Terms and Conditions
BADI GENERAL TERMS AND CONDITIONS OF USE
Effective date: 25/03/2020. In case of new sign ups or first use of the Badi Platform, 25/02/2020.
- Legally binding Agreement between BADI and You
- Changes to these General Terms and Conditions of Use
- What is www.badi.com and Badiapp?
- How to contact BADI and how BADI may send communications to You
2 YOUR OBLIGATIONS
- Platform Eligibility and Platform Acceptable Use Policy
- Registration and Booking Policy
- Cancellation Policy
- Other services provided by BADI
- Mobile application
3 YOUR RIGHTS
- License to BADI regarding your content
- Service Availability
- Intellectual Property Rights
- Processing of the information
4 BADI’S DISCLAIMER AND LIMIT OF LIABILITY
- No Warranty
- Exclusion of Liability
5 GENERAL TERMS
6 GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ CAREFULLY THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE BEFORE YOU MAKE ANY USE OF OUR WEBSITE PLATFORM, MOBILE APPLICATION AND/OR SERVICES (hereinafter referred to collectively as “BADI Platform”). THESE GENERAL TERMS AND CONDITIONS OF USE REGULATE THE USE AND ACCESS TO THE WEBSITE WWW.BADI.COM AND THE CORRESPONDING MOBILE APPLICATION AND THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.
IF YOU ACCESS, REGISTER AND/OR, IN ANY WAY, USE BADI PLATFORM AND/OR PROVIDE ANY PERSONAL DATA TO BADI, YOU WILL BE GIVING YOUR UNCONDITIONAL, FULL AND EXPRESS ACCEPTANCE TO THE ENTIRE GENERAL TERMS AND CONDITIONS OF USE SET FORTH AND, AS INDICATED ON ITEM 1.1. BELOW, THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND BADI.
IF YOU DO NOT AGREE TO ANY OF THE ABOVE, WE KINDLY ASK YOU TO IMMEDIATELY STOP USING AND/OR ACCESSING BADI PLATFORM.
Last but not least, please note that this General Terms and Conditions of Use are in compliance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”), the Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 as regards the better enforcement and modernisation of European Union consumer protection rules, as well as any applicable local law.
Indeed, in compliance with the provisions of electronic commerce and consumer protection, we kindly provide you with the following details of the owner of www.badi.com and Badiapp:
We are BADIAPP TECHNOLOGIES, S.L.(hereinafter referred to as “BADI”)
Our registered office is at: Avenida Catedral, 6-8, 08002 Barcelona (Spain)
We are registered at: Companies Registry of Barcelona
Registration details: Vol. 47132, page 91, sheet B-542190.
Our VAT number is: B-67536458
Our contact email is: email@example.com
1.1. Legally Binding Agreement between BADI and You
These General Terms and Conditions of Use and the related Privacy and Cookies Policies are a LEGALLY BINDING AGREEMENT BETWEEN YOU AND BADI (hereinafter referred to as the “Agreement”) to which You are agreeing to enter when accessing, registering and/or in any way using our Platform.
In the Agreement:
- “We”, “us” or “our” means BADI; and
- “You” or “your” means the user of BADI Platform.
Indeed, please note that the Agreement sets out the following:
- Your legal rights and responsibilities (please see sections 2 and 3 below); and
- BADI’s legal rights and responsibilities (please see section 4 below).
Due to the great importance of the content of this document, we kindly invite You to contact us in case You don’t understand any of the above and want to talk to us about it. For these purposes, You can contact us at: firstname.lastname@example.org
BADI is committed to serve its Users with utmost care and diligence. Therefore, please let us know if You would like the Agreement and/or any related information to be provided to You in another format (i.e. audio, large print, etc.) and we will use our best endeavors to assist You. In this regard and since our app is available for mobile devices, we kindly advise You not to use it when driving or in any situations that may endanger your safety and others.
Last but not least, please note that IF YOU WOULD LIKE TO TERMINATE THE AGREEMENT, YOU CAN DO SO BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING OUR PLATFORM. HOWEVER, IF THE AGREEMENT IS TERMINATED, IT WILL NOT AFFECT BADI’S RIGHT TO RECEIVE ANY MONEY WHICH YOU OWE TO BADI UNDER THE AGREEMENT (please see section 5. below).
1.2. Changes to these General Terms and Conditions of Use
We are constantly trying to improve our BADI Platform and BADI Services, so this Agreement may need to change along with our Platform. We reserve the right to change this Agreement from time to time. We will provide you with reasonable prior written notice of any change. If you do not agree to any amendments to this Agreement, you shall (as your sole remedy) stop using our BADI Platform and BADI Services. By continuing to use the BADI Platform and BADI Services, you are providing your agreement to be bound by the updated terms of our General Terms and Conditions of Use and Conditions of Booking Systems.
Additionally, WE KINDLY ADVISE YOU TO REGULARLY REVIEW THESE GENERAL TERMS AND CONDITIONS OF USE TO STAY ABREAST OF ANY CHANGES WE MIGHT NEED TO MAKE SINCE, IF YOU ACCESS OUR PLATFORM AFTER ANY CHANGE IS MADE TO THESE GENERAL TERMS AND CONDITIONS OF USE, YOU ARE EXPRESSLY AGREEING TO THE CONTENT OF THE NEW GENERAL TERMS AND CONDITIONS OF USE.
“Badi Booking System” refers to the functionality offered by BADI that allows Users to formalize a Booking of Premises.
“BADI Content” refers to all material that BADI shares through its Platform and any content that is property of BADI or authorized by third parties found in BADI Platform.
“BADI Service Fees” refers to the amount charged by BADI for the provision of online platform services and it includes the fees that BADI may charge to the Lister (hereinafter, “BADI Lister fees”) as well as the fees that BADI may charge to Seekers (hereinafter, “BADI Seeker fees”).
“BADI Inbox” refers to one of BADI Platform features, which allows registered Users to Exchange information.
“BADI Cancellation Penalty” refers to the amount charged by BADI either to the Lister and/or to the Seeker and which both the Lister and the Seeker undertake to pay in the event of omitting to perform the terms imposed upon them in relation to the cancellation of a booking. We inform you that, in the event of lack of payment within the 30 days period, BADI reserves the right to block/ban the Lister account. BADI Cancellation Penalty is expressly agreed by Users as compensation to BADI for the disruption and for the detrimental impact on the confidence in BADI Platform and its community. You agree that the actual damages for such cancellation are uncertain and difficult to ascertain, but that such amount represents our good faith attempt to calculate an appropriate compensation. As such, you agree that such cancellation penalty amount is liquidated damages and not a penalty clause.
