Terms of sale and use for www.bizvibe.com

TERMS OF SALE AND USE

Last updated October 2020

  1. These Terms of Sale and Use (the “Terms”) set out the terms and conditions upon which we, Businessvibes Network International Inc./BizVibe.com/our parent company Infiniti Research Ltd., and our affiliates and associated offices (collectively “BizVibe”, “Infiniti Research”, “we”, “us”, “our”,) make available our website (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 (each a “User”, “you”, “your”).

  2. By using our Website, Content or Services, 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 Website, Content or Services. We recommend that you print a copy of these Terms for future reference.

  3. If you have any questions, complaints or other requests you can contact us at hello@bizvibe.com.

  4. In joining BizVibe.com, you should be able to identify yourself as a director, officer or an employee of a company and act solely as an agent of that company to fill in all the mandatory fields on the registration forms to become a member of BizVibe.com. 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 our website or register with BizVibe.com.

  5. 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. You waive any claim and/or legal action against BizVibe.com if you do not receive service messages from BizVibe.com sent by email to the address you have provided.

  6. Once registered, you are solely responsible for maintaining the confidentiality of your login and password. This must not be communicated to or shared with third parties. In no case will BizVibe.com be held responsible for the loss of your username and/or password. In the event that you misuse the login and authentication login/password, BizVibe.com reserves 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.

  7. You hereby agree to indemnify BizVibe.com against any claim, fine or damages resulting from such misuse. BizVibe.com does not have the means to check the identity of people registering for its services. BizVibe.com 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 Email: hello@bizvibe.com or by post at: Infiniti Research Limited, 8 Wimpole Street, London, W1G 9SP, United Kingdom.

  8. Before inviting other contacts, members must warrant that such individuals have given their consent to be contacted by BizVibe.com.


  9. In the case of paid services, you are entitled within a period of fourteen calendar days, from the date of subscription, to exercise your right of withdrawal without penalty and without cause. However, the right of withdrawal cannot be exercised once you have accessed the features associated with this service.

  10. BizVibe.com reserves the right to deactivate the accounts of members who have not connected to the service for a period of three months or more.

  11. Restrictions of Use
    11.1 By using BizVibe.com, you agree to:
    (i) Respect the intellectual property of BizVibe.com, other users and third parties
    (ii) Not distribute data or representations that are untrue or misleading
    (iii) Deal in good faith with BizVibe.com and other users
    (iv) Not overload the BizVibe.com service
    11.2 By using BizVibe.com, you also agree to observe the following rules:
    (i) To comply with all applicable laws in force, respect the rights of third parties and refrain from engaging in the following actions:
    (ii) Use of any insulting or defamatory content, regardless of whether said contents are directed at another user or BizVibe.com personnel or other companies
    (iii) Unreasonably annoying (particularly with spam) any other user
    (iv) Use or promotion of any commercial practices considered unfair competition
    (v) Use without authorization of any contents protected by law, or advertisement, promotion, offer or distribution of any goods or services protected by law
    (vi) Use of any content that violates any applicable legislation for the protection of minors; or advertisement or promotion, offer or distribution of any products which do not comply with any applicable legislation for the protection of minors
    11.3 All users of BizVibe.com are prohibited from the following:
    (i) Distributing or publicly disclosing the contents of the BizVibe.com website or any other user
    (ii) Blocking, overwriting, modifying and copying of any content from BizVibe.com
    (iii) Employing any mechanisms, software or scripts when using BizVibe.com


    LICENSE TYPES: WE OFFER THE FOLLOWING LICENSE TYPES:

  12. Buyers
    12.1 Buyer     – Product Features
    (i) Supplier Profiles
    (ii) Supplier Tracking
    (iii) Find new suppliers
    (iv) Float RFI/RFP
    12.2 Buyer – Product Details
    (i) Free License: Access up to 10 new company profiles. (Send us your list of 10 companies and we will provide you free access usually within 3 working days.)
    (ii) Single User License: Access up to 1,000 new companies per month. Monthly updates
    (iii) Group License (10 users): For 10 Single User Licenses
    (iv) Enterprise License: please contact us. API access possible
  13. Sellers
    13.1 Seller     – Product Features
    (i) Company Profiles
    (ii) Competitive landscape (by country, by region, global)
    (iii) Industry Insights (310 industries)
    13.2 Seller – Product Details
    (i) Free License: Free. Access up to 10 new company profiles(Send us your list of 10 companies and we will provide you free access usually within 3 working days.)
    (ii) Single User License: Access up to 1,000 new companies per month. Monthly updates
    (iii) Group License (10 users): For 10 Single User Licenses
    (iv) Enterprise License: please contact us. API access possible
  14. Research
    14.1 Research     – Product Features
    (i) Company Profiles
    (ii) Competitive landscape (by country, by region, global)
    (iii) Industry Insights (310 industries)
    14.2 Research – Product Details
    (i) Free License: Free. Access up to 10 new company profiles (Send us your list of 10 companies and we will provide you free access usually within 3 working days.)
    (ii) Single User License: Access up to 1,000 new companies per month. Monthly updates
    (iii) Group License (10 Users): For 10 Single User Licenses
    (iv) Enterprise License: please contact us. API access possible


    PAYMENT

  15. Customers shall pay invoices immediately on receipt.

  16. You shall pay to us all invoiced amounts in full, without any set-off, counterclaim or deduction, and in accordance with license.

