General Terms of Use

Last updated July 2022.

www.bidurk.com and made available through that website are provided by Bidurk Ltd (UK) of Eastbourne, United Kingdom BN21 4NN . 

When you read words ‘Bidurk’, ‘us’, ‘our’ or ‘we’, it means Bidurk Ltd, and the words ‘you’, ‘user’ or ‘your’ means you, the visitor to our website or online services. Reference to ‘you’ or ‘us’ includes respective directors, employees, agents, successors and legal assigns.

Application of these terms and conditions

By using this website together with any software, members areas, social media platforms, forums, blogs or other public access areas related to this website (collectively referred to as ‘website’ or ‘online services’), you are agreeing to be automatically bound by these terms of use, including our privacy policy [link] and other terms and conditions published by us through this website [link] or provided directly to you, collectively referred to as ‘terms’. 

We encourage you to carefully read and understand these terms before using the website or any of our online services.  If you don’t agree, your remedy is to stop using our website and online services. 

We may update our terms from time to time and the new provisions will apply from the date they are updated. Clients and Customers will receive electronic notice of updates.

Entire Agreement

Unless otherwise specified, all of the terms applicable to our online services constitute the entire agreement between you and Bidurk with respect to our online services. 

Feedback, comments or complaints

If you have any questions, please contact us via [hello@bidurk.com] and we will usually respond to all enquiries within five (5) business days. We welcome the opportunity to talk with you and address any concerns.

No unlawful or prohibited use 

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms of use. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party's use and enjoyment of our online services. You agree not to hack into areas of our online services that are not intentionally made available to you.

You expressly agree not to:

• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms of use
• decompile, reverse engineer, or try to copy or imitate our online services or underlying content

Creating Your account

You agree to provide true and correct details when setting up your account. You acknowledge that Bidurk may require additional information from you to meet Bidurk’s compliance obligations. At a minimum, we must collect your full name, address and phone number before we can provide you with access to our services. 

You agree that you will not share your username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.

You agree that we can contact you as and when needed to provide the services offered by Bidurk via the email address that you use to set up your account. You acknowledge that it is your responsibility to keep your contact details up to date. Please read our privacy policy [link] for details about how we collect, use and manage your personal information. 

Bidurk Service Terms and Conditions [link] apply to all Client or Customer accounts.

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Copyright, Trademarks and other Intellectual Property 

Bidurk owns the intellectual property rights in the content of our online services, or has permission to use or display the material on our online services. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our online services in whole or in part, except as expressly authorised by us.

Permission

You may only use our content for your own personal use and not for any commercial purpose. Sharing our content without our prior written permission is expressly prohibited. You are expressly prohibited from copying our content for the purpose of creating your own programs or otherwise exploiting the content in any way. 

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content or our intellectual property.

Any content posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must ask permission from the third party before using any of their content. 

Please see our Bidurk Service Terms and Conditions [link] apply to all Client or Customer accounts for additional obligations applying to Clients and Customers.

Infringement of Intellectual Property Rights

If we believe you have infringed our intellectual property rights, we will contact you and ask you to stop. We reserve the right to take further action as required. 

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from the website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

Where possible we aim to use respected service providers for storage of data collected via our website. There may be times that your data is transferred, mirrored or copied across international borders. For example, our hosting partners are Google Cloud Services & Cloudflare.

We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect digital data, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

Continuous accessibility to the website is dependent upon third party services as well as our own internal scheduling. As a result, the website may be inaccessible from time to time.

We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Disclaimer

You acknowledge and agree that your use of our online services is at your own risk. Our online services are periodically updated and changes are made to the information made available.

All online services are provided without guarantee or warranty unless expressly stated on our website. This does not affect any warranties implied by law.

Prices displayed on the website are subject to change without notice.

Features and specifications of products described or displayed on the website are subject to change without notice. The information available at your time of purchase will apply to your purchase. 

Digital products are downloadable a short time after checkout.  

Risk in your purchase passes to you as soon as the download link has been provided. We take no responsibility for delays as a result of incorrect or incomplete download due to a problem with your system.  

We do not accept any responsibility for purchases that are declined, delayed or not accepted due to disruption in internet services or payment being declined by your payment provider.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided ‘as is’ without warranty or condition of any kind.

Anything available via our online services may include inaccuracies or typographical errors or information that is out of date, including expired time-sensitive data. Changes are periodically made to the information on and available via our online services.

ALL MATERIAL AVAILABLE VIA OUR ONLINE SERVICES ARE PROVIDED FOR YOUR INFORMATION ONLY. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE PROVIDED BY US CONSTITUTES PROFESSIONAL OR FINANCIAL ADVICE OR CREATES A WARRANTY OF ANY KIND WITH RESPECT TO OUR ONLINE SERVICES. 

We are not making any claims about the income you may earn if you use the information made available via our online services or generated through our software, and none of the information we provide creates a warranty. Where figures, earnings or returns are mentioned (if any), those figures are estimates passed on to us about the results achieved by the individual sharing the information. We have not independently verified the information they have provided. Do not assume that you will make the same money or achieve the same results. 

Please understand that past performance cannot be an indication of possible future results.  Results relate directly to the time, experience, effort and resources committed to any venture by the participant. We have no control over those factors. Every person has different circumstances and a different market. We make no promises about actual results from the use of this information.