“BADI Platform” refers to any web pages, applications or other platforms and/or means of access, made available by BADI.
“BADI Services” refers to BADI services associated with the use of BADI Platform and the completion of Booking Requests.
“Booking Acceptance” refers to the formal acceptance of a Booking Request either by the Lister or by the Seeker.
“Booking confirmation” refers to the email sent by BADI regarding the full completion of the booking of a Listing through BADI Platform.
“Booking Rejection” refers to the formal rejection of a Booking Request either by the Lister or by the Seeker.
“Booking Request” refers to a proposal sent either by the Lister to the Seeker or, vice versa, to finalise the booking of the Premises. This Proposal can be made either through the Inbox section or within a Listing through the “Book now” button available at BADI Platform. The Booking Request contains the Move-in Date, Move-out Date, the Deposit amount if applicable, the Badi Service Fees and the Rent Amount.
“Compliance Violations” refer to any aspect of either (i) the Premises that would make it uninhabitable, a health risk, and/or any substantial modifications that differ from the description provided by the Lister in the Listing or (ii) the Lister or Seeker, whose identity and/or circumstances substantially differ from his/her profile and in which the Seeker or Lister has relied upon when confirming the Booking Request and the entity of which is ultimately to be determined by BADI.
“First Transfer” refers to the amount paid by the Seeker to the Lister at the time the Booking is confirmed, and whose aim is to ensure the operation goes smoothly for both parties. The First Transfer amount will be retained for a maximum of ninety (90) days before the Move-in Date and it will be subject to the mandatory release and transfer to the Lister following such period.
“General Terms and Conditions of Use” refers to this document.
“Enquiry” refers to the request sent either by the Lister or by the Seeker to each other in order to discuss the details of a Listing.
“Lease” refers to the private rental agreement entered between the Lister (acting as lessor) and by the Seeker (acting as lessee), regarding which BADI IS NEITHER PART NOR EXERTS ANY INFLUENCE OR CONTROL UPON.
“Lease Rent Amount” refers to the price agreed between the Lister and the Seeker for the lease of the Premises.
“Lister” refers to anyone who publishes a Listing of premises on BADI that is available for booking by a Seeker. Listers can be physical persons or legal entities, as well as any other entity that is the property owner, or is in possession of a title that allows them to rent on behalf of the owner or is in possession of a title directly issued by the property owner that allows them to rent on his/her behalf”, any premises intended for rental for a continuous period of 32 days or more. It is the Lister’s responsibility to ensure that the rental period published is in accordance with the applicable national, regional and/or local regulations in force where the Premises are located. Listers are independent contractors of Seekers and not employees, representatives, agents, joint ventures, independent contractors or franchisees of BADI. BADI does not employ individuals as Listers. You hereby acknowledge that BADI does not supervise, direct, control or monitor the Lister and expressly disclaims any responsibility and liability for services provided by Lister, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
“Listing” refers to any Premises published with the purpose of being available to rent by a Seeker using BADI Platform.
“Move-in Date” refers to the date on which the Seeker indicates, upon confirming the booking request, that they will move into the Premises.
“Move-out Date” refers to the date on which the Seekers indicate, upon confirming the booking request, that they will move out of the Premises.
“Premises” refers to the available accommodation published using BADI Platform and available for a Seeker to request a booking. For avoidance of doubt, available accommodation refers to one (1) bedroom apartments, studios and single rooms. Full properties and shared rooms are not considered as available accommodation in this General Terms and Conditions and, therefore, are not allowed.
“Recommendations” refers to suggestions that BADI might communicate to Listers based on the preferences provided by them during the registration process.
“Seeker” refers to any person or entity who registers on BADI Platform and requests a booking for the lease or sublease (in either case, “Lease” will be used), through the same platform, of any premises in which they are neither the tenant, lessee, landlord or owner.
“Tax” refers to any applicable taxes.
“User” refers to any person or entity who accesses and/or uses BADI Platform. Badi Platform Users must be of legal age pursuant to the applicable national, regional and/or local legislation where the Premises are located and Users, by navigating and/or accessing Badi Platform, represent and warrant that they do comply with such legal requirements.
1.4. What is www.badi.com and Badiapp?
They are a website and its correspondent mobile application, owned by BADI, which allow Users to post and find offers for the Lease of Premises for a medium to long term period of time in respect of which:
(i) Listers hold the legal rights or possess the necessary legal faculties to lease them; and
(ii) Seekers possess the necessary legal faculties to enter into a lease agreement as a lessee.
Please note that BADI IS SOLELY AND STRICTLY AN ONLINE PLATFORM THAT SERVES AS A CONNECTION POINT BETWEEN USERS INTERESTED IN OFFERING or RENTING PREMISES FOR A CONTINUOUS PERIOD OF 32 DAYS OR LONGER. In any event, it is the Users responsibility to verify that the offered rental period is in conformity with the applicable local or regional legislation in force where the Premises are located.
UNDER NO CIRCUMSTANCES DOES BADI OFFER:
(i) INTERMEDIARY SERVICES IN THE REAL ESTATE SECTOR; OR
(ii) INTERMEDIARY SERVICES IN THE LODGING/TOURIST RENTAL SECTOR; AND
(iii) BADI DOES NOT EXERT ANY INFLUENCE OVER THE OFFERING or LETTING OF PREMISES BETWEEN USERS.
