1.1 These General Terms and Conditions (the “General Terms and Conditions”) apply exclusively between:
The term “bizzi” (or “we”, “our” and “us”) includes (a) all members, subsidiaries and affiliates of bizzi; and (b) all subsidiaries, affiliates, successors, and assigns of the parties in (a).
The term, “User” or “you” includes both businesses and representatives of businesses.
1.2 bizzi has developed a website, www.bizzi.co (“Website”), which helps Users who are owners, officers and/or employees of small and medium sized companies, in growing their business domestically and internationally, by utilising the services, features and Content available on the website (the “Platform”). Features, services and Content include setting up profiles, teams, networks, organising events, creating opportunities, uploading and sharing User-Generated Content. bizzi may, from time to time and at its sole discretion, vary the Platform’s services, features or Content.
1.3 Without prejudice to any other provision in these General Terms and Conditions, by creating an account on the Platform and otherwise accessing and using the Platform, you represent, acknowledge, warrant and undertake:
1.4 These General Terms and Conditions shall prevail notwithstanding any User amendments to it. Any amended terms or conditions submitted, proposed or stipulated by the User, regardless of whether bizzi has objected to them explicitly, are expressly waived and excluded.
1.5 bizzi reserves the right to amend, modify, update, change or otherwise alter these General Terms and Conditions at any time (“Updates”). You are advised to read these General Terms and Conditions carefully and to check regularly for any Updates. As these General Terms and Conditions will govern your access or use of the Platform, please review these General Terms and Conditions each time you use the Platform. If you do not agree to any change, update or modification to the General Terms and Conditions, you must immediately stop using the Platform. Your continued use of the Platform after Updates are made means that you consent to such Updates.
2.1. Access to the Platform
2.1.1. Your access to the Platform is subject to your compliance with the General Terms and Conditions and any other requirements that bizzi may impose. Accessing and using the Platform requires you to sign up for an account in accordance with Clause 2.3. Your access to, and use of certain services, features and Content, may require payment.
2.1.2. bizzi does not guarantee that access to or use of the Platform, or any Content on it will always be available or uninterrupted. bizzi reserves the right to, at its sole discretion and without prior notice or specifying any reasons:
2.1.3. bizzi may also at any time suspend the Platform’s availability. This can be for reasons such as software update and maintenance, server upgrade, systems backup and recovery, shutdown of operations, or server relocation. Where reasonably practicable, such disruptions shall be published on our social media account.
To avoid doubt, the scope of the Content and services provided through the Platform is based on the availability or the functionality of the Platform at any given time.
2.2. Using the Platform
2.2.3. You may not, directly or indirectly, use the Platform in any way that:
failing which your rights to use the Platform will automatically terminate without notice from us. If this happens, bizzi reserves the right to reject requests for, and terminate without notice, your access to or use of the Platform.
2.2.4 If there are additional third party terms contained within, or distributed with, the Platform, these will be specifically identified in related documentation relating to the Platform (or software incorporated with the Platform). Such documentation will govern the use of such software in the event of a conflict with these General Terms and Conditions.
2.3 Account and Password
2.3.1 If you choose to create an account on the Platform, you must complete our registration process by providing current, complete and accurate information relating to you and your business. If there are any changes to such information during your time as a User, you are responsible for correcting the relevant information as soon as possible. You are responsible for all use of your account and for keeping your user name and password secure and confidential.
2.3.2 You agree to notify bizzi immediately if you know of or suspect any unauthorised use of your account or any other breach of security. You are responsible for ensuring that access to the account as well as use of the Platform connected to the account remains exclusively limited to yourself. You are liable for any use and/or other activity conducted through use of your access data.
2.4 Subscription and Purchase
2.4.1 Upon signing up for an account pursuant to Clause 2.3.1, bizzi may provide a restricted use, free version of the Platform (“Free Version”). The restrictions of the Free Version are determined solely at the discretion of bizzi and may be modified at any time without prior notice to you. Alternatively, and at your election, bizzi may provide you with a full use, subscription access to the Platform.
