Busby Terms of Service

Effective Date: 2nd Oct 2019

Welcome to Busby, a platform wholly owned and operated by K-Safe Ltd. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:

  • Your privacy is critically important to us. See how we collect and use your personal information in our Privacy Policy.

  • You can cancel your membership or delete your account at any time.

  • You own your content but give us a right to use it.

  • We expect our members to act with respect and we can cancel your account if you act inappropriately.

  • K-Safe is not liable for your activities and no warranties are made by K-Safe.

  • We can cancel your account if you act inappropriately.

  • We want your feedback, and you allow us to use it.

  • You agree to arbitrate if there is a dispute between us (unless you reside in the European Union).

  • There are easy ways to reach us if you have questions or need help.

Terms of Service

Busby Terms of Conditions and Use

Thank you for considering the use of our services.  We hope that you will complete your registration but before you do so, you should read the contents of this document, which sets out the legal foundations for the relationship you have with us.

Below you will find our Terms and Conditions of Use.  This document forms the contractual arrangement between us, which comes into force when you complete your registration.

Below the Terms and Conditions of Use you will find terms and conditions that relate to the delivery to you of other services by third parties.  Your contract concerning those other services is with the third party provider in question, so you should read the applicable terms and conditions before making use of them.

TERMS AND CONDITIONS OF USE

The information below tells you how you may use the BUSBY app and other services provided by BUSBY for your own personal, non-commercial use. Please read these terms and conditions (the “Terms”) carefully before using BUSBY ’s services.

Please note that BUSBY updates these Terms from time to time so please review them regularly. These terms were last updated on 07 June 2020.

  1. ABOUT THESE TERMS AND CONDITIONS

Why should you read these Terms?

Please read these Terms (and any applicable third party Terms of Use and Privacy Policies) carefully before using the Services. By accessing and continuing to use the Services, you agree to be legally bound by the version of these Terms in force at that time. If you do not agree with any of our Terms then you should not use our Services.

What do these Terms cover?

These Terms set out important information regarding your rights and obligations, and the restrictions that may apply, when you:

  • use any of our services: for these purposes, our services include (but are not limited to) the provision of online content, online social media and/or interactive applications, audio visual content, text, photographs, advertising, app and any similar service that we currently provide or make available in the future;

  • access our platform or devices (the “Platforms”): our Platforms include (but are not limited to) the internet (including but not limited to the website www.busby.io and all its sub-domains (the “Website”)); other media platforms and software applications (which, for example, may enable you to view and use our content and/or services over a mobile or Wi-Fi network); other portable or non-portable communication or other electronic device; and any similar platforms that we currently provide or make available in the future, (together referred to as “Services”);

  • subscribe to use additional services delivered via the Platforms (the “Subscription Services”, being part of the Services).

Our references below to the Services should be taken as including the Subscription Services unless we state to the contrary.

Who uses and who provides the Services?

References to “you” or “your” mean you as a user of the Services. References to “we”, “us”, “our” or “BUSBY ” are to the provider of the Service, which is K-Safe Limited, a company registered in England & Wales with registered office at K-Safe Limited, Sensor City, 31 Russell Street, Liverpool, L35LJ. If you have any questions, queries or complaints about these Terms or the Services, please contact us at email: contact@k-safe.com or postal address of the registered office.

If you download an app from Apple’s AppStore or Google Play, you are forming a contract not with Apple or Google but with us.  Neither Apple nor Google will provide support for your app and you should contact us, not Apple or Google, concerning any problems you have through the facilities we provide for that purpose.  However, if you are unhappy with the quality of the app, you can express your discontent to Apple or Google through either system and, if appropriate, obtain a refund of any payments you’ve made for or through the app concerned.

The ways in which you can use the Platform may also be controlled by either Apple or Google's rules and policies and their rules and policies will apply instead of these terms where there are differences between the two

Will these Terms change?

Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Platform. We will endeavour to notify you when we post new Terms.  The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.

If you do not accept the notified changes you may continue to use the Platform and the Service in accordance with the existing terms but certain new features may not be available to you or you will not be permitted to continue to use the Platform and the Service

Will any other Terms and Conditions apply to use of the Services?

In addition to these Terms, the following terms and conditions may also apply to your use of the Services:

BUSBY Service-Specific Terms: You may be asked to agree to additional terms and conditions (“Additional Terms and Conditions”) when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions or purchasing goods via the Services, or using any of our applications which may be available.  If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.

