ALLGEMEINE GESCHÄFTSBEDINGUNGEN (AGB) DER BEAZY UG (HAFTUNGSBESCHRÄNKT)
Unsere Allgemeine Geschäftsbedingungen (AGB) wird ins Deutsche übersetzt, sind aber derzeit leider nur in englischer Sprache verfügbar.
Bei Fragen wenden Sie sich bitte an firstname.lastname@example.org.
1. GENERAL TERMS AND VALIDITY
1.1 Definition of terms
Beazy: refers to Beazy UG (haftungsbeschränkt), or "Beazy", "we", "our", or "us", being the party providing the Service to the Users through the Platform.
Listing: refers to an item (including but not limited to production (video, lights, audio, etc.) equipment, photography equipment, props, automobiles, watercraft, aircraft, drones and other equipment) being rented from a Provider to a Renter or bought from a Seller to a Buyer or to a Location being rented from a Provider to a Renter under these Services.
Location: refers to a property being listed by a Provider on the platform for temporary rentals by a Renter for events, photoshootings, movie productions and film productions.
Platform: refers to all and any website, webpages or systems used to provide the Users the “Services”, including the beazy.co domain and all corresponding subdomains.
Profile: or “User Profile”, refers to the User information visible under a public url on the Platform.
Project: refers to paid or unpaid content production projects requiring either Equipment rentals and/or Location rentals and/or freelancing hiring being posted and advertised on the Platform by Users.
Provider: refers to an individual or a business registering on Beazy and posting Listings, making them available for either rentals or purchase, or “owner” or “seller”.
Rental Period: refers to the period of time during which a Listing is being rented by a Renter from a Provider.
Service: refers to the Platform and any other products or services provided by Beazy to the “Users.” The Services provided through the platform allow:
(a) providers to advertise listings for temporary rentals and for sale as well as locations for temporary rentals,
(b) providers and sellers to communicate with and enter into agreements with other users to borrow or buy listings or rent locations,
(c) renters to pay providers for renting the relevant items or locations,
(d) buyers to pay sellers for buying the relevant items,
(e) users to resolve disputes concerning the hired items,
(f) users to display and showcase their portfolio
(g) users to post projects (“projects advertisers”) and to apply to projects (“applicants”)
Terms: refers to these “Terms of Service”, “Terms”, “Terms and conditions”.
Transaction: refers to the event when a Listing is being rented or sold from one User to another upon their agreements and when the payment is processed through Beazy.
User: refers to “Creative”, “Renter”, “Provider”, “Buyer”, “Seller”, “Customer”, “Client”, “Business”, “Member”, “Community”, “Visitor”, “Guest” and any person who has access to the Beazy Service either as a guest or through an account.
1.2 General Scope
The Service is provided by Beazy UG (haftungsbeschränkt). By using the Service, the User unconditionally and irrevocably agrees to and is bound by these Terms. Beazy is authorized to change the scope of its services and of these Terms or to cease providing the service. These changes are effective immediately after being posted, and we will notice the User by either a notification on the Platform or an email. The continued use of the Service by the User is taken as acceptance of the updated Terms and all legislation and applicable current laws. If the modified Terms are not acceptable to the User, the User has to stop using and accessing the Platform and close their Beazy Account within 14 days. If the User has used the Platform during the intervening 14-day period, the new Terms will apply to the User.
2. PLATFORM USAGE
2.1 Eligibility to Use the Beazy Service
The Platform is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, the User represents and warrants that:
1) they are at least eighteen (18) years old;
2) they can form a binding contract with Beazy and other Users;
3) they submitted accurate and truthful account, registration, identity, and verification information and documents; and
4) they meet all of the foregoing eligibility requirements. If the User does not meet all of these requirements, they must not access or use the Platform.
We have the right to disable any Beazy Account, Profile, username, password or other identifier, whether chosen by the User or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the User has violated any provision of the Terms of Service.
2.2 Account Registration
In order to access certain features of the Platform, the User must register or sign-up to create a Beazy Account, either by providing their email address and creating a password or through a third-party networking account, including Facebook, LinkedIn and Google accounts. After signing up, a User profile is created. If a business display name is used by the User while registering, the User agrees and personally guarantees that they have the authority to bind the entity to this Agreement, and agrees that they, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. The User may not assign or transfer their Beazy Account to another party.
Registering a standard Beazy account is free of charge.
The User promises to update the information and documentation provided to Beazy in the event of any changes to their identity information and documentation, contact information, or background.
2.3 Beazy’s Role
Beazy's responsibilities are limited to:
(i) facilitating the availability of the Platform; and
(ii) serving as the limited payment collection agent of Users for the purpose of accepting payments from the Renter, Buyer, or third-party cardholder and/or bank account holder on behalf of the Owner or Seller, while assessing any applicable transaction fees and costs.