FURTHERMORE, BADI DOES NOT FORM PART OF THE LEASE AGREEMENT AND SUCH AGREEMENT WILL EVENTUALLY BE ENTERED ONLY BETWEEN USERS, WHO ARE THE ONLY ONES WHO FREELY AND INDEPENDENTLY STABLISH THE CONDITIONS OF SUCH AGREEMENT. BADI DOES NOT HAVE CONTROL AND DOES NOT OFFER ANY SUPERVISION OVER THE LEASE AGREEMENT AND, THEREFORE, BADI IS EXEMPT FROM ANY RESPONSIBILITY, SHOULD ANY TYPE OF CONFLICT, DISAGREEMENT OR GRIEVANCE ARISE FROM SUCH LEASE AGREEMENT. ANY CIRCUMSTANCE DERIVED FROM THE AFOREMENTIONED LEASE AGREEMENT SHOULD BE SOLVED BETWEEN THE USERS THEMSELVES. FURTHERMORE, BADI WILL NOT TAKE PART IN NEGOTIATIONS DERIVED FROM THE LEASE AGREEMENT OR ANY OTHER TYPE OF AGREEMENT, NOR WILL BADI ACT AS AN INTERMEDIARY IN ANY WAY IN ANY DISPUTE THAT ARISES AS A CONSEQUENCE OF SAID AGREEMENTS.
However, BADI recommends that both the Seeker and the Lister read carefully the Lease, or any other agreement set forth by both parties, as it will be the document that governs the relationship between them.
If there is a dispute between Users on the BADI Platform or the BADI Services, or between users and any third party, you agree that BADI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BADI, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
IT IS CRUCIAL THAT YOU UNDERSTAND THAT THE BADI SERVICES OFFERED BY BADI ARE CONSIDERED FINALISED UPON CONFIRMATION OF ANY BOOKING, UNLESS OTHERWISE EXPRESSLY SPECIFIED HEREIN.
Users freely determine rental prices. BADI does not recommend rental prices to the Users and is not in any way liable for taxes arising out of or derived from any Leases. Additionally, Users are solely responsible for taxes, any other obligation arising from the Leases, as well as any charges or encumbrances or contractual or extracontractual liability arising in connection with the lease and the relationship established between the Users. Users expressly agree to hold BADI harmless in this regard.
Therefore, USERS ARE SOLE RESPONSIBLES FOR COMPLIANCE WITH LOCAL, REGIONAL, STATE OR NATIONAL LAWS THAT ARE APPLICABLE IN EACH CASE AND USERS EXPRESSLY AGREE THAT THEY WILL HOLD BADI FREE AND FULLY HARMLESS FROM ANY THIRD-PARTY CLAIMS.
Last but not least, BADI reserves the right to freely assign spaces, sections or pages of the Platform, even interspersed with the contents of the User, for the inclusion of contents for advertising or promotional purposes or that are subject to sponsorship, without the obligation to obtain the consent of the Users in this regard.
1.5. How to contact BADI and how BADI may send communications to You
Please note that You can reach us:
- For general information, technical issues and/or any additional questions, please contact Badi Customer Support services at the following email address: email@example.com
- For reservations, payments and/or any additional questions, please contact Badi Customer Support services at the following email address: firstname.lastname@example.org
- For any safety and/or security issues, please contact Badi Customer Support services at the following email address: email@example.com
Please note that our Customer Support Services are available: 9.00 to 18.00 CET Monday to Sunday except Fridays 8.00 to 18.00 CET.
Additionally, You agree that BADI and/or its subcontractors may contact You or provide notices and messages to You either within the BADI Platform, or by sending them to the contact information that You provided upon registering in BADI Platform in relation to your use of the BADI Platform. In this regard, You expressly agree to keep such contact information up to date at all times. In particular, note BADI will be entitled to (i) cancel any booking if Lister does not answer to Badi Customer Support team approaches 48 hours before the Move-in Date; and (ii) block the User account/cancel the existing booking when, due to well-founded suspicions of a fraudulent activity, the Badi Customer Support has sent a relevant communication to Users (both Listers and Seekers) without any reply to Badi.
In case of discrepancies, please note this Agreement prevails over any information contained in the communications you may have with BADI.
2 YOUR OBLIGATIONS
2.1. Platform Eligibility and Platform Acceptable Use Policy
(i) You expressly AGREE AND WARRANT THAT:
- You are 18 years old or older;
- You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws, and regulatory requirements;
- You will create only one account which will be under your real name;
- You will provide BADI only with data that is truthful, accurate and complete and You will bear the responsibility of updating the information supplied, in such a way that reflects the real situation both about You and about the premises;
- You will not disclose whatever information that were defamatory, libelous, obscene, threatening, xenophobic, inciting violence, inciting discrimination on grounds of sex, race, ideology or religion or in any manner prejudicial to morality, public order, fundamental rights, civil rights, honor, privacy or image of third parties and, in general, the applicable regulation;
- You will not disclose data relating to your account nor You will make it available to third parties and You will be solely responsible in the event of use of such data by third parties;
- You will immediately inform BADI about the subtraction, disclosure or loss of your user name and/or password;
- You have the legal right to lease/sublease the advertised Premises or You have the legal right to enter into a lease/sublease agreement as the lessee of the advertised Premises, and there is no impediment to lease/sublease such Premises;
- You have not been restricted by BADI in the past from using the BADI Platform; and
- You will only post Content that is in accordance with BADI quality requirements, this is:
Unless expressly allowed by BADI, it is only possible to list one listing per room avoiding duplicities;
Visuals that only include the room and neither people nor personal items;
Descriptions that only refer to the real physical conditions of the Premises (including its availability);
Information that does not induce other Users to circumvent the use of the BADI Platform or execute a Booking Request by other means than BADI Platform itself (such as telephone numbers and email addresses);
Information that only reflect accurate rental prices;
Heading information about the Premises that reflect the same conditions of the Content published in the Listing. In case of discrepancies between heading information and the Content published in the Listing, the information contained in the description will prevail;
Information that is within the limits of a real estate transaction and based on the offering of Premises for accommodation purposes in exchange for a rent.
Please note that any acts or omissions contravening the above will constitute a violation of the Agreement and, therefore, such acts or omissions shall entitle BADI to suspend, ban or cancel your account and to take the appropriate legal actions.
Users will be responsible for the inaccuracy or lack of veracity of the information provided. In the event that the User provides any false, inaccurate or incomplete information or if BADI considers that there are reasonable grounds for doubting the veracity, correctness and completeness thereof, BADI may deny You the present and future access and use of the BADI Platform or any of its contents and/or services. BADI cannot guarantee the identity of registered users, therefore it will not be responsible for the use of the identity of a User registered by non-registered third parties.
Users are fully responsible for the access and correct use of their profile and other contents of the Platform subject to current local, regional, state or national legality, as well as principles of good faith, morality, good manners and public order. And specifically, they commit to diligently observe the present General Terms and Conditions of Use.
