Website Terms and Conditions (“Terms of Use”)
(updated February 2014)
BIZEZIA LIMITED
Welcome to BIZEZIA LIMITED at https://onesmartplace.com (“the Website”).
In order to use the Website you must agree to BIZEZIA LIMITED’S Terms of Use. Please read the following Terms of Use carefully. By accessing, browsing, and using the Website, you agree to be bound by these Terms of Use, which include these terms and conditions, all policies and guidelines incorporated by reference, and any subsequent changes to the foregoing.
If you do not agree to the Terms of Use, or any subsequent modifications, please do not access, browse or otherwise use this site.
Notwithstanding any Terms of Use, BIZEZIA LIMITED reserves the right, without notice and in its sole discretion, to terminate your right to use this site, and to block or prevent future access to and use of the site.
Questions or comments about the Website or its contents should be directed to mpollins@bizezia.com
Terms of Use
Your use of the Website and any other associated website operated by BIZEZIA LIMITED and accessed by you through the Website (“Associated Website”) shall be governed by these Terms of Use, unless express provision is made to the contrary by BIZEZIA LIMITED in writing.
Modification of Terms
BIZEZIA LIMITED reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the site. Your continued use of this site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time so as to understand the terms and conditions.
Privacy Policy
Please see our Privacy Policy for further details.
Site License and Access
You agree that the material and content contained on or within the Website or any Associated Website or transmitted to you is for your personal use only and may not be used for any other purpose unless you are expressly authorised to do so.
Other non personal purposes include, (without limitation):
(a) any resale or commercial use of the site or content therein;
(b) the collection and use of any product listings or descriptions;
(c) making derivative uses of the site and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods.
You may not use, frame or utilize framing techniques to enclose any BIZEZIA LIMITED trademark, logo or other proprietary information (including the images found at this site, the content of any text or the layout/design of any page or form contained on a page) without BIZEZIA LIMITED ‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a BIZEZIA LIMITED name, trademark, or product name without BIZEZIA LIMITED’S express written consent.
Any unauthorized use of the Website or any Affiliated Website will automatically terminate the permission or license granted and may violate applicable law including copyright laws, trademark laws and communications regulations and statutes.
Copyright, Trade Marks and Intellectual Property
All images, graphics, audio clips, video clips, text and other materials on the Website are protected by copyright or database rights owned or licensed to BIZEZIA LIMITED. All trademarks, company names and logos on the Website, registered or unregistered are the property of BIZEZIA LIMITED, or have been licensed to BIZEZIA LIMITED for use on the Website.
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright BIZEZIA LIMITED or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use or use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of BIZEZIA LIMITED. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website
BIZEZIA LIMITED will provide the Website and its content and links using reasonable care and skill.
You acknowledge that any material and/or information downloaded or otherwise obtained through the use of the Website is at your own discretion and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
BIZEZIA LIMITED shall use reasonable endeavours to keep the Website free from viruses and corrupt files but does not warrant that the Website is free from infection by viruses or anything else with contaminating or destructive properties.
Use of the Website
You guarantee that the registration information that you provide to BIZEZIA LIMITED is accurate, complete and up to date.
You agree that you shall not use the Website to:
(a) upload, post, email or otherwise transmit or receive any obscene, defamatory, offensive, harassing, threatening, racist, or blasphemous material or any material which may, in BIZEZIA LIMITED’S judgement, cause annoyance, inconvenience or anxiety to any person;
(b) upload, post, email or otherwise transmit or receive any material which breaches a third party’s copyright or other intellectual property rights or any other material which you do not have the right to transmit under any law or under any contractual or other duty;
(c) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or other forms of solicitation or advertisement commercial or otherwise, regardless of content except in those areas (such as shopping forums) that are designated for such purpose;
(d) upload, post, email or otherwise knowingly or recklessly transmit or distribute any material which contains software viruses or any computer code, files or programs designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(e) upload, post, email or otherwise knowingly or recklessly transmit or distribute any information about other users.
For the avoidance of doubt the supply of any information or material to BIZEZIA LIMITED shall be deemed to be a use for the purposes of these terms and conditions.
You agree not to use the Website in such a way that the Website becomes interrupted, damaged or rendered less efficient or in any way impaired.
BIZEZIA LIMITED takes no responsibility and assumes no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, BIZEZIA LIMITED is only a forum and is not liable for any reviews, statements, representations, or content provided by its users.
BIZEZIA LIMITED reserves the right and has absolute discretion, to remove, screen or edit any content and materials which you post on the Website and/or any Associated Website.
You shall remain solely liable for the content of any messages or other information or materials you upload or transmit to this site, including the discussion forums or interactive areas of the site. You agree to indemnify and hold harmless BIZEZIA LIMITED from any claim, action, demand, loss, damages, or costs (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.
Linking
You are granted a limited, non-exclusive right to create a hyperlink to the Website provided such link does not portray BIZEZIA LIMITED or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a BIZEZIA LIMITED logo or other proprietary graphic or trademark of BIZEZIA LIMITED to link to this site without the express written permission of BIZEZIA LIMITED. This limited right may be revoked at any time.