Beazy does not act as an insurer, broker, or as a contracting agent. Any agreement a User enters into with any other User is between these two Users only.
Each Beazy Account is personal to the User and the User must not in any circumstance provide any other person with access to the Platform or portions of it using their username, password or other security information.
Beazy cannot guarantee the trust, accuracy, or legality of Listings, Profiles and Projects and the ability for Renters to rent and pay for Listings, Providers to sell or rent out Listings, Buyers to purchase and pay for Listings, Users to apply to Projects. Beazy cannot ensure that a member will complete a rental or purchase or guarantee the true identity, nationality, and age of a User.
Beazy recommends that the User communicates directly with other Users of the Platform to conduct their own assessment of another User, and we strongly recommend the Users to not transact with another User when they are not comfortable with a potential transaction.
2.4. User Agreements
For any rental or purchase processed on the Beazy Platform, the User understands and agrees that Beazy's terms of service and community rules, in conjunction with their conversation, effectively establishes that a rental took place between both parties, effectively establishing a binding legal agreement between both Users.
2.5. Transaction Fees and Costs
The Usage of the Platform itself is free of charge.
Once a Transaction is processed on Beazy, we process payment from the Renter or Buyer and remit payment to the Provider of the Listing. We may use third-party payment providers to process transactions. A transaction fee of 20% of the total transaction amount which includes VAT (if applicable) is charged by Beazy to the Provider. This transaction fee automatically includes Insurance Coverage for the Listing being rented, following the terms specified in our Insurance Policy (www.beazy.co/insurance). By using the Platform, the User agrees to pay us and receive payment through our payment providers (such as Stripe) to process transactions, and the User agrees to the terms and conditions and privacy policies of our third-party providers.
By providing Beazy with payment credentials and billing information, the User authorizes Beazy and any third-party payment processors and/or service providers used by Beazy, to store their payment credentials (whether it is a personal or business account) and billing information for future use by them, and for future charges for any unpaid balances the User may owe to a Provider, and/or Beazy.
The User authorizes Beazy, or the User and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder have authorized Beazy, to use stored payment credentials and billing information for any unpaid balances of Transaction Costs that include, but are not limited to, rental fees, transaction fees, service fees (Provider service fees), Listing fees, Insurance fees, any amounts owed by the User or the third-party cardholder and/or bank account holder to a Provider, and/or Beazy, and/or amounts that the User or the third-party cardholder and/or bank account holder have reported to any associated chargeback or disputed charge fees.
Beazy will pursue all available methods available under law to collect unpaid balances and any applicable late payment fees.
If Beazy receives a cardholder and/or bank account holder dispute or chargeback for any charges that are owed by the User from their use of the Platform, then the User agrees to immediately remit payment to Beazy for the disputed charge amount. Beazy will respond to any disputes with any information that indicates that the charge was authorized by the User or a third-party cardholder and/or bank account holder.
Any User which also is a Provider agrees that if Beazy is unable to collect any Transaction Costs and funds related to a Listing rental or purchase, including disputed charges, from the Renter or Buyer, the Provider will refund any provider profits or funds that were were transferred to them, or the bank account added on the User’s Beazy Account, directly to Beazy immediately. The Provider also agrees and authorizes Beazy to withdraw funds from the bank account added on their Beazy Account, if necessary to reimburse Beazy for any Transaction Costs and funds related to a Listing rental or purchase that Beazy is unable to collect from the Renter or Buyer.
Providers are responsible for creating their own Listings, and for the accuracy and content of their Listings. Beazy reviews the new Listings before making them available on the Platform, and reserves the right to reject them or delete them if their content is judged irrelevant or inappropriate.
Beazy reserves the right to change the price of a Provider’s Listing to keep reasonable rental prices relative to other listing prices, with the intention to increase the likelihood of rentals.
2.7. Renter Liability
Any modifications to the Rental Period that are not accepted by the Provider are not authorized and may result in Beazy or the Provider pursuing legal action against the Renter.
If the Renter damages, loses, steals, converts, transfers custody and control to a third-party of, and/or fails to return the Provider’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Provider’s Listing, up to the specified limit purchased and/or the Replacement Value of the Listing and/or the deductible amount not covered by the Beazy Insurance Policy (www.beazy.co/insurance) if applicable. Renters are not liable for pre-existing damage or issues with a Provider’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing.
Beazy is not liable for a User’s deceptive or fraudulent acts, voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s deceptive or fraudulent acts and a User’s use of Beazy.co, but Beazy will completely cooperate with the investigation and produce information about the incident and parties involved.
Beazy disclaims any and all liability related to any and all profiles, transactions, purchases, user-to-user communications, and listings. Any rentals or purchases will be made at the user’s own risk. While Beazy will expect a User or a related third-party to make reasonable efforts to return any property they may receive that does not belong to them, Beazy will not be liable for any losses to such property, the liability for the use of the Platform as merely and intermediary is excluded and for any damage the limit of liability is EUR 30,000.
