BusinessOpportunities.com Terms and Conditions
BusinessOpportunities.com (the "Website") is a website owned and operated by Dynamis plc of Dynamis House, Sycamore Street, London EC1Y 0SW, UK [VAT Number 747791385] ("Dynamis", "We", "Us" or "Our") and is a trading style of Dynamis.
1.0 Introduction
These Terms and Conditions (the "Agreement") describes the terms of use applicable to your use of the Website which is identified by the uniform resource locator www.BusinessOpportunities.com. This Agreement is entered into between you as the registered user of the Site (the "User") and Us.
Before using this Website you should carefully read this Agreement which governs the use of this Website.
If you do not agree to these Terms and Conditions please do not use this Website.
By accessing or using the Website, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Website and any further upgrade, modification, addition or change to this Website.
Furthermore, if you wish to advertise or enquire on business opportunities via this Website, you will have to agree to be bound by the additional Advertiser Terms and/or Enquire Terms, as specified below and must have read and understood the Website Privacy Policy, all of which form part of these Terms and Conditions.
This Website has been put together to comply with English law and is operated and hosted in England by Dynamis. All visits to this Website shall be governed by English law.
This Website has been set up so that business opportunities, business products and services, businesses, business ideas, business ideas and/or franchises can be advertised via the Internet. You should only contact a party advertising on this website if you have a genuine interest in the Business Opportunity being advertised, you should not contact any person for any any other purpose such as offering your or any Third Party's goods or service or otherwise seeking to solicit business in any way.
In the event that We believe that you are using the Website inappropriately to send junk mail, spam, chain letters etc., through the Website, to other registered users or visitors to the Website, then We reserve the right to terminate your Account and involvement with the Website.
No sales agency relationship is created between any User and Us, Our affiliates, directors, officers or employees by virtue of Our display of any of the User's information on the Site. We and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
1.1 Changes to the Terms and Conditions
We may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on October 18, 2006. Posting by Us of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Dynamis.
2.0 Conclusion of Contracts
None of the advertisements on the Website constitute a binding offer so that acceptance by the user can bind Us or the party advertising on the Website.
[When you place an order to place an advertisement with or make an enquiry through Us, your order will be confirmed by return email, at which point the contract is concluded and binding.
When you place a final order with a third party business supplier, the contract will be concluded in accordance with that supplier's terms and conditions and we strongly recommend that you read these before placing any order.
2.1 Cooling-off Period
Enquirers buying from Advertisers in the European Union have the right to withdraw from agreements to supply services within seven working days of the day after the services are ordered and from agreements to supply products within seven working days after the day on which the item is delivered.
You will have no right to cancel if you expressly agree to the provision of a service, including the placement of an advertisement on this Website, starting before the end of the seven working day cooling-off period and any right to cancel ends when the services begin.
If you wish to cancel an order for products or services offered for sale by a business supplier on this Website, you should refer to that supplier's terms and conditions.
3.0 Disclaimer
To the maximum extent permitted by law We accept no responsibilty for any loss or damage you may suffer as a result of your use of this Website unless that loss comes about as a result of some fraud or serious misconduct on the part of Dynamis.
We do not make any warranty for the reliability, stability or any virus-free nature of any software used on or downloaded from the Website, nor that your use of the Website will be uninterupted or error-free.
We do not conduct any investigations or due diligence into any parties advertising on this Website and can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising, including for business interruption, loss of profits, loss of anticipated profits, loss of anticipated savings, loss of data or loss of customers, whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this Website. Nothing in these Terms and Conditions limits Our liability for personal injury or death caused by Our negligence.
4.0 General Terms
We reserve the right to decline to post to this Website or otherwise disseminate any materials sent to Us, to bar access to this Website and to make any changes and corrections to this Website, including the right to terminate all or part of the services provided by this Website, as and when We consider it appropriate and without notice. For example, where it is alleged that the contents of this Website infringe the intellectual property rights of a third party or a third party has informed Us that materials posted to it are offensive or misleading in any way.
You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK or any other jurisdiction from which you are accessing this Website, including those relating to advertising and sales promotions. In particular, you agree that you will:
- provide true, accurate, current complete and non-misleading information during the sign-up process, Create Your Opportunity process or as otherwise reasonably requested by Us;
- indemnify, defend and hold Us harmless from any liability, loss, claims and expenses (including reasonable legal fees) related to your breach of these Terms and Conditions or any alleged use of your account by any other person;
- not place any unauthorised, false or fraudulent orders or items as opportunities;
- not post, transmit or otherwise disseminate any information on or via this Website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive;
- not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party, including intellectual property rights and rights of privacy;
- not take any action that imposes an unreasonable or disproportionately large load on this Website;
- not upload or otherwise introduce any materials to the Website which contain or are likely to contain any viruses, Trojan horses, worms, time bombs, bots or any other computer programming routines which are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system computer hardware or software, data, personal information or telecommunications equipment;
- not upload, post, email or otherwise transmit any unsolicited or unauthorised materials such as junk mail, spam, chain letters etc., through the Website;
- not be part of a scheme to defraud other Users of the Website or for any other unlawful purpose;
- not frame or use framing techniques to enclose any part of the Website content (including logos, text or layout) without Our express written permission;
- not link directly or indirectly to this Website without Our express written permission;
- not include descriptions of goods or services that are prohibited under this Agreement; and
- not create any liability for BusinessOpportunities.com or its affiliates.
