TERMS OF USE
BiziBAZA®, a California corporation (“we,” “us,” “our”) provides an online marketplace platform that allows users to offer, sell and buy their favorite products from their favorite farmers markets, independent producers and locally owned stores through the website: www.bizibaza.com (the “Website”) and mobile application, BiziBAZA® (the “App”) and offers related services, referred to here as the “Services”. You (the “user” or “you”) shall offer, sell, buy, access the Website/ App and/or use the Services subject to these Terms of Use (the “Terms of Use” or the “Agreement”). The Website, App and the Services are the property of BiziBAZA® and its licensors. By visiting our Website, downloading or using the App and/ or using any Services, or submitting or viewing Content(s) through our Services, you are agreeing to be bound by the Terms of Use. If you do not agree, do not access the Website/ App or use any of the Services.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE, THE APP AND/OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of the Website/App and any of the offered Services. This Agreement applies to you, whether personally or on behalf of an entity, whether you visit our Website, download our App or use any Services. No agency, partnership, joint venture, employee-employer or franchiser franchisee relationship between you and us is intended or created by this Agreement.
Your use of the Website/App and/or the Services indicates your explicit consent that the personal information you have provided through the Website/App and/or the Services is subject to our Privacy Policy, the terms of which are incorporated herein by reference. Please review our Privacy Policy to understand our practices.
If you access the Website or App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website and/or App, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Limited License
Subject to the terms of this Agreement, we grant to you, a limited, non-exclusive, non-transferable and revocable license to access and use our Website/App and Services. The information accessed through our Website/App is not intended for viewing to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Website/App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We retain the right to refuse any and all current or future use of the Website/App and/or Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the WebsiteApp/Services to you if you breach any of these Terms of Use, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible, inappropriate or may create liability for us. Please note that any transactions (including listings, buy, sell) through the Website or the App is subject to our online terms and conditions available at https://bizibaza.com/terms-and-conditions and you agree to be bound by these terms and conditions while transacting (as a seller, buyer or otherwise) by accessing or using our Website/ App.
Account
To use our Services, you will be required to register online through our Website/App. You may register by signing up with your email address and credentials directly through our Website/App or through social media websites (such as Facebook or Google). When you create an account, you are required to provide us with your personal or business information (such as name, address, gender, phone number, email, career information, payment credentials, etc.), which shall be governed by our Privacy Policy. You must ensure that you exit from your account at the end of each session. You agree not to disclose or share your user credentials with any third party or use your user credentials for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and user credentials. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or user credentials. We strongly recommend that you change your password on a periodic basis and whenever you suspect that knowledge of the user credentials has been compromised. We assume no liability for any access to information that is accessed with your account information. You are solely responsible for protecting the privacy of your account and user credentials, and you agree to accept all responsibility for activities that occur under your account or user credentials.
By creating an account and/or providing your personal information to us (directly or indirectly), you represent and warrant that:
all information you submit will be true, accurate, current, and complete;
you agree to comply with these Terms of Use;
you are not under the age of 13;
you will not access the Website/App through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Website/App for any illegal or unauthorized purpose; and
your use of the Website/App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/App (or any portion thereof).
We do not request your feedback concerning the Website/App. Nonetheless, if you provide us with any feedback (including through any contact information available on the Website or public forums) concerning the Website/ Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Website/App.
Prohibited Activities
You may not access our Website, App and/or use our Services for any purpose other than that for which we make the Website/App/Services available. As a user, you agree not to:
circumvent, disable, or otherwise interfere with security-related features of the Website and/or the App, including enforcing limitations on the use of the Website and/or the App;
engage in unauthorized framing of or linking to the Website, screen scraping or backend API use;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user credentials;
offer for sale, sell or distribute hazardous substances, any type of alcohol or drugs, firearms or dangerous materials through the Website and/or the App;
make improper use of our support services or submit false reports of abuse or misconduct;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
interfere with, disrupt, or create an undue burden on the Website and/or the App or the networks or services connected to the Website and/or the App;
attempt to impersonate another user or person or use the username of another user;
sell or otherwise transfer your profile;
use any information obtained from the Website and/or the App in order to harass, abuse, or harm another person;
use the Website and/or the App as part of any effort to compete with us;
use the data stored or features used in our Services for competitive activities;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website and/or the App that is not already made public by us;
attempt to bypass any measures of the Website and/or the App designed to prevent or restrict access to the Website and/or the App, or any portion of the Website and/or the App;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
delete, or attempt to delete, the copyright or other proprietary rights notice from any of our content;
upload or transmit or attempt to upload or transmit any content that is connected to race, national origin, gender, sexual preference, or physical handicap or any pornography;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website, App and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and/or the App;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website and/or the App, or using or launching any unauthorized script or other software;
disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our Services in a manner inconsistent with any applicable laws or regulations.
