VALID FROM JUNE 2021.
Platform, "we”, "us”: Refers to Bozinga.com, a Business-to-business (B2B) platform allowing for the connection and facilitation of sales and purchases of products between Buyers and Sellers.
User, Users, "you”: Refers to anyone who navigates in Bozinga.com as a Seller or a Buyer or as a potential Seller or Buyer.
Buyer or Buyers: Refers to the users who purchase products or services through the Platform from other users known as Sellers. Please note that the platform is only meant for Businesses and not for individual use, therefore Buyers cannot purchase products for their own personal use.
Seller or Sellers: Refers to the users who sell products or services through the Platform to other users known as Buyers. Please note that the platform is only meant for Businesses and not for individual use.
Member: A registered User to Bozinga.com
1. Application and Acceptance of the Terms
1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with Bozinga.com according to the current applicable legislation in the country in which you are residing, or (b) you are not permitted to receive any Services under the laws of the country in which you are
1.3 Bozinga.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 If Bozinga.com has posted or provided a
translation of the English language version of the Terms, you agree that the
translation is provided for convenience only and that the English language
version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with Bozinga.com or our affiliate for any Service (or features within the Services) (each an "Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Bozinga.com.
2. Provision of Services
2.1 If you are a registered member of any of the Sites, you are contracting with Bozinga.com LLC. Incorporated in the United States of America.
If you are a registered member of any of the Sites, and either (a) you are from a place outside The United States, or (b) you access and use the Bozinga.com Sites from any of the Relevant Jurisdictions, you are contracting with Bozinga.com LLC (incorporated in Delaware, USA). As some or part of the Services may be supported and provided by affiliates of Bozinga.com, Bozinga.com may delegate some of the Services to its affiliates.
2.2 You must register as a member on the Sites to access and use some Services. Furthermore, Bozinga.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that Bozinga.com may impose in its discretion.
2.3 Services (or any features within the Services) may
vary for different regions and countries. No warranty or representation is
given that a particular Service or feature or function thereof or the same type
and extent of the Service or features and functions thereof will be available
for Users. Bozinga.com may in its sole discretion limit, deny or create
different levels of access to and use of any Services (or any features within
the Services) with respect to different Users.
2.4 Bozinga.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by Bozinga.com’s affiliates on behalf of Bozinga.com.
3. Users Generally
3.1 By accessing and using the Sites or Services, you agree that you will comply with all applicable laws and regulations when doing so.
3.2 You also agree that
(a) you will not copy, re-publish, reproduce, distribute, download, sell or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc. available on or through the Sites (the "Site Content”), and
(b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Bozinga.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Bozinga.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.4 Bozinga.com may allow Users to access to content,
products or services offered by third parties through hyperlinks (in the form
of word link, banners, channels or otherwise), API or otherwise to such third
parties' web sites. Before using the Sites, you are cautioned to read such web
sites' terms and conditions and/or privacy policies before using them. You
hereby acknowledge that Bozinga.com has no control over such third parties' web
sites, and as such we do not monitor such web sites and shall not be
responsible or liable to anyone for such web sites, or any content, products or
services made available on or through such web sites.
3.5 You agree not to undermine the integrity of the
computer systems or networks of Bozinga.com and/or any other User nor to gain
unauthorized access to such computer systems or networks.
3.6 You agree not to undermine the integrity of Bozinga.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 Users who decide to acquire marketing services with Bozinga.com, also agree that by posting or displaying any information, content or material ("User Content”) on the Sites or providing any User Content to Bozinga.com or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Bozinga.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to Bozinga.com, the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Bozinga.com that you have all the rights, power, and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
Any changes, modifications, translations, derivative works, and creations based on the User’s Content will be subject to the User’s authorization prior to its publication, distribution, display or reproduction by Bozinga.com. If the user does not reply to Bozinga.com request for authorization thin 24 hours it is understood that the client has forfeit the right to not authorize and automatically Bozinga.com will be authorized to proceed as it deem necessary, Bozinga.com will have no legal responsibility nor liability regarding the publications of the user content.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member” below). Except with Bozinga.com’s approval, one User may only register one member account on the Sites. Bozinga.com may cancel or terminate a User’s member account if Bozinga.com has reasons to suspect that the User has concurrently registered or is in control of more than one member accounts. Further, Bozinga.com may reject User’s application for registration for any reason.
4.2 Upon registration on the Sites, Bozinga.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a
single account. Each Member shall be solely responsible for maintaining the
confidentiality and security of its Member ID and password and for all use of
and activities that occur under your account (whether such use or activities
are authorized or not). No Member may share, assign, or allow the use of your Member
account, ID, or password by another person, even to other individuals within
the Member’s own business entity (where applicable). You hereby agree to notify
Bozinga.com immediately if you become aware of any unauthorized use of your
password or your account or any other breach of security of your account.
