Terms and Conditions for BizVibe Marketplace

INTRODUCTION
1. These Terms and Conditions for BizVibe Marketplace (the “Terms”) set out the terms and conditions upon which we, Infiniti Research Inc., of 110 E. Schiller Street, Suite 208, Elmhurst, IL 60126, USA and our affiliates and associated offices, through our BizVibe brand (collectively “Infiniti Research”, “BizVibe”, “we”, “us”, “our”) make available our marketplace platform located at https://marketplace.bizvibe.com/ facilitating both auction-style sales and general sale transactions (the “Platform”) for buyers and sellers who have created accounts for the Platform (each a “User”, “you”, “your”). “BizVibe”, “we”, “our” and “us” also refer to the applicable Infiniti Research entity in the section entitled ‘Which Infiniti Research entity is the User contracting with?’ below.
2. These Terms apply in addition to our BizVibe Marketplace Comprehensive Refund Policy, our Product Safety and Recall Policy for BizVibe Sellers, and the Terms of Sale and Use which govern your use of our website located at https://www.bizvibe.com/ (the “Website”), any content and features published on the Website or otherwise made available to you (“Content”) and research, subscription and other services (“Services”) to visitors, subscribers, users and other individuals who directly or indirectly access the Website, Content or Services or contact us.
3. If there is a conflict between these Terms, our BizVibe Marketplace Comprehensive Refund Policy and the Terms of Sale and Use, these Terms will govern in relation to your use of the Platform.
4. By creating an account and using our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform. We recommend that you print a copy of these Terms for future reference.
5. If you have any questions, complaints or other requests you can contact us at hello@bizvibe.com or by mail at: Infiniti Research, Inc., 110 E. Schiller Street, Suite 208, Elmhurst, IL 60126, USA.
6. This version of these Terms was published on October 24, 2025.
PLATFORM ROLE
1. BizVibe serves as a neutral facilitator, offering the Platform for Users to list, discover, and engage in transactions for goods and services. Our responsibility is limited to providing the Platform and facilitating the ability to conduct such transactions.
2. The Platform is a marketplace and we do not participate in the actual transactions or assume the role of buyer, seller, or auctioneer. Any contract for sale is directly between buyer and seller.
3. BizVibe does not have possession of anything listed or sold through the Platform.
4. BizVibe does not review Users’ listings or content. While we may, in our sole discretion, help facilitate the resolution of disputes, BizVibe has no control over, and, unless expressly provided, does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of Users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
5. The Platform is for business-to-business transactions only. Consumers and non-business entities are not permitted to use the Platform or participate in transactions in any way.
6. BIZVIBE PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER BIZVIBE NOR ANY PERSON ASSOCIATED WITH BIZVIBE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM INCLUDING THAT IT WILL OPERATE UNINTERRUPTED, BE FREE FROM DEFECTS OR VIRUSES OR MEET YOUR REQUIREMENTS. You acknowledge that the Platform may be unavailable for periods of time (scheduled or unscheduled) for maintenance, updates or upgrades and that we do not represent or warrant that the Platform will meet any “uptime” or “availability” targets.
7. Membership is granted at BizVibe’s sole discretion, and BizVibe reserves the right to deactivate the accounts of members who misuse the platform in any way or fail to meet any requirements referenced herein. Users will receive an email upon registration, containing a one-time password (OTP), which they will need to provide to complete registration. User must provide their credit card details to register on the platform, this will be verified by Stripe.
8. Verification – Members may become Trusted Users, following payment of $100 annual fee for company verification, subject to third party confirmation of registration information.
PLATFORM ACCOUNT
1. All Users are expected to act ethically and legally in their use of the Platform. This includes providing accurate information, complying with all applicable laws and regulations, and engaging in transactions in good faith.
2. Users are solely responsible for the execution of transactions, including payment, shipping, and delivery arrangements of goods or services.
3. In order to access the Platform, you will need to have a BizVibe marketplace account. If you do not have an account, you can create one here: https://marketplace.bizvibe.com/.
4. In creating a Platform account, you must be able to identify yourself as a director, officer or an employee of a company and with full legal authority to act as an agent of that company to fill in all the mandatory fields on the registration forms to become a member of the Platform. Platform Users must be business users, over the age of 18 and must only use the Platform in a business capacity. If you are not a director, officer or an employee of a company and if you are not over the age of 18 years, you must NOT use the Platform or register a Platform account.
5. If you are acting on behalf of your employer or another business when you access and use the Platform, you warrant that:
  1. you have full legal authority to bind your employer or that business; and
  2. you agree to these Terms on behalf of your employer or the business you represent.
6. You guarantee that the data you share with us is accurate and true. You agree to provide a real email address, of which you are the actual owner or authorized user. You waive any claim and/or legal action against us if you do not receive service messages from us sent by email to the address you have provided.
7. Once registered, you are responsible for maintaining the confidentiality of your login and password. These details must not be communicated to or shared with third parties. In no case will we be held responsible for the loss of your username and/or password. In the event that you misuse the login and authentication login/password, you must notify us immediately and we reserve the right to terminate your account without prior notice. You will be solely liable for the use of the login and authentication login/password by third parties or for actions or statements made through your account, whether fraudulent or not, unless we are at fault.
8. Infiniti Research does not have the means to check the identity of people registering for its services. We will not be held responsible for any alleged or actual identity theft. If you think that someone is using your account or your identity, you must inform us immediately by email at: hello@bizvibe.com or by mail at: Infiniti Research, Inc., 110 E. Schiller Street, Suite 208, Elmhurst, IL 60126, USA.
9. Know Your Customer (KYC) Policy: Users must comply with BizVibe’s KYC policy as a prerequisite for account approval. Compliance includes you providing identity verification, business registration validation, and adherence to applicable legal and regulatory requirements. Failure to meet KYC requirements may result in account suspension or denial of access to the platform. Account approval is typically provided within 1 business day.