Your Content
If you upload or provide any information, images, videos, graphics, pictures, audio files, blogs, documents or any other content to us (the “Content”), you grant us and our successors and assign, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, transmit, modify, prepare derivative works of such Content for any purpose, commercial or otherwise. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We have the right, in our sole and absolute discretion, (1) to re-categorize any Contents to place them in more appropriate locations on the Website; and (2) to pre-screen or delete any Contents at any time and for any reason, without notice.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your Content including the right to authorize us to use the Content in the manner contemplated these Terms of Use. With respect to your Content, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to view your Content in any manner contemplated by the Website and these Terms of Use;
your Content is not false, inaccurate, or misleading;
your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
your Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
your Content does not threaten or endanger the safety and security of another party;
your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
your Content does not violate any applicable law, regulation, or rule;
your Content does not violate the privacy or publicity rights of any third party;
your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
your Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of posting or publishing it.
We neither endorse nor assume any liability for any Content. We generally do not pre-screen, monitor, or edit Content. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Content, whether it is your own or another user’s.
Third-party Account/ Mobile Application License
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Terms of Use.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play to access the Services:
the license granted to you for the App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems;
in the event of any failure of the App to conform to any applicable warranty, you may notify us and we may endeavor to correct such failure, but will have no warranty obligation whatsoever with respect to the App;
you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; or you acknowledge and agree that our App partners are third-party beneficiaries of these terms and conditions, and that each such App partners will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
Social Media
As part of the functionality of the Services, you may be permitted to create your account using online accounts you have with third-party service providers, such as Facebook or Google (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website and/or the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website and/or the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website and/or the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
Advertisers
The Website and the App may contain advertisements. The inclusion of advertisements on the Website and App does not imply endorsement of the advertised products or services. We shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website and App. Further, we shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Website and App. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Eligibility To Use Website/Services
By using the Services, you affirm (a) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (b) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (c) your use of the Services does not violate any applicable law or regulation; and (d) you will maintain accurate information with us.
You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any federal, state, or local laws, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
Your Rights And Responsibilities
You are responsible for providing accurate information to us about yourself, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information. You agree that under no circumstances may you impersonate another individual or represent that you are any individual or entity different from your actual identity. We will restrict any users who knowingly impersonate others.
Interaction With Third Parties
The Website/App/Services may contain links to third party websites or links to our business partner’s website that are not owned or controlled by us. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third-party website and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with your payment information you are subject to the Privacy Policy of our payment processor. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site. By using the Website/Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third-party website.
Ownership
All right, title, and interest in and to the Website, App and/or Services, and all material, videos, images, text and/or other Website content (other than the Content) available on or through the App or Website (including, without limitation, text, graphics, logos, button icons, images, blog posts, audio clips and software), are and will remain our exclusive property and that of our licensors. The Website, App and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Use gives you a right to use our name or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Website/Services belongs to us (or our permitted assigns or successors) or our third party licensors. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
Payments, Cancellations And Refunds
Our policy on payment for the products purchased or sold through the Website/App, cancellations and refunds is available at https://bizibaza.com/terms-and-conditions and is incorporated herein by reference.
Term And Termination
THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE WEBSITE, APP OR THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/APP/SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE WEBSITE/APP/SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU MAY HAVE PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your account and your ability to access this Website/Services. You agree that any termination of your access to the Website/App/Services may be affected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Website/Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Website/Services.
Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/SERVICES WILL BE AT YOUR SOLE RISK AND WE DO NOT ENDORSE, PROMOTE, GUARANTEE OR WARRANT ANY PRODUCT OR SERVICES OFFERED FOR SALE BY OUR PARTNERS THROUGH OUR WEBSITE AND/OR APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR FUNCTIONALITY OF THE WEBSITE’S OR APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE OR APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE APP. WHILE WE MAY PROVIDE PRICING, SHIPPING, LISTING, AND OTHER GUIDANCE IN OUR SERVICES, SUCH GUIDANCE IS SOLELY INFORMATIONAL AND YOU MAY DECIDE TO FOLLOW IT OR NOT.
Limitation Of Liability
IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID (IF ANY) BY YOU TO US FOR ANY SERVICES PROVIDED TO YOU DIRECTLY BY US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.
Indemnification
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Website/App/Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including physical or monetary harm or civil or criminal claims arising out of (1) your use of the Website and/or the App; (2) breach of these Terms of Use and other BiziBAZA® policies; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website/App with whom you connected via the Website/App for the purpose of buying and selling a listed product. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Website/App/Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website and/or the App. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website/App/Services.
We cannot guarantee the Website/App/Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/App/Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/Services during any downtime or discontinuance of the Website/App/Services.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website and/or the App to supply any corrections, updates, or releases in connection therewith.
Site Management
We reserve the right, but not the obligation, to:
monitor the Website/Services for violations of these Terms of Use;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Website/Services or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Website/App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
General Provisions
When you provide information to us via our App or Website or send emails to us, you are communicating with us electronically. By providing information on our Website or App, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
This Terms of Use will be governed by and construed in accordance with the laws of the State of California. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in northern California. You agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to this Terms of Use or as a user of the Website/Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Use) will be determined by mandatory binding individual arbitration. Arbitration shall be held in accordance with the rules of the American Arbitration Association. This arbitration provision will survive termination of the Terms of Use.
This Terms of Use is void where prohibited by law, and the right to access and use the Website/Services is revoked in such jurisdictions.
Supplemental terms and conditions or documents that may be posted on the Website or App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use periodically for changes. The latest version of this Terms of Use supersedes any previous versions. Your continued use of the Website/Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Website/Services.
Questions about the Terms of Use should be sent to support@BiziBAZA.com.
PRIVACY POLICY
1. Introduction
This privacy policy (“Privacy Policy”) will give you information about how we collect, store and process your information when you visit our website (regardless of where you visit it from), www.bizibaza.com (“Website”); and/ or use our services (“Services”) and/or our mobile application, BizaBAZA® (“App”). By using our Website, App and/or Services, you agree to the collection, storage and use of information/data in accordance with this Privacy Policy. We recommend that you read this Privacy Policy carefully when using our Website or App or Services or transacting with us. By using our Website, App, or Services, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
2. Information We Collect
(a) Information Collected From You
We collect your information when you visit our Website or use our App or Services. Also, we collect information you provide directly to us, request to subscribe to or use our Services, contact user support, email us, or otherwise communicate with us. The information we collect includes name, address, phone number, age, gender, payment information and other information you choose to provide. We do not sell your information to third parties, but only share it with our partners as mentioned in this Privacy Policy for the purposes of providing our Services.
The following are additional situations in which you may provide your information to us:
When you fill out forms or fields to register/subscribe to or use our Services;
When you sign up for any newsletters or other materials;
When you provide information to us through a third-party application or website;
When you communicate with us or request information about us or our Services, whether via email or other means, including contacting our support team;
When you participate in online surveys;
When you participate in any of our marketing initiatives, including competitions, events, or promotions;
When you register and/or participate in online forums, reviews or provide user generated content or submissions; and
When you use the App.
We also automatically collect non-personal information from your browser, computer, or mobile device when you use the App or Website through the use of various technologies, including cookies and pixel tags. We may collect IP address, browsing behavior, log data and device IDs. This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall experience. We may aggregate information from the user of the Website, App, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors and average time spent on the Website, App, which will also be considered as non-personal information.