4.4 You agree that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to, or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by yourself.
4.5 You acknowledge that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Bozinga.com or other Users of the Sites. You shall indemnify Bozinga.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. You also agree that in case of the multiple use of your account or your failure to maintain the security of your account, Bozinga.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1 As a Member, you represent, warrant, and agree that
(a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
(b) your access and use the Sites and Services will be for business purposes only; and
(c) if you are a business entity, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 You will be required to provide information or material about your entity, business, or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. As a member, you represent, warrant, and agrees that
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current, and complete, and
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.
5.4 As a Member, you represent, warrant, and agree that
(a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display;
(b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights”);
(c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third-Party Rights; and
(d) you and your affiliates are not the subject of any
trade restrictions, sanctions or other legal restrictions enacted by any
country, international organization, or jurisdiction.
5.5 As a Member, you further represent, warrant, and agree that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; and
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 As a Member, you further represent, warrant, and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit, or expropriate Bozinga.com’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Bozinga.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international, or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Bozinga.com or our affiliates.
5.7 As a member, you may not use the Sites, Services
or member account to engage in activities which are identical or like
Bozinga.com’s e-commerce marketplace business.
5.8 If you provide a business referee, as a Member you represent, warrant, and agree that you have obtained all necessary consents, approvals, and waivers from such referee to
(a) act as your business referee;
(b) post and publish their contact details and information, reference letters and comments on their behalf; and
(c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
5.9 As a Member, you agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Bozinga.com’s provision of the Services, evaluating whether you have breached the Terms and/or handling any complaint against the yourself. If your failure to do so results in delay in, or suspension or termination of, the provision of any Service, Bozinga.com shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension, or termination.
5.10 As a member, you acknowledge and agree that Bozinga.com reserves the right to but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. Bozinga.com does not endorse, verify, or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed, or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11 As a Member, you acknowledge and agree that the
Sites and Services may only be used by businesses and their representatives for
business use and not for individual consumers or for personal use.
5.12 As a Member, you acknowledge and agree that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 Bozinga.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Bozinga.com or our affiliates to liability, or is otherwise found inappropriate in Bozinga.com’s sole discretion.
6.2 If any Member breaches any Terms, or if Bozinga.com has reasonable grounds to believe that a Member is in breach of any Terms, Bozinga.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
(a) suspending or terminating your account and any and all accounts determined to be related to such account by Bozinga.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination;
(b) restricting, downgrading, suspending, or terminating the subscription of, access to, or current or future use of any Service;
(c) removing any product listings or other User Content that you have submitted, posted, or displayed, or imposing restrictions on the number of product listings or User Content that you may post or display;
(d) imposing other restrictions on your use of any features or functions of any Service as Bozinga.com may consider appropriate in its sole discretion; and
(e) any other corrective actions, discipline, or penalties as Bozinga.com may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, you would be considered as being in breach of the Terms in any of the following circumstances:
(a) upon complaint or claim from any third party, Bozinga.com has reasonable grounds to believe that you have willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
(b) Bozinga.com has reasonable grounds to suspect that
you have used a stolen credit card or other false or misleading information in
any transaction with a counter party,
(c) Bozinga.com has reasonable grounds to suspect that
any information provided by the you are not current or complete or is untrue,
inaccurate, or misleading, or
(d) Bozinga.com believes that your actions may cause financial loss or legal liability to Bozinga.com or our affiliates or any other Users.
6.4 Bozinga.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Bozinga.com may disclose your identity, contact information and/or information regarding your account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or because of a subpoena or other legal action. Bozinga.com shall not be liable for damages or results arising from such disclosure, and you agree not to bring any action or claim against Bozinga.com for such disclosure.
6.5 Bozinga.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate your use of any Service or the Sites without being liable to you. if Bozinga.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Bozinga.com including without limitation and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Bozinga.com reserves the right to but shall not be required to investigate such breach or request confirmation from you.
6.6 As a member, you agree to indemnify Bozinga.com,
our affiliates, directors, employees, agents, and representatives and to hold
them harmless, from any and all damages, losses, claims and liabilities (including
legal costs on a full indemnity basis) which may arise from your submission,
posting or display of any User Content, from your access to or use of the Sites
or Services, or from your breach of the Terms or any Additional Agreements.
