Terms of Service

App NextBud

These Terms of Service govern your use of NextBud, our website located at http://www.nextbudapp.com , and any related services provided by NextBud. NextBud is operated by NextBud, a UK Limited company registered in England under company number 15644559. Our registered office and trading office are both located at 17 King Edwards Road, RUISLIP, London HA4 7AE, UK.

When you create a NextBud account or use NextBud, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app or using any other services provided by NextBud.

If you access or download NextBud from (1. ) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2.) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.We, NextBud, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on June 3, 2024.

Limitations of Use

By using NextBud and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer NextBud or any materials and software contained within NextBud or on our website;
  • remove any copyright or other proprietary notations from NextBud or any materials and software contained within NextBud or on our website;
  • transfer NextBud or any of its associated materials to another person or "mirror" the materials on any other server;
  • knowingly or negligently use NextBud or any of its associated services in a way that abuses or disrupts our networks or any other service NextBud provides;
  • use NextBud or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use NextBud or its associated services in violation of any applicable laws or regulations;
  • use NextBud to send unauthorised advertising or spam;
  • harvest, collect, or gather user data without the user’s consent; or
  • use NextBud or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties

Intellectual Property Rights

NextBud and its content, including text, graphics, logos, and software, are protected by copyright and other intellectual property laws both in the UK and internationally. NextBud owns or holds licences for all intellectual property rights in our site and the material published on it. This protection extends to all content that appears on NextBud and governs its use.
As a user, you are granted a limited, revocable, and non-exclusive right to access and use NextBud for personal, non-commercial purposes. You may print one copy and download extracts of any page(s) on the site solely for your personal reference. However, you are prohibited from using any content from NextBud for commercial purposes without obtaining our prior written consent. This includes any form of reproduction, distribution, or redistribution of the contents in any manner.
Infringing upon these intellectual property rights by breaching these terms will result in an immediate termination of your rights to use the site. Upon such termination, you must, at our discretion, return or destroy any copies of the materials you have made. This measure does not preclude us from seeking further legal action to address any infringement.

User-Generated Content and Conduct

  • You retain your intellectual property ownership rights over content you submit to us for publication on NextBud and its corresponding website. While we do not claim ownership of your content, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content. This licence is consistent with your privacy preferences and our Privacy Policy.
  • By using NextBud, you agree to comply with all applicable laws and regulations and to use the platform in a manner that does not infringe the rights of others. Engaging in unlawful, harmful, or abusive behaviour, including harassment, hate speech, or discrimination, is strictly prohibited. You are solely responsible for ensuring that the content you post or share is not illegal, defamatory, or in violation of copyright or privacy rights.
  • When sharing personal information such as contact details or location with other users, you do so with the understanding that this information may be used by recipients for communication and other interaction purposes. It is vital that you exercise caution and manage the sharing of sensitive data to protect your privacy.
  • All content uploaded to NextBud must adhere to our acceptable use policy. The uploaded content will be considered non-confidential and non-proprietary. You grant us and other users a limited licence to use, store, and copy that content, and to distribute it to third parties. This includes granting us the right to disclose your identity to any third party who claims that the content you posted infringes their intellectual property rights or their right to privacy.
  • NextBud reserves the right to remove any postings that do not comply with our content standards, as outlined in the acceptable use policy. We are not responsible for errors or omissions in any content you provide, nor for any loss or damage resulting from its use. You agree to indemnify NextBud against any costs, liabilities, damages, or expenses we incur as a result of any breach of these terms by you.
  • The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us. You also give us permission to use your username and other identifying information associated with your account in a manner consistent with your privacy preferences and our Privacy Policy.

Account Management and Platform Usage

  • To use services provided by NextBud, you must create an account. It is crucial to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Impersonation of any person or entity or creating an account for anyone other than yourself is strictly prohibited. Should you suspect any unauthorised access to your account, you must notify us immediately. NextBud is not liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
  • When making purchases on our platform, you are required to provide financial information relevant to your chosen payment method. This may include providing credit card details. All payments made on our platform are processed by third-party services such as Apple Pay or RevenueCat. We do not process or retain any of your financial information; instead, it is handled entirely by the respective payment processors according to their Terms of Service, which you agree to comply with.
  • You are granted temporary permission to use NextBud, which may be withdrawn or changed at any time without notice and without incurring legal responsibility. All identification codes, passwords, and other security details must be treated as confidential. If confidentiality is breached, we reserve the right to disable any security information related to your account.
  • In using NextBud, you must adhere to our acceptable use policy and privacy policy. If you allow others to use your account, it is your responsibility to ensure they are aware of and comply with these terms. Users may earn activity points as part of NextBud’s engagement initiatives. Points can be accrued based on participation in various activities within the platform, such as surveys, competitions, or community events. These points may be used to access special features, unlock rewards, or gain entry to exclusive events hosted by NextBud. The management and allocation of these points are subject to our review and may be adjusted as necessary to ensure fairness and to maintain the integrity of the engagement initiatives.