(b) Data Collection From Our Channel Partners
When you visit our online partners, we may receive information from such partners, and also via third parties when you visit our page on social media sites (e.g., Facebook, Google). When you are visiting any of these online channels/sites, our partners may collect:
Registration information that we use to help you set up an account (e.g., your name, country, gender, date of birth, email address, username and password).
Payment or transactional information that we use when you subscribe to our Services.
Location information or your IP Address that we use to give you relevant online content.
Information you’ve shared publicly on our forums.
Information you’ve sent to an individual or group using our messaging, chat or post services.
Information you provide when you use our own online channels or third-party channels (such as social networks).
(c) Device Information
When you access our Services by or through a mobile device or any desktop or handheld device, we may collect certain information automatically, including, but not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of internet browser you use and other statistics.
(d) Usage, Behavior and Preference Information
We collect information about how you and Website visitors and App users interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through use of cookies, pixel tags, touch heat maps, user recordings, crash videos and similar technologies that create and maintain unique identifiers. A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of Services. We cannot control the use of cookies by third parties (or the resulting information) and use of third party cookies is not covered by this policy.
3. Why we need to collect and process information
As we offer our Services directly to our end users and our Services offer many different experiences, we need to collect and process information, so that:
Users can subscribe/register to use our Services online;
We can send users any information they’ve asked us for or answer their questions;
We can ask users to give us feedback on our Services through questionnaires and surveys;
We can provide our users with relevant marketing information about our Services; To improve and supplement our matching algorithms, display relevant public facing information for user profiles (such as professional data and videos/images) to other users on the platform, analytical purposes, marketing purposes.
4. Sharing of Information
(a) We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:
with third party service providers to enable them to provide the Services you request, such as channel partners, App developers, analytics, payment partners;
with the general public if you submit content in a public forum (such as social media website such as Google, Facebook, Twitter, Instagram), for reviews, comments, social media posts, or with other features of our Services that are viewable by the general public; and
with third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or services with which we integrate.
(b) We may disclose your Information:
To any person who, in our reasonable judgment, is authorized to receive your information as your agent, including as a result of your business dealings with that person (for example, your attorney);
To our third-party partners and service providers so that they may provide support for our internal and business operations, including handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and security. These companies are authorized to use your information only as necessary to provide these services to us and are contractually obligated to keep your information confidential;
As required by law or ordered by a court, regulatory, or administrative agency;
As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another's rights or property, including, without limitation, our rights or property;
If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
To enforce our Terms of Use, this Privacy Policy, and any other applicable agreements and policies; and
To enforce or protect our rights.
We may also use third-party payment service providers ("Payment Vendor"), offering payment transaction services to us in order to sell products through the Website and/or App. The Payment Vendor acts as a data controller with regard to the personal data related to the transactions (“transaction data”) processed for the purpose of purchasing the product or service. The transaction data may include your personal details, your payment ID, and the transaction details. Whenever you purchase additional storage or pay to run your advertisements through our Website, the information that you provide to the Payment Vendor is subject to their privacy policies, not ours. The legal basis for this processing is the performance of a contract. You explicitly consent that we may provide personal information collected from you to a Payment Vendor for the purpose of the offering of the payment-transaction service whenever you buy something from the Website and/or App and that such Payment Vendor may use such data for (statistical) analysis of payment transactions.
5. Service Providers
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Services-related services and/or to assist us in analyzing how our Services is used. These third parties have access to your information only to perform specific tasks for the purpose of providing the Services.
6. Compliance
We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; or protect the rights, property, or safety of us, our employees, our users, or others.
7. Analytics and Advertising Services Provided by Others
We may allow others to provide user measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, software development kits (SDKs), and other technologies to identify your device when you visit our Website, use our App and use our Services, as well as when you visit other online sites and services.
8. Your Rights in Relation to the Personal Information we Collect
You have the right to access, correct, delete, restrict processing, and object to processing of your personal information. If you wish to (i) update, alter, delete or obtain a copy of your personal information that we hold; (ii) restrict or stop us from using any of the personal information which we hold on you, including by withdrawing any consent you have previously given to the processing of such information; or (iii) where any personal information has been processed on the basis of your consent or as necessary to perform a contract to which you are a party, request a copy of such personal information in a suitable format, you can request this by emailing us at the address set out at the end of this Privacy Policy. We endeavor to respond to such requests within a month or less, although we reserve the right to extend this period for complex requests and due to other circumstances.