10. A valid credit card is required for Buyers to participate in an auction or bid.
11. Users may operate as both buyers and sellers.
LISTINGS BY SELLERS ON THE PLATFORM
Sellers may list goods or services on the Platform either: (1) for general sale; or (2) for auction. Specific terms governing both methods of sale by Users are set out below, including general terms that all Users must comply with when listing goods or services on the Platform.
General listing terms
1. You can apply to become a User on the Platform here: https://marketplace.bizvibe.com/.
2. All listings must comply with applicable laws, regulations, and any applicable BizVibe policies, including our Acceptable Use and Restrictions on Use Policy, Prohibited Products Policy, Product Safety and Recall Policy , Delivery Policy, and Customer Care Policy. Users also agree that they will be subject to BizVibe’s Ranking Parameters Policy, and BizVibe’s Comprehensive Refund Policy.
3. You represent and warrant that:
  1. you have the legal right and authority to sell and/or promote and/or distribute any goods or services you advertise on the Platform;
  2. the information you provide to us in connection with your application to become a seller on the Platform is complete and accurate and you’ll promptly notify us of any changes to it and keep the supplier profile you create on our supplier interface up to date;
  3. any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents; and
  4. you will provide comprehensive and truthful descriptions of goods or services listed on the Platform and will not misrepresent any such goods or services.
4. We may, at our option at any time, require you to promptly provide us with reasonable evidence that any information you’ve given us is true and up to date and that such information and your behavior is in compliance with these Terms. Such information includes (but is not limited to) information in connection with your application to become a seller on the Platform, in your seller profile and in the listings for your goods or services.
5. You permit and instruct us to collect information about you and in connection with these Terms (including without limitation the goods or services you list on the Platform) and disclose it to tax, or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.
6. When we accept your application to become User, we’ll give you access to our Platform interface. We’ll generally use our Platform interface to tell you about customer orders, questions, cancellations and complaints and other things about our service, such as changes to these Terms and our policies. We may also contact you via telephone, email, or other methods.
7. You should use our Platform interface to get in touch with us wherever possible, but we may also give you other ways of contacting us. [Before contacting us, you may want to look at our [Frequently Asked Questions].]
8. You must always use the Platform interface to communicate with customers who have ordered with you through the Platform or enquired about your products through the Platform. Where this is not possible (for example, where a customer, having ordered through the Platform finds and calls you directly), you should enter accurate details of any communications with customers on the Platform interface. This helps us to keep a full record of all communications in relation to any transaction in case there are any disputes.
9. If a customer contacts you about your products through the Platform you must not in any way ask or encourage the customer to buy those products (or repeat orders for those or similar products) either directly from you or from another source.
10. You may only use our Platform and the other computer systems that support, operate and comprise the Platform for listing and selling your goods or services and communicating with us and your customers as envisaged in these Terms.
11. Once you’ve created a profile on the Platform, you can create listings to sell your goods or services on the Platform through our interface. You represent and warrant that you’ll:
  1. Only create listings for goods or services which:
    1. are not stolen, replicas, counterfeits or unauthorised copies;
    2. do not violate the intellectual property, confidentiality or privacy rights of others;
    3. do not violate any laws, including those governing export control and consumer protection;
    4. do not contain any material that is obscene or pornographic; or
    5. you have authority to sell.
  2. Only list products which comply with all applicable legislation and regulations affecting their manufacture, sale, packaging and labelling and don’t infringe third party trademarks or other intellectual property rights.
  3. Only list products which are safe. You cannot list products that are unsafe, that we reasonably believe to be unsafe or that have been or become the subject of a product safety alert or recall. We may require product safety documentation before permitting you to list certain products. For information on your product safety obligations, see, https://www.cpsc.gov/Regulations-Laws--Standards or https://www.gov.uk/guidance/product-safety-advice-for-businesses, as applicable.
  4. Include in your listings, or where appropriate your seller profile, all the information about you and your goods or services and how you’ll fulfil orders that is needed to comply with applicable law, as well as any relevant safety information about your products.
12. You can remove a listing for your services or products at any time before entering into a contract to provide those goods or services.
13. You must ensure that your seller profile and the listings for your goods or services:
  1. comply with Clause 8 (Restrictions on Use );
  2. only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on the Platform and to license to us as set out in Clause 10 (Intellectual Property Rights);
  3. display real-time information about how many of each product you have in stock, ready to dispatch. You must hold enough stock of your products to meet reasonably expected demand and you must delist any products that are not in stock, save that you may continue to list products which will be available within a reasonable period of time provided they are marked “out of stock” and the date when they will be in stock is shown;
  4. doesn't include anything which would encourage or allow customers to contact you other than through the Platform interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information; and
  5. doesn't use any search engine optimization techniques which breach search engines’ guidelines or involve deception, including but not limited to keyword stuffing.
14. You must maintain adequate processes and procedures to make sure that your products are authentic, authorized for sale, not stolen, and not counterfeit or unauthorized copies. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that you are authorized to sell specific brands or products on the Platform.
15. Prohibited Products Policy
  BizVibe prohibits the sale of the following products on its platform:
  1. Illegal or Regulated Items: products that are illegal, controlled, or regulated by local, state, or federal laws.
  2. Hazardous Materials: items that pose a risk to health, safety, or the environment, including toxic chemicals, flammable materials, and explosives.
  3. Counterfeit or Infringing Goods: products that infringe upon intellectual property rights, including counterfeit, pirated, or unauthorized goods.
  4. Products with Unlawful Claims: items that make false, misleading, or deceptive claims, including health-related or medical products without proper certifications.
  5. Dangerous or Unsafe Goods: products that do not comply with safety regulations, pose a risk of injury, or are unfit for their intended use.
  6. Stolen or Illegally Obtained Items: products that have been stolen, misappropriated, or otherwise acquired illegally.
  7. Pornographic or Offensive Content: products or materials that contain pornography, explicit sexual content, or any content that is obscene, offensive, or harmful, including materials promoting violence, hatred, or discrimination.
  8. Gambling Products: Products or services related to gambling or betting, including any items that promote, facilitate, or enable gambling activities.
  Every user of the platform, including Sellers and Buyers, must comply with the laws and regulations of the country in which the products or services are purchased, sold, or delivered. It is the responsibility of all users to ensure their transactions adhere to the applicable laws.