Affiliate Program for Influencers

  • Influencers who are approved to participate in the NextBud Affiliate Program are provided with a unique affiliate code, which they can share with their audience. Each influencer will earn a commission of 10% on transactions made by new users who sign up and subscribe using this code. Commissions are calculated on the basis of actual sales that are final and not subject to refund.
  • To be eligible for participation, influencers must apply and receive approval from NextBud. The approval process will assess various criteria including, but not limited to, follower count, content quality, and alignment with NextBud’s brand values. Influencers must ensure their promotional activities comply with all applicable laws and regulations, and must disclose the nature of their affiliate relationship with NextBud in their promotions.
  • Commissions earned by influencers are paid monthly and are subject to a 30-day validation period to account for possible refunds. Payment will be made to the financial details provided by the influencer, who is responsible for any applicable taxes. Influencers are advised to maintain accurate and up-to-date payment information to facilitate timely transaction processing.
  • The affiliate relationship is governed by the terms of this agreement, which may be terminated by either party. Influencers or NextBud may terminate the agreement at any time with written notice. Upon termination, the influencer must immediately cease using and promoting their affiliate code and will forfeit any accrued but unpaid commissions. NextBud reserves the right to modify the terms of the affiliate program at any time, with or without prior notice. Influencers are required to agree to and comply with any changes to the terms, or they may opt to terminate their participation.

Vendor Terms

  • Vendors using the NextBud Marketplace are required to comply with all applicable laws and regulations concerning the sale and distribution of goods and services. This includes adhering to trading standards, consumer rights, and all relevant safety regulations. Vendors must ensure that all descriptions and representations of their products and services are accurate and not misleading.
  • NextBud does not verify the quality, safety, or legality of any products or services offered by vendors and does not endorse any vendor content. Therefore, NextBud is not liable for any transactions or interactions that occur between users and vendors. Users interact with vendors at their own risk and are advised to exercise due diligence in their dealings. This includes reviewing vendor ratings and feedback from other users, where available, to inform their decision-making.
  • Vendors are responsible for setting clear terms and conditions for their sales, including return, refund, and exchange policies. These policies must comply with NextBud’s guidelines and all applicable legal requirements. Vendors must handle customer disputes directly and are expected to provide a high standard of customer service to maintain trust and integrity within the NextBud Marketplace.
  • NextBud reserves the right to remove a vendor from the marketplace or to take other appropriate actions if a vendor fails to adhere to these terms or engages in any activity that NextBud deems harmful to other users or to the reputation of NextBud. This includes any fraudulent activities, misuse of the platform, or selling prohibited items as determined by NextBud and applicable laws.
  • Vendors agree to indemnify and hold harmless NextBud from any claims, damages, or expenses arising from their actions or their products/services. This indemnification includes, but is not limited to, any breach of laws or regulations or breach of these terms.

Privacy and Data Security

  • NextBud is committed to protecting the privacy and safeguarding the personal information of its users. Our Privacy Policy provides detailed information on how we collect, use, and disclose personal information. By using NextBud, you agree to the terms of our Privacy Policy and consent to the processing of your data in accordance with this policy.
  • You are prohibited from collecting or using personal information about other users of NextBud without their explicit consent. This includes, but is not limited to, unsolicited collection of names, email addresses, and other personal details.

Computer Offences

  • If you commit a criminal offence under the Computer Misuse Act 1990 by introducing viruses, worms, Trojans, or other technologically harmful or damaging material, your right to use NextBud will end immediately. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  • 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 attack our site via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Automatic Updates

  • You give us permission to download and install updates to NextBud on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting NextBud from your device.