The Website may contain, or third parties may provide, links to other websites or resources. BIZEZIA LIMITED has no control over such sites. You acknowledge and agree that BIZEZIA LIMITED does not endorse and is not responsible for the contents or availability of these links or sites and is not responsible or liable directly or indirectly for any transactions you may enter into through such other websites or any loss or damage caused or alleged to be caused by or in connection with use of or reliance of such websites or goods and services available on or through any such website. BIZEZIA LIMITED also does not accept any responsibility for any transactions.
General Submissions
Any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to onesmartplace.com, or postings on this site, are non-confidential (subject to your express confirmation of confidentiality and to BIZEZIA LIMITED ‘s Privacy Policy) and shall become the sole property of onesmartplace.com. BIZEZIA LIMITED shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Bizezia.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials.
Press Releases
The information contained within press releases issued by BIZEZIA LIMITED should not be deemed accurate or current except as of the date the release was posted. BIZEZIA LIMITED has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
Disclaimers
BIZEZIA LIMITED will not be liable to you for any scheduled or non-scheduled interruptions of the Website.
BIZEZIA LIMITED PROVIDES THE WEBSITE ON ‘AS IS’ BASIS AND DOES NOT GUARANTEE THAT THE WEBSITE WILL BE AVAILABLE OR SUITABLE FOR YOUR PURPOSES AND REQUIREMENTS. BIZEZIA LIMITED DOES NOT GUARANTEE THE ACCURACY NOR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE NOR THAT THE WEBSITE WILL BE ERROR FREE. BIZEZIA LIMITED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR THE SERVICES.
USE OF THE WEBSITE AND THE FACILITIES THEREON, AND ANY MATERIAL OR INFORMATION OBTAINED FROM THIS WEBSITE IS AT YOUR OWN RISK, AND BIZEZIA LIMITED HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. IN ADDITION, BIZEZIA LIMITED SHALL NOT BE RESPONSIBLE FOR THE FAILURE OF PERFORMANCE OF THIS WEBSITE AND/OR THE SOFTWARE USED THEREON; THE LOSS OF DATA OR SERVICES RESULTING FROM DELAYS, NON-DELIVERIES, OR SERVICE INTERRUPTION; THE ACCURACY, QUALITY OR NATURE OF INFORMATION OBTAINED THROUGH ITS SERVICES; NOR THE CONSEQUENCES ARISING FROM OR RELATED TO ANY VIRUSES TRANSMITTED THROUGH ITS SERVERS, OR ANY LIABILITY, COSTS, LOSS OF PROFITS OR CONSEQUENTIAL LOSSES ARISING FROM YOUR USE OF, OR INABILITY TO ACCESS THIS WEBSITE.
NOTHING IN THESE TERMS OF USE REMOVES OR LIMITS BIZEZIA LIMITED’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS OWN NEGLIGENCE OR FOR ITS OWN FRAUD.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND EXCEPT AS SET OUT IN ABOVE, BIZEZIA LIMITED HEREBY EXCLUDES LIABILITY FOR ANY CLAIM, LOSS, DEMAND OR DAMAGE OF ANY KIND WHATSOEVER WITH RESPECT OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO BIZEZIA LIMITED. THE FOREGOING WILL APPLY WHETHER SUCH CLAIM, LOSS OR DAMAGE ARISES IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE.
Indemnity
You agree to indemnify BIZEZIA LIMITED, and hold it and its associated companies harmless against any liabilities, losses, or expenses incurred by BIZEZIA LIMITED and/or its associated companies however arising from any breach by you of these Terms of Use, or through the supply of materials which you submit to the Website.
General
Any notice required to be given under these Terms of Use will be in writing and in English and must be sent by you to BIZEZIA LIMITED by post to Kingfisher House, Hurstwood Grange, Hurstwood Lane, Haywards Heath, West Sussex, RH17 7QX, UNITED KINGDOM or by email to mpollins@bizezia.com and by BIZEZIA LIMITED to you to the address given by you on registration or such other address as the recipient may designate by notice given in accordance with this clause. Any such notice will be deemed to have been received if sent by first class post 48 hours after the date of posting and if sent by electronic mail at the date and time of transmission.
If any provision(s) of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
BIZEZIA LIMITED may transfer any of its rights and responsibilities without your permission.
Any undertaking by you to do or not to do any act or thing shall be deemed to include an undertaking to procure or not to permit or suffer the doing of that act or thing.
Words in the singular shall include the plural and vice versa.
The headings in these Terms of Use are for convenience only and shall not affect the construction of the Terms of Use.
Notwithstanding any other provision in these Terms of Use, nothing herein shall limit your rights as a consumer under English law.
Unless otherwise expressly stated, nothing in these Terms of Use shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and BIZEZIA LIMITED.
English law will apply to the Terms of Use and any disputes arising will be referred to the non-exclusive jurisdiction of the English Courts.
© Copyright BIZEZIA LIMITED, 2014, All Rights Reserved.