  BizVibe reserves the right to remove any product listings that violate this policy and may suspend or terminate the accounts of users who fail to comply.
16. Product Safety and Recall Policy
  1. Sellers are fully responsible for ensuring that the products they sell on BizVibe meet all relevant product safety laws, regulations, and industry standards. This includes, but is not limited to:
    1. Product Compliance: Sellers must ensure that their products comply with all relevant safety standards and regulatory requirements.
    2. Direct Communication with Buyers: In the event of a product defect, safety issue, or recall, Sellers are responsible for managing communications and resolutions directly with the affected Buyers, including providing instructions for returns, refunds, replacements, or corrective actions.
    3. Record-Keeping: Sellers are required to maintain detailed records of all products sold, including compliance documentation, safety certifications, and any communications with Buyers regarding safety concerns. These records must be kept for a minimum of 5 years
  2. Product Recalls and Safety Issues
    In the event of a product safety issue or recall, the Seller is solely responsible for managing the recall process. This includes:
    1. Recall Execution: The Seller must manage the recall process independently, ensuring that affected products are removed from the market and that Buyers are informed about how to return the product, receive a refund, or obtain a replacement.
    2. Buyer Responsibility: The Seller must ensure that any Buyers affected by a product safety issue are notified directly and provided with instructions on how to return the product, receive a refund, or obtain a replacement.
    3. BizVibe’s Role: BizVibe will not be responsible for communicating with Buyers regarding recalls or product safety issues. Our role is limited to providing the platform for product listing, and the Seller is responsible for resolving any safety-related claims directly with their Buyers. BizVibe does not assume responsibility for any aspect of the recall or Buyer communication process.
  3. BizVibe acts solely as a platform for third-party Sellers and is not responsible for the safety, quality, or compliance of the products sold. As such, BizVibe disclaims any liability for:
    1. Any product defects, safety concerns, or risks associated with the products listed on the platform;
    2. Any legal claims, including product liability or Buyer safety complaints, arising from the products sold by Sellers;
    3. The recall process or Buyer notifications related to product safety issues;
    4. Sellers agree to indemnify and hold BizVibe harmless from any claims, damages, losses, or expenses (including legal fees) arising from product safety issues, recalls, or any other matters related to their products.
  4. Insurance and Liability
    Sellers are required to carry adequate product liability insurance to cover any potential claims arising from the products they sell and list BizVibe as an additional insured. Proof of insurance may be requested by BizVibe but is the Seller’s responsibility to ensure coverage.
  5. Failure to comply with this policy may result in the following:
    1. Account Suspension: BizVibe may suspend or remove a Seller’s products from our marketplace if the Seller repeatedly fails to meet safety standards or violates the terms of this policy.
    2. Termination of Seller Relationship: BizVibe reserves the right to terminate the Seller’s account if they fail to manage product safety issues appropriately.
17. Delivery Policy
  1. Sellers are responsible for ensuring timely and accurate delivery of products to Buyers. By listing products on BizVibe, Sellers agree to the following:
    1. Stock Availability: Sellers must maintain sufficient inventory to fulfil Buyer orders promptly. If a product is out of stock, it should be removed from the platform until restocked.
    2. Delivery Timeframe: Sellers must specify a reasonable estimated delivery date at the time of purchase. Orders should be shipped in accordance with the agreed-upon delivery terms between the Seller and the Buyer. Any delays must be communicated to the Buyer promptly.
    3. Shipping Costs: Shipping costs must be clearly disclosed to the Buyer before purchase. Sellers are responsible for ensuring that shipping fees are accurate and reasonable.
    4. Packaging: All products should be packaged securely to prevent damage during transit.
    5. Tracking Information: Sellers must provide tracking information for all shipments when available.
    6. Compliance: Sellers must comply with all relevant shipping laws and regulations, including the Federal Trade Commission (FTC) Mail/Telephone Order Rule, U.S. Customs and Border Protection (CBP) regulations, Hazardous Materials Regulations (HMR), and applicable state-specific shipping laws, including those related to customs, duties, and taxes for international orders.
    7. Seller Reliability: If a Seller fails to meet the delivery obligations on a recurring basis or fails to ship products within the agreed timeframe, the Seller may be required to pay a deposit or penalty. This is to ensure commitment to timely delivery and to cover potential costs associated with delayed shipments.
    8. Limited Involvement: BizVibe will facilitate order processing and communication between Buyers and Sellers. However, BizVibe’s involvement is limited to a period of 21 days from the order date to assist in resolving any delivery-related disputes. After this period, the contract is considered closed, and all further obligations, resolutions, and transactions rest solely between the Buyer and Seller.
  2. Failure to meet stock and delivery obligations may result in penalties or removal of listings from the platform.
18. Customer Care Policy
  1. At BizVibe, we expect Sellers to handle Buyer complaints in a professional and transparent manner. Sellers are responsible for addressing any issues or concerns raised by Buyers in a timely and effective way. This includes taking appropriate action to resolve complaints, providing clear communication, and ensuring Buyer satisfaction within the scope of the products or services offered. Sellers should maintain a high level of professionalism in all interactions with Buyers, upholding the standards of Buyer care and service expected in a business-to-business environment.
    1. Prompt and Professional Response – Sellers should respond to all Buyer complaints in a timely manner, ideally within 48 hours, in compliance with applicable laws and regulations. Responses should be courteous, professional, and focused on resolving the issue.
    2. Clear Communication – Sellers must communicate clearly with Buyers, acknowledging the issue and providing clear information on how the issue will be addressed. If further investigation is required, Sellers should inform the Buyer of the expected timeline for resolution.
    3. Fair Resolution Sellers should aim for fair and equitable resolution of complaints. Where applicable, solutions may include product replacements, refunds, or other mutually agreeable alternatives, in line with applicable laws such as the Uniform Commercial Code (UCC) or other relevant regulations.
    4. Transparency and Documentation – Sellers should maintain a clear record of all Buyer complaints and resolutions, in compliance with applicable record-keeping requirements. These records should be retained for a reasonable period as required by law, ensuring transparency and helping to address recurring issues or improve service.
