1. Business Deals Terms
The Service is an online business deals advertising, searching and information service. Company does not broker or sell businesses nor invests directly and is not a party to any transaction between the business purchaser and seller. As a result, Company does not (a) guarantee or ensure any business or any transaction between the Business owner and Business seeker, (b) act as a business broker, loan broker, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service, or (c) broker or sell any businesses or does any investments on the Websites.
2. License Grant and other Rights of Company
With respect to listings, content and other information Customer submits to Company through the Service (“Customer Content”), Customer grants Company and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use listings and other information submitted to it for publication of all or part of such listing on the Internet for unrestricted use by Company customers and partners. This license you grant Company includes the express permission for Company to use and display the Customer Content you provide to Company, or any modification thereof, on the Websites and other Company-affiliated or partner products and sites. Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings. Company reserves the right to modify or change any and all Terms of Use at any time. The most current copy of these Terms of Use will be posted and available for review on Company’s corporate website at https://www.Ibizindia.com/termsofuse.
3. Company Communication
Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby consents to Company communicating and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use commercially reasonable to honor Customer’s request to opt out of marketing messages, but in every circumstance Company shall comply with applicable law with respect to such opt-out request and under no circumstances will Company have any liability for sending any email to its registered users/customers. With respect to sharing any personal data with third parties, Company does so in compliance with applicable law. For more information, please visit Company’s Privacy Notice located at https://www.Ibizindia.com/privacy-statement.
4. Customer Privileges
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered customer only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Customer ID and a password, which shall be utilized for logging on to the Company system. Customers are not permitted to share their individual logon information with others. Company has the right to refuse service to any customer that refuses to abide by the Terms of Use herein or abuses their rights related to the Company service.
5. Submission and Administration of Listings
Customer agrees not to submit through the Websites any Customer Content containing, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Service unless Customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to Company which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Company reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent the business opportunity or Franchise exclusively, and do not include any broker logos, contact information, website addresses, phone numbers, or any overlay text or graphics of any kind. Only one listing on the Company Websites published using the Service is permitted for each business opportunity or Franchise (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. Additionally, the Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the Company Websites. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Company shall have the right to modify the listing in the exercise of its privileges under this Agreement. Customer (a) represents and warrants that all business and associated information provided by Customer will be accurate, and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising; (b) agrees that Customer will not permit the posting of a business on the Websites under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times; (d) shall ensure (and shall require its sales agents, if applicable) to respond to all buyer inquiries relating to the listing (i) within seventy-two (72) business hours and (ii) in a professional and respectful manner; and (e) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision. In addition, Customer agrees not to advertise a business opportunity or Franchise as an Established Business unless such a business (1) is open and has been continuously operating for a minimum of one year (two years for internet-based businesses), (2) has an established customer base and a material revenue history, and (3) has ability to provide financial history information to qualified buyers. Company reserves the right to remove all or any part of the listings posted on the Company website.
Company accepts no responsibility for checking the accuracy of reports or data files submitted by Businesses. While Company shall take all reasonable efforts for data backup and business resumption, Businesses or users will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Company.
6. Use of Information
All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and other Indian and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade covert of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership.
7. Termination
Company reserves the right to terminate a Customer’s membership at any time without prior notice. Cause for termination includes, but is not limited to, breaches or violations of the Terms of Use, requests by law enforcement, inappropriate, unsuitable, controversial, fraudulent or illegal activity by you, discontinuance or material modification of Company services, nonpayment of fees owed by you in connection with Company services, account inactivity or technical or security issues. Upon termination, Company shall have no obligation to maintain or forward any content in your account. In addition, the Company may require additional evidence of compliance with the provisions of this Agreement from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.
8. Payment Terms
Customer agrees to pay for all products ordered through the Company website, or via Company client services personnel (“Client Services”) using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly or periodic subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month or term. Fees paid for business listings and other products are not refundable. No partial month (or partial term if longer than a month) refunds will be provided. Customer may cancel their Business listings or investment membership by contacting us only by email support@Ibizindia.com or by calling support (xxx-xxx-xxxx). All cancellation requests will be processed within Seven (7) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The business listing and/or membership will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time with or without prior information. However, Company shall provide timely notice to the affected Customers of any such changes. Also, it is Customer’s prime responsibility to provide Company the right communication of contact or billing information changes or updates (including email address, credit or debit card numbers, etc.).
The Customer must notify Company about any billing problems, disputes or discrepancies (“Disputes”) within Thirty (15) days after charges first appear on their account statement. If Customer does not notify Company of a Dispute within thirty (15) days, Customer agrees to waive their right to dispute such problems or discrepancies.