2.4.2 Upon purchasing a subscription plan, the User shall pay to bizzi fees in connection with the subscription plan selected on the Website (“Subscription Fees”). Unless otherwise agreed upon, all Subscription Fees are due at the beginning of each term as specified, and will be charged through the method of payment selected. Subscription Fees are exclusive of taxes, duties, levies, tariffs, bank charges and other payments due to third parties, including but not limited to Goods and Services Tax (collectively, “Third Party Charges”), which may be separately invoiced where applicable. The User shall be liable and responsible for payment of all Third Party Charges and other interest and penalties resulting from the making of such payments. Failure to pay these fees will result in the termination of your paid subscription plan and Platform access.
2.4.3 Any Subscription Fees charged in error shall be refundable upon bizzi confirming the error.
2.4.4 Account subscription plans shall generally be for an initial term of one month, but bizzi may give the option to purchase terms of up to one year in advance (“Subscription Plan”). They will renew automatically and continue indefinitely after that until terminated by bizzi or the User giving written notice prior to the next period’s payment being taken. If Subscription Fees or Third Party Charges are not paid, your account plan and Platform access will also be suspended or terminated at bizzi’s discretion.
2.4.5 Upon termination of a User’s Subscription Plan, you will keep your full access to the Platform until the end of the period for which you have paid Subscription Fees.
2.4.6 Termination of a User’s Subscription Plan will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination. This includes the right to claim damages in respect of any breach of the plan which existed at or before the date of termination.
2.4.7 Termination of a Subscription Plan will not by itself stop you from accessing the Free Version, or mean that these General Terms and Conditions have been terminated.
2.5.1 The Platform and all information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on it (hereinafter referred to as “Content”) are owned by bizzi, its software suppliers and/or other third parties (which may be indicated by trademarks, logos, links to or from an external source, or otherwise).
2.5.2 Subject to compliance with these General Terms and Conditions and unless otherwise specified, bizzi grants you a non-exclusive, non-transferable, terminable license to view and use the Content on the Platform. You acknowledge and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, displaying, downloading, transferring licensing or selling any Content or services obtained from the Platform, except as expressly permitted by bizzi.
bizzi makes no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up-to-date. bizzi reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without notifying you.
2.6 Intellectual Property Rights
bizzi reserves all of its intellectual property rights in the Platform. Using the Platform does not give you any ownership or interest in the Platform, services, features or the Content made available through the Platform. Trademarks and logos used in connection with the Platform are be the trademarks of their respective owners. “bizzi” logos and other “bizzi” trademarks, service marks, graphics, and logos used for the Platform are bizzi’s trademarks or registered trademarks.
3.1 All User-Generated Content and other third party content referred to, or linked through, the Platform under Clause 3.2 represents content created by third parties (“Third-Party Content”). bizzi does not verify Third-Party Content for completeness, accuracy, legality or validity. bizzi therefore assumes no responsibility nor makes any guarantee of the completeness, accuracy, legality, validity or currency of Third-Party Content, or its suitability for any particular purpose.
3.2 The Platform may include links to third party websites that let you leave the Platform. You may also access the Platform through third party websites. These linked sites are not under bizzi’s control, and bizzi is not liable or responsible for the accuracy, completeness, timeliness or availability of any Third Party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by bizzi of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
3.3 User-Generated Content
3.3.1 bizzi does not claim ownership over the content, including any information (including on opportunities, activities, events, contracts, or other transactions arranged between Users or their businesses), text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, titles, names that you submit, upload, post or publish on the Platform (“User-Generated Content”).
3.3.2 For any User-Generated Content covered by intellectual property rights, including any trademark or trade names of your business or related to your business, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User-Generated Content that you upload or submit in connection with the Platform. In this regard:
3.3.4 bizzi has the right to disclose your identity to any third party who claims that User-Generated Content you have submitted, uploaded, posted or published on the Platform constitutes a violation of their intellectual property rights, or of their right to privacy. In this regard:
3.3.5 You agree and represent that any User-Generated Content that you post, upload or submit for the Platform:
3.3.6 You agree and undertake that you shall not submit, upload, post or publish on the Platform, any User-Generated Content that:
3.3.7 User-Generated Content does not represent bizzi’s views, opinions, advice, values or beliefs. bizzi makes no claim of accuracy of any User-Generated Content.
