Terms & Conditions

1. About us

1.1 Company details. Project X Advertising trading as “Bambuuu” (company number 10111041 (Bambuuu, we and us) is a company registered in England and Wales.
1.2 Contacting us. You can contact our customer service team by e-mail at info@bambuuu.com or contacting us using the contact form through our website www.bambuuu.com. How to give us formal notice of any matter under these Terms is set out in clause 17.2.

2. Our agreement with you

2.1 Our contract. These terms and conditions (Terms) apply to Services provided by us to you (Contract).
2.2 Entire agreement. These Terms are the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.

3. The Bambuuu Services

3.1 We will provide you with the ability to design and format your own bespoke social media campaign (“Campaign”) via our custom-built strategy builder. We will then use the strategy to run your Campaigns via third party social media platforms (each a “Platform”) and together (the “Services”).
3.2 Changes to Services. We reserve the right to amend the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
3.3 Reasonable care and skill. The Services will be provided using reasonable care and skill.
3.4 Ordering your Campaign. Please follow the onscreen prompts to design your Campaign. You may design and submit a Campaign by using the method set out on the site. Each submitted Campaign is an offer by you to buy the Services provided by us subject to these Terms. Please note that you will not be able to promote a Campaign via certain Platforms without a pre-existing account with that Platform. We will ask you about which Platform accounts you hold as part of your sign up process.
3.5 Acknowledging receipt of your order. After you place your order for a Campaign, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Campaign will be live from this point.
3.6 We reserve the right to remove any Campaign from a Platform if it breaches any of the obligations under this Agreement or breaks any applicable Platform terms.
3.7 We are not responsible for the content you provide as part of a Campaign and we will not verify your content in line with any applicable Platform Terms before a Campaign is launched. It is your responsibility to ensure that any obligations in these Terms or applicable Platform Terms have been met before launching your Campaign or when a Campaign is live.

4. Making changes to your Campaign

4.1 Once you have submitted your Order for a Campaign we will then consider this Campaign as submitted and ready to go live on a requested Platform.
4.2 You can make as many changes as you need before a Campaign is submitted via the site.
4.3 If you need to make a change to a submitted Campaign due to an error or a change in your service then please contact us via our live support function on the website and we will look to make the necessary changes on your behalf. Please note that we cannot guarantee that any change requests will be actioned once a Campaign has been submitted via the website.

5. Cancelling your Campaign and obtaining a refund

5.1 Please note that once you have submitted a Campaign it cannot be cancelled, paused or removed without our prior written consent.
5.2 Any Campaign may be cancelled without charge if it has been submitted and accepted by us but has not gone live on your requested Platform as yet. However, once a Campaign goes live on any Platform you will not be entitled to any refund for Charges paid in relation to your Campaign including our applicable service fees. Any right of refund will be at our discretion to provide in these instances.
5.3 If you would like to cancel a Campaign, you can reach out to us by email at info@bambuuu.com or contact our Customer Services team via live chat on the Bambuuu website. If you are emailing us please include details of your Campaign to help us to identify it and process your response as soon as possible.

6. Your obligations

6.1 It is your responsibility to ensure that:
  • (a) the descriptions in relation to any image or associated adverts in relation to your Campaign are complete and accurate;
  • (b) you will comply with any applicable Platform terms and conditions as part of a Campaign, including but not limited to:
  • (c) you co-operate with us in all matters relating to the Services;
  • (d) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
  • (e) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Campaign is due to start; and
  • (f) you comply with all applicable laws as part of any Campaign or obligation under these Terms.
6.2 You may not use the Services:
  • (a) for illegal purposes;
  • (b) in a way that we reasonably believe might harm our ability to provide our Services;
  • (c) too provide content which is not permitted under any applicable Platform Terms.
6.3 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
  • (a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination);
  • (b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
  • (c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

7. Charges

7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 8.
7.2 The Charges are the prices quoted on our site at the time you submit your Campaign .
7.3 If you wish to change the scope of the Campaign after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system.
7.5 Our Charges may change from time to time, but changes will not affect any Campaign you have already placed.
7.6 Our Charges are inclusive of VAT.

8. How to pay

8.1 Payment for the Services is in advance. We will take your payment upon acceptance of your Campaign and again in turn prior to the acceptance of any further Campaigns.
8.2 Payment will be in accordance with our acquirer’s terms and conditions which can be found here: https://stripe.com/gb/ssa
8.3 If you fail to make a payment under the Contract, then, we will have the right to suspend our provision of the Services and terminate these Terms in accordance with clause 15.
8.4 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. What if Something goes wrong?

9.1 We might also have to suspend or terminate your account to meet any applicable legal obligations.
9.2 If a problem arises or you are dissatisfied with the Services, you can reach us at info@bambuuu.com.

10. Intellectual property rights

10.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
10.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

11. How we may use your personal information

11.1 We will use any personal information you provide to us to:
  • (a) provide the Services;
  • (b) process your payment for the Services; and
  • (c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
11.2 Further details of how we will process personal information are set out in Privacy Policy

12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
  • (a) death or personal injury caused by negligence; and
  • (b) fraud or fraudulent misrepresentation.
12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
  • (a) loss of profits;
  • (b) loss of sales or business;
  • (c) loss of agreements or contracts;
  • (d) loss of anticipated savings;
  • (e) loss of use or corruption of software, data or information;
  • (f) loss of or damage to goodwill; and
  • (g) any indirect or consequential loss.
12.3 We will not be liable to you for any:
  • (a) content you provide as a part of a Campaign that breaches these Terms or any applicable Platform Terms; or
  • (b) any other breach of any applicable Platform Terms.
12.4 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid by you in a calendar year.
12.5 This clause 12 will survive termination of the Contract.

13. Confidentiality

13.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.
13.2 We each may disclose the other's confidential information:
  • (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
  • (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

14. Termination

14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
  • (a) you commit a material breach of any term of these Terms;
  • (b) you fail to pay any amount due under these Terms;
  • (c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  • (d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  • (e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  • (a) we will contact you as soon as reasonably possible to notify you; and
  • (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

16. General

16.1 Communications. When we refer to "in writing" in these Terms, this includes email.
16.2 Assignment and transfer.
  • (a) We may assign or transfer our rights and obligations under the Contract to another entity.
  • (b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.4 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.5 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.6 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.7 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.