(ii) You expressly AGREE AND WARRANT THAT YOU WILL NOT:
- Use the Platform for illegal or unauthorized purposes;
- Host, store, divulge, publish, distribute or share any content that may imply an illegitimate interference or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties and, especially, age;
- Post on the BADI Platform or profile or that of another User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to public morality or order;
- Alter or modify, copy, decompile, disassemble, do reverse engineering, grant licenses, lease, sell or imitate, totally or partially, the BADI Platform, bypassing, deactivating or manipulating any other functions or services thereof;
- Infringe on industrial and intellectual property rights or the norms regulating the protection of personal data;
- Use the BADI Platform to insult, defame, intimidate, violate the image itself or harass other Users;
- Access the email accounts of other Users;
- Introduce computer viruses, defective files, or any other software that may cause damage or alterations in the contents or systems of BADI or third parties;
- Send emails with a massive and/or repetitive nature to a plurality of people, nor send email addresses of third parties without their consent;
- Carry out publicity actions of goods or services without the previous consent of BADI;
- Impair or damage the reputation of BADI;
- Distribute, make available or otherwise communicate publicly, transform or modify any content or benefit from it without the prior authorization of the legitimate right holders; and
- Use the BADI Platform for any other purposes than the rental of Premises through the BADI Platform, such as circumventing the Platform Booking Policies by externally completing the booking or contacting Users in order to induce them to either advertise their Premises or breach the Agreement or any of its provisions.
Users shall refrain from using their profile and the rest of the contents of the BADI Platform for illicit purposes or effects that are detrimental to the rights and interests of third parties, or that in any way can damage, disable, affect or impair BADI Platform, its content, and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users and You are responsible for anything that happens through your account unless You close it or report misuse.
BADI will not be held responsible for publishing, and expressly declares that it does not identify with any of the opinions that may be issued by the Users of the BADI Platform, who assume all the consequences for any comments they may issue.
Those who fail to comply with such obligations will be liable for any damages or harm they may cause. BADI shall not be held liable for any consequences, damages or losses that may arise from such access or use by third parties. Indeed, You agree to indemnify and hold harmless BADI and its directors officers, employees and collaborators in respect of all claims, liabilities, damages, losses and expenses which are connected with:
(i) the breach of the Agreement;
(ii) the improper use of BADI Platform; and/or
(iii) the breach of any applicable laws or regulations, specially those applicable pursuant to the location of the Premises.
Any User may report another User when he believes that he is in breach of the Agreement, and all Users may inform BADI of any abuse or violation, through the email firstname.lastname@example.org. BADI shall verify the reported information as soon as possible and shall take such action as it deems appropriate, reserving the right to withdraw and/or suspend any User of the BADI Platform for breach of the Agreement. BADI also reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.
If necessary, BADI will provide the police, security forces and bodies and/or other competent authorities with the pertinent information to understand whether the User’s activity may constitute a crime or an offence.
2.2. Registration and Booking Policy
In order to be a User of BADI Platform, the following requirements must be met by the User:
- Fill out the mandatory fields of the registration form, which ask for personal information such as name, surname, telephone number and others;
- Expressly accept these General Terms and Conditions of Use;
- Expressly accept Cookies Policy.
2.2.2. Booking Policy
18.104.22.168. Contracting parties
This Booking Policy regulates the relationship between Lister and the Seeker through BADI Platform only with regards to the functioning of BADI Booking System, notwithstanding the subsequent conditions agreed upon by the parties in the private Lease.
As a precondition for using BADI Booking System, both the Lister as well as the Seeker represent and warrant that they:
- are of legal age;
- are fully capable of advertising and renting the Premises;
- have complied and will comply with applicable national, regional and local laws and regulations, pursuant to the place in which the Premises are located;
- have read, understood and fully accept the Agreement.
22.214.171.124. Formalizing bookings through BADI Booking System
Pursuant to applicable regulations on electronic commerce, we kindly provide You with the details of BADI Booking System, in particular:
- Necessary steps in order to complete a Booking;
- Confirmation means that will be sent to You in order to formally acknowledge that the Booking has been successful; and
- Available means to amend any mistakes in the information provided.
Users—Listers as well as Seekers—must sign up and obtain a User Account, subject to the Agreement, and enter the information indicated below.
- Full name;
- Billing address;
- Valid payment information; and
- When applicable, ID/VAT number.
- Full name;
- Billing address;
- Valid payment information; and
- When applicable, ID/VAT number.
Once the User Account is obtained, the Lister can upload the necessary information of the Premises, this is:
- Visuals of the Premises;
- Availability period;
- Description of the Premises; a
- Amenities, appliances or services included;
- Monthly rent; and
BADI Platform allows Users to exchange information through the use of BADI Inbox and the following sequence of actions might follow:
- The Seeker may send a Booking Request either through the inbox or through a Listing to the Lister and the Lister may accept or decline such request; or
- The Lister may send a Booking Request either through the inbox or through recommendations suggested by BADI to the Lister and the Seeker may accept or reject such request.
Please note that Users can send as many Booking Requests as they want. However, the acceptance of one of them will automatically cancel the remaining pending Booking Requests.
In case a Booking Request is sent either by the Lister or by the Seeker, BADI will send a Booking Proposal to the other party, who will have 72 hours to accept or decline the Booking. If, after 72 hours, BADI has not received a response, BADI will consider the Booking Proposal expired.
In the event that the Booking Proposal is accepted, BADI will confirm the details of the Booking with both the Seeker and the Lister via email and SMS. In addition, this information will appear in the corresponding section within the respective User Account.
If the Booking confirmation message sent by BADI contains an error or the User is for any reason not compliant with the information, the User should proceed to inform BADI of the reasons they believe there to be an error.
126.96.36.199. Rental Prices and Taxes
Users freely determine rental prices, and Listers can modify them at their convenience PRIOR to sending a Booking Request to any Seeker. Please note that once the Seeker accepts a booking correctly, and the Lister confirms it, the price determined by the Lister—both of the booking and monthly rental sum—cannot be modified. BADI does not recommend prices to its customers. Under no circumstances, the Lister may request the Seeker for intermediary fees unless allowed by applicable regulations where the premises are located and explicitly stated by the Lister in the listing description.