    5. Escalation Procedures – If a complaint cannot be resolved directly between the Seller and the Buyer, the Seller should have a clear internal escalation process in place. This may involve higher management or utilizing a neutral third party for resolution. Dispute resolution may be conducted through arbitration, as outlined in the Seller’s acceptance of BizVibe’s Terms and Conditions.`
    6. Continuous Improvement – Sellers are encouraged to use Buyer feedback as a tool for continuous improvement, ensuring that issues are addressed not only for individual cases but to enhance overall product and service quality.
  2. By following this Code of Conduct, Sellers help ensure a positive and professional environment on BizVibe, fostering trust and long-term business relationships.
19. Ranking Parameters Policy
  1. Internal and Public Rankings: Seller rankings are determined based on Buyer feedback, ratings, and overall activity on the platform. Rankings reflect product performance, reviews, and user interactions.
  2. Search Rankings: Search results are ranked based on the relevance of keywords in the Seller’s product listings. Currently, no paid ranking options are available, but the platform may introduce paid listings or promotional features in the future.
  3. Enhancements: Products with higher engagement, such as frequent views or strong Buyer interest, may receive increased visibility within relevant product listings.
20. Feature Development and Flexibility: Certain features are currently in development and will be launched in due course. These features may be enabled or disabled at our discretion, based on evolving business needs and objectives.
21. Membership pricing details are available here. Pricing may be subject to change.
22. Users will receive a 7-day free trial of our paid plans upon registration. After the trial period ends, Users will automatically be downgraded to our free plan unless they choose to subscribe and continue with the paid plan.
23. Seller Pricing
  How you price your goods or services is entirely up to you and you can change the price for your goods or services at any time using the Platform interface.
24. Sellers have full control over the features of their sales or auctions, including setting criteria for who can bid, pricing and duration. BizVibe only provides the technological framework to manage these processes and will not influence any terms or criteria set by sellers.
25. Terms of sale for listings
  You must provide your own terms of sale for the listed goods or services, which must be disclosed in the relevant listing details and must comply with applicable law. These terms govern the specific conditions of the sale once a sale is made, or an auction is won.
26. Cancellations and refunds
  We are not responsible for dealing with cancelled orders or refunds. If you are a seller, any terms relating to the rights for buyer to cancel their order and/or receive a refund should be set out in the terms of sale for the listed goods or services as disclosed in the relevant listing details and must comply with applicable law.
27. If you are entitled to a refund, it will be processed in accordance with our Comprehensive Refund Policy.
28. Listings of goods or services by auction
  Auction listings must also clearly specify the auction terms including starting bids, reserve prices (if any), auction duration and any other information reasonably required by bidders.
29. Where Sellers select the option of selling via the private auction feature in the Platform, sellers shall be entitled to, at their sole discretion, invite individual bidders to participate in an exclusive auction. Where the private auction feature is selected:
  1. BizVibe shall ensure that the private auction can only be viewed by the seller and any of the invited bidders; and
  2. unless the seller states otherwise, all information relating to the private auction, including its existence, any buyers or prospective buyers, the goods or services listed and other relevant information shall be deemed Confidential Information as defined under Clause 13 (Confidentiality).
INFORMATION FOR BUYERS ON THE PLATFORM General sale
1. You can apply to become a buyer on the Platform here: https://marketplace.bizvibe.com/ .
2. Buyers can place an order on the Platform on goods or services made available for general sale by a seller via the Platform (“Order”).
3. When placing an Order, you agree that:
  1. your Order is an offer to enter into a contract with the person selling the services or products;
  2. successful Orders will be subject to terms of sale for the listed goods or services as disclosed by the seller in the relevant listing;
  3. you are responsible for reading the full description of the services or products and any further information that the seller provides prior to placing your Order; and
  4. you will pay for the goods or services in accordance with the terms of sale for the listed goods or services as disclosed by the seller in the relevant listing.
4. If you have purchased services, these services will begin on the appointment date as agreed between you and the seller. If you have purchased goods, these goods will be delivered to your delivery address via the delivery method you agree with the seller.
5. Auctions
  Prospective buyers can place a bid, or multiple bids on the Platform on goods or services made available for auction by a seller via the Platform (“Bid”).
6. Buyers must be able to verify a valid payment method in order to participate in auctions.
7. When placing a Bid in auctions or private auctions, you agree that:
  1. your Bid is an offer to enter into a contract with the business entity selling the goods or services;
  2. submission of a Bid does not guarantee purchase of the goods or services;
  3. will comply with the criteria set out by the seller as detailed in the auction listing (BizVibe does not have any control over such criteria);
  4. if successful, the sale of the goods or services will be subject to terms of sale for the listed goods or services as disclosed by the seller in the relevant listing details; and
  5. you cannot withdraw a Bid once the Bid is posted on the Platform and all Bids are final unless otherwise agreed by the seller. You may be able to update your Bid and re-Bid, subject to the criteria set out by the seller in the listing.
8. You may also be invited by a seller to take part in a private auction where you will be able to privately Bid against other select buyers for goods or services. All terms which would normally apply to auctions, apply equally to private auctions
9. Unless the seller states otherwise, all information relating to a private auction, including its existence, the seller, other buyers, the goods or services listed and other relevant information shall be deemed Confidential Information as defined under Clause 13 (Confidentiality).
COMPLETION OF SALES AND AUCTION TRANSACTIONS
1. Sellers and buyers are responsible for completing transactions initiated on BizVibe. This includes agreeing terms of sale as listed by the seller in the relevant listing, processing payments, and arranging for the delivery of goods or services. Sellers and buyers may choose to process payments for goods or services via the Platform but are not obliged to.
2. Once an auction concludes, if you have the winning bid (or your Bid is otherwise accepted), a separate contract comes into existence directly between the seller and the buyer to purchase the goods or services. BizVibe facilitates the initial connection but is not a party to the contract.
