TERMS OF SALE AND USE
Last updated February 2022
- These Terms of Sale and Use (the “Terms”) set out the terms and conditions upon which we, Infiniti Research Ltd., registered company number 04922062, VAT number GB859910775, of 8 Wimpole Street, London W1G 9SP, UK and our affiliates and associated offices, through our BizVibe brand (collectively “Infiniti Research”, “BizVibe”, “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”, “Customer”, “you”, “your”). ). ‘We’, ‘our’ and ‘us’ also refer to the applicable Infiniti Research entity in the section entitled ‘Which Infiniti Research entity is the Customer contracting with?’ below.
- 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.
- If you have any questions, complaints or other requests you can contact us at hello@bizvibe.com.
- 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. BizVibe.com Users must be business users, over the age of 18. 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.
- 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 Infiniti Research if you do not receive service messages from Infiniti Research sent by email to the address you have provided.
- 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 Infiniti Research be held responsible for the loss of your username and/or password. In the event that you misuse the login and authentication login/password, 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.
- You hereby agree to indemnify Infiniti Research against any claim, fine or damages resulting from such misuse. 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 Email: hello@bizvibe.com or by post at: Infiniti Research Limited, 8 Wimpole Street, London, W1G 9SP, United Kingdom.
- Before inviting other contacts, members must warrant that such individuals have given their consent to be contacted by BizVibe.com.
- Infiniti Research reserves the right to deactivate the accounts of members who have not connected to the service for a period of three months or more. Such Users will not be entitled to a refund.
- This version of these Terms was published on February 1st, 2022.
- Restrictions of Use
11.1 By using BizVibe.com, you agree to:
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(i) Respect the intellectual property of BizVibe.com, other users and third parties;
(ii) Not distribute data or representations that are illegal, untrue, misleading or otherwise offensive;
(iii) Deal in good faith with BizVibe.com and other users; and
(iv) Not overload the BizVibe.com service.
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(i) Immediate, temporary or permanent withdrawal of your right to use or access our Website, Content and Services including without limitation any Reports or Subscription Service under the Sale and Subscription Terms.
(ii) Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
(iii) Issue of a warning to you.
(iv) 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.
(v) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
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(i) To comply with these Terms and all applicable laws in force;
(ii) To respect the rights of third parties. and
(iii) You agree to refrain from engaging in the following actions:
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a. Use of any insulting or defamatory content, regardless of whether said contents are directed at another user or BizVibe.com personnel or other companies;
b. Unreasonably annoying communications (such as spam) with any other user;
c. Use or promotion of any commercial practices considered unfair competition;
d. 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
e. 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.
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a. Use of any insulting or defamatory content, regardless of whether said contents are directed at another user or BizVibe.com personnel or other companies;
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(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 for harvesting information when using BizVibe.com;
(iv) Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with our content standards;
(v) Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
(vi) 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.
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(i) Respect the intellectual property of BizVibe.com, other users and third parties;
12.1 Buyer – Product Features
If you purchase a licence as a buyer, you will be able to:
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(i) Access Supplier Profiles;
(ii) Create Intro Events;
(iii) Create RFI Events;
(iv) Create RFP Events;
(v) Create Categories;
(vi) Add Users/Licenses;
(vii) Track Company News; and
(viii) Utilise ERP Integration (SAP Ariba).
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(i) Starter License: Upon email verification, each User can access up to 30 free company profiles, can create 2 Intro Events, 2 RFI Events, 2 RFP Events and unlimited Categories per year.
(ii) Pro License: Each User can access up to 300 companies, can create 100 Intro Events, 100 RFI Events, 100 RFP Events and unlimited Categories per year. 15 additional users/licenses may be added, 50 “Company News” may be tracked and ERP Integration (SAP Ariba) is included.
(iii) Premium License: Each User can access up to 750 company profiles, and can create 250 Intro Events, 250 RFI Events, 250 RFP Events and unlimited Categories per year. 50 additional users/licenses may be added, 100 “Company News” items may be tracked and ERP Integration (SAP Ariba) is included.
(iv) Enterprise License: Users may access an unlimited number of profiles per year, and can create an unlimited number of Intro Events, RFI Events and RFP Events, and unlimited Categories per year. 51 + additional users/licenses may be added, unlimited “Company News” items may be tracked and ERP Integration (SAP Ariba) is included. Pricing is customised based on User requirements.