BADI is not in any way liable for taxes arising out of or derived from any such Leases. Therefore, Users are the sole responsible for the tax, any other obligations arising from the Lease, as well as any charges or encumbrances or contractual or extracontractual liability arising in connection with the lease and the relationship established between the Users, and Users expressly agree to hold BADI harmless in this regard. Indeed, Users are solely responsible for compliance with local, regional, state or national laws that are applicable in each case.
188.8.131.52. BADI Service Fees
Upon acceptance of a Booking Request, BADI will provide detailed information about BADI Fee amounts. Please note that fees might not be applicable depending on the location of the Premises. Therefore, we kindly invite you to check the information icon appearing next to the payment breakdown appearing before the confirmation of a Booking Request.
Users will be duly informed about BADI Fee amounts before accepting the Booking Request.
Users expressly authorize BADI to charge such fees as follows:
- Regarding the Seekers Fees: upon confirmation of the Booking Request, together with the First Transfer amount paid by Seeker and, in the event of cancellation, in accordance with the cancellation policy provisions in section 184.108.40.206. below.
- Regarding the Listers Fees: upon a 48 hours period from the Move-in Date and, in the event of cancellation, in accordance with the cancellation policy provisions in section e. below.
220.127.116.11. Lister and Seeker Responsibilities
After the Seeker or the Lister accepts the Booking Request and BADI has sent the Booking Confirmation to both the Seeker and the Lister, including the contact information of both parties, it is the responsibility of the Lister to provide any additional instructions to the Seeker about his move into the Premises for which purposes Badi Customer Support team may contact the Lister. In the event that the Lister does not reply to said communications within 48 hours, BADI will understand that the Lister has cancelled the booking, being applicable the Cancellation Policy provided for in Clause 2.4. The Lister must provide such instructions at least 48 hours before the Move-in Date.
The Lister guarantees that the Premises booked by the Seeker are in reasonable conditions with regard to its livability and, in particular, the Lister guarantees that the characteristics of the Premises and terms related to the price of the Lease are in accordance to those that were published in the Listing of the Premises, as well as that no additional cost or charges are applicable in detriment of the Seeker. The Lister also guarantees that the Premises count with an occupancy certificate (or any additional necessary documentation or certificate) issued by the corresponding competent authorities, in accordance with the applicable regulations. In addition, the Lister guarantees that any applicable ground rules or code of conduct to which the Seeker is required to adhere to are explicitly stated in the Listing and they are brought in due course to the Seeker’s attention before the Move-in Date.
The Seeker guarantees that the information provided about himself/herself is accurate and that it includes any circumstances applicable to him/her that might be relevant for the Lister or should be considered by the Lister (such as, the need to climb stairs, or the presence of pet(s) on Premises).
In certain circumstances, BADI may decide, in its sole discretion, that an agreement in writing by the Lister and the Seeker constitutes valid evidence and/ or supporting documentation in order to decide the outcome of a dispute regarding Badi’s Cancellation Policy between the Users.
If You use BADI Platform, You agree to pay BADI the applicable BADI Service Fees, BADI Cancellation Penalty and Taxes or expenses that You might be obliged to pay according to the applicable regulations. All prices are indicated in the currency where the room is located and might be increased by any applicable taxes, such as VAT.
Please note that any failure to pay any of the above BADI Fees will constitute a breach of the Agreement and it will entitle BADI to take the appropriate legal actions.
You also agree that:
(i) The payment for your Booking may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
(ii) We may calculate Taxes payable by You based on the billing information that You provide us at the time of purchase.
(iii) You will assume any Taxes and obligations arising from the BADI services provided that the competent authorities may require or that are established in the regulations in force.
Payment processing services for BADI are provided by Stripe Technology Europe, Limited (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using the BADI Platform or BADI Services, You agree that:
- Payments between Listers and Seekers are processed through Stripe as a payment service provider.
- Any Fees and Cancellation Penalty amount to be paid to BADI by the Users shall be processed through Stripe as payment service provider, either (a) by deducting such amount from the sum to be paid to the Lister or the Seeker; (b) by debiting the relevant amount from the credit card provided by the Lister or the Seeker; or (c) by a bank transfer to be executed in favor of BADI as the case may be.
As a condition for Stripe to be able to process the payments mentioned above, You agree to provide BADI accurate and complete information about You and your business, and You authorize BADI to share it and transaction information related to your use of the payment processing services provided by Stripe.
BADI shall not be liable for any damage or loss attributable to Stripe.
2.4. Cancellation Policy
Users expressly consent and acknowledge that they will lose the withdrawal right set forth once a distance and off-premises agreement has been fully performed by the trader.
As previously indicated in section above, BADI services are considered completed when booking is confirmed and, subsequently, no withdrawal right may be exercised by the User after such confirmation has taken place.
2.4.1. Cancellation due to Compliance Violations
During the Move-in Date:
(i) the Seeker can inform BADI about any aspect of the Premises that he considers a Compliance Violation, as well as notify BADI about any aspects of the Premises that are not truthfully explained or represented on the Listing, by sending an email to email@example.com, including the Booking ID number and attaching required visual evidence (photos and/or videos).
(ii) both the Lister and the Seeker can inform BADI about any aspect of the Seeker/Lister, respectively, that they consider a Compliance Violation, by sending an email to firstname.lastname@example.org, including the Booking ID number and supporting evidence.
Once BADI team has received the email, at their own discretion, they will verify and evaluate the situation. In the event that, after revision by BADI team, a Compliance Violation is found, the following will apply:
- If the cancellation is due to circumstances included on item (i) above, BADI will charge BADI’s Lister Fees and will also charge the Lister a BADI Cancellation Penalty equal to 100% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse the full amount corresponding to the First Transfer and BADI’s Seeker Fees to the Seeker.
- If the cancellation is due to circumstances included on item (ii) above:
- Compliance violation by the Lister: BADI will charge BADI’s Lister fee and will also charge the Lister a BADI Cancellation Penalty equal to 100% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse the full amount corresponding to the BADI Seeker fees and First Transfer to the Seeker; or
- Compliance violation by the Seeker: BADI will charge BADI’s Seeker fees and will also retain the full amount corresponding to the First Transfer as BADI Cancellation Penalty which will be transferred to the Lister, whereas BADI will reimburse the full amount of the Lister’s Fees.