3. Participants in auctions commit to abide by the specific terms set forth by sellers. A buyer with the winning Bid enters into a binding agreement to purchase the auctioned item or service, subject to the auction terms as set out by the seller in the relevant listing details.
TERMINATION AND ACCOUNT SUSPENSION OR CANCELLATION
1. BizVibe reserves the right to terminate these Terms, terminate or suspend your account or remove, suspend or restrict individual listings, bar access to the Platform and/or prevent you from creating further accounts on the Platform, including if:
  1. you breach (or your actions are likely to result in a breach of) the Terms;
  2. in our opinion, you may be infringing the rights of third parties (including intellectual property rights);
  3. we believe you do not have the legal right or authority to goods or services you list on the Platform;
  4. we consider that your acts or omissions may threaten the security of the Platform or any third party, including the distribution of any malicious malware or viruses;
  5. in our opinion, you are rude or abusive towards other Users;
  6. you harvest or collect information about the prices, strategy or data of other Users without their consent;
  7. you use data scraping (or similar automated extraction tools) to extract information from the Platform;
  8. we are unable to verify or authenticate the information you have provided to us for the authorization or invoicing of fees or other charges;
  9. you fail to pay any fees or other charges as and when they are due and payable;
  10. you are located in or your use of the Platform takes place in or will take place in any territory in which it is not permitted under local law or you or any of your owners, employees, agents or representatives are on any of the HM Treasury Sanctions List, the OFAC Sanctions List, the EU Consolidated List of Sanctions, or the UN Sanctions List;
  11. we have a legal or regulatory obligation to do so;
  12. in our opinion, we consider it necessary given your past, current or anticipated behavior, conduct, acts or omissions;
  13. you’ve become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under these Terms is at risk;
  14. we reasonably determine, or receive information or notice from any tax authority, that you are not meeting your tax obligations; and/or
  15. we become aware, or have reason to believe, that what you’ve told us about your goods or services or said about your goods or services in the listing for it is not true or up to date or that the listing doesn’t comply with these Terms or is otherwise unlawful.
2. Users may cancel their accounts at any time through the Platform’s interface or by contacting BizVibe support directly at support@bizvibe.com. Please note that, if you are in a dispute with another User, you will not be able to cancel your account until the dispute has been resolved.
3. Upon any termination, discontinuation, or cancellation of services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, fees, ownership provisions, warranty disclaimers, indemnities, and limitations of liability. On termination of your account for any reason, you must pay all outstanding fees. Any licences we grant to you will also terminate.
RESTRICTIONS ON USE
1. By using the Platform, you agree to:
  1. Not infringe the rights (including intellectual property rights) of BizVibe, other Users and third parties;
  2. Not distribute data or representations that are illegal, untrue, misleading or otherwise offensive;
  3. Deal in good faith with BizVibe and other Users; and
  4. Not overload the Platform.
2. Failure to comply with this Clause 8 (Restrictions on Use) constitutes a material breach of these Terms. Failure to comply with this Clause 8 (Restrictions on Use), or breach of the Terms may result in our taking any action we may deem appropriate including all or any of the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use or access the Platform, including accessing or making any listings;
  2. immediate, temporary or permanent removal of any material uploaded by you to the Platform Website, including any listings;
  3. issue of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, or further legal action against you; and/or
  5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
3. By using the Platform, you also agree to observe the following rules:
  1. to comply with these Terms and all applicable laws in force;
  2. to respect the rights of third parties; and
  3. you agree to refrain from engaging in the following actions:
    1. use of any insulting or defamatory content;
    2. unreasonably annoying communications (such as spam) with any other User;
    3. use or promotion of any commercial practices considered unfair competition;
    4. use, without authorization of any contents protected by law, or advertisement, promotion, offer or distribution of any goods or services protected by law; and/or
    5. use of any content that violates any applicable legislation for the protection of minors; or advertisement or promotion, offer or distribution of any goods or services which do not comply with any applicable legislation for the protection of minors.
4. All Users of the Platform are prohibited from the following:
  1. distributing or publicly disclosing the contents of the Platform or any other User without their consent;
  2. blocking, overwriting, modifying and copying of any content from the Platform;
  3. employing any mechanisms, software or scripts for harvesting information when using the Platform;
  4. sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with our content standards (see, Clauses 4.11, 4.13, 4.15, and 8.4 , and the Terms of Sale and Use ( https://www.bizvibe.com/terms-of-sale-and-use/ ));
  5. transmitting, or procuring the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  6. knowingly transmitting or introducing any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  7. violating any local, state, national, or international law or regulation or permitting any illegal activities;
  8. attempting to interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  9. bringing BizVibe into disrepute;
  10. being libelous, misleading or defamatory;
  11. breaching or circumventing any laws or our policies;
  12. threatening or inciting violence towards individuals or entities, or that violates the privacy or publicity rights of any third party.
  13. impersonating another person or accessing another User’s account without permission; or
  14. using the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner
FEES
1. If you are a buyer and you win a bid that you participate in, BizVibe will charge you the lower of $5000 or 5% of the final value for items you buy on the Platform (excluding VAT or other taxes) (the “Commission”).
2. You authorize BizVibe to automatically charge your chosen payment method in accordance with these Terms and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for the Commission and future charges and fees incurred in relation to the Platform. If payments or amounts owed to BizVibe cannot be completed through the payment method on file for any reason, you are still required to pay BizVibe all unpaid amounts and BizVibe reserves the right to seek reimbursement through other means plus any additional costs incurred by BizVibe in seeking reimbursement. You can change your payment method in your Platform account at any time.
3. You are required to have a valid payment method on file. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel. If you are late in paying any fees or we are unable to charge fees to the card registered to your Platform account, we may (at our sole discretion) suspend your access to the Platform until such amounts are received in full or terminate your Platform account and/or your access to the Platform.
4. If we are not able to deduct fees in accordance with Clause 9.2, you will be invoiced for these fees at a later date. We will send payment reminder notifications. If these fees are not received by us within 30 days from the date of our invoice, then we may, at our sole discretion:
  1. Change your account status to dormant, until such time as the overdue fees are paid. Account services may not be used whilst accounts are dormant;
  2. Transfer the right to receive, recover or pursue such amounts to a third party and you will be liable to us and/or the third party for any associated costs; and/or
  3. Notify a commercial credit reporting agency.
5. All amounts are non-refundable and charged in US dollars (USD). You are responsible for any transaction fees incurred.
