Terms and conditions
BizCoCity - TERMS AND CONDITIONS
Last Updated – September 30, 2014
The terms and conditions within this Terms and Conditions statement govern the use of our website, and by using our website you agree with and fully accept the terms and conditions as stated. By accessing and using the website or products and services provided by BizCoCity, you, the end user or customer agree to our Terms and Conditions and represent and warrant that you have the power, right and authority to agree to and be bound by these terms, be it for commercial use or for personal use.
For the purposes of simplicity within document our Company, website or operations may be referred to as “The Company” or “BizCoCity” and any individual (you as the reader but not limited to you, yourself) who uses, accesses or interacts with our website or other content may be referred to as “The Customer”, “User” or “Member” (implying a membership has been accessed by said user). The term “author” may also be used to describe a Member who has created or listed any content to or through the website
We reserve the right to update these terms and conditions without prior notice or consent of “The Customer”. The “Last Updated” date indicated at the top of this document can be used to ensure you have read the most up to date version of these Terms and Conditions. Any questions, comments or concerns regarding this agreement can be sent to us by email at firstname.lastname@example.org.
BizCoCity - License to use website – Acceptable Use
Unless otherwise stated or intended BizCoCity and/or its licensors and clients own the intellectual property rights of the website and material included, displayed or contained within the website. Subject to the license below, these intellectual property rights are reserved by The Company.
You may not, without our express written consent:
- Republish any material from this website (including republication to other websites) however you may publish links to pages on our website from other websites.
- Sell, Sub-license or “rent” any material from the website
- Publicly exhibit any material from the website
- Duplicate, reproduce, copy or, in any way, exploit the material on this website for a commercial purpose; including editing or modifying information from the website or redistributing material from the website with the exception of any content expressly and specifically intended to be shared or redistributed
- Redistribute any information deemed as confidential unless within your organization.
Company Communications Policy
The Company utilizes email as an essential primary communication channel with users, customers and members. As a user, registered user or member, The Customer hereby grants and acknowledges The Company the right and the permission to communicate with The Customer via email (as well as any other communication channels, if deemed necessary, such as telephone and fax) for any purpose that The Company deems to be relevant including but not limited to: system messages or notifications, product updates, product or service announcements, other miscellaneous information or announcements, verification purposes as well as any other marketing message or communication. The Company will apply its best efforts to honor The Customer's request to opt out of marketing messages in due time, but under no circumstances will The Company have any liability for sending any communication to its users or registered users/customers. The Company assures The Customer that under no circumstances will it knowingly or willingly share or disclose any personal and/or email information with any third party unless otherwise requested and authorized by The Customer. The Company is under no obligation to share this info, even at the request of The Customer.
Submission and Administration of Listings and Profiles
The Customer is required to be authorized and receive all necessary rights to author any data posted on The Website as listing, profile or other content from the respective owner of said content or information unless proprietary. This includes but is not limited to financial information, business information and descriptions, contact information, photos or any other information which may be used to publish a listing or otherwise a profile on The Company’s Website. By publishing this content, a Customer is affirming, at their liability, that they have the right to and are therefore responsible for any damages caused to any third party to whom this information may be proprietary or otherwise held by Trademark or Copyright. The Customer may not submit or publish this information if they are not permitted to by the owner of the information. Customers also agree not to submit any content, image or text, which contains anything deemed to be inappropriate or to contain inappropriate content. The Company reserves the right to remove any Listing, Profile or content which violates this provision or any other provision within the Terms and Conditions.
***Dependant inclusion: “If we offer an ‘until sold’ business listing package”
“… Each listing purchased by Customer on BizBuySell is permitted for one business for sale opportunity/entity, and may not be changed or edited in an attempt to sell a different business entity.”
The responsibilities of The Customer with respect to listings and profiles content are:
- Any information associated with the business(es) by the customer and customer details associated with profile are exact and accurate
- Posting of a business or content on BizCoCity may not be posted under a name or identification other than that of the business or its agents unless otherwise under agreement by the owner of this business to market the business on their behalf
- Any changes in information that was provided through the website by an author or member with respect to listings, profiles and other applicable content must be updated to ensure the relevance and accuracy of information on our website.