Data Protection Terms: Please read our Privacy Policy, which is posted on our Website.  They contain important information about how BUSBY uses any personal information about you that it receives through your use of the Services. If there is any inconsistency between these Terms and the terms of our Privacy Policy and Cookie Policy, the Privacy Policy and Cookie Policy will prevail to the extent of such inconsistency.

Third Party Terms: Please also see the section below entitled “Third party content and services” regarding certain pages and services that are provided on our Website or via the Services and which are managed, hosted, delivered and/or operated by a third party.

  1. RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF SERVICES

Who is responsible for the availability and content of the Services?

Save for the Subscription Services, the Services are made available to you by BUSBY at our sole and absolute discretion and we may modify or withdraw those Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available by BUSBY via a Platform and/or the Services) at all times.

We deliver the Subscription Services to you on a rolling basis.  You will pay for the Subscription Services on a monthly recurring basis and we are obliged to deliver the Subscription Services to you during the period of time that you have paid for, subject to our right to terminate under these terms and conditions or the interruption of those Subscription Services by events beyond our reasonable control.

We will cease delivery of the Subscription Services at the end of the period for which you have subscribed unless you have renewed your subscription.  We will attempt to notify you of the approaching expiry of your subscription but we will not be liable if you fail to receive that notification or if you do receive the notification but choose to ignore it.[EW1] 

  1. WHO CAN USE OUR SERVICES

Who can use our Services?

If you are 18 years of age or over and you are capable of entering into contracts for, you may use our Services including the Subscription Services.

Can children and under-16s use the Services?

If you are under 18 years old:

  • you must have your parent’s or guardian’s permission before using our Services; and

  • you must read these Terms with your parent or guardian to make sure you and your parent or guardian understands and agrees to these Terms; and

  • your parent or guardian must agree to these Terms on your behalf before you use our Services.

Is the content of the Services suitable for children?

Some of the content on our Services will not have been moderated by BUSBY. We will do our best to identify any content and to give you as much guidance as possible for you to make an informed choice as to whether you wish to enable your child to view this content, but we cannot warrant that all content will be suitably identified.

By accessing and continuing to use the Services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them.

Should you wish your child to make use of the crash detection service, you are responsible for ensuring that s/he can understand how to respond to an alert generated mistakenly by the app.  If you choose to make use of the crash detection service on your child’s behalf, you are responsible for ensuring that the information forwarded to the emergency contact is correct and up to date and you understand that we cannot guarantee the successful transmission of this information to the emergency contact.

If someone else owns the phone or device you are using

If you download or stream the Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

  1. YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICES

What must you comply with to use the Services?

You may use the Services only if you comply with these Terms, any other applicable terms (including but not limited to our Privacy Cookie and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms) and with all applicable laws.  Likewise, you may use services delivered by third parties only if you comply with the terms and conditions applicable to the delivery of those services by those third parties.

What are your obligations?

By accessing any part of the Services (including any material or content made available by BUSBY via the Services), you agree that you will only use such Services:

  • for your own personal, non-commercial use;

  • for lawful purposes; and

  • in a manner that does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of the Services by, any third party.

You understand and accept that the device you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your device. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any device or software.

You agree to indemnify us in respect of any damages or losses suffered by us as a result of any claim made or action taken by a third party relating to (i) your use of the Services in breach of these Terms (or any other applicable terms), or (ii) your violation of any applicable law or regulation when using the Services.

You promise to us that you are authorised to agree to these Terms and any other terms that apply to the use of our Services, including (but not limited to) our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms.

  1. RESTRICTIONS ON USING OUR SERVICES

What are the restrictions on using our Services?

By accessing any part of the Services (including any material or content made available by BUSBY via the Services), you agree that you will not:

  • use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;

  • use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;

  • use such Services in any way to infringe the privacy or other rights of other users of the Services or to post material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral or otherwise unlawful;

  • charge (whether directly or indirectly) others to use all or any part of the Services

  • commercialise or attempt to commercialise all or any part of the Services;

  • permit or assist in any way any third party to use the material or content made available by BUSBY via the Services in an unlawful manner or in a manner that could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;

  • utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;

  • do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;

  • do anything that subjects the Services or BUSBY to any derogatory treatment or brings (or might bring) the Services or BUSBY into disrepute;

  • misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;

  • penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so; or

  • state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services.

Acceptable use restrictions

You must:

  • not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service (to the extent that such use is not licensed by these terms);

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;

  • not use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Do you need to register to use the Services?