Referrals or introductions to third party services providers should not be taken as recommendations or endorsement by Bidurk. You still need to exercise your own judgment as to whether or not those products or services are right for you.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

Limitation of liability

We will not be liable to you or any other person for any loss or damage arising:

• if we are unable to deliver services to you for any period of time as a result of the lack of availability of third-party accounts or services under your control, or beyond our control,
• if you make changes to your YouTube Channel or any third-party accounts without Birdurk’s express written agreement,
• where there is no improvement, or negative impact in the performance of your YouTube Channel due to factors outside our control,
• from the use by any person not engaged by Bidurk of your login details or online access to our services or any third-party services managed by us on your behalf,
• loss of data by you when your subscription comes to an end, 
• performance of your YouTube Channel after we have stopped providing services.  

We will not be liable to you or any other person for any damages whatsoever arising as a result of your use of our Training Courses, software or Agency Services and or website in any way, subject to the requirements applicable consumer law. 

Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you in the preceding three (3) months for the particular service that is the subject of your complaint, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our online services.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs and reasonable legal fees) related to:

• our management of your YouTube Channel or conduct of campaigns as your agent,
• your use of our online services,
• your use of products or services included or advertised on our online services,
• your breach of these terms and conditions,
• your sharing of information where that sharing breaches obligations you have (including a breach of intellectual property rights, confidentiality or privacy).

Payments and Refunds

Payments

Payment in full must be made in USD to confirm your purchase. All prices are listed exclusive of VAT or other applicable sales tax. Any applicable sales tax will be applied during the checkout process. 

Payment is available using the method displayed in our checkout and includes credit card payment. We use trusted third-party payment processors and do not keep your payment details. For more information about how we handle your personal information, read our privacy policy [link].

When you agree to make payments by direct debit, you agree to our direct debit terms. 

You agree to pay any applicable surcharges we incur based on your method of payment, including dishonour fees if applicable (for example if you elect to pay by monthly instalments and a dishonour fee is charged to us for a failed attempted payment).

Subscription renewal

For Agency Services, subscription renewal will occur automatically. You authorise Bidurk to debit your account on the monthly or annual cost of your chosen package (as applicable) on the monthly or annual anniversary of the date you joined Bidurk. If payment is declined, your access to Bidurk will be suspended until your payment has been updated.

You will receive notice of any changes in Agency Service fees and will have the opportunity to cancel your package before those fees come into effect.

If a subscription commences with a free trial period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us [hello@bidurk.com]. 

We will notify you using the contact details you have provided prior to the end of the free trial period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial period, and your subsequent cancellation rights will be in accordance with the terms applicable to your term of subscription.

Trial Periods

We offer a fourteen (14) day trial period for use of our Agency Services.

During the trial period you can review our material to work out whether or not our content is right for you. You have that time to make a clear decision about continuing to use our products and services.

If you continue with us after the fourteen (14) day trial, you’re in! It is then up to you to make the best use of our material. If you choose not to do anything from that time forward, for whatever reason, that is your choice.

Cancellation

You can cancel your Agency Services at any time [please contact us at hello@bidurk.com to do so]. Once you cancel your Agency Services, your access to Bidurk will continue until your monthly or annual membership expires, except for any trial membership where your access will be cancelled immediately.

Please allow at least two (2) business days before the end of a subscription period to allow for the processing of your cancellation and to avoid disappointment.

Refunds

We don’t provide refunds simply because your circumstances have changed, or you change your mind.

Agency Service fees will not be refunded after the expiry of the trial period, except in compliance with applicable consumer law. 

Due to the digital nature and immediate access to our Training Course content, we do not offer refunds for purchase of our Training Courses.  You will retain access to your purchased content for a period of subscription from the date of purchase.

We may consider requests for refunds of annual membership if your request is received within ten (10) days of the date your payment is processed. The amount refunded will be the annual fee less an administration fee of USD $197.

Direct Debit Authority

By agreeing to these terms, you request and authorise us to debit or charge your nominated account the applicable service fee on each monthly or annual anniversary of your date of purchase, until you cancel your access to those services.

Where a payment due date is not a business day, we may direct debit the payment on the business day immediately before or after the due date.

You are responsible for:

• ensuring that your nominated account can accept direct debit requests;
• ensuring the accuracy of your account details;
• ensuring that there are sufficient clear funds available in your account on each payment due date;
• immediately arranging for an appropriate substitute payment method if your account provider cancels the direct debit;
• immediately notifying us in writing if there are any changes to your account (including transferring to another financial institution, or closure or suspension of your account) and providing us with appropriate replacement account details at least two (2) business days before the next payment due date; and
• verifying a change in your account details using any method we require, including confirming with us over the phone, or through two-factor authentication.

If a direct debit payment is rejected or fails for whatever reason, we will attempt to debit again and if the second attempt is unsuccessful, then:

• we will contact you to arrange alternative payment. You must then immediately make payment to us directly;
• you are responsible for any fees incurred by us including dishonour fees, bank charges and administration fees; and
• we are authorised to debit your account at any time for any amounts due, until all payments are brought up to date.

We will keep your account details in accordance with our privacy policy [link].

General Terms

Notices 

You may provide notice to us through the contact form on our website [link] or otherwise by email addressed to ‘the Directors’ and sent to [hello@bidurk.com]. We may provide notice to you via electronic means using the contact details you have provided to us or by publishing a notice on our website. 

Applicable law

These terms are governed by the laws of the United Kingdom. You agree to be subject to the jurisdiction of the courts of England if there was a serious dispute between you and us.

Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorised, it is your responsibility to stop using our online services.

Relationship

You agree that Bidurk is an independent supplier of products and services only and that no joint venture, partnership, or employment relationship exists between you and Bidurk because of this agreement or your use of our online services. Where Bidurk manages third-party accounts  (like your YouTube Channel) on your behalf as part of the services, Bidurk is acting as your agent in completing those services.  

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Unauthorised Use - use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.