| Buyer | ||||
|---|---|---|---|---|
| Features (limits are per user per year) | Starter | Pro | Premium | Enterprise |
| Profiles (you can view) | 30 | 300 | 750 | Unlimited |
| Intro Event (you can create) | 2 | 100 | 250 | Unlimited |
| RFI Event (you can create) | 2 | 100 | 250 | Unlimited |
| RFP Event (you can create) | 2 | 100 | 250 | Unlimited |
| Categories (you can create) | Unlimited | Unlimited | Unlimited | Unlimited |
| No. of Users/Licenses you can add | 1 | 15 | 50 | 51+ |
| Company News (you can track) | NA | 50 | 100 | Unlimited |
| ERP Integration (SAP Ariba) | NA | Yes | Yes | Yes |
| Pricing | Free | $9.99 (+ taxes, as applicable) per user per month | $20 (+ taxes, as applicable) per user per month | Customised based on requirements |
| Additional Events | $10 (+ taxes, as applicable) per event | $10 (+ taxes, as applicable) per event | $10 (+ taxes, as applicable) per event | NA |
13.1 Seller – Product Features
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If you purchase a licence as a seller, you will be able to:
(i) Access Company Profiles;
(ii) Create Intro Events;
(iii) Create RFI Events;
(iv) Create RFP Events;
(v) Add Users/Licenses;
(vi) Track Company News; and
(vii) Utilise CRM Integration (Salesforce and MS Dynamics).
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(i) Starter: Free. Users can access up to 30 company profiles, and can create 1 Intro Event, 1 RFI Event, 1 RFP Event per year. 1 additional User/License may be added. (On email verification, users can access 30 free profiles.)
(ii) Pro: Users can access up to 300 companies, and can create 12 Intro Events, 12 RFI Events, 12 RFP Events per year. 15 additional users/licenses may be added, 50 “Company News” items may be tracked and CRM Integration (Salesforce and MS Dynamics) is included.
(iii) Premium: Users may access up to 750 company profiles per year, and can create 30 Intro Events, 30 RFI Events, 30 RFP Events per year. 50 additional users/licenses may be added, 100 “Company News” items may be tracked and CRM Integration (Salesforce and MS Dynamics) is included.
(iv) Enterprise License: Users may access an unlimited number of profiles per year and can create an unlimited number of Intro Events, RFI Events and RFP Events. 51+ additional users/licenses may be added. Unlimited “Company News” items may be tracked and CRM Integration (Salesforce and MS Dynamics) is included. Pricing available on request.
| Seller | ||||
|---|---|---|---|---|
| Features (limits are per user per year) | Free | Pro | Premium | Enterprise |
| Profiles (you can view) | 30 | 300 | 750 | Unlimited |
| Intro Event (you can participate on invitation) | 1 | 12 | 30 | Unlimited |
| RFI Event (you can participate on invitation) | 1 | 12 | 30 | Unlimited |
| RFP Event (you can participate on invitation) | 1 | 12 | 30 | Unlimited |
| No. of Users/Licenses you can add | 1 | 15 | 50 | 51 |
| Company News (you can track) | NA | 50 | 100 | Unlimited |
| CRM Integration (Salesforce and MS Dynamics) | NA | Yes | Yes | Yes |
| Pricing | Free | $9.99 (+ taxes, as applicable) per user per month | $20.00 (+ taxes, as applicable) per user per month | Customised, based on requirements |
| Additional Events | $10 (+ taxes, as applicable) per event | $10 (+ taxes, as applicable) per event | $10 (+ taxes, as applicable) per event | NA |
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) wasted expenses;
(iv) loss of anticipated savings;
(v) loss of business opportunity, goodwill or reputation; or
(vi) any indirect or consequential loss or damage.
(i) 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;
(ii) the date and time the material was posted;
(iii) the username of the person who posted the material;
(iv) reasons why the material should be deleted, along with evidence of this;
(v) copies of any communication with the person who posted it (if any); and
(vi) your name, address, daytime phone number, and email address, if available;
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.
| Domicile | Infiniti Research Contracting Party | Governing Laws | Venue |
|---|---|---|---|
| United States | Infiniti Research, Inc. | Illinois, USA | Chicago, Illinois |
| Canada | Infiniti Research Marketing Solutions Limited | Ontario, Canada | Toronto, ON |
| Rest of world (except USA and Canada) | Infiniti Research Limited | England and Wales | London, England |
For Customers based in the United States:
Any dispute arising under or in connection with this Engagement 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 Customers based in Canada:
Any dispute arising under or in connection with this Engagement 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 Canadian Arbitration Association then in effect. The arbitrator shall be selected pursuant to such Rules. The place of arbitration shall be Toronto, Canada. 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 Customers not based 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, 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.
The Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law below, without regard to conflicts of laws, rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Agreement 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 the Contract, the prevailing party will be entitled to recover its reasonable costs and solicitor’s fees.
For Customers based in the United States:
This Agreement is governed by the law of the state of Illinois, and, subject to clause 69, the parties submit to the exclusive jurisdiction of the Courts of Illinois, 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.
For Customers based in Canada:
This Agreement is governed by the law of the state of Ontario, and, subject to clause 69, the parties submit to the exclusive jurisdiction of the Courts of Toronto, Ontario, 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.
For Customers not based in the United States or Canada:
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.
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