2.4.2. Cancellation by the Lister
The Lister can send a cancellation request to Badi Customer Services in order to cancel any Booking without any penalty if such cancellation takes place within 15 days or a longer period before the Move-in Date and the Lister duly informs BADI about such cancellation by email.
If the Lister cancels:
a. 15 or more days before the Move-in Date, BADI will reimburse the Seeker’s fees as well as the First Transfer to the Seeker, provided that Seeker is in compliance;
b. 14 or less days or earlier before the Move-in Date, BADI will charge BADI’s Lister fee and will also charge the Lister a BADI Cancellation Penalty for an amount equal to 25% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse to Seeker the full amount corresponding to the First Transfer and BADI’s Seeker fees, provided that Seeker is in compliance; and
c. 6 days or earlier before the Move-in Date, BADI will charge BADI’s Lister fee and will also charge the Lister a BADI Cancellation Penalty an amount equal to 50% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse to Seeker the full amount corresponding to the First Transfer and BADI’s Seeker fees, provided that Seeker is in compliance.
The Lister expressly agrees to pay the above-mentioned amounts and accepts that BADI will send a payment request which shall be payable by the Lister within 30 days.
Extenuating Circumstances for Cancellations by the Lister
In the event that the Lister sends a cancellation request to Badi Customer Services in order to cancel an accepted booking due to an extenuating Circumstance reason as indicated below, BADI may waive the Cancellation Policy in the terms set out below.
Please note that the following are the only Extenuating Circumstances that BADI may consider:
- Serious injury, illness or death of the Lister;
- Serious injury, illness or death of a first or second degree relative, a minor or handicapped person which the Lister is the legal guardian or primary substitution.
- Death of a third degree relative;
- Serious damage to the accommodation; and/or
- Official declaration of disaster zone in the city where the accommodation is located.
Additionally, please note that this waiver may only be applied by BADI if the following conditions are met:
- The Lister contacts BADI customer support as soon as possible; and
- BADI provides the Lister with a 7 days period to send the appropriate supporting documents to BADI customer support which at the sole discretion of BADI are considered sufficient.
2.4.3. Cancellation by the Seeker
The Seeker can send a cancellation request to Badi Customer Services in order to cancel any Booking without any penalty if such cancellation takes place within 15 days or a longer period before the Move-in Date and the Seeker duly informs BADI about such cancellation by email.
If the Seeker cancels:
a. 15 or more days before the Move-in Date, BADI will reimburse the Seeker’s fees as well as the First Transfer to the Seeker;
b. 14 days or less earlier before the Move-in Date, BADI will reimburse BADI’s Seeker fee and will retain an amount equal to 50% of the First Transfer as BADI Cancellation Penalty, which will be transferred to the Lister and BADI will reimburse the Seeker the remaining 50% of the First Transfer; and
c. 6 days or earlier before the Move-in Date, BADI will retain BADI’s Seeker fee and will also retain an amount equal to 100% of the First Transfer as BADI Cancellation Penalty, which will be transferred to the Lister.
Extenuating circumstances for cancellations by the Seeker
In the event that the Seeker sends a cancellation request to Badi Customer Services in order to cancel an accepted booking due to an extenuating Circumstance reason as indicated below, BADI may waive the Cancellation Policy.
Please note that the following are the only Extenuating Circumstances that BADI may consider:
- Serious injury, illness or death of the Seeker;
- Serious injury, illness or death of a first or second degree relative, a minor or handicapped person which the Seeker is the legal guardian or primary substitution;
- Death of a third degree relative;
- Lost of employment by the Seeker, after the booking was confirmed;
- New employment by the Seeker in a new company where work location is in a different city to the reservation, after the booking was confirmed;
- Extension of employment contract by the Seeker where the work location is different from the city to the reservation, after booking was confirmed;
- Mandatory transfer for employment of the Seeker where the work location is a different city from the booking, after the booking was confirmed;
- Official declaration of disaster zone in the city where the accommodation is located; and
- Unexpected visa denial for unjustified reasons and, not cause either directly or indirectly by the Seekers acts or omissions, which restrict the Seeker from relocating to the city where the accommodation is located.
Additionally, please note that this waiver may only be applied by BADI if the following conditions are met:
- The Seeker contacts BADI customer support as soon as possible; and
- The Seeker, within a period of 7 days, provides appropriate supporting documents to BADI customer support which at the sole discretion of BADI are considered sufficient.
2.4.4. Cancellation by BADI
In certain circumstances, BADI may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for Extenuating Circumstances or (i) where BADI believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to BADI, other Users, third parties or property, or (ii) for any of the reasons set out in this Agreement.
2.5. Other services provided by BADI
BADI Guarantees are an additional BADI Service that BADI may, in its discretion, offer its Users provided that all the relevant conditions indicated hereinafter are properly met and duly documented. Therefore, such guarantees do not require any opt-in or selection from your side.
BADI reserves the right to modify or withdraw this policy at any time and at its sole discretion.
BADI guarantees will be based on the length of the stay indicated on the Booking Confirmation sent to Lister and Seeker by BADI and, if the length of the stay is indicated as undefined by the Users, the guarantees will apply for a period of thirty two (32) days.
2.5.1. Other services provided to Listers
In the event that the Seeker deliberately causes damages to the Premises during their stay and the repair costs exceeds the deposit privately agreed between Lister and Seeker, BADI may provide coverage up to the value of 400€ at the company’s discretion if the following requirements are met:
The Lister must contact BADI customer support within 48h from the date the damage was caused, accompanied with the following supporting documentation:
- Photographs or videos of the damages;
- Copy of the Lease agreement; and
- Copy of the deposit receipt to be issued and duly stamped by a bank entity.
BADI customer support will then open a ticket (i.e. a file) regarding your case for investigation and BADI will contact the Seeker for further verification. Additionally, within seven calendar days after notifying BADI customer support, the Lister must send the receipts corresponding to the repairs undertaken.
BADI customer support reserves the right to contact any relevant party to verify the information submitted by both the Lister and the Seeker.
The guarantee will only cover the damage area or object and not the labour costs, transportation or taxes (VAT) and please note that the following items will be excluded from the guarantee:
- Pieces of art;
- Money; and/or
- Personal objects (e.g. computers, tablets, wallets, watches, shoes, clothes, etc)
Additionally, Badi guarantees will not cover damages due to normal wear and tear.