3.3.8 bizzi will determine, in its sole discretion, whether there has been a breach of this Clause 3 through your use of the Platform. bizzi reserves the right, without prior notice to you, to take any action as bizzi deems appropriate, including the following actions:
4.1 bizzi and bizzi’s employees, officers, sub-contracts or agents (collectively, “bizzi’s Representatives”) merely facilitate, through the Platform, communication or networking or business opportunities for Users. bizzi and bizzi’s Representatives are not a party to, or otherwise involved, in these matters. bizzi and bizzi’s Representatives:
4.2 To the fullest extent allowed under applicable law, bizzi and bizzi’s Representatives assume no liability or responsibility to Users for any of the following:
4.3 Without prejudice to any other provision in these General Terms and Conditions, and to the extent required by law, the maximum aggregate liability of bizzi and bizzi’s Representatives for any act or omission, whether in contract, tort (including negligence), or otherwise in relation to these General Terms and Conditions, shall in no circumstances exceed the amount of one hundred Singapore dollars (S$100).
4.4 bizzi and bizzi’s Representatives shall not be liable to any User for:
4.5 The User shall be solely responsible for any damage to its computer system or electronic device, or for any resulting loss of data. The User accesses or uses at its own discretion and risk, any Content, Third-Party Content, User-Generated Content, and services made available, or obtained through, the Platform or linked third party platform or linked third party website.
4.6 Any Content, Third-Party Content, User-Generated Content, services, items, or materials made available, or obtained through, the Platform or linked third party platforms or linked third party websites, is on an “as is” and “as available” basis. The User’s use and reliance upon any, and all, such Content, Third-Party Content, User-Generated Content, services, items and materials is at the User’s own discretion and risk. Except as set out expressly in these General Terms and Conditions, bizzi and bizzi’s Representatives make no warranty or representation about the suitability, accuracy, or completeness of any Content, Third-Party Content, User-Generated Content, and services made available, or obtained through, the Platform or linked third party platforms or linked third party websites.
The User shall keep bizzi and bizzi’s Representatives fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by bizzi or bizzi’s Representatives, arising out of or in connection with:
Both the User and bizzi may terminate these General Terms and Conditions at any time with notice to the other. On termination, the User loses the right to access or use the Platform. The following shall survive termination:
7.1 A “Force Majeure Event” means any cause which:
A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any) are involved, and changes in law.
7.2 bizzi shall not be liable for failure or delay in performing any of its obligations under these General Terms and Conditions to the extent that the failure or delay is due to a Force Majeure Event. This sub-clause does not apply to any obligation to pay money.
For all User related enquiries and other contact information, refer to the Contact Us page on our Platform.
The User shall not, without the prior written consent of bizzi:
9.2 Remedies and Waivers
No failure on the part of bizzi to exercise, and no delay on its part in exercising, any right or remedy under these General Terms and Conditions will operate as a waiver. No any single or partial exercise of any right or remedy will:
The rights provided under these General Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law. If bizzi waives a default by the User, it will only do so in writing.
The illegality, invalidity or unenforceability of any provision of these General Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
9.4 No Rights of Third Parties
A person who is not a party to these General Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these General Terms and Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
9.5 Entire Agreement
These General Terms and Conditions constitute the entire agreement and understanding between the User and bizzi relating to the access and use of the Platform. Either party has not relied upon any representation, warranty or undertaking of the other party which is not expressly set out or referred to in this General Terms and Conditions. Nothing in this Clause shall however operate to limit or exclude liability for fraud.
9.6 Governing Law
These General Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Singapore.
10.1 Any dispute or claim, including any question regarding existence or validity, shall be referred to and resolved by Singapore International Arbitration Centre (“SIAC”) in accordance with the rules of SIAC for the time being in force which rules are deemed to be incorporated by reference to this Clause.
10.2 The seat of the arbitration shall be Singapore. The tribunal shall consist of a single arbitrator and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the Parties.