These Service Terms (the ‘Terms’) set out the terms and conditions under which Blume Limited (trading as Blume), with company number 10758050 and with a registered address at Little Tufton House, 3 Dean Trench Street, London United Kingdom, SW1P 3HB herein referred to as ‘Blume’ or ‘We’, grants to a Blumer and/or a Buyer a licence to use the Site and the Interactive Services (together, the ‘Services’) on www.blume.life (the ‘Site’).
Blume’s VAT number: 253943881.
1 DEFINITION & INTERPRETATION
The definitions to be read with this Agreement are set out in full at clause 15.
2 YOUR AGREEMENT WITH BLUME
2.1 These Terms govern the activities of Blume Members in relation to the use of the Services. By using the Services, You accept the Terms in full and You expressly agree to be bound by all applicable laws and regulations. If You violate these Terms, Blume may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
2.2 Blume reserves the right to change one or more of the provisions in these Terms (including changes to Blume Booking Fees) at any time, effective immediately upon publishing on the Site. However, if in our view any change significantly affects Blume Members’ rights or obligations, we shall notify you by email of such changes, and such changes shall take effect 30 days after the date of notification. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services. You agree that Blume will treat Your use of the Services as acceptance of the terms of the Agreement including Your continued use subsequent to any changes being posted on the Site. If You disagree with any part of these Terms, do not use the Site or the Interactive Services.
2.3 Blume is dedicated to facilitating an honest and exciting online open marketplace where a Blume Member can either wear their selling hat as a Blumer or their buying hat as a Buyer and can therefore take advantage of the Site functions listed at A and/ or B below depending on which hat is being worn!
A. Wearing Your Blumer hat, You can do various things including but not limited to:
i. browse the full Site including the Task Categories;
ii. select, edit and activate to publish one or more Tasks;
iii. add or take away Tasks;
iv. change Your Blume Member Profile;
v. allow Buyers to solicit interest in the Your published Tasks;
vi. publish Your unavailability;
vii. publish how far You are happy to travel for on-site Projects;
viii. choose to donate some or all of the Net Blumer Fees received by You to charity;
ix. charge a Deposit followed by a Balance Payment which together make up the Gross Blumer Fees which are set by You;
x. add a bank account to receive payment of the Net Blumer Fees;
xi. search Your current Bookings to keep up-to-date with the status of confirmed and potential Bookings; and,
xii. submit Blumer Feedback and view Buyer Feedback.
B. Wearing Your Buyer hat, You can do various things including but not limited to:
i. browse the full Site including the Task Categories;
ii. change Your Blume Member Profile;
iii. initiate a request for a Booking for one or more published Tasks from a Blumer and publish Your Task Specs;
iv. add a bank account to enable the Deposit and Balance Payment to be paid in to the Escrow Account;
v. search Your current Bookings to keep up-to-date with the status of confirmed and potential Bookings;
vi. engage a Blumer to undertake certain Blumer Services for You; and,
3. BECOMING A BLUME MEMBER & BLUME MEMBER PROFILE
3.1 To become a Blume Member, entitling You to make use of the Services and to be party to a Booking via the Site, You agree to comply with the terms of the Agreement in full inclusive of these Terms at all times.
3.2 You will be invited to fill out and submit an online Account registration form to apply for membership to the Site (‘Membership’). You will be asked for certain information. You will then receive a verification email and when You click on the link in Your email, You will be transported back to the Site to start creating Your Blume Member Profile.
3.3 In the interests of safeguarding on a public platform, it is advisable that You do not include Your full name or personal contact details within Your Blume Member Profile.
3.4 You warrant and represent that the Data that You provide is true, accurate and complete (including as a Blumer, Your credentials set out in the Task Description which set out how You are equipped to successfully perform the Blume Services that make up a Task tendered by You).
3.5 Your application will undergo a brief approvals process in order for You to become ‘Approved’. It is in Blume’s absolute discretion to decide if You qualify (or continue to qualify) to be Approved. You will receive a Membership Welcome Email once You have been Approved.
3.6 Blume reserves the right to verify the identity of any person seeking to register as a Blume Member. You hereby authorise Blume to make such checks (whether by way of identity documentation or enquiries of third parties) as are reasonable and necessary.
3.7 In order to provide You with maximum protection, during registration, You will be asked to input Your email address and to choose a password to create Your Login and to access your Account on the Site in accordance with these Terms. You will keep Your Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone.
3.8 You are responsible for all activities that are carried out under Your Login unless it is a result of actions beyond Your reasonable control (such as hacking or if someone steals Your password when You have taken reasonable steps to keep it secure). We do not have the means to check identities and will not be liable where Your Login is unlawfully used by another.
3.9 You agree to notify Blume immediately by email at firstname.lastname@example.org of any unauthorised use of Your Login or Account of which You become aware (with “IMPORTANT” in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered Blume Members or for any other reason in breach of these Terms.
3.10 You can freely remove and delete Your user-generated-content (‘UGC’) and You can cancel Your Account and Membership at any time. Please contact us to have your Account closed if You are no longer using it.
3.11 Although Blume cannot monitor the conduct of Blume Members off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Blume Member without their prior explicit consent.