18.104.22.168. Early departure or non-payment by the Seeker
In the event that the Seeker leaves the Premises before the agreed Move-out Date without having paid the outstanding amount to such Move-out Date to the Lister and the agreed deposit amount privately agreed between Lister and Seeker does not cover said amount, BADI may pay the Lister the outstanding amount equal to up to 30 days rent from the date the Seeker left the accommodation according to the rental price indicated in the Booking Confirmation sent by Badi to both Seeker and Lister.
Please note that such guarantee may only be applicable provided the following conditions are met:
The lister must contact BADI customer support within 48h from the date the Seeker left the Premises, accompanied with the following supporting documentation:
- Copy of the privately signed Lease agreement, in which the agreed Move-out Date must be stated; and
- Copy of the deposit receipt to be issued and duly stamped by a bank entity.
BADI customer support will then open a ticket (i.e. a file) regarding your case for further investigation and will contact the Seeker to confirm the departure date.
If the investigation ends with a positive result, BADI will re-publish the Listing to help the Lister on finding a new Seeker as soon as possible.
Please note that this guarantee will exclusively be applied if the following conditions are met:
- the deposit paid from the Seeker is insufficient to cover the amount corresponding to the rental price of the next 30 days from the Seeker’s departure date;
- the Lister does not unreasonably decline the publication by BADI of the Premises in order to find a new Seeker; and
- The Lister does not unreasonably decline a Seeker interested in the Premises.
In the event that a new Seeker moves-in within this 30-days period, BADI may only pay the Lister the amount corresponding to the days the accommodation was effectively empty.
2.5.2. Other services provided to Seekers
22.214.171.124. Last minute cancellations
In the event that the Lister submits a cancellation request of an accepted booking less than 48h in advance to the Move-in Date, BADI will provide the Seeker with all the support needed to find a new accommodation.
2.6. Mobile application
You acknowledge and agree that the availability of the BADI mobile application is dependent on the third party stores from which You download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which You must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use the BADI application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
This Agreement applies to your use of all the BADI Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
(a) Both You and BADI acknowledge that the Terms are concluded between You and BADI only, and not with Apple, and that Apple is not responsible for the BADI Platform or the content therein;
(b) The BADI Platform is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the BADI Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the BADI Services;
(c) You will only use the BADI Platform in connection with an Apple device that You own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application;
(f) You acknowledge and agree that BADI, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the BADI Platform;
(g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the BADI Platform infringes that third party’s intellectual property rights, BADI, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both You and BADI acknowledge and agree that, in your use of the BADI Platform, You will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
(j) Both You and BADI acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third-party beneficiary hereof.
3 YOUR RIGHTS
3.1. License to BADI regarding your content
As between You and BADI, You own the content and information that You submit or post, and You are granting BADI a worldwide non-exclusive license to use, copy, modify, distribute, publish, and process, information and content that You provide through BADI Platform, without any further notice and/or compensation to You or others.
Therefore, You agree to only provide content or information that does not violate the law or anyone’s rights (including intellectual property rights). You will be solely responsible for the content and information you provide and You will hold BADI harmless from any claim regarding such content or information.
Please note that BADI may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change or discontinue any of our Services. Therefore, BADI does not warrant to store or keep showing any information and content that You may have posted.
BADI reserves the right to restrict, suspend, or terminate your account in its sole discretion, and without any prior notice, for any reason, including if BADI believes that You may be in breach of the Agreement or any applicable national, regional or local law or regulation.
3.4. Intellectual Property Rights
BADI is the owner or licensee of all the intellectual and industrial property rights included in BADI Platform as well as the contents accessible through it. The intellectual property rights of the BADI Platform, as well as: texts, images, graphic design, navigation structure, information and contents that are collected in it are the property of BADI, including the exclusive right to exercise or exploit the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with all applicable legislation on intellectual and industrial property rights.
The User’s authorization for access to the BADI Platform does not imply a waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by BADI. It is not permissible to delete, circumvent or manipulate in any way the contents of the BADI Platform. It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or later publications, upload files, mail, transmit, use, treat or distribute in any way all or part of the contents included in BADI Platform for public or commercial purposes, if You do not have the express written permission of BADI or, where appropriate, the holder of the rights to which it pertains.
The software licensed and/or developed by and for BADI is protected by the national and international regulations in force in the field of intellectual and industrial property rights.
The User who proceeds to share any type of content through BADI Platform, shall ensure to hold the rights necessary to do so, exempting BADI of any responsibility on the content and legality of the information offered.
BADI expressly prohibits the realization of “framing” or the use by third parties of any other mechanisms that alter the design, original configuration or contents of the BADI Platform.
Users and, in general, those persons who propose to establish a link or hyperlink (hereinafter, the “link”) between their web site and the platform must fulfil the following conditions:
- The link will only allow access to the BADI Platform in the manner set up by the API which BADI will make available;
- The link will not be able to reproduce the appearance or contents of the BADI Platform;
- No false, inaccurate or incorrect statements or indications will be made about BADI, its directors, its employees, or its collaborators;
- It will not be declared or implied that BADI has authorized the link or has supervised or assumed in any way the services offered by the third operator who establishes the link on its website, platform or system;
- Except for those signs that are part of the same link, the website, Platform or system in which it is established it will not contain any brand, trade name, denomination, logo, slogan or other distinctive signs pertaining to BADI;
- It shall not contain any content contrary or invidious to the rights of privacy or publicity or of any other rights of third parties;
- It shall contain no illicit, obscene, pornographic, indecent information or content, which is in any way subject to public safety or generally accepted good manners;
- It shall not will, incite or promote criminal, slanderous, defamatory, infamous, abusive, threatening, violent or, in general, contrary to law and public order or will, incite or promote actions, attitudes or discriminatory thoughts on the basis of race, gender, sexual identity, age, religion, belief, opinion, nationality, disability, or any other personal or social circumstance or condition.
The establishment of the link does not imply in any case the existence of relations between BADI and the owner of the website, platform or system in which it is established, neither the acceptance and approval by BADI of its contents implies any acceptance of responsibility for the quality, legality, reliability and/or usefulness of those other websites to which it is possible to accede through hyperlinks.
BADI is exonerated of all responsibility for the correct functioning of such links, the results obtained through them, the veracity and lawfulness of the content or information that can be accessed, as well as the damages that the user may suffer by virtue of the information found in the websites so linked.