Without prejudice to any of Our other rights, We reserve the right at any time to:
- suspend the services offered on this Website;
- remove items from this Website, including any featured advertisements;
- withdraw Our consent at any time to a link which, in Our sole opinion, is inappropriate or controversial;
- edit any listing if We, in Our reasonable opinion, consider that such editing will improve the quality of the Website;
- cancel your Account without reference to you; and/or
- deny you access to this Website,
where We reasonably believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
Access to the Website and certain of its features are provided to all Users free of charge. However, We reserve the right, without prior notice, to restrict access to certain areas or features of the Site to paying Users or Users who undergo a specific registration process.
Furthermore:
- If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Advertisement headings on the Website are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Our failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Our right to act with respect to subsequent or similar breaches.
5.0 Personal Data
From time to time, We collect, store and use personal information collected from visitors to and Users of this Website. All processing of personal information is done in accordance with current UK Data Protection legislation. Our most up to date privacy policy (the " Privacy Policy") is posted on this Website. It is your responsibility to read and make yourself familiar with this Privacy Policy [Insert hypertext link], which provides details on how we collect, treat and use your personal data and on your rights of access to and correction of any data held about you.
6.0 Hypertext Links and Cookies
Where this Website is hypertext linked to any website operated by any third party, We accept no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website and you enter such websites at your own risk. The presence of a hypertext link on the Website shall not be deemed to be a recommendation or endorsement of such website by Us.
We use cookies on this Website. Please read the Privacy Policy for further details.
7.0 Intellectual Property Rights
All intellectual property rights contained on this Website, including any trade marks, design rights, database rights or copyright in any material contained on the Website or rights in any data or underlying software are owned by or licensed to Us. You are not given any right to use any intellectual property rights contained on the Website otherwise than as expressly permitted by Us as communicated on the Website or as expressly agreed in writing by Us. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with Our prior written consent.
Users may use this Website solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website for the purpose of re-selling or re-distributing the Website’s content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Website, or otherwise commercially exploiting the Website’s content. Systematic retrieval of the Website’s content 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 Us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
8.0 Third Party Rights
Save as expressly provided for, nothing in these Terms and Conditions shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999 or any equivalent statute or rule of law in any jurisdiction.
9.0 Advertiser Terms
Before advertising a business opportunity, business service, business for sale, business idea, franchise opportunity, trade opportunity or related opportunity on this Website you should carefully read these Terms and Conditions and in particular the Disclaimer as well as the following terms.
If you do not agree to be bound by all of these, you should not advertise on this Website.
9.1.
This Website is for the promotion of business opportunities;entire businesses, business franchises, business services, business ideas, trade opportunities and other business opportunities. We are not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this Website. Please contact Us at the above address if you are in any doubt as to whether you can advertise on this Website.
9.2.
We provide this Website to give you the opportunity to promote and or advertise your business opportunity, idea, trade opportunity, business service or franchise and other business opportunities. We do not carry out any investigations or due diligence into the advertisers and or enquirers who use this Website. We strongly recommend that you make every effort to check and verify offers personally or through your professional advisers/agents.
9.3.
If you are contacted by a third party through your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), you should contact Us at Scriptor Court, 155 Farringdon Road, London EC1R 3AD or email Our customer services team forthwith setting out full details.
9.4.
You grant to Us a non-exclusive licence or sub-licence to use any intellectual property rights in any advertisements or other materials you post to the Website for the purpose of obtaining the services offered through the Website and warrant that you have the right to grant such a licence or sub-licence. You hereby agree to indemnify Us for any claims, costs, losses, expenses or damages We may incur howsoever arising whether direct, indirect or consequential as a result of your grant of this licence and/or the use of such advertisements or materials posted by you on this Website.
9.5.
You agree that you are responsible for ensuring that your use of this Website complies with the relevant laws and regulations in the country in which you are based or and/or the country to which your advertisement relates and that you have taken all necessary steps to ensure that your use of this Website and any materials posted to it comply with such laws and regulations.
9.6.
The decision where to place a listing within the index of business opportunity categories shall be at your sole discretion.
9.7
If you are a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to the Website during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
10.0 Additional Terms for Advertiser Brokers/Intermediaries
10.1.
If you are promoting or selling a business, business opportunity, business service, franchise or performing any other related function in the capacity of a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an Advertiser and be subject to the terms of a registered User on the Website.