  17. Unless you object, we may keep your payment details, for e.g. credit card details, for up to 2 years after the last transaction to facilitate future payments.

    RENEWAL

  18. In case of paid membership, your membership will be renewed automatically on the same terms at the end of your subscription. You can stop automatic renewal of your paid membership at any time by informing us at least ten working days in advance.

  19. Termination: Due to the nature of our information services which are consumed instantly upon receipt, we operate a no returns policy.

  20. You can delete your BizVibe.com account at any time without having to provide any notice. The deletion of your account and of your personal details will be effective within fourteen working days.

  21. In case of paid memberships, you will not be entitled to a refund for the remainder of your subscription. In the event of a breach on your part of this agreement, BizVibe.com reserves the right to suspend or terminate your account without notification or compensation. This termination shall occur without prejudice to all damages and interests that may be claimed against you by BizVibe.com or its assignees and legal representatives as remedy for any damages incurred as a result of such failures.


    WHAT WE PROVIDE

  22. Our Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Content.

  23. We do not intend and are not authorized to give financial advice, so you should not rely on the information provided on our Website or in our Content when making an investment decision. You should consult an appropriate professional for any financial advice to meet your needs. None of the information on our Website or in our Content is to form the basis of or be relied on in connection with any agreement or arrangement that you may at any time enter into with us or any third party.

  24. We shall not be responsible or liable for any losses or damage that anyone may suffer as a result of relying on the information provided on our Website or in our Content, nor shall any of the companies in our group.

  25. Although we make reasonable efforts to update our Content, where appropriate, we make no representations, warranties or guarantees, whether express or implied, that our Content is accurate, complete or up to date.


    USER-GENERATED CONTENT

  26. This Website may include information and materials uploaded by other Users, including to bulletin boards and chat rooms or chat facilities. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Website do not represent our views or values.

  27. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other Users, you must comply with the content standards set out in these Terms of Sale and Use, and you further warrant that any personal data included in uploads will comply with applicable data protection law.

  28. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

  29. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other Users a limited licence to use, store and copy that content and to distribute and make it available to third parties. You agree that we may use any ideas, concepts, know-how, or techniques that you send us for any purpose.

  30. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

  31. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Terms of Sale and Use.

  32. You are solely responsible for securing and backing up your content.


    INTELLECTUAL PROPERTY

  33. Infiniti Research grants the Customer a limited, revocable, worldwide, non-transferable right to use BizVibe content for the duration of the license term.

  34. Infiniti Research grants the Customer the exclusive, irrevocable, worldwide right to use any product developed exclusively for the Customer.

  35. All the trademarks, logos, graphics, photographs, animations, videos and texts included on the BizVibe.com Website are the intellectual property of BizVibe.com or its partners and may not be reproduced, used or represented by third parties without the prior written consent of BizVibe.com.

  36. BizVibe.com grants usage rights under digital format on your computer for the purpose of browsing our website. Printing is authorized only for private use. Any other use is prohibited without the prior written consent of BizVibe.com.

  37. Any content posted by a member on the BizVibe.com website in which member owns or licenses copyright is subject to a non-exclusive, royalty-free, sub licensable, transferable license from member to BizVibe.com. This license specifically grants BizVibe.com the right to reproduce, represent, adapt, translate, digitize, use for advertising, commercial or non-commercial purposes, to sub-license any of your content and to modify the aforementioned content to respect the graphic appearance of the BizVibe.com site and/or make it compatible with its technical performance requirements.

  38. Members agree not to post any content that infringes third-party intellectual property rights and shall indemnify and hold harmless BizVibe.com in respect of any third-party claims regarding intellectual property rights in content posted by members.

  39. You are prohibited from copying, reproducing, downloading, distributing, transmitting, modifying, commercially exploiting and/or distributing in any manner whatsoever the content of the BizVibe.com site, subject to your rights in content posted by you.

  40. All mentioned logos, copyrights, trademarks and service marks are those of their respective owners.


    OUR LIABILITY

  41. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation and any applicable consumer rights.

  42. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website, Content or Services.

  43. 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, our Website, Content or Services, or use of, or reliance on, our Website, Content or Services or User-generated content.