3.5. Processing of the information
4 BADI’S DISCLAIMER AND LIMIT OF LIABILITY
4.1. No Warranty
BADI and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (BADI and all such parties together, the “BADI Parties”) make no representations or warranties concerning BADI Platform, including without limitation regarding any content contained in or accessed through the BADI Platform, and the BADI Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the BADI Platform or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the BADI Platform. The BADI Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the BADI Platform.
TO THE EXTENT ALLOWED BY LAW, THE BADI PARTIES:
(i) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(ii) DO NOT GUARANTEE THAT BADI PLATFORM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND
(iii) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
In the event that some applicable laws do not allow some of the above-mentioned disclaimers, please note that those disclaimers may not apply to You.
4.2. Exclusion of Liability
The User is solely responsible for having the necessary services and equipment for browsing the internet and for accessing BADI Platform. In case of any incident or difficulties to access the BADI Platform, the User can inform BADI to the email email@example.com, who will proceed to analyse the incident and give the User instructions on how to resolve it in the shortest possible time.
BADI does not control and is not responsible for the content discharged by Users through the BADI Platform, who are solely responsible for the legal adequacy of said contents. In particular, BADI excludes any liability for damages of any nature whatsoever derived, some examples of this include:
- The disruption to, or the lack of availability of, the BADI Platform;
- The violation of the User’s privacy and/or the impersonation of their identity by third parties;
- The possible transmission of elements that adversely affect the computer systems of the User;
- The accuracy, completeness and timely updating of the content hosted on the BADI Platform; and
- The accuracy, integrity or quality of the material generated and/or transmitted by, or for, the User.
The User is solely responsible for infractions that may be incurred or any damages that may be caused by the use of the BADI Platform, LEAVING BADI, ITS PARTNERS, COLLABORATORS, EMPLOYEES AND REPRESENTATIVES EXONERATED OF ANY KIND OF RESPONSIBILITY THAT COULD BE DERIVED BY THE ACTIONS OF THE USER.
THE USER IS SOLELY RESPONSIBLE FOR ANY CLAIM OR LEGAL ACTION, JUDICIAL OR EXTRAJUDICIAL, INITIATED BY THIRD PARTIES AGAINST BADI BASED ON THE USE BY THE USER OF THE BADI PLATFORM. IN THIS CASE, THE USER WILL ASSUME ALL EXPENSES, COSTS AND INDEMNITIES TO BE TRANSFERRED TO BADI DUE TO SUCH CLAIMS OR LEGAL ACTIONS.
BADI HAS NO OBLIGATION TO CONTROL AND DOES NOT CONTROL USERS’ USE OF THE BADI PLATFORM AND, THEREFORE, DOES NOT GUARANTEE THE USERS USE THE BADI PLATFORM IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT, NOR THAT THEY MAKE A DILIGENT AND/OR PRUDENT USE OF IT.
BADI is excluded for any liability for damages of any nature that may be due to the illicit use of the BADI Platform by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any nature that may be due to the impersonation of the personality of a third party’s personality by a User in any kind of communication performed through the BADI Platform.
BADI shall not be liable for any damage or loss attributable to Stripe
Notwithstanding the previous statement, BADI reserves the right to limit, in whole or in part, access to the BADI Platform for certain Users, as well as to cancel, suspend, block or eliminate certain type of contents, by means of the use of technological instruments suitable for the effect, if they had knowledge that the activity or information stored is illegal or that it damages property or rights of a third party. In this regard, BADI will be able to establish the necessary filters in order to avoid illicit or harmful contents in the network.
TO THE EXTENT PERMITTED BY LAW, UNDER ALL CIRCUMSTANCES, BADI AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL BADI BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, FOR ANY AGGREGATE DAMAGES IN EXCESS OF THE AMOUNTS PAID TO BADI HEREUNDER WITH RESPECT TO THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, EVEN IF BADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may terminate the Agreement at any time without notice to BADI. On termination, You lose the right to access or use BADI Platform. However, any outstanding obligations and amounts owed by you or BADI prior to termination shall survive termination.
6 GENERAL TERMS
If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected.
Additionally, if any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.
6.2. Entire agreement
You and BADI agree that the Agreement constitutes the entire agreement between You and BADI and supersedes all previous agreements, understandings and arrangements between You and BADI regarding the subject matter herein, whether in writing or oral.
Each party acknowledges that it has not entered into the Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Agreement. You shall have no claim for innocent or negligent misrepresentation on the basis of any statement in the Agreement.
Nothing in the Agreement purports to limit or exclude any liability of BADI for fraud.
6.3. No waiver
No failure, delay or omission by BADI in exercising any right, power or remedy provided by law or under the Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. Therefore, a waiver of any term, provision, condition or breach of the Agreement shall only be effective if given in writing and signed, and only to be applicable in the instance and for the purpose for which it is given.
6.4. No assignment
The User may not assign any rights or obligations under the Agreement. However, BADI may assign, subcontract or encumber any right or obligation under the Agreement, in whole or in part, without the User’s prior consent. Indeed, BADI may perform any of its obligations and exercise any of its rights granted under the Agreement through any affiliate.
The Agreement does not create any third-party beneficiary rights and, therefore, no third party to the Agreement has the right to enforce any of its terms.
6.5. Legal notices
Notices to You may be given and are deemed received by means of the email address provided during Your registration to BADI Platform.
7 GOVERNING LAW AND DISPUTE RESOLUTION
You and BADI agree that the laws of the Kingdom of Spain, excluding conflict of laws rules, shall govern any dispute relating to the Agreement, unless mandatory consumer law provisions dictate otherwise. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Nevertheless, please note that BADI will use its best efforts to try to resolve any disputes with You in a friendly, prompt and efficient manner, for which we kindly ask You to contact us as soon as possible at firstname.lastname@example.org
However, if You are unhappy with BADI Platform and You would like to issue court proceedings, by means of the Agreement You and BADI agree to submit any disputes to the courts of Barcelona (Spain), which will have exclusive jurisdiction in relation to the Agreement, unless mandatory consumer law provisions dictate otherwise.
If You have the status of consumer, the Agreement shall be governed and constructed in accordance with the laws of the Kingdom of Spain, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against BADI. You may also submit any dispute arising from or related to the Agreement to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.