6.7 AS a member, you further agree that Bozinga.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material and that the risk of damage from such User Content or other material rests entirely with you. Bozinga.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Bozinga.com in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Sites, Bozinga.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Bozinga.com additionally provides electronic web-based transaction platforms for Members to place, manage, accept, conclude and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, Bozinga.com does not represent either the seller or the buyer in specific transactions. Bozinga.com does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby informed that there may be risks of dealing with people acting under false pretenses. Bozinga.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Bozinga.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All the foregoing risks are referred to as "Transaction Risks". Bozinga.com is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular, clause 3.2).
7.5 As a user, you agree to provide all information and materials as may be reasonably required by Bozinga.com in connection with your transactions conducted on, through or because of use of the Sites or Services. Bozinga.com has the right to suspend or terminate any User’s account if it fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Bozinga.com (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental, or consequential damages) arising out of or in connection with such dispute or the transaction.
7.7 TradeAssure is a service provided by Bozinga.com to all users of the platform. All users acknowledge and authorize Bozinga.com to act accordingly to the general terms of TradeAssure as described on our Site, and all parties acknowledge that an important part of TradeAssure is that Bozinga.com can act as a mediator if requested by any of the parties involved according to the terms expressed on our resolve dispute mediation section. All parties that require our dispute resolution services accept that Bozinga.com has the right to determine in its sole discretion and execute a resolution of the conflict between the parties. Bozinga.com verdict or decision will be final and both parties agree to recognize bozinga.com decision as final and legally binding.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES
PROVIDED BY BOZINGA.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS”, AND BOZINGA.COM HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOZINGA.COM WILL MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; BOZINGA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BOZINGA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained
through the Sites or Services is done at each User's sole discretion and risk
and each User is solely responsible for any damage to its own or to
Bozinga.com’s computer system(s) or any loss of data that may result from the
download of any such material. No advice or information, whether oral or
written, obtained by any User from Bozinga.com or through or from the Sites
shall create any warranty not expressly stated herein.
8.4 The Sites may make available to User services or
products provided by independent third parties. No warranty or
representation is made regarding such services or products. In no event
shall Bozinga.com or our affiliates be held liable for any such services or
8.5 Each User hereby agrees to indemnify and save
Bozinga.com, our affiliates, directors, officers, and employees harmless, from
any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from such User's access to or use of the Sites
or Services (including but not limited to the display of such User's
information on the Sites) or from your breach of any of the terms and
conditions of the Terms. Each User hereby further agrees to indemnify and save
Bozinga.com, our affiliates, directors, officers, and employees harmless, from
any and all losses, damages, claims, liabilities (including legal costs on a
full indemnity basis) which may arise from User's breach of any representations
and warranties made by User to Bozinga.com, including but not limited to those
set forth in clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Bozinga.com, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Bozinga.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with each User. Bozinga.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Bozinga.com in asserting any available defenses.
8.7 Bozinga.com shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites or Services; or;
f) any matters relating to the Sites or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Bozinga.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Bozinga.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Bozinga.com has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall Bozinga.com be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
10. Intellectual Property Rights
10.1 Bozinga.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Bozinga.com, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Bozinga.com are hereby reserved.
10.2 "BOZINGA.COM", and related icons and
logos are registered trademarks or trademarks or service marks of Bozinga.com
SAS and Bozinga.com LLC, in the Relevant Jurisdictions. The unauthorized
copying, modification, use or publication of these marks is strictly
10.3 Bozinga.com may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.1 All legal notices or demands to or upon Bozinga.com shall be made in writing and sent to Bozinga.com personally, by courier or certified mail to the following entity and address: Bozinga.com Cra. 13A #89-38 oficina 629 Bogota Colombia or Bozinga.com LLC, 8 The Green, Ste A Dover, DE 19901 USA (as the case maybe). The notices shall be effective when they are received by Bozinga.com in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Bozinga.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) Bozinga.com can demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Bozinga.com posting such notice on an area of the Sites that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures, and other communications that Bozinga.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Bozinga.com with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Bozinga.com and you are independent contractors,
and no agency, partnership, joint venture, employee-employer, or
franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
12.5 Bozinga.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Bozinga.com’s right to act with respect to subsequent or similar breaches.
12.6 Bozinga.com shall have the right to assign the
Terms (including all of our rights, titles, benefits, interests, and
obligations and duties in the Terms to any person or entity (including any
affiliates of Bozinga.com). You may not assign, in whole or part, the Terms to
any person or entity.
12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE UNITED STATES OF AMERICA IF YOU CONTRACT WITH BOZINGA.COM LLC 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF DELAWARE. IF YOUR CONTRACT IS WITH BOZINGA.COM SAS, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE REPUBLIC OF COLOMBIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE BOGOTA COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW.
12.8 If you have any comments on the Services, we provide to you, you may contact our customer service support line for Bozinga.com with any such feedback or questions.