6. Fees will be processed by BizVibe via the Platform using a third-party payment processor (Stripe). You will not be charged any third-party payment processing fees.
7. We have the right to make changes to the fees we charge from time to time, although we will provide you with at least thirty (30) days’ notice of such a change. Any such changes will not apply to any Commission due by you for sales entered into by you during the thirty (30) day notice period.
8. The fees do not include any Taxes. If BizVibe are obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with an authorized tax exemption certificate from the appropriate taxing authority. The reporting and payment of any such applicable Taxes are your responsibility. “Taxes” means any duties, customs fees, withholdings or taxes (other than income tax), including any related penalties or interest. You must comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Platform.
9. We reserve the right to retain fees (including Commission) or other charges paid if your access and use of the Platform is limited, suspended or terminated in accordance with these Terms or if a sale is cancelled or otherwise not completed for any reason whatsoever (whether by BizVibe, the buyer, seller or a third party).
10. BizVibe does not process payments between buyers to sellers. Users must arrange for payment through agreed-upon methods. The Platform may facilitate communication or provide integration with third-party payment services but is not responsible for the processing of payments or resolution of payment disputes.
11. All fees are exclusive of Sales Tax.
INTELLECTUAL PROPERTY RIGHTS
Platform licence
1. You acknowledge that all intellectual property rights in the Platform belong to BizVibe, or (if applicable) its licensors. You will not acquire any rights to the Platform (or the intellectual property rights contained in it) from your use of the Platform, other than as expressly described in these Terms.
2. You have a non-exclusive, non-transferable, revocable licence to view, access and use the Platform for such time as it is made available by us strictly in accordance with these Terms.
3. Subject to any pre-existing rights that third parties may have, Users retain all rights to the text, images, videos, and other content, data or information (including trademarks and branding) they upload to the Platform (collectively, “User Content”). If your User Content contains material and/or content owned or generated by another person or entity, you must ensure that you have permission from that person or entity to use such material and/or content before posting it on the Platform.
4. You grant us a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, fully-paid up, perpetual (or for the duration of any copyright or other rights in such content) licence to host, use, reproduce, display, publish, adapt, prepare derivative works of and distribute User Content you provide to us in connection with you and your goods or services for the purposes of listing and selling your goods or services on the Platform and operating, improving and marketing the Platform, or other BizVibe services in any media.
5. To the fullest extent permitted under applicable law, you waive your moral rights in the User Content and promise not to assert such rights or any other intellectual property rights you have in the User Content against us, our sublicensees or our assignees.
6. All content provided by BizVibe on the Platform, including but not limited to the design, text, graphics, interfaces, trademarks and branding is the property of BizVibe (or its licensors) and is protected by intellectual property laws. BizVibe’s trademarks, trade dress or branding may not be used by you without the prior written consent of BizVibe.
7. BizVibe is committed to continuous improvement and innovation. We welcome and encourage feedback from our Users regarding the Platform’s features, usability, and services. Users may have the opportunity to participate in beta testing or provide feedback on new services and features. Participation is voluntary, and Users are encouraged to provide honest and constructive feedback.
8. Any feedback, ideas or suggestions you send us via the Platform will be treated as non-confidential and non-proprietary. You agree that we are in perpetuity free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in any feedback you provide to us for any purpose including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
TAKE DOWN NOTICE PROCESS
1. If you believe that any intellectual property rights held by you or a person on whose behalf you are authorized to act have been infringed, you should notify us in writing using our online form here.
2. We have a process in place to respond to your concerns. You must provide the following information:
  1. identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and location of such material;
  2. the date and time the material was posted;
  3. the username of the person who posted the material;
  4. reasons why the material should be deleted, along with evidence of this;
  5. copies of any communication with the person who posted it (if any);
  6. your name, address, daytime phone number, and email address, if available.
3. We will take appropriate steps, at our sole discretion, to protect the intellectual property rights of third parties if we receive your notice in accordance with the provisions required by the E-commerce Regulations 2002 or other similar applicable regulations or provisions.
DATA PROTECTION
1. “Data Protection Law" means, in relation to each party, all applicable U.S. federal and state data privacy and protection laws, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) where applicable, and other similar state-level privacy statutes, and the Data Protection Act 2018, as amended or replaced from time to time, including by UK GDPR. The terms “business,” “service provider,” “personal information,” “consumer,” and “processing” shall have the meanings given to them under applicable U.S. Data Protection Laws.
2. The parties warrant on a continuous basis that they shall comply with their obligations under applicable Data Protection Law with respect to the collection, use, disclosure, and retention of Personal Information.
3. We will process personal data you provide to us in accordance with our Privacy Notice.
4. You agree that we may collect and use Usage Data to:
  Identify system errors, analyze usage statistics, and improve the performance and functionality of the Platform;
  Compile and analyze aggregated statistical or performance information for internal or external reporting and enhancement of services; and
  Incorporate any suggestions, enhancements, recommendations, or feedback you provide—directly or indirectly—into the Platform or other products and services offered by us.
  “Usage Data” means data related to your use of the Platform, including but not limited to: activity related to listing, advertising, purchasing, or selling goods or services; frequency and nature of your access to the Platform; performance metrics, ratings, and other aggregated behavioral or technical data. Usage Data may be anonymized or de-identified for analytics purposes in accordance with applicable law. You agree that we can incorporate or use any suggestions, enhancements, recommendations or other feedback received from you (either directly or indirectly) into the Platform or any other BizVibe goods or services. “Usage Data” means data and information relating to or arising from your use of the Platform, including data regarding the listing, advertising, purchasing or selling of goods or services; duration, consistency and manner of your access or use of the Platform, your performance or ratings and other statistical information
5. You further agree that Sellers’ listings may be used to market, advertise, and promote our site.
CONFIDENTIALITY
1. “Confidential Information” shall include: (i) any confidential materials uploaded by Users to the Platform, including any information relating to private auctions; and (ii) all information disclosed by one party to the other which is either marked as “confidential” or which would be regarded as confidential by a reasonable businessperson.