3.12 You may not transfer ownership or sell your Blume Account to another party.
3.13 Each Account must be a personal account but Blume Members may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated). A Blume Member may be a business that involves multiple people. A Buyer may be a consumer, or an organisation acting for purposes relating to its trade, business, craft or profession.
3.14 Blume Members who do not comply with these Terms may be subject to review, which can result in suspension of Account privileges and/or termination. This includes all Accounts by virtue of association. Blume reserves the right to suspend or terminate the use of the Site for a Blume Member (including halting any Projects that may be running) at any time and for any reason, in particular, where:
(a) Blume reasonably suspects that You are in breach of the letter or the spirit of these Terms or any other terms of the Agreement; or,
(b) We are unable to authenticate any Data or information You provide; or,
(c) where We feel Your actions or omissions may cause any loss or liability to Blume or other Blume Members.
Suspended or terminated Blume Members remain obligated to pay Blume for any unpaid Blume Fees.
3.15 Within Your Blume Member Profile You:
(a) can include a professional image of yourself or have Your company logo instead however We recommend a personal photo instead. The Blume marketplace is built on trust and personality and personal photos tend to be more friendly and inviting than logos!;
(b) must not include any links to Your website or any third party website;
(d) must not share your bank account or any other withdrawal method. Such will lead to Account suspension or termination.
4. BLUMER TASKS & BOOKING PROCESS & COMMSTREAM
4.1 All Approved Blume Members may select Tasks on the Site. All Tasks are listed in the appropriate Task Categories.
4.2 When selecting, editing and activating a Task for publishing on the Site, it is the Blumer’s responsibility to provide an accurate Task Description and pricing which can be set at an Hourly Rate or Fixed Fee rate. Be very clear and specific in Your Task Description about what You are offering.
4.3 The two Blume Members (Buyer and Blumer) involved in a Project determine the specifications and terms of the Project. The Buyer and Blumer create a direct service contract between themselves and Blume are not party to that contract (the 'Contract'). The parties must agree as to whether any materials and or deliverables arising from a Project are to be licensed or assigned to the Buyer and under what terms upon successful payment for the Project. Such shall be documented in the Blumer Terms (or the Key Blumer Terms) referred to at Clause 5 or as otherwise documented in the CommStream.
4.4 All published Tasks on Blume must be for Blume Services that are capable of being successfully performed and delivered. Such may not be created solely as an advertisement nor be conditional upon a prior purchase.
4.5 Buyers can search and select a Task and make a Booking for the selected Blumer Services.
4.6 Published Tasks that do not comply with these Terms may be reported. Blume Members who do not comply may be subject to review, which can result in suspension of Account privileges and/or termination. Blume reserves the right to remove a published Task for violating Blume Terms.
4.7 Published Tasks must not comprise:
(a) offers of permanent employment, partnerships, franchises or joint ventures;
(b) offers for work that is unpaid or commission based/profit or revenue share. All Tasks should be paid for, either by way of an Hourly Rate or a Fixed Fee. Where the Hourly Rate is employed, it must be at least the minimum wage
(c) requests to complete academic work for those who are trying to cheat the university/ college/ school system!;
(d) adverts to take Blume Members off the Blume Site and in to a different website thereby promoting another business or website;or,
(e) fraudulent listings, requests for illegal services or spam.
4.8 Your way to communicate privately with other Blume Members is via the CommStream. The CommStream is primarily intended for communicating about tendered Tasks, solicited Projects and Bookings that may ensue. Blume Members may also use the CommStream to build friendly working relationships.
4.10 When using the CommStream, upon acceptance of a Booking, make sure that all direct communication goes via the CommStream. However, if it is essential to communicate outside the CommStream while a Project is in progress then make sure to post any key agreements back on the CommStream in case of a Dispute. If You take communications off the Site, Blume shall not assist with any Disputes.
4.11 It is advisable that You do not exchange Your contact details with another Buyer or Blumer before a Booking has been confirmed. This includes directing another Buyer or Blumer to Your company website or Your profile on another website. Discussing requirements for a Booking and agreeing and negotiating in respect of the same must all take place directly via the CommStream.
4.12 In accordance with Clauses 6.11 and 13 (Non-Circumvention), You must not make any offers or accept any offers to make payment outside of Blume. Please report any attempts by a Blume Member to make payment outside of Blume to email@example.com
5. BLUMER TERMS & KEY BLUMER TERMS
5.1 Blumers are free to impose their own service terms for Blumer Services and are encouraged to do so instead of solely relying on the Blume Terms as these deal with a different relationship and different services.
5.2 Any Blumer Terms must be:
(b) in accordance with these Service Terms in particular rights to cancel; and
(c) in accordance with all applicable laws and regulations, including applicable data protection laws, consumer laws and rights to cancel.
5.3 Blumers are responsible for enforcing their own Blumer Terms (which must not conflict with Blume’s site-wide policies where Blume provides for certain standards to be met and processes to be followed). Blumer Terms must be brought to the attention of a Buyer before the Buyer makes a Booking. Blume reserves the right to request removal or amendment to any Blumer Terms.
6.1 The Deposit and Balance Payment payable by a Buyer in respect of a Booking shall be established by the Blumer in accordance with the stated Hourly Rate or Fixed Fee rate.
6.2 Blumers must charge at least the London living wage. This ensures that Blume Members take the work and the relationship seriously and it is fairer for people who cannot afford to work for free! We have a feature that enables You to donate to charity.
