such Content to provide the Services and for any and all commercial or non-commercial purposes.

You acknowledge and agree that we are not obliged to publish any Content submitted by you. We reserve the right, without notice or liability, to: (a) decline to publish, exclude, suspend, remove or edit Content submitted by you including photographs showing clear images of children, (b) remove any item or product listing from the Site, (c) format, reproduce and present Content.

8. Prohibited Use

You agree that you will not use or access the Site and/or the Services in any way which violates these Terms. You may NOT upload or submit any Content, which is: (a) obviously offensive, racist, fanatical information or which glorifies violence; (b) of a molesting, threatening, obscene, defamatory or libelous nature; (c) sexist, pornographic or otherwise harmful to minors: (d) representative of illegal or unauthorized copies or distributions of copyrighted work; (e) promoting or providing instructions for committing criminal activities; (f) otherwise violating the law.

We reserve the right to remove such Content and you are not entitled to demand that we restore it once removed. Your access and/or use of the Site and/or the Services may also be restricted or suspended by us at any time for any reason (including upon receipt of claims or allegations from third parties or authorities).

It is a violation of these Terms to:

(a) Impersonate any person or entity or provide of false information; (b) Falsely state or otherwise misrepresent your affiliation with a third party; (c) Copy, modify, alter, adapt, make available or in any way translate any portion of the Site and/or the Services in any way except as expressly permitted by these Terms; (d) Disrupt or interfere with the Site’s and/or the Services operation or the servers or networks that host the Site and/or the Services; (e) Data-mine or harvest information or data about users of the Site and/or the Services without their express consent, including the use robots, spiders or other automatic devices, processes or method to access the Site and/or the Services; (f) use the Site and/or the Service for any illegal, unlawful or unauthorized activity. A violation of these Terms constitutes a serious breach of these Terms which may result in your immediate suspension or termination of access to the Site and/or the Services.

9. Intellectual Property

BUMBI, the Bumbi logo, the Bumbi brand and all other trademarks, service marks, graphics and logos used in connection with the Site and Services are trademarks or registered trademarks of Bumbi, Inc. or its subsidiaries (collectively “the Bumbi Marks”). Other trademarks, service marks, graphics and logos used in connection with the App and/or the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Bumbi Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder. All database rights and other intellectual property rights of any nature in the Site and the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and/or other proprietary rights.

10. Indemnity

By accessing the Site or Services, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Site or Services as applicable.

11. Disclaimer & Liability

Any Content, including information contained in the Site or Services about any item or product does not constitute any endorsement or recommendation by us of the item, product, provider of Content or seller of the item or product. You acknowledge and agree that we have no special relationship with you and that we have no control over, and no duty to take any action regarding: which users gain access to the Site or Services. You expressly release us from any and all liability for users acquiring or not acquiring Content through the Site or the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEES OR ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE SITE OR SERVICES WILL BE PROVIDED UNINTERRUPTED, WILL BE RELIABLE OR WILL BE ERROR FREE. THE SITE AND SERVICES CONTAINS USER GENERATED CONTENT ANY MAY CONTAIN INFORMATION WITH ERRORS AND INACCURACIES. YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES.

12. GOVERNING LAW

This Agreement shall be interpreted and construed according to, and governed by, the laws of Spain. You agree to submit to the exclusive jurisdiction of the Girona courts to resolve any legal matter arising from the terms.

Effective Date: 13 January 2015