The Company additionally reserves the right to remove or not display any Listing or Profile in part or in full for any purpose deemed to be in the best interest of The Company as well as any purpose deemed to be in the interest of responsibility and necessity. The Customer is solely responsible to verify and confirm the accuracy of any content posted or submitted through the site, and The Company reserves the right to indemnity from any misrepresentations made by The Customer. The Company makes all efforts, within reason, to back-up and secure your data within our website and server, however, The Customer is solely responsible for keeping their own back-ups or copies of all information provided to The Company to publish a Listing or Profile in the instance that our redundancy has failed. This applies to any and all content authored by any user.
Use of User-Side Information (Content Related)
The Company collects information from The Customer for product and service related purposes including but not limited to Listings, Profiles, Directory listings (Broker and Franchisor), Historical and Trend related reports as well as general site usage statistics. This Content is proprietary to The Company and its partners or licensors in cases applicable to partners or licensors.
Any information that is collected by The Company and made available to The Customer as content on our website is proprietary to The Company and is under protection of international intellectual property rights and laws, respective to jurisdiction, be it by the company or individual licensors who hold copyright of said information unless otherwise deemed to be within our indicated jurisdiction as per these terms and conditions.
The Company cannot, by any means, guarantee the accuracy of any website content provided by The Customers and warns its users that they are accessing it at their own risk. The Customer has the right to access The Company’s content exclusively to obtain information from which further review, evaluation and investigation may begin. The Customer shall limit use and access of The Company’s content to personal and internal use, and shall not use The Company’s content obtained from the Products and Services to further distribute, publicize or display or for development of derivative works or to facilitate any such activities in any way similar. The Customer does not have the right to use or reproduce any content obtained from The Company for purposes directly or indirectly relating to any other listings service (online or physical) or product. The Customer may not reuse any portion of information belonging to The Company directly or by any means, be it modified, merged, decompiled, translated, disassembled and reassembled, decoded and recoded or reverse engineered, in any part. This also restricts the use of software for automated data collection activities, any data mining, gathering or use of extraction tool, robot, spider or any other automated or manual process to monitor, copy or reproduce any content supplied by The Company. The Customer agrees that they shall not use this website to store, copy, host, send or transmit, use, publish, distribute or redistribute any material which consists of (or may be linked to) any type of spyware, computer virus, Trojan, worm, keystroke logger, root-kit or other computer software deemed to be malicious in nature. Competitors, indirect or direct, of The Company may not access or use any segment or part thereof of our website, products and services, nor may they transmit any such data to any third party. This includes but is not limited to other online advertising services such as internet listing services, classified services or any other types of websites serving as meet up or introduction services for business community members as well as any agents or employees or contractors, direct or indirect, thereof. Any customers found to be violating the terms specifically set forth within this agreement may be subject to account and membership termination, may be charged a fee for abusive or excessive use or be liable for damages resulting in legal recourse.
Terms of Payment
The Company offers a variety of Products and Services to The Customer. The Customer may purchase Products and Services which are applicable to The Customer’s business activities and in doing so, The Customer agrees to pay for any and all products and services purchased from The Company or its Partners. By agreeing to pay for these services and by filling out the transaction information required to do so, The Customer is authorizing that these details may be used to draft the due amount from your payment provider through our payment processor. Payments may be made in real-time as well as in instances where recurring payments are authorized for membership services provided. As per our disclaimer, a user is required to notify us in advance should they wish to unsubscribe either via the resource provided within the system or by writing. Be aware that there may be a delay of up to 2 working days regarding the receipt and acknowledgement of such requests. Cancellations with respect to Franchisor Type products are subject to different terms which are specified in the provisions relating to Franchisors. Although we apply lenience with The Customer as part of a responsible business practice, payment of fees shall not be contingent on any unforeseeable events other than the delivery by The Company of the ordered Products and Services. Any legal, court, collection or attorney cost incurred as a result of collection of any delinquent amounts that have not been officially disputed will be the responsibility of The Customer to be paid or otherwise repaid. If your payments lapse, cease or are not current, The Company reserves the right to terminate any products, services or deliverables outstanding payment by The Customer. Any subscription based fees are not refundable regardless of if the request for cancellation has come before the end of a billing period. Fees paid for any provided products or services are non-refundable provided that the purchased product or service was provided by The Company to The Customer. With respect to recurring payments, it is the responsibility of The Customer to ensure that the financial info on the account is up to date and valid, in order to avoid any potential service interruptions or for the customer to ensure that a package has been cancelled in order to terminate the process of auto-renewal.