6.3 A Buyer shall purchase Blumer Services via the Site by making a Booking. The Blumer may publish their Blumer Terms in respect of the Blumer Services, otherwise the Blumer should ensure that all necessary information is provided to a Buyer in advance of the Booking in accordance with all applicable laws. A binding Contract shall not come into existence between a Blumer and a Buyer unless and until a Booking is confirmed. Up to that point, a Blumer is entitled to communicate to the Buyer via the CommStream that they are no longer able to deliver the Booking and such Booking can be freely cancelled.
6.4 The Buyer shall credit the Deposit into the Escrow Account pending the completion of the Project by the Blumer.
6.5 The Site operates in £ (pounds sterling) and Blume shall deduct from the Escrow Account such sums as shall be necessary to compensate it for any foreign currency losses suffered by way of charges as a result of payments being made into or out of the Escrow Account in a different currency. The cost of such deduction will be borne by the Blumer.
6.6 Upon successful completion of the Project, the Blumer shall confirm that the Project is complete by submitting a notification via the Site (‘Completion Notification’) and shall raise a Blumer Invoice for the Gross Blumer Fees and the Buyer shall pay the Balance Payment in to the Escrow Account.
6.7 Blume shall be entitled to retain the full amount of the Blume Booking Fees in consideration for the Services it performs which such shall be deducted from the funds the Buyer places in the Escrow Account at the time it is paid in. The Blume Booking Fees are non-refundable unless a Refund Event occurs whereupon a Refund Fee shall be deducted instead save for where the Blumer is at fault in which case the Refund Fee shall not be deducted from the Buyer’s funds.
6.8 The Net Blumer Fees due to a Blumer shall only be released upon satisfactory completion of the Project which shall be indicated by the Buyer’s express election to release the Net Blumer Fees (‘Release Notification’) entitling Blume to release the Net Blumer Fees (‘Release’) to the Blumer. The Release shall take on average seven (7) days to process although please be aware that it may take longer subject to banking processing timescales for which Blume are not responsible.
6.9 The Blumer is solely responsible for all income tax, national insurance contributions and any other taxes arising out of the payment of the Net Blumer Fees. If for any reason Blume becomes liable to pay any such liabilities, the Blumer shall reimburse Blume in an amount equal to all amounts assessed to be payable by Blume.
6.10 In response to a Release Notification or as otherwise permitted under these Terms, a Blume Member authorises Blume to share Your Personal Data and transaction information with its payment partners, namely Stripe (or other forms of online payment processing approved by Blume in connection with the sale and purchase of the Blumer Services as facilitated by Blume) and the use of Stripe’s payment processing services including but not limited to enabling Stripe to:
(a) charge and collect payment of the Deposit followed by a Balance Payment;
(b) deduct from the Deposit, the Blume Booking Fees at source; and,
(c) release the Net Blumer Fees to the Blumer less any payments that Blume is entitled to retain by way of Blume Booking Fees (‘Net Blumer Fees’).
Funds are transferred direct to a Blumer’s bank account, details of which are registered on the Site and which You must keep up-to-date and accurate. Payment processing services for Blume Limited on Blume provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). However, You acknowledge and agree that in respect of your payment obligations, You are transacting with Blume not Stripe.
6.11 If a Buyer fails to send a Release Notification (or fails to request a Refund or raise a Dispute in respect of a Rejected Invoice or Rejected Refund Request) within seventy-two (72) hours of the receipt of a Completion Notification, Blume is entitled to assume successful completion of the Project and Blume shall be entitled to release the Net Blumer Fees to the relevant Blumer.
6.12 All payments for Bookings between the Buyer and Blumer must be processed via the Site. Payments for Bookings that are made outside of this Site shall be considered a breach of these Terms and may result in Your Account being suspended or terminated at Blume’s discretion for reasons of circumvention referred to at Clause 13. The Blumer will be liable for all Losses incurred by Blume as a result including all reasonable legal expenses. Buyers must report attempts by a Blumer to perform the Booking by circumventing the Site and unlawfully bypassing the payment of any Blume Booking Fees lawfully due to Blume.
6.12 In using the Escrow Account, Blume act, subject to these Terms, on the Blume Member's behalf. Blume holds the funds in a separate client account. Blume is not a deposit taking body and any monies held by Blume on a Blume Member's behalf are not insured deposits. Blume Members will not receive interest or other earnings on the funds in the Escrow Account. Blume will endeavour to ensure that the funds in the Escrow Account are available to the Blume Member in accordance with these Terms but do not guarantee that they will be available to the Blume Member in circumstances which are unforeseen or beyond our control.
6.13 Blume Booking Fees are reviewable upwards by Blume and shall take immediate effect upon posting on the Site.
6.14 If any Refund Event occurs (as defined), provided there is a Deposit in the Escrow Account, Blume shall be entitled to repay such monies to a Buyer at Blume’s sole discretion less any Refund Fees due and payable.
7. BLUME MEMBER OBLIGATIONS
7.1 Blume Members acknowledge that the Blume Services are limited to providing an open marketplace through which Blume Members can buy and sell Tasks by way of making Bookings for various Projects in a dedicated online environment.
