BizEquals Terms of use

Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website and it's associated subdomains (collectively known as “Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site, and You will also be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with, and be bound by, these Terms of Use, you must stop using Our Site immediately.

Our website and associated subdomains consist of the following sites and their individual subpages:

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Free Listing” means a Free membership listing posted on Our Site by a User, providing details of that User’s business;

“Paid Listing” means a Growth, Premium or Marketplace Seller (Gold, Platinum) membership listing posted on Our Site by a User, in exchange for a subscription fee, providing details of that User’s business, products and services, prospects and events;

“Affiliate Listing” means that we may earn a commission if you click on an affiliate link in some of our Listings and make a purchase.

“Listed Business” means any business featured in a Free or Paid Listing;

“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;

“Third Party Advertising” means advertising displayed on Our Site in addition to Free and Paid Listings, as detailed in Clause 9;

“User” means a user of Our Site; and

“We/Us/Our” means BizEquals Ltd, a company registered in England with company number 08957713, whose registered address is 86-90 Paul Street, London, EC2A 4NE.

2. Information About Us

2.1 Our Site is owned and operated by BizEquals Ltd, a limited company registered in England with company number 08957713, whose registered address is 86-90 Paul Street, London, EC2A 4NE.

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts and Reviews

4.1 Certain parts of Our Site (including the ability to post Free and Paid Listings) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.

4.3 When creating an Account, you warrant that the information you provide is accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 18.

4.7 If you have a Premium subscription listing, you must take all reasonable precautions to prevent the benefits of your Account being accessed by unauthorised third-parties. If We become aware of any breaches to this agreement then We reserve the right to automatically close your Account.

4.8 If you fail to continue with the payments for a paid listing, your Account will automatically be downgraded to a Free Listing if you have a Growth or Premium Paid Listing. Your paid features will no longer be accessible. If you have a Marketplace Seller listing, your information and Listings will be removed from Our Site.

4.9 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information and Listings from Our Site. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. We are unable to refund any monies already paid as part of a paid subscription plan.

4.10 If you close and delete your Account, any Listing(s) you have posted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.

4.11 When you sign up to an Account, you will be able to post Reviews of other Listings. They are designed to be able to provide constructive feedback for other Users of the Site.

4.12 You agree that you will be solely responsible for your User Reviews. Specifically, you agree, represent and warrant that you have the right to submit the User Reviews, that any facts stated are accurate and true, that opinions stated are genuinely held, and that all such User Reviews will comply with Our Acceptable Usage Policy, detailed below in Clause 13.

4.13 You (or your licensors, as appropriate) retain ownership of your User Reviews and all intellectual property rights subsisting therein. When you submit a User Review you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence it for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Review within Our Site.

4.14 We may pre-screen, reject, reclassify, edit, or remove any User Review(s) from Our Site including, but not limited to, circumstances where, in Our sole opinion, they violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Review(s) in question should be removed as a result.

4.15 When you sign up to an Account, you are able to contact other Account holders and agree that other Account holders can contact you, via the BizEquals messaging system. These messages and their content are subject to the terms set out below in sub-clause 13.2.

4.16 In order to maintain a community of active users, which we believe is to the benefit of all other Members, every Free Account will expire after 12 months. Each Account can be easily renewed by following the links on the Dashboard. Every Paid Listing can also be easily renewed.

5. Intellectual Property Rights

5.1 With the exception of Free and Paid Listings, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Free Listings and Paid Listings) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print one copy of any page(s) from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

6. Listings

6.1 An Account is required if you wish to submit a Listing. Please refer to Clause 4 for more information.

6.2 You agree that you will be solely responsible for your Listing(s). Specifically, you agree, represent and warrant that you have the right to submit the Listing(s) and that all information in the Listing(s) is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Listing(s) will comply with Our Acceptable Usage Policy, detailed below in Clause 13.

6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4 You (or your licensors, as appropriate) retain ownership of the content of your Listing(s) and all intellectual property rights subsisting therein. By submitting a Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Listing for the purposes of operating and promoting Our Site.

6.5 If you wish to remove a Listing from Our Site, you may do so by deleting it within your account dashboard. Removing a Listing also revokes the licence granted to Us to use that Listing under sub-Clause 6.4. Please note, however, that caching or references to your Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6 We may reject, reclassify, or remove any Listing from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Listing in question should be removed as a result.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page of Our Site.

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission

7.4 You may not link to Our Site from any other site the main content of which contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10 implies any form of affiliation with Us where none exists;

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

8.1  Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Advertising

9.1 We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.

9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3 We are not responsible for the content of any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

10.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, or any involvement in, any Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business. All transactions you engage in with these sites are solely between you and the respective external entity, and any disputes arising from such interactions shall be resolved exclusively between you and the respective external entity.

11. Our Liability

11.1 The provisions of this Clause 11 apply only to the use of Our Site and Free and Paid Listings.

11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Listing) included on Our Site.

11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Listings) included on Our Site.

11.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage due to any exchanges or communication with other Users; or for any future business relationship that may be established between Users.

11.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

11.6 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

12. Viruses, Malware and Security

12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5.

12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage Policy

13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

13.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

13.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

13.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

13.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2 When submitting a Listing, writing a Review, sending a Message or communicating in any other way using Our Site you must not submit, communicate or otherwise do anything that:

13.2.1 is sexually explicit;

13.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

13.2.3 promotes violence;

13.2.4 promotes or assists in any form of unlawful activity;

13.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

13.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

13.2.7 is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);

13.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

13.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);

13.2.10 implies any form of affiliation with Us where none exists;

13.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

13.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

13.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

13.3.1 suspend or remove your Listing(s);

13.3.2 issue you with a written warning;

13.3.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

13.3.4 take further legal action against you as appropriate;

13.3.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

13.3.6 any other actions which We deem reasonably appropriate (and lawful).

13.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

14. Privacy and Cookies

14.1  Use of Our Site is also governed by Our Privacy Policy, which incorporates our Cookie Policy. These policies are incorporated into these Terms of Use by this reference.

15. Changes to these Terms of Use

15.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

15.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

16. Contacting Us

To contact Us, please go to Our contact page.

17. Communications from Us

17.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Privacy policy, Cookies Policy and changes to your Account.

17.2 For questions or complaints about communications from Us you can contact Us here or via our Contact page.

18. How We Use Your Personal Information (Data Protection)

18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the UK General Data Protection Regulation which sits alongside an amended version of the Data Protection Act 2018 (“GDPR”) and your rights under the GDPR.

18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.

19. Other Important Terms

19.1 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.

19.2 You may not transfer (assign) your obligations and rights hereunder without Our express written permission.

19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Use.

19.4 If any of the provisions of these Terms of Use are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Use. The remainder of these Terms of Use shall be valid and enforceable.

19.5 No failure or delay by Us in exercising any of Our rights under these Terms of Use means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Use means that We will waive any subsequent breach of the same or any other provision.

19.6 These Terms of Use constitute the entire agreement between Us and you with respect to your purchase of Paid Listings from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Use and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

20. Law and Jurisdiction

20.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

20.2 Any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.