Unsolicited Commercial Email, Spam, and Abuse (with respect to Messaging)
Provisions with respect to License Grant and Ownership
Intellectual property rights are retained by The Company as well as all other rights, titles and interest associated with BizCoCity’s website(s) and all fundamental data, technology, information, including any and all enhancements or improvements thereof as a result of providing the products and services as outlined by The Company. The Customer or any other user will not, nor will they allow others to copy, use, sell, lease, disclose, reverse engineer, decompile, disassemble, combine, or transfer any underlying programming, source code, site structure, layouts or sequences of The Company's content and technology nor delete or alter any copyright notices, either manually or via the use of any type of automation or automated process. It is strictly prohibited for The Customer to allow their user account or membership to be accessed or used by anyone but themselves as it is solely for their own use. Additionally, The Customer is forbidden and bound to not use any products or services provided by the company for any activity deemed as illegal, unlawful or otherwise offensive, discriminatory or defamatory. The Customer is fully liable in cases where our products and services are used in this manner. The Company is further indemnified from any damages caused by misuse by The Customer and other users in all respects.
Definition and explanation of Intellectual Property Rights
For the purpose of this document, Intellectual Property Rights is defined universally as all intellectual property rights in all past, existing and future media versions and elements throughout the duration that The Company upholds these rights arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship/ownership including without limitation copyrights, moral rights, copyright applications, synchronization rights, copyright registrations; (b) business rights associated with trademarks, service marks, trade names, logos, characteristics of the visual appearance, proprietary design and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of any trade secrets, data and/or confidential information; (d) rights similar to those set forth within this definition and any and all proprietary rights relating to incorporeal property; and (e) relating to divisions, perpetuation or continuation, renewals, reissuance, and extensions of the foregoing (as and to the extent applicable) currently existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL BizCoCity BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR PROFITABILITY, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR FAILURE TO PROVIDE SERVICES, OR PROVIDE INFORMATION AVAILABLE FROM OUR SERVER), EVEN IF BizCoCity HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AS PER THIS AGREEMENT.
As per this agreement, The Company’s liability may not exceed the package or subscriptions fees paid by The Customer for the service. If The Company fails to provide the service as intended The Customers remedy may not exclude a refund in full or in part of these amounts paid. The Customer thereby indemnifies The Company and its personnel (employees, agents, developers, officers and directors) from any and all liability or damages or liability based on damages as a result directly with The Customer or by any other person(s) other than The Customer which results directly or indirectly from the usage of the website and its services.
THE LISTINGS, PROFILES AND SERVICE ARE PROVIDED "AS IS" WITHOUT LEGAL WARRANTY OF ANY KIND FROM THE COMPANY. THE COMPANY ESTABLISHES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, PROFILES OR SERVICE, INCLUDING THE ACCURACY, OPERATION, CONFORMITY OF ANY REPRESENTATION OR DESCRIPTION, AS WELL AS THE EXISTENCE OF ANY UNSEEN OR PATENT DEFECTS. THE COMPANY SPECIFICALLY DISCLAIMS ALL AND/OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND NONINFRINGEMENT. UNDER THE GOVERNING LAW OF ANY APPLICABLE COUNTRY, PROVINCE OR STATE, ANY CONDITIONS WHICH ARE IMPLIED OF REASONABLE QUALITY AND ACCEPTANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU
Provisions regarding Linking to Third Party Sites and Services
Miscellaneous items and Other Rights of Company
The Customer agrees to grant The Company, including its licensees, affiliates and third party affiliates the right to distribute any information provided to the Company with respect to listings, profiles, messages, comments and otherwise any other matter to which they retain authorship on our website to be published or shared without prior notice to the Author or The Customer. Such sharing of information grants The Company as well as affiliates and Third-Parties the right to use, reproduce, modify, create derivative content, sell or distribute or take any other similar action to publish or republish the content in part or in full, worldwide, and via any means considered to be necessary by The Company. The Company is entitled to the unrestricted use and distribution via any channel it deems effective and beneficial for the distribution of any content published. The Company may refuse service to anyone at anytime at its discretion and may remove any content in full or partially from the website.
The Company is not responsible to (a) Participate in dispute resolution between third parties or Customers; or (b) Verify that the content is used appropriately by other Customers or third parties; or (c) Ensure that the Author of any content type has created content in accordance with our terms and conditions
The agreement, in whole or in part as well as the products and services provided by The Company are governed with respect to the laws on The Province of Quebec. All parties in agreement with these terms and conditions hereby consent that the exclusive venue and jurisdiction will be that of the City of Montreal within the Province of Quebec.