7.2 As a Blume Member, You warrant, represent and undertake to Blume that:
(a) You are at least eighteen (18) years of age at the time of applying for Membership (where You register as an individual and not via a company or other legal entity);
(c) You will comply with all applicable laws and codes of practice;
(d) You agree to cooperate fully with Blume and any Blume Member in resolving any Dispute;
(e) all information provided to Blume or to another Blume Member in respect of itself (when applying to be an Approved Blume Member or at any time thereafter) and in respect of any Booking is true and accurate in all respects;
(f) You are solely responsible for any breach of Your obligations under the terms of the Agreement due to Your act, omission, default or Your failure to comply with any of Your obligations therein and for the consequences of any such breach or failure;
(g) You will only communicate via the CommStream;
(h) You are not economically barred/limited under sanctions rules of any country worldwide. If Your circumstances change to be included in such lists, please cease using Blume immediately. As per UK Anti-Money Laundering regulations, Blume is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea; and,
(i) You will keep Your Login details secure and confidential.
7.3 As a Blumer, You hereby further warrant, represent and undertake to Blume that:
(a) You represent one or more trade and/ or retail businesses;
(b) You will not be fraudulent or sell or attempt to sell illegal Blume Services;
(c) You have the requisite expertise and skills to successfully perform the Task(s) in respect of a Project that is the subject of a Booking for the Blumer Services;
(d) You will not sub-contract Your obligations to provide the Blumer Services without the express prior agreement of the Buyer;
(e) You will provide regular progress updates to the Buyer and respond promptly to all messages via the CommStream from the Buyer;
(f) You will deliver a high standard of work, appropriately meeting the Buyer's requested and agreed requirements;
(g) You will ensure that all deliverables provided in a Project are error free;
(h) You will deliver work within the Task Specs agreed with the Buyer in the CommStream;
(i) all work output shall be owned by You and You are authorised to sell the Blumer Services and by doing so neither the Blumer nor the Buyer nor Blume will infringe any third party rights (including any Intellectual Property Rights);
(j) You can personally guarantee that You have the authority to bind the Buyer to the Blumer Terms and/ or Key Blumer Terms;
(k) You will at all times act with all due care, skill and ability in any dealings with Buyers;
(l) You will cooperate fully with Blume and its affiliates in connection with any inquiry or investigation (whether formal or informal), and any defence or prosecution of any claims or actions;
(m) You will follow the Blume guidance, rules and processes provided for in the Agreement (or as otherwise set out on the Site) including those relating to the publishing of Tasks, cancellations, Refund Requests, using the CommStream, Blume Member Profiles and general good faith conduct towards Blume and fellow Blume Members;
(n) You will not publish or cause to be published any derogatory or defamatory comments about either Blume or a Buyer;
(o) You will have adequate insurance (including travel insurance) in respect of conduct of the relevant Projects where applicable;
(p) You will notify the Buyer as soon as possible via the CommStream if You are ill or otherwise unable to provide the Blumer Services and You will use reasonable endeavours to agree a rescheduling or alternatively, You should follow the procedure set out at Clause 8 and cancel the Booking accordingly;
(q) You will redirect the Buyer to the Site if You receive a direct solicitation to tender for future Projects and You will report any Blume Member who requests that You shall circumvent Blume;
(r) You will comply with any health and safety guidelines of the Buyer whilst on the Buyer’s premises and will notify the Buyer promptly of any health and safety issues that You become aware of;
(s) Your Blume Services must not in any way contain fraudulent, inaccurate or misleading information;
(t) in offering Your Blume Services for sale via the Site, You must comply with all applicable legislation and codes of practice.
7.4 Subject to Clause 11.1, You release, acquit and forever discharge Blume from any and all Losses (actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Contract ensuing from the sale of Blumer Services via the Site.
7.5 We make no representation, condition or warranty, and hereby expressly disclaim any liability to You in respect of
(a) a Contract with any Blume Member and/or the acts and omissions of any Blume Member;
(b) Your use of or inability to use the Services or any Site functionality at any point in time in accordance with the terms of the Agreement;
(c) Site unavailablity at any time for any period; and/or
(d) any changes which Blume may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);.
7.5 You shall indemnify and hold harmless Blume on demand, and shall keep Blume fully and effectively indemnified against any and all Losses incurred by or asserted against Blume, arising out of or in connection with:
(a) any breach of these Terms or breach of warranty by a Blume Member or the acts or omissions of a Blume Member (or its employees, sub-contractors or agents) (other than and to the extent that any losses arise directly from breach of these Terms by Blume or by Blume’s negligence);
(b) the Blumer Services infringing a third party’s rights;
(c) any advertisement, marketing or promotion including the publishing of Tasks and Task Descriptions on the Site (other than any material produced by Blume) and any reliance placed on it;
(d) in connection with any Blumer Terms or Key Blumer Terms;
(e) the deletion of, corruption of, or failure to store, any UGC, Data and other CommStream data maintained or transmitted by or through Your use of the Interactive Services.
8. CANCELLATION OF A PROJECT BY A BLUME MEMBER (& ASSOCIATED REFUNDS)
8.1 After the Project Start Date, the Buyer or Blumer may request a cancellation. A Blume Member can either:
(a) notify the other party via the CommStream; or,
(b) where the Buyer believes they are entitled to a Refund in respect of a Refund Event (as defined) and wishes to cancel (and funds reside in the Escrow Account), the Buyer can notify the Blumer of the cancellation by requesting a Refund using the “Request Refund” action on the CommStream. A reason must be specified for the Refund Request.