2.8. Insurance Policy & Liability under these Services
Disclaimer: Beazy is not an insurance provider, broker, or agent. Beazy is not licensed in any country to be an insurance provider, broker, or agent.
Currently, Beazy does not provide insurance or any other kind of coverage for automobiles. By renting automobiles, as a Renter, the User understands and agrees that they must have adequate and applicable insurance for rental of automobiles. Further, by renting automobiles, they agree to provide the Provider with an insurance certificate, that confirms their adequate and applicable insurance for rental of spaces and/or automobiles. Beazy can not provide claim processing support or dispute resolution for the rental of automobiles.
To be covered by our insurance coverage policy the User must adhere to this insurance coverage procedure and have a domicile or seat within the European Union or European Economic Area. If a damage occurs during a transaction, it must be reported to Beazy within 24 hours after the rental period ends via email (email@example.com).
If an item is stolen from the Renter, then the Renter must report it to Beazy providing a police report as soon as possible. If an item is not returned by a Renter to a Lender, then the Lender must report it to us, providing a police report as soon as possible. We reserve the right to claim under this insurance coverage procedure at our sole discretion. The maximum claim under this insurance coverage procedure is EUR 30,000.
Providers and Renters are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transaction between the Provider and the Renter. Beazy recommends that the User carefully reads and understands any policy documents which may apply to a transaction.
Any other information about our insurance policy can be found on the following page: https://www.beazy.co/insurance
Beazy cannot and does not offer Tax-related advice to any Users. The Users should consult their tax consultant to determine tax treatment for their rental activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice.
3. INTELLECTUAL PROPERTY
We retain the ownership of all Intellectual Property rights in and to the Platform and Service provided by Beazy. This includes the business name Beazy. All content that is contained within these Services are licensed to Beazy and includes the Platform’s entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof). We grant the User a limited, revocable, personal, non-transferable, non-exclusive license to use the Platform or Services for User purposes in line with applicable laws and to print or electronically copy order summaries for the sole purpose of personal records. Permission to use, distribute, or reproduce any content from Beazy for commercial purposes is strictly prohibited unless expressly authorised by Beazy.
The User retains the ownership of all Intellectual Property rights of any content or information submitted to the Platform. These Terms do not transfer the Intellectual Property Rights to the Platform.
The User grants Beazy a royalty-free, sub-licensable, transferable, irrevocable and perpetual license to use any contributions made to the Platform in connection with Beazy’s operating area.
The content provided by the User on Beazy may be used for advertising purposes on the Platform and its managed advertising channels. Specifically, content may be used for promotions, newsletters, blogs, social media campaigns, digital advertising of all sorts, location based digital advertising, or any other campaign which is intended to create traffic for a specific User, Project or Listing.
Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws.
Beazy's name, the term “Beazy", the Platform or Beazy's logo and all related names, logos, product and service names, designs and slogans are trademarks of Beazy. The User must not use such marks without the prior written permission of Beazy. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
The Platform allows Users to post, submit, publish, display or transmit to other Users or other persons content or materials on or through the Platform. Any User Contribution the User posts to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, the User grants Beazy the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
The User guarantees that:
1) They own or control all rights in and to the User Contributions and have the right to grant the license granted above to Beazy.
2) All of the User’s Contributions do and will comply with the Terms; and
3) The User understands and acknowledges that they are responsible for any User Contributions contributed, and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Beazy is not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by the User or any other User of the Platform.
Beazy Users can leave a publicly-displayed Profile review and submit a rating about another User. Ratings or Reviews reflect the opinions of individual Users solely. They are not verified by Beazy for accuracy, however they must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews may be removed by Beazy.
The User may link to the Platform web pages, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but they must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
8. GEOGRAPHIC RESTRICTIONS
Beazy UG (haftungsbeschränkt), the owner of the Platform, is based in Berlin, Germany. We provide the Platform for use only by persons located in the European Union. We make no claims that the Platform or any of its content is accessible or appropriate outside of the European Union, or accessible or appropriate for non-European Union residents. Access to the Platform may not be legal by certain persons or in certain countries. If the User accesses the Platform from outside the European Union, the User do so on their own initiative and are responsible for compliance with local laws.
9. APPLICABLE LAW
The procedural and substantive law of the Federal Republic of Germany applies to these usage conditions and the overall legal relationship between Beazy and the User, with the exception of German international private law. The place of jurisdiction for disputes arising from the contractual relationship with Beazy is Berlin, Germany.
The Platform is operated by Beazy UG (haftungsbeschränkt). All notices of copyright infringement claims should be sent to firstname.lastname@example.org. All other questions, feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: email@example.com.
© 2021, Beazy UG (haftungsbeschränkt)