2. You and we shall keep Confidential Information confidential and must not disclose Confidential Information, except to affiliates, officers, employees, agents or subcontractors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential.
3. You and we must implement appropriate technical, physical and organizational security measures to safeguard the confidentiality of Confidential Information.
4. You or we may disclose Confidential Information when required by law including without limitation in response to a lawful witness summons, subpoena or similar compulsory process received from a regulatory body, governmental agency or similar body or a court of competent jurisdiction, after giving reasonable notice to the other party, if giving such notice is legally permissible, such notice to be sufficient to give the other party the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.
LIMITATION OF LIABILITY
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes but is not limited to liability for death or personal injury caused by negligence and for fraud or fraudulent misrepresentation.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLATFORM, OR USE OF, OR RELIANCE ON, THE PLATFORM OR USER CONTENT.
3. Except for liabilities which cannot be limited or excluded under applicable law, we will not be liable for:
  1. the actions of Users, the quality of goods or services or the failure of any party to fulfil their transactional obligations;
  2. any loss or damage you suffer or may suffer as a result of or in connection with a transaction or dispute with another User;
  3. any third-party material made available on/in our Platform or contained on any third-party website that it links to;
  4. loss of profits, sales, business, or revenue;
  5. business interruption;
  6. wasted expenses;
  7. loss of anticipated savings;
  8. loss of business or business opportunity;
  9. loss or corruption of data;
  10. loss of goodwill or reputation; or
  11. any indirect or consequential loss or damage.
4. Except for liabilities which cannot be limited or excluded under applicable law, our total aggregate liability arising out of or in relation to these Terms (whether in contract or in tort or under any other theory of liability) will not exceed the greater of: (i) the total amount paid by you to us for the transaction in question preceding the date on which the event giving rise to the claim, or claims occurred; or (ii) $100. The foregoing will not limit a seller’s payment obligations under these Terms.
INDEMNIFICATION
1. You shall indemnify us and hold us harmless against any losses, costs, liabilities, fees (including reasonable attorneys’ fees) and expenses suffered or incurred by us as a result of:
  1. any claim that the use of your User Content by us in accordance with these Terms infringes the rights (including intellectual property rights) of any third party;
  2. any use by you of our intellectual property rights other than in accordance with these Terms;
  3. any claim made against us arising out of a contract that you have entered into with another User;
  4. any breach of these Terms;
  5. your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms;
  6. your acts or omissions with respect to another User’s Content; and/or
  7. any tax penalties and interest (“Tax Liabilities”) that may result from your use of the Platform. To the fullest extent permitted by applicable law, you agree that: (i) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (ii) you are solely responsible and liable for payment of Tax Liabilities; and (iii) you shall not seek reimbursement from us for Tax Liabilities.
WE ARE NOT RESPONSIBLE FOR VIRUSES
1. We cannot guarantee the speed or security of the Platform. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses, etc., and any damage that they may cause or loss that you may suffer, directly or indirectly, as a result of a virus attack that is traced to our Platform.
2. You are responsible for configuring your information technology, computer programs and platforms to access our Platform. You should use your own virus protection software.
LINKS TO OUR PLATFORM
1. Links to, and embedding text from, our Platform are permitted but only provided that the linking site or object meets the standards that apply as set out in Clause 8 (Restrictions on Use). We reserve the right that links and embedded text be removed from any linking site or object at our sole discretion at any time.
2. We will not allow any use of our logo as a ‘hot’ link to our Platform unless we approve the establishment of such a link in advance and in writing.
3. Where our Platform contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
4. Any contract concluded with a third-party company of a linked site will be between you and that company only and will be subject to their terms and conditions. You are responsible for viewing and complying with the terms and conditions posted at the linked sites.
MODIFICATIONS TO THE TERM
1. BizVibe reserves the right to make changes to the Platform, for example to add new features or modify or discontinue (temporarily or permanently) components of the Platform, in part or in whole. We may modify these Terms at any time and Users will be notified of significant changes, which will become effective upon posting on our website. Continued use of the Platform following any modifications constitutes acceptance of the new terms, which shall become effective upon posting on our website.
ENVIRONMENTAL AND SOCIAL RESPONSIBILITY
1. Encouragement of Sustainability. BizVibe encourages Users to adopt sustainable practices in their transactions, including eco-friendly packaging and shipping methods, and the sale of sustainable products.
2. Community Support. Users are encouraged to support community initiatives through the Platform, including charitable auctions or sales benefiting social causes.
3. Fair Trade. BizVibe supports fair trade practices and expects Users to engage in ethical conduct towards each other and the broader community. Discrimination, exploitation, or any form of unethical behaviour is not tolerated.
COMPLIANCE WITH TRADE LAWS
1. Compliance with Export Controls. Users engaging in international transactions must comply with all applicable export and import control laws and regulations.
2. Sanctions and Restrictions. Users must ensure they are not dealing with entities or individuals subject to international sanctions or embargoes.
MISCELLANEOUS
1. Entire Agreement. These Terms constitute the entire agreement between Users and Bizvibe regarding the use of the Platform, superseding any prior agreements between the User and BizVibe. By accessing and using the Platform, Users acknowledge that they have read, understood, and agreed to be bound by these terms. Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
2. No Waiver. The failure, or delay of BizVibe to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
3. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. Compliance with Anti-Bribery Laws. In performance of its obligations under these Terms, each party will comply with all applicable commercial and public anti-bribery laws, including the Bribery Act 2010 and the U.S. Foreign Corrupt Practices Act of 1977, which prohibits corrupt offers of anything of value, either directly or indirectly, to a government official to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties. Each party will not make any facilitation payments, which are payments to induce officials to perform routine functions they are otherwise obligated to perform.