8.2 If the Buyer fails to notify the Blumer in the CommStream that they wish to cancel the Project and the Project is subsequently completed in whole or in part, the Buyer must pay for the Blumer Services completed and delivered. In such circumstances, the Buyer should not file a Dispute or reverse payment with their credit card provider or bank. Attempts to take back monies in this way will lead to the Buyer's Account being automatically suspended.
8.3 Once notified of a cancellation, the Blumer should stop working on the Task(s) in respect of the Project immediately and the Blumer and Buyer should agree in the CommStream what payment is necessary and commensurate for any work completed (or time spent).
8.4 A Buyer is entitled to receive a Refund of funds held in the Escrow Account excluding the Refund Fee (as defined) upon the happening of a Refund Event in accordance with Clause 6.15. If the cause of the cancellation was not due to the circumstances defined as a Refund Event, the Blumer is entitled to request payment of a minimum sum equal to the value of the Deposit held in the Escrow Account. The Blumer should request payment by raising a Blumer Invoice.
8.5 Refunds are only applicable to funds held in the Escrow Account. As per Clause 6.8, funds should only be paid out of the Escrow Account once the Buyer is satisfied that the agreed Tasks purchased pursuant to the Project have been successfully completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.
8.6 Where a Buyer submits a Refund Request and provides a reason, the Blumer must either:
(a) approve the Refund Request (‘Approved Refund Request’); or,
(b) reject the Refund Request (‘Rejected Refund Request’).
8.7 Rejected Refund Requests are raised automatically to Blume for Dispute assistance and handled in accordance with Clause 12. If the Blumer does not respond to a Refund Request within two (2) Business Days (a ‘No-Show Refund Request’) or there is an Approved Refund Request, then subject to Clause 12, Blume may release the funds held in the Escrow Account automatically back to the Buyer provided that following a brief review of the Refund Request (including the reason for the Refund and the circumstances), Blume is reasonably satisfied that the parties have complied with these Terms. If Blume reasonably believes that the parties have not complied with these Terms or are seeking to bypass their obligations, Blume shall not be obliged to process the Refund.
8.8 Although there may be personal or business circumstances where this is necessary, Blume Members are dissuaded from actioning Refund Requests and cancelling Bookings because to do so can negatively impact on the Feedback attributed to Blume Members. Further, where multiple Refund Requests can be attributed to one Blume Member, Blume reserves the right to review the Account which may lead to temporary or permanent restrictions being place on the Account or termination.
9. DATA PROTECTION & PRIVACY
10. BLUME MEMBER ACKNOWLEDGEMENTS
10.1 Blume Members acknowledge that the Blume Services are limited to providing an open marketplace through which Blume Members can make a Booking in a dedicated online environment. Blume is not itself directly involved in a Booking that may take place between Blume Members. Consequently, Blume cannot make any guarantees to a Blume Member who sells or makes a purchase at their own risk. For the avoidance of doubt, Blume:
(a) has no control over the quality, morality, safety or legality of a published Task;
(b) is not legally privy to any Contract that may arise when a Booking takes place;
(c) does not guarantee that any minimum or fixed number of Tasks will be made available or will be sold via the Site;
(d) does not guarantee that the information submitted by a Blume Member is valid and accurate;
(e) does not guarantee that the quality of any work undertaken pursuant to a Project delivered by a Blumer will be of a high standard or not sub-standard;
(f) does not guarantee that any tenders for Projects will be successful; and,
(g) does not guarantee that interruptions of Services on the Site will not occur during a Booking or at any time.
11.1 Nothing in this Clause 11 shall exclude or restrict Blume’s liability for:
(a) fraudulent misrepresentations;
(b) any liability where the law does not permit such exclusion of liability; and,
(c) death or personal injury arising from negligence in respect of the Services.
In addition, consumer statutory rights are not affected.
11.2 Blume shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of a Blume Member or the failure of a Blume Member to comply with any of their obligations herein.
11.3 Subject to Clause 11.1, Blume shall not be liable under any circumstances to a Blume Member in respect of any Blumer Services or for any special, indirect or consequential loss or damage or any loss (whether direct or indirect) of profit, anticipated profits, business, data, opportunity, revenue, goodwill or reputation.
11.4 Subject to Clause 11.1, Blume’s total maximum liability arising under or in connection with the Services provided by Blume, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed, in respect of any relevant Booking lawfully sold on the Site in accordance with these Terms, an amount equivalent to the monies paid to Blume by way of Blume Booking Fees.
11.5 In accordance with Clauses 4.3 and 10.1(b), Blume is not party to a Contract for the provision of Blumer Services to a Buyer and shall have no liability of any kind in respect of the same.
11.6 The limitations on Blume’s liability to a Blume Member in this Clause 12 shall apply whether or not Blume has been advised of, or should have been aware of, the possibility of any such losses arising.