If any provision or term within this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall condition to the benefit of the parties (The Customer and The Company) and their respective successors and permitted assigns. The rights provided under this Agreement or any license granted hereunder may not be assigned, reassigned, sublicensed or otherwise transferred by The Customer without the prior written consent of The Company, which retains the absolute right to withhold consent at its sole discretion. The terms and conditions contained within this agreement constitute the entire agreement between the parties (The Company and The Customer) and supersede any and all previous agreements and understanding, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to The Company must be in writing and must be sent registered mail, certified mail, via a recognized logistics firm or overnight mail to the Manager or Director at The Company.
Provisions with respect to Children or Minors
BizCoCity does not direct its message toward individuals under the age of 18 nor do we intentionally collect any information from minors. By using our website, you are agreeing that you are over 18 years of age or the appropriate age to use a site of this nature in accordance with the laws within your local legal jurisdiction. As the consenting user of our website and by agreeing to our terms and conditions, you are liable and responsible to adhere with your local laws of governance and that you are the minimum age required to use this website within your local jurisdiction.
In accordance with 47 U.S.C. Section 230 (d) as amended, with the inclusion of other locality based laws, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are available and may assist you in limiting access to material that is not suitable for minors. Information identifying reputable providers of such protection is available via sites such as http://www.parentalsoftware.org. Please note, that as a general guideline for this website, any information, images or depictions considered to be unacceptable in nature can be removed at our discretion to further ensure the protection of children or minors who otherwise may be accessing this site.
Provisions with respect to Memberships and Products
Certain responsibilities with respect to memberships are placed on The Customer. We have included a variety of features but with the addition of these, come the possibility of abuse or unscrupulous use. Guidelines will be available throughout the site experience; however it is recommended that you refer to this document for a fully detailed description of your rights and responsibilities as per our Terms and Conditions.
Terms of Membership – Brokerage and Broker Agent Profiles
The Company provides a product and service option, the ability to create a Brokerage and Broker agent profiles which is exclusively for use by genuine business brokers. Therefore, the access to these products and services and creation of Broker or Franchisor profiles are specifically granted solely to Business Broker or Franchisor Companies who have opted and are entitled to receive the products and services. By creating a profile as a Business Broker you are affirming that you are a business broker authorized to act as an intermediary for business transactions. Due to the nature of licensing of Business Brokers varying from area to area, you (The Customer) are solely responsible to determine which areas you are legally entitled to serve when entering the AREAS SERVED within your profile. Customers subscribed and having created a Broker Type Profile may otherwise not use this product to sell a business if they are a proprietor - full or part, employee of, or hold share or financial stake within said business being offered for sale. In this instance The Customer in question will be required to create an independent listing to avoid any conflict of interest based thereof. Multiple listing packages may be selected at the discretion of the Broker. Upon selecting a package of listings, a Broker Organization may assign listings to Broker Agents who operate within that Broker Organizations respective office. Broker organizations with multiple offices are hereby made aware that they must purchase a separate bundle for each individual office that they operate. Customers who have subscribed and have published a Broker Profile are aware that they may not share, redistribute or transfer any information or content otherwise owned or authored by The Company or its Customers. Terms applied Broker Profile Ownership or Authorship may be changed at the discretion of The Company. Only the Brokerage itself or its agent and employees have the right to access any account held by the organization or profile holder within the organization. The right to access your account cannot be transferred, shared, assigned or sublicensed to any individual or organization outside of your company without the express written consent of the company. The Company may refuse the right to access or use and can cancel the account of any member, including Broker members if they do not abide by our terms and conditions or otherwise violates any of our terms or use their account in a manner deemed abusive by The Company. Additionally The Company may restrict the use of the website to any company or customer whose account has become delinquent or unpaid and may unrestricted these accounts at their discretion once the delinquency has been resolved.
For the convenience of The Customer, all subscriptions are automatically renewed unless The Customer opts-out of or cancels the service in accordance with the time frames respective of our terms and conditions and website policies. The Company will provide notification to all users with paid subscriptions as it may reserve the right to change it prices or billing/subscription periods or processors at any time at its own discretion.