10.2.
You warrant that you have the full authority and permission to advertise the business, business opportunity, business service, franchise or related offering on the Website from the direct owner and in particular that you have not advertised an offering by simply taking it off a third party intermediary or broker without the permission of the owner.
11.0 Enquirer Terms
Before contacting an Advertiser through this Website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms.
If you do not agree to be bound by all of these, you should not contact an Advertiser regarding their posting on this Website.
11.1.
We provide this Website to give you the opportunity to advertise your business opportunity and enquire upon business opportunity postings on the Website by contacting persons who advertise on this Website. We do not carry out any investigations or due diligence into the Advertisers or the Brokers/ Intermediaries representing Advertisers who use this Website. We strongly recommend that you make every effort to check and verify offers personally or through your professional advisers/agents.
11.2.
If you are contacted by a third party through your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, you should contact Us at Dynamis House, Sycamore Street, London EC1Y 0SW, or email Our customer services team forthwith setting out full details.
11.3.
You hereby agree to indemnify Us for any claims, costs, losses, expenses or damages We may incur howsoever arising, including for business interruption, loss of profits, loss of anticipated profits, loss of anticipated savings, loss of data or loss of customers, whether direct, indirect or consequential as a result of your use of this Website.
11.4
If you are a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to the Website during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
12.0 Payments
We require payments for services by credit or debit card or PayPal® (Please refer to the Terms and Conditions of PayPal® on www.PayPal.com) unless otherwise agreed in advance. We will charge you in British Pounds Sterling, United States Dollars, Australian Dollars, South African Rand, Canadian Dollars, Japanese Yen, Indian Rupees, Chinese Yuan or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
Through the Website, We provide an electronic web-based platform for exchanging information between Advertisers and Enquirer of products and services. We do not represent the Advertiser nor the Enquirer in specific transactions and do not charge any commissions from completing any transactions. As a result, We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the Website or the ability of Advertisers and Enquirers to complete a sale or purchase.
13.0 Refunds
You can end your subscription or advertisements online by using the Account management option or emailing Our customer services team. No pro-rated refunds are available. To avoid being charged any subscription or advertising fees, We must receive your cancellation notice and not access the Website further to make further transaction.
All fees are non-refundable and non-transferable.
Please ensure that your payment card details are kept up to date. If We are unable to process payment from your card, we regret that you will not be able to buy leads until you provide Us with details of a valid payment card. You can do this by contacting Our customer services team or by updating your card details on the account management pages.
14.0 Transactions between Advertisers and Enquirers
14.1
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. We use several techniques to verify the accuracy of the information our Users provide us when they register on the Website. However, because user verification on the Internet is difficult, we cannot and do not confirm each User's purported identity. We encourage you to use the various tools available on the Website, as well as common sense, to evaluate with whom you are dealing.
14.2
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate third party rights, and the risk that the User may incur costs of defence 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 defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Dynamis shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
14.3
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
14.4
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Dynamis (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 transaction.
15.0 Limitation of Liability
The features and services on this website are provided on an "as is" and "as available" basis, and Dynamis 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 of Fitness for a particular purpose. All such warranties, conditions, undertakings and terms are hereby excluded.
We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. We do not represent or warranty that the manufacture, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third party rights; and we make no representations or warranties of any kind concerning any product, opportunity or service offered or displayed on the website.
Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or 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 Us or through or from the Website shall create any warranty not expressly stated herein.
Under no circumstances shall We be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its 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.
Each User hereby agrees to indemnify and save Dynamis, its 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 use of the Website (including but not limited to the display of such User's information on the Website) or from its breach of any of the terms and conditions of this Agreement.
Each User hereby further agrees to indemnify and save Dynamis, its 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 User's breach of any representations and warranties made by User to Us. Each User hereby further agrees to indemnify and save Dynamis, its affiliates, directors, officers and employees harmless, from any and all losses, 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 Website. Each User hereby further agrees that We are not responsible and shall have no liability to it, 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. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Us in asserting any available defences.
We 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, strict liability or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Website;
- any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Website;
- violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site 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;
- unauthorized access by third parties to data or private information of any User; or,
- statements or conduct of any User of the Website.
16.0 Notices
All notices or demands to or upon Dynamis shall be effective if in writing and shall be duly made when sent to Dynamis in the following manner: to Dynamis House, Sycamore Street, London EC1Y 0SW, United Kingdom.
All 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 the Website or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- We are able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon posting such notice on an area of the Website that is publicly accessible without charge.
17.0 FEEDBACK
We welcome your continuous input regarding our Terms and Conditions or our services provided to you. You may send us your comments and responses to Our customer services team.
If you have any further questions or comments about this Agreement and would like to write to Us directly, please send your comments to: Chief Executive Officer, Dynamis plc. Dynamis House, Sycamore Street, London EC1Y 0SW. United Kingdom.