Disclaimer and Limitations of Liability

  • NextBud and all materials on our website and app are provided on an 'as is' basis. To the extent permitted by law, NextBud disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property, or any other violation of rights. We do not guarantee the accuracy or completeness of the materials provided, and we exclude all legal responsibility for losses that may arise from the use of our site and services to the fullest extent permissible by law. This includes, but is not limited to, loss of income, profit, business, data, contracts, goodwill, or savings, except where such exclusion is prohibited by law.
  • We do not exclude legal responsibility for death or personal injury caused by our negligence, nor for fraudulent misrepresentation, fraud, or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  • In no event shall NextBud or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use NextBud, our website, or any services provided by NextBud, even if NextBud or an authorised representative has been notified of the possibility of such damage. For the purposes of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
  • Regarding events hosted or listed by NextBud, which could range from online webinars to local meetups, participants must agree to abide by specific rules and conduct standards provided prior to each event. While NextBud aims to provide guidelines to maximise safety and enhance the participation experience, we are not responsible for any harm or losses incurred during these events. Participants are advised to consider their personal safety and well-being at all times during their attendance.
  • Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. It is advised that you review the applicable laws in your jurisdiction to understand your rights

Accuracy of Materials

  • NextBud offers a platform for users to discover and participate in events within their local community. While we strive to provide accurate listings, the materials available on NextBud, including event details, are not comprehensive and are for general information purposes only. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our platform, or otherwise relating to such materials or on any resources linked to NextBud.
  • The information available through NextBud, including but not limited to responses from the "Ask Buddy" feature, is intended for general informational purposes and does not constitute professional legal, medical, financial, or other expert advice. You should not rely solely on this information to make important decisions. We strongly encourage you to consult with qualified professionals in the relevant fields before taking any actions based on information obtained from the platform. Users are advised to take appropriate safety precautions when participating in events and to prioritise their personal safety at all times.
  • NextBud expressly disclaims all liability for the accuracy, completeness, or reliability of any content provided by users of the site. We do not guarantee that material on our site is up-to-date or that access to the site will be uninterrupted. Material on the site is not intended to constitute advice on which you should rely. We exclude all legal responsibility for reliance placed on the site by anyone, as well as for any damage or losses suffered due to reliance on the accuracy, availability, or continuity of the site.
  • We reserve the right to change the information on our app without prior notice. Users are responsible for monitoring these changes to ensure they remain informed about current terms and available information.

Additional Tools

  • Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. NextBud has the right to offer new third-party tools in the future.

Links

  • NextBud has not reviewed all of the sites linked to NextBud or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by NextBud of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

  • Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service, including pricing information, except as required by law.

Service Availability

  • Please be aware that NextBud, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.
  • Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of NextBud.

Notice regarding Apple

  • To the extent that you are using or accessing NextBud on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and NextBud only, not with Apple Inc. (Apple), and Apple is not responsible for NextBud and any materials available in NextBud. Apple has no obligation to furnish you with any maintenance and support services with respect to NextBud.
  • If NextBud fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to NextBud and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  • Apple is not responsible for addressing any claims by you or any third party relating to NextBud or your use of NextBud, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  • You agree to comply with any applicable third-party terms when using NextBud, including any Usage Rules set forth in the Apple App Store Agreement of Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
  • You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnification

  • You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the app; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.
  • Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

  • NextBud reserves the right to terminate or suspend your account and access to the platform at any time, without notice, for any reason, including, but not limited to, breach of these Terms of Service. Upon termination, your right to use NextBud ceases immediately, and your account may be deactivated or deleted. You must cease all use of the platform and its services and destroy any materials downloaded or otherwise obtained from NextBud.

Severance

  • Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

  • These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website or app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  • If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the app. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

  • These Terms of Service and any non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with the law of England and Wales. This means that any matter or dispute arising out of or in connection with these Terms of Service shall be subject to the jurisdiction of the courts of England and Wales.

Dispute Resolution

  • If you have any complaints or issues with the service provided by NextBud, please contact our customer support team first to seek resolution. If the issue cannot be resolved at this level, and if informal negotiations do not yield a solution, you may initiate formal dispute resolution. We encourage the use of mediation to resolve disputes amicably. Either party may request that the dispute be moved to structured negotiations with the assistance of a fully accredited mediator before resorting to litigation. Should mediation fail to resolve the dispute, you have the right to pursue legal action. Detailed procedures and contact information for the mediation body or ombudsman, where applicable, will be provided to assist you in the resolution process.