11.7 If you are a consumer, we agree that the Services shall be of satisfactory quality and fit for purpose. Except as expressly set out herein, Blume gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
11.8 Subject to consumer statutory rights, no action arising out of or in connection with these Terms may be brought by a Blume Member more than twelve (12) months after the date of the event from which the claim (or series of related claims) arose.
12.1 A Dispute can be raised in respect of either:
(a) a Rejected Invoice; or,
(b) a Rejected Refund Request.
12.2 Blume encourages all Blume Members to resolve their own Disputes. Blume cannot mediate Disputes between Blume Members. Where there is a Dispute raised between the Buyer and the Blumer, Blume encourages the parties to communicate directly with each other in order to resolve the situation through the CommStream in a fair, timely and honest manner.
12.3 If a situation cannot be resolved directly between the parties via the CommStream, then as a last resort, You may opt to use the Dispute Resolution Process (‘DRP’) that Blume provides at its discretion to determine a resolution. The DRP is only an aid to provide the parties with an independent opinion and solution and Blume is not obliged to provide it. It is a practical solution based on common sense and these Terms are not a legal solution. Blume offers no advice, recommendations, endorsements or legal representation under any circumstances and will not make judgements or claims.
12.4 If both parties wish to make use of Blume’s optional DRP, to initiate the request, both parties must request this in writing and shall each:
(a) provide a brief overview of the issue; and,
(b) state what outcome they would like to achieve.
12.5 The DRP shall not commence until both parties’ Briefs are received. Blume shall respond to the parties within fourteen (14) days stating whether or not Blume are willing to offer an opinion (‘Opinion’). If Blume refuses, that is that.
12.6 The parties are advised to look to their own mediation and dispute resolution organisations or to commence proceedings. If Blume are prepared to provide an Opinion, Blume may include further questions to one or both parties which shall require a response within seven (7) days. If further information is required, this process shall be repeated each time i.e. the Blume Member shall be given seven (7) days to respond to questions and Blume shall take approximately fourteen (14) days to either request further information or deliver an Opinion.
12.7 When Blume has sufficient information to deliver an Opinion, both Blume Members then have seven (7) days to notify Blume if they accept or do not accept the Opinion so delivered. There is no obligation on a party to accept an Opinion but there is no appeals process i.e. Blume’s Opinion will be based on the information provided to it, these Terms, any Blumer Terms or Key Blumer Terms and shall be final. Where the relevant responses are not received by Blume within the time frame, the Dispute shall be dropped from the Blume agenda.
12.8 Blume reserves the right to suspend Your Account with immediate effect while the DRP is being conducted. Your Account may be reactivated once an Opinion has been delivered
12.9 The Blume Member agrees to be reachable by telephone during normal business hours and to respond to all enquiries from Blume in relation to ongoing Disputes by telephone and/or email in a prompt and timely manner. You recognise that in order to facilitate an efficient, online, open marketplace for Blume Members, enquiries in respect of the Disputes need to be responded to and resolved rapidly. You shall respond fully to all enquiries from Blume within two (2) Business Days via email or phone. Failure to do so may result in Your automatic withdrawal from the Site resulting in the termination of any and all Blumer privileges without notice.
12.10 The Services are not available to temporarily or indefinitely suspended Blume Members. Blume reserves the right, in its sole discretion, to cancel Accounts that are inactive for six (6) months or more. Blume further reserves the right to refuse the Services to any business, for any reason, at any time.
13.1 Blume has generated marketing leads for the Blumer by being given access to a database of prospective Buyers that has been built up over time and at great cost to Blume and holds that it is therefore reasonable for the Blumer to be expected not to seek to circumvent the Site by directly or indirectly soliciting Buyers outside of the Site for the purposes of booking projects the same or similar to those Tasks proffered on the Site at any time whilst registered as a Blumer.
13.2 The Blume Member hereby legally and irrevocably covenants to Blume that it will not circumvent or attempt (or cause) to circumvent, avoid, by-pass or obviate either directly or indirectly the Site by entering into business transactions or ventures with Blume Members in a manner that results in the loss of actual or potential business opportunity for Blume, Blume Fees or revenue for Blume or otherwise results in any form of financial return or considerations to a third party excluding or causing a detriment to Blume.
13.3 In the event of circumvention of these Terms, whether directly or indirectly, Blume shall be entitled to a monetary sum equal to the Blume Fees that would have been due but for the circumvention plus any or all Losses incurred to recover the lost revenue. The obligations contained in this Clause 13 shall continue without limit of time notwithstanding termination or expiry of Membership.
13.4 You may not engage in any activity to avoid the payment of Blume Fees. This includes but is not limited to:
(a) completing a transaction off-Blume once it has been initiated on the Site;
(b) cancelling a valid completed Booking;
(c) directing Buyers to another online selling platforms to purchase the same Blumer Services as posted on the Site. This includes posting links/URLs or providing information sufficient to locate the other online selling platform;
(d) contacting another Blume Member to buy or sell a Task published on Blume outside of Blume’s marketplace.
14.1 Upon Project completion and Release, both parties are asked to provide Feedback which shall influence each Blume Member's success and ratings on Blume. You hereby consent to Blume publishing Feedback which shall be freely accessible by all Blume Members.
14.2 Both parties should complete the Feedback honestly. Blume Members must not falsify Feedback, manipulate or coerce another Blume Member by threatening negative Feedback or offer incentives in exchange for Feedback. Any attempts of this nature should be reported immediately to Blume.