5. No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
6. No Third-Party Beneficiaries. These Terms does not confer any benefits on any third party (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) unless it expressly states that it does. No BizVibe content may be used or relied on by any third party without our prior written consent, such consent will not be unreasonably withheld but may be subject to applicable fees.
7. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond their reasonable control, save for any obligations by you to pay any fees due under these Terms.
8. Assignment. Subject to the remainder of this clause, neither you or we may assign, novate, subcontract or otherwise transfer these Terms, in whole or in part, to any entity or person without the written consent of the other. Infiniti Research may subcontract its obligations under these Terms without notice. Either you or we may upon written notice to the other assign or novate these Terms to a successor entity in the event of an acquisition, merger or restructuring, whether by equity or asset transfer. Any other attempt to assign, novate, subcontract or otherwise transfer these Terms is void.
9. Notices. All notices of termination or breach must be in English, in writing and addressed to the other party’s primary contact person or legal department. Notice will be treated as given on receipt, as verified by a valid receipt, electronic log or other valid evidence of service.
10. Amendments. Save for changes made in accordance with Clause 18 (Modifications to the Terms) or our changes to the fees in accordance with Clause 9 (Fees), no variation of these Terms shall be effective unless it is in writing and signed by you and us.
11. Dispute resolution. Users are encouraged to resolve disputes directly with the other party. BizVibe may offer guidance or mediation assistance but is not obligated to participate in dispute resolution. If a dispute arises between you and us: the parties shall within 30 days of a written request from one party to the other, meet in a good faith and attempt to resolve the dispute; and if the dispute is not resolved or the meeting does not take place within that time, the dispute shall be referred to and finally resolved by arbitration as set forth below. The language to be used in the arbitration shall be English; the governing law of the contract shall be as set forth below; the number of arbitrators shall be three; and the seat, or legal place, of arbitration shall be as set forth below. The arbitration shall be binding.
  For Users domiciled in the United States or Canada: Any dispute arising under or in connection with these Terms that is not first resolved by the parties shall be determined and settled exclusively by an arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be selected pursuant to such Rules. The place of arbitration shall be Chicago, United States of America. Any award rendered in such arbitration shall be final and binding on both parties and judgement may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator may only award actual damages and shall not have the right to award any other damages, including punitive, incidental or consequential damages.
  For Users domiciled in India: Any dispute arising under or in connection with these Terms that is not first resolved by the parties shall be determined and settled exclusively by an arbitrator in accordance with the Commercial Arbitration Rules of the Arbitration Council of India then in effect. The arbitrator shall be selected pursuant to such Rules. The place of arbitration shall be Bangalore, Karnataka, India. Any award rendered in such arbitration shall be final and binding on both parties and judgement may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator may only award actual damages and shall not have the right to award any other damages, including punitive, incidental or consequential damages.
  For Users not domiciled in the United States or Canada: Save for the early issuing of a claim in order to avoid the lapse of a limitation period at law, applying for injunctive relief which is necessary in order to prevent or mitigate loss or damage to property, intellectual property rights or loss of confidentiality, no party may commence any court proceedings in relation to any dispute arising out of or in connection with this Agreement. If any such dispute arises: (a) the parties shall within 30 days of a written request from one party to the other, meet in a good faith and attempt to resolve the dispute; and (b) if the dispute is not resolved or the meeting does not take place within that time, the dispute shall be referred to and finally resolved by arbitration under the LCIA Arbitration Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the arbitration shall be English; the governing law of the contract shall be English law; the number of arbitrators shall be three; and the seat, or legal place, of arbitration shall be London, United Kingdom. The arbitration shall be binding.

Governing law and jurisdiction - Which Infiniti Research entity is the User contracting with?

For all references to “Infiniti Research”, “BizVibe”, “we”, “us” or “our” under these Terms, what law will apply in any dispute or lawsuit arising out of or in connection with these Terms and which courts have exclusive jurisdiction over any such dispute or lawsuit, depends on which of the following locations the User is domiciled.

Domicile	Infiniti Research Contracting Party	Governing Laws	Venue
United States or Canada	Infiniti Research, Inc.	Illinois, USA	Chicago, Illinois
India	Infiniti Research Marketing Solutions India Pvt., Ltd.	Karnataka, India	Bengaluru, India
Rest of world (except USA, Canada, and India)	Infiniti Research Limited	England and Wales	London, England

Governing Law and Jurisdiction. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law identified herein based on domicile of the User in the context of the above table, without regard to conflicts of laws, or rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue identified therein will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and solicitor’s or attorneys’ fees.
For Users based in the United States or Canada:
These Terms are governed by and construed in accordance with the law of the State of Illinois, without giving effect to any choice of law or conflict of laws rules or provisions of any jurisdiction that would cause the application of the laws of any jurisdiction other than the State of Illinois, and subject to Clause 21.11, the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Cook County, Illinois (and the applicable state and federal appellate courts), in relation to any dispute (contractual or non-contractual) concerning these Terms save that either of us may apply to any court having jurisdiction over both of us for an injunction or other relief to protect its tangible property, intellectual property rights or Confidential Information.
For Users based in India:
These Terms are governed by and construed in accordance with the law of the State of Karnataka, without giving effect to any choice of law or conflict of laws rules or provisions of any jurisdiction that would cause the application of the laws of any other jurisdiction, and subject to Clause 21.11, the parties irrevocably submit to the exclusive jurisdiction of the Courts of Karnataka in relation to any dispute (contractual or non-contractual) concerning these Terms save that either of us may apply to any court having jurisdiction over both of us for an injunction or other relief to protect its tangible property, intellectual property rights or Confidential Information.
For Users not based in the United States, Canada, or India:
These Terms are governed by English law, without giving effect to any choice of law or conflict of laws rules or provisions of any jurisdiction that would cause the application of the laws of any jurisdiction other than English law, and, subject to Clause 21.11, the parties submit to the exclusive jurisdiction of the English Courts sitting in London, England, in relation to any dispute (contractual or non-contractual) concerning these Terms save that either of us may apply to any court having jurisdiction over both of us for an injunction or other relief to protect its tangible property, intellectual property rights or Confidential Information.