Please note that, if you request that we restrict or stop using information we hold on you, or withdraw a consent you have previously given to the processing of such information, this may affect our ability to provide Services to you or negatively impact the Services we can provide to you and your experience of the App.
We reserve the right to deny you access for any reason permitted under applicable laws. Such exemptions may include national security, corporate finance, and confidential references. If we deny access or correction, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial of same in our records.
9. Links to Third-Party Websites
Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data. If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.
10. Business Transfers and Corporate Changes
We may share information with our subsequent owner, co-owner, or operator of one or more of the Services; or in connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
11. How Long We Retain Your Information
We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. We can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, or to take any other actions consistent with applicable law.
12. Our Cookie Policy
Cookies are small data files that your browser places on your computer or device. A cookie itself does not contain or collect information. However, when it is read by a server via a web browser it can help a website deliver a more user-friendly service – for example, remembering previous subscription or account details. Like most websites, our Website, online channels and App collect some information (e.g., information on IP addresses, browsers, internet service providers, referring pages, exit pages, operating systems, date stamps, time stamps and clickstream data). Both we and our third-party tracking utility partners use browser storage, app storage, cookies, pixels, beacons, scripts and tags to analyze trends, administer the site, track user movement through the site and collect demographic information about our overall user base. We may receive reports on these from our third-party tracking utility partners on an individual and aggregate basis.
13. Privacy Policies and Terms of Other Websites
Our Website or App may contain links to other websites owned and operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data. This privacy policy applies only to this Website and App, so if you click on a link to another website, you should read and be familiar with their Privacy Policy. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.
14. Data security and integrity
The security, integrity and confidentiality of your information is extremely important to us. Your data will be stored in a secure dedicated encrypted cloud storage.
We strive to implement and maintain reasonable, industry-standard secure storage technologies and commercially acceptable security procedures and practices appropriate to the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, we cannot ensure or warrant 100% security of any information you provide to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure. Further, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.
Our users, employees and partners also play an important role in protecting information. We encourage users to choose passwords and other forms of user credentials for authentication that are difficult for others to guess and to keep their personal passwords and credentials secret.
Our users are solely responsible for the interactions with other users. A user understands that we do not make criminal checks or otherwise inquire into the background of users.
Should you notice any flaws or concerns in our security, please contact our team at support@BiziBAZA.com as soon as possible.
If we ever experience a data breach in which customer information is at risk of being misused, we’ll contact user(s) according to legal requirements. If necessary, we will also contact data protection authorities.
15. Data transfers, storage and processing globally
We may transfer your personal information to third parties in locations around the world for the purposes described in this Privacy Policy. We may use third-party service providers to process and store your information in the United States, Canada, Japan, the European Union and other jurisdictions.
Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Whenever your personal information is transferred, stored or processed by us or by companies carrying out such services on our behalf, we’ll take reasonable steps to safeguard the privacy of your personal information.
We will make sure we, as a minimum, use the standards of data privacy and security that follows from the European General Data Protection Regulation (“GDPR”) anywhere in the world where we collect, store, use or share your personal data. Where your local rules require more from us than that, we will adjust our practice to make sure your data is safe with us no matter where in the world you are! These rules are set by European data authorities across the European Union and set some of the highest standards in the world on data collection, storage, use and sharing.
16. “Do not Track”
There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
17. Notice to California Residents
If you’re a California resident, you’re permitted by California Civil Code Section 1798.83 to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California.
18. Changes to this Privacy Policy
This Privacy Policy will remain in effect, except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our Website and/or App. This Privacy Policy shall be governed by the laws of the State of California and submitted to the exclusive jurisdiction of the courts in Northern District of California.
19. How to contact us
If you have any questions about this Privacy Policy, please contact us at: support@BiziBAZA.com. Please include your name and pertinent info in your inquiry.