14.3 Blume is not legally responsible for any Feedback or comments posted or made available on the Site under any circumstances and generally does not monitor or censor Feedback comments or the opinions expressed. Notwithstanding this, in order to protect the integrity of the Feedback system and protect individuals from abuse, Blume reserves the right (but is under no obligation) to remove posted Feedback or information that, in Blume’s sole judgment:
(a) violates the Terms; or,
(b) negatively affects the Site or the reputation of the marketplace that Blume offers; or,
(c) is reported to as defamatory, abusive or offensive.
A Blumer publishing Feedback may be held legally responsible for damages suffered by other Blumers or third parties as a result of its remarks if such remarks are legally actionable or defamatory.
15.1 Blume reserves the right to terminate the registration of any Blume Member at its sole discretion for any reason for convenience or for cause.
15.2 Where Blume reasonably suspects or discovers that a breach of these Terms may have (or has been) committed, Blume will immediately terminate this Agreement and can withhold payments for Projects already conducted but not yet paid and possibly seek to recover any profit earned from direct dealings in breach. Blume also reserves its right to take such other action as it seems appropriate.
15.3 As a Blume Member, You may terminate its registration (subject to fulfilling any Project Bookings already committed to) by using the facility available in Your Account.
16. EVENT OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of the Services caused by an Event Outside Our Control. If an Event Outside Our Control takes place that is likely to adversely affect the performance of any Blume obligations, You will be notified of this and our obligations under the Terms shall be suspended for the duration of the Event Outside Our Control. We will endeavour to keep You updated as to when the Services may become available again. This is our sole obligation to You.
17. CONFIDENTIAL INFORMATION
A Blume Member (‘receiving party’) shall keep in strict confidence all Confidential Information including but not limited to all CommStream communications, all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by another Blume Member (‘disclosing party’) concerning the disclosing party's business and services and in respect of a Project. The receiving party shall only disclose such Confidential Information to those of its employees, agents and subcontractors who need to know it for the sole purpose of discharging the receiving party's obligations and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this Clause as though they were party to it. The receiving party may disclose such of the disclosing party's Confidential Information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This Clause 17 shall survive termination of the Agreement.
18. ENTIRE AGREEMENT/ SEVERABILITY
These Terms shall be personal to You and You may not assign or transfer Your Blume Membership and Account to a third party. Blume reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Blume or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
20. NO WAIVER
Failure by either Blume or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
21. THIRD PARTY RIGHTS
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
22. LAW AND JURISDICTION
Blume will try and solve any disagreements that You may have as between You and Blume quickly and efficiently. If a Blume Member is not happy with the way Blume deals with any disagreement and wants to take court proceedings, the Blume Member must do this within England. Relevant English law will apply to the Agreement and the relevant courts of England will have exclusive jurisdiction in relation to the Agreement.
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
Account: means the secure online electronic account created by an Approved Blume Member upon registration and from where the same can access the Interactive Services via their Login
Approved: means the status whereby an applicant is accepted by Blume.
Approved Refund Request: as per Clause 8.7 – 8.8.
Balance Payment: refers to the Gross Blumer Fees less any Deposit.
Blume: means the website with the domain name www.blume.life or Blume Limited as the context so requires.
Blume Booking Fees: refers to the amounts retained by Blume out of the Gross Blumer Fees in partial consideration of providing the Services. Blume Fees: includes the Gross Booking Fees, Refund Fees and any other fees that may be deducted by or charged by Blume from time to time.
Blume Member: refers to a professional service provider registered on the Site. The Blume Member may browse, sell (Blumer) or purchase (Buyer) one or more Tasks published on the Site.
Blume Member Profile: refers to the information published on the Site including the Blume Member public biography, first name, last name, email, D.O.B., gender, photo and address.
Blume Team: refers to our customer support team contactable at: firstname.lastname@example.org
Blumer Feedback: refers to the feedback/ review submitted to the Site by a Blumer about a Buyer.
Blumer: a person selling Blumer Services to a Buyer via Blume.
Blumer Invoice: refers to a bill for a completed Project which is raised by the Blumer in the CommStream or in the Blume payments dashboard.
Blumer Services: refers to the services to be provided and sold to a Buyer by a Blumer.
Blumer Terms: refers to Blumer’s own legal terms and conditions that govern the Booking whether in a standalone document or otherwise provided to a Buyer (excluding Key Blumer Terms) to the extent that they do not conflict with the Terms.
Booking: refers to the entire process of buying and selling Blumer Services including the transaction.
Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
Buyer: a person buying Services from a Blumer on Blume.
Buyer Feedback: refers to the feedback/ review submitted to the Site by a Buyer about a Blumer.
CommStream: refers to Your way to communicate privately via Blume’s internal email system as between a Buyer and a Blumer using their Logins. Via the Blume Mailer, parties can access Booking information including attachments, send a proposal in respect of a Project, raise an Blumer Invoice, make payments, request a refund or raise a Dispute in relation to a Project.
Completion Notification: the notification sent by a Blumer (along with the Blumer Invoice) to a Buyer notifying the Buyer that the Blumer considers the Project successfully completed and requires payment.