Restrictions with respect to Listings and Content
A user may create multiple unpublished listings at their discretion before purchasing a package or subscription from The Company. In order to publish these listings to the website the user will need to purchase a subscription and will then be responsible to publish these listings as this is not done automatically to ensure that any published content if first approved by the authors, themselves. A user will be able to publish as many listings as are allotted by the package(s) that they have purchased within the respective timeframe of the subscription. A user may have published as many listings as they have available to them and may publish or un-publish these listings at any time at their discretion. Any listings added to the website must meet the standards of our terms and conditions and if are found to be in violation will therefore face the resolve of The Company in accordance with our procedures.
Broker Directory Provisions – Brokerage and Broker Agents Profiles
Broker Directory and Broker Profile (Brokerage and Agent) may be held only by existing and confirmed business brokers. The Company must verify the information in order to ensure that the profile created is in fact held by the actual Brokerage and Agents in order to ensure that the content is proprietary of the Brokerage. Therefore by creating Brokerage and/or Broker Agent profiles you are attesting that you are in fact the agent or employee responsible at the respective Brokerage to create and manage this content. The Company has the right, at its discretion to deem an account to be invalid if it does not pass the approval process which may be as simple as a telephone call to the registered agent or a review of data collected online to ensure the correct data association between the business and credentials entered. The Company also has the right to request that the Customer edits the profile if it is found to be in any type of violation of any provision within the terms and conditions of this agreement.
A brokerage profile must be associated to all of its agents that wish to participate on the website with respect to the products and services. The Brokerage account owner may add their broker agents by adding their email addresses within the system as requested. These agents will then be sent the request to come on the site and select their own passwords so they may manage their own agent accounts. As a brokerage profile owner you will have access rights to all content published by your agents which includes the right and ability to assign, modify, publish or unpublish any agent’s listings as well as any listings that are authored or assigned to the Brokerage Profile.
Our broker directory will allow the listings to display on both the Profile of the Brokerage as well as the Profile of the Broker Agents themselves. A Brokerage Profile will show, in results form, any existing agents which are associated through the account; therefore it will be the responsibility of the Brokerage Profile owner to manage and remove any Agent Profiles which are no longer valid or to make updates to their details to ensure the accuracy of information on our website.
Broker Agents are required to accept the terms and conditions of our site and should be aware that the brokerage account holds the ultimate right to remove and revoke the agent’s right to the account. The company may monitor the profiles from time to time to ensure that there are no duplicates or republished invalid content (applies to profiles and listings) that is being used abusively to further a brokers presence within the directory. The company may remove or modify any content deemed abusive and will notify the profile owner or take steps to ensure that actions are taken to prevent future abuse in the future.
FRANCHISOR DIRECTORY/OPPORTUNITY PROVISIONS
The Company offers to Franchisors or those who represent Franchisors the ability to create a unique profile as well as the ability to advertise specific opportunities via the site. The following provisions relate to the terms and conditions of this service.
Provisions with Respect to Franchise Directory
The Company provides a directory listing service to The Customer of BizCoCity who would like to advertise and list franchise opportunities or include their profile on our website for promotional and marketing purposes. We provide the option to our Franchisor clients to advertise on a Pay-Per-Lead basis throughout the duration of membership for a fixed monthly amount, plus the addition of any leads received above the included amount and of a set-up fee as we will create a profile as per The Customer’s specification. Once the profile is created it is submitted to The Customer who will reserve the right to review the prototype profile and request updates and refinements at this time. Additional or future revisions may be at the expense of The Customer although provisions may be made at the discretion of The Company for minor updates. The customer will be billed ongoing on a month to month basis, until such a time as they decide to cancel the service. A franchisor subscribed to this service is required to notify us XX#XX days in advance in they wish to cancel the service for the following month. All monthly fees are required to be paid upfront and the balance of any received leads will be billed at the end of that month.
Provisions with Respect to Leads Obtained - Franchise Directory and Listings
The Company provides leads to franchisors as per our product outline. A “Lead” would in this case be defined as “the identification of a person or organization that has the interest and authority to engage them with the respective Franchisor”. Minimally, a lead should contain a name and a method to contact the prospect. Although we have put safeguards in place to ensure validity of these prospects, it is possible that from time to time a prospect may not send a valid info request or generic requests are sent by an automated fashion. Leads are submitted through the website and it is understood that they are therefore completed by users while on the webpage.
Acceptance of Entire Agreement