  44. In particular, we will not be liable for:
    o loss of profits, sales, business, or revenue;
    o business interruption;
    o wasted expenses;
    o loss of anticipated savings;
    o loss of business opportunity, goodwill or reputation; or
    o any indirect or consequential loss or damage


  45. We exclude our liability for all action we may take in response to breaches of these Terms.


  46. Unless you are an authorised User please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    WE ARE NOT RESPONSIBLE FOR VIRUSES

  47. We cannot guarantee the speed or security of the Website, Content and Services. 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 Website, Content and Services.

  48. You are responsible for configuring your information technology, computer programmes and platform to access our Website, Content and Services. You should use your own virus protection software.


    LINKS TO OUR WEBSITE, CONTENT OR SERVICES

  49. Links to, and embedding text from, our Website, Content and Services are permitted but only provided that the linking site or object meets the standards that apply to each Contribution as set out in our Terms of Sale and Use Policy. We reserve the right that links and embedded text be removed from any linking site or object at our sole discretion at any time.

  50. We will not allow any use of our logo as a ‘hot’ link to our Website, Content and Services unless we approve the establishment of such a link in advance and in writing.

  51. Where our Website, Content and Services 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.

  52. We exclude all liability for any third-party material made available on/in our Website, Content and Services or contained on any third-party website that it links to. 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 Privacy Policy and Terms of Sale and Use posted at the linked sites.


    COPYRIGHT TAKE DOWN NOTICE PROCESS

  53. 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 our legal department in writing using our online form here. We have a process in place to respond to your concerns.You must provide the following information:
    • 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;
    • in case of a claim of copyright infringement, identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;
    • your name, address, daytime phone number, and email address, if available;
    • a statement that you have a good-faith belief that the use of the work is not authorized by the owner, his or her agent, or the law;
    • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner;
    • a copy of any copyright or related registration evidencing your claim or intellectual property right or ownership; and
    • a physical or electronic signature reflecting that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

    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 Digital Millennium Copyright Act.

    DATA PROTECTION

  54. Data Protection Law” means in relation to each party the data protection and data privacy laws applicable to that party, including, where applicable, the Data Protection Act 2018, as amended or replaced from time to time. The terms “controller”, “processor”, “personal data”, “processing” or similar terms shall have the meaning as defined in the Data Protection Law.

  55. The parties agree that for the purposes of Data Protection Law, each party is a controller in relation to the personal data in Reports (collectively, the “Report Personal Data”).

  56. Each party warrants on a continuous basis to the other party that it shall comply with its obligations under applicable Data Protection Law in relation to all processing of Report Personal Data.

  57. We will process personal data you provide to us in accordance with our Privacy Notice.


    CONFIDENTIALITY

  58. Each party shall keep Confidential Information confidential and must not disclose Confidential Information, except to its 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.

  59. Customer must implement appropriate technical, physical and organisational security measures to safeguard the confidentiality of Confidential Information.

  60. You 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 us, if giving such notice is legally permissible, such notice to be sufficient to give us the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.


    MISCELLANEOUS

  61. Assignment. Subject to the remainder of this clause, neither party may assign, novate, subcontract or otherwise transfer the Agreement, in whole or in part, to any entity or person without the written consent of the other. Infiniti Research may subcontract its obligations under this Agreement without notice. Either party may upon written notice to the other party assign or novate this Agreement 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 the Agreement is void. Neither party may hold this Agreement on trust for any other person.

  62. If any term of this Agreement, in whole or in part, is invalid, illegal or unenforceable, the rest of the Agreement will continue in force unaffected.

  63. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

  64. No Waiver. Neither party will be treated as having waived any rights by not exercising, or delaying the exercise of, any rights under this Agreement.

  65. No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.

  66. No Third-Party Beneficiaries. This Agreement 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 the prior written consent of Infiniti Research; such consent will not be unreasonably withheld but may be subject to applicable fees.

  67. 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.

  68. Compliance with Anti-Bribery Laws. In performance of its obligations under this Agreement, 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 (“Anti-Bribery Laws”), 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. Furthermore, each party will not make any facilitation payments, which are payments to induce officials to perform routine functions they are otherwise obligated to perform.

  69. Dispute Resolution. 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, IPR 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.

  70. Governing Law and Jurisdiction. This Agreement is governed by English law, and, subject to clause 69, the parties submit to the exclusive jurisdiction of English Courts, in relation to any dispute (contractual or non-contractual) concerning this Agreement save that either party may apply to any court for an injunction or other relief to protect its property, IPR or Confidential Information.
BizVibe has redefined the concept of B2B networking by helping buyers select the right supplier. Our platform is designed to help companies generate leads, shortlist suppliers, request for proposals, and identify global companies.

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