Confidential Information: all information (whether technical or commercial disclosed in writing, on disc, orally or by inspection of documents or pursuant to discussions between any of the parties) via the CommStream or otherwise in relation to a Project or any use of the Site, where the information is:
(a) identified as confidential at the time of disclosure; or,
(b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
Contract: means the legally binding and enforceable agreement that is formed between the Buyer and the Blumer when a Booking is made which shall be subject to the Terms and any Blumer Terms (or Key Blumer Terms) as applicable (including CommStream discussions).
Data: refers to both Personal Data and financial data.
Deposit: refers to part of the Gross Blumer Fees that are deposited in the Escrow Account which shall amount to at least twenty percent (20%) of the Gross Blumer Fees payable.
Dispute: means any dissatisfaction expressed by the Buyer against the Blumer in connection with:
(a) a Rejected Invoice; or,
(b) a Rejected Refund Request.
Escrow Account: refers to a virtual account where a Deposit amount (followed by the Balance Payment) are deposited at the time a Booking is made which shall reside there pending successful performance and completion of the Blume Services by the Blumer at which point the Buyer shall procure that the Gross Blumer Fees are released to the Blumer less the Blume Booking Fees. Releasing monies in respect of making payment in and payments out shall be in accordance with these Terms only.
Event Outside Our Control: any happening or event beyond the reasonable control of Blume including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Blume or any other party), failure of a utility service or transport or telecommunications network, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, injury to Blume or supplier persons, any act of God including fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; extreme adverse weather conditions; mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law) which results in a failure or delay in the performance of Bllume’s obligations under the Terms.
Feedback: refers to Blumer Feedback and/ or Buyer Feedback.
Fixed Fee: refers to the fixed fee rate a Blumer assigns to a Task.
Gross Blumer Fees: refers to the entire price of the Booking i.e. the Deposit and the Balance Payment (incorporating the Blume Booking Fees or Refund Fees as the case may be).
Hourly Rate: refers to the per hour rate a Blumer assigns to a Task.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in Confidential Information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Interactive Services: includes the provision of an online platform for browsing, selling and buying
Key Blumer Terms: any stand-alone precedential legal contractual terms that a Blumer wishes to govern a Booking which may be informational or particularly onerous or simply a departure from the Terms.
Login: the username and unique password a Blume Member applies to their Account upon registration.
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Membership Welcome Email: refers to the email sent by Blume to a Blume Member confirming that Blume has approved them for membership.
Net Blumer Fees: means the Gross Blumer Fees less the Blume Booking Fees.
No-Show Refund Request: as referred to in Clause 8.8 where a Blumer does not respond to a Refund Request.
Personal Data: as defined in the Data Protection Law.
Project: means the Booking for the Blume Services comprising one or more Tasks purchased by a Buyer via the Site.
Project Start Date: refers to the start date agreed by the parties pursuant to the Booking via the CommStream.
Refund: refers to the return of some or all of the intended Gross Blumer Fees residing in the Escrow Account to the Buyer less any Refund Fee where applicable.
Refund Event: where Blume is instructed to provide a Refund to a Buyer for any reason (whether authorised by Blumer or not) including the following (where Blume is satisfied that a Refund is legally due in all the circumstances following a review pursuant to Clause):
(a) where the Blumer fails to respond to a Buyer’s Refund Request in the CommStream within one (1) Business Day of the Project Start Date;
(b) where the agreed scope of the Task(s) was not delivered within the agreed timescales;
(c) where the Blumer fails to turn up at the agreed date, time and location;
(d) where the deliverables/ work output are of poor quality and do not meet the Task Description or any other claim made as to expected quality in the CommStream provided that the Blumer has been given the opportunity to repeat all or part of the Task to satisfy the quality levels expected;
(e) the Blumer lost a Dispute;
(f) where the Buyer and Blumer mutually agree to a Refund for other reasons as set out in (a) – (e) however authorisation of such Refunds will be subject to a review by Blume, as referred to in Clause 8.8.
Refund Fee: a non-refundable fee for processing a Refund payable to a Buyer out of the Deposit residing in the Escrow Account which shall be chargeable in all circumstances save for where the Blumer is at fault
Rejected Refund Request: as per Clause 8.7 – 8.8.
Release Notification: the notification sent by a Buyer to Blume instructing Blume to release the Net Blumer Fees to the Blumer as they accept that the Project has been successfully completed.
Site: means a website owned and operated by Blume including www.blume.life.
Services: refers to the provision by Blume of the Site and the Interactive Services including but not limited to back office support such as billing and IT services.
Task(s): refers to the published work opportunities published by a Blumer which represent offers made by a Blumer to a potential Buyer to provide the selected Blumer Services which must contain a fee quotation in respect of the Gross Blumer Fees payable.
Task Categories: refers to the pre-determined categories in to which Tasks are grouped.
Task Description: refers to the description that the Blumer attaches to a Task for publishing the Task(s) on the Site.
Task Specs: refers to the date, time and location details relating to a Task when a Task is solicited by a Buyer.
UGC: means all content provided, generated, uploaded, embedded or otherwise displayed and/ or stored on the Site by a Blume Member including without limitation, the content of Tasks, proposals and communication via the CommStream for the purposes of using, booking and soliciting the Services which may include but are not limited to, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by Blume Members and Blume. UGC is the sole responsibility of the person who originated it.