THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE BZR PLATFORM AND THE SERVICES.
By continuing to access or use the BZR Platform or the Services in any manner, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to and is binding on all users of the BZR Platform (or any part therefore), including without limitation users who are, Customers, Partners, contributors of content, information and other materials or services on the BZR Platform, and third party service providers (collectively, the “Users”). As BZR makes use of Google AP(s) in the provision of the Services, users of the BZR Platform and the Services are also bound by Google’s Terms of Service.
BZR operates and maintains a online mobile app-based marketplace platform (the “BZR Platform”) whose infrastructure includes:
The Website At Www.bzr.sg And Any Associated Microsite(S) (The “BZR Site”);
Mobile Applications For Use By Registered Home-Based Food/Beverage Business Owners OR Licensed F&B Operator (Each A “BZR Partner”) (The “BZR Partner App”);
Mobile Applications For Use By Registered Users Forming The Customer Base (Each A “Customer”) (The “Customer App”); And
An Underlying Database Administrated By BZR, That Supports Both The BZR Partner App And Customer App (Together, The “BZR Apps”) And The BZR Site; And
whose overall purpose is to connect registered users who wish to list and sell approved food/beverage products (the “Product”) to other registered users wishing to browse and order such Product, with both parties transacting for the same over a secure platform (the “Services”).
BZR IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE FOOD/BEVERAGE SUPPLY SERVICES. BZR IS NOT A FOOD/BEVERAGE MANUFACTURER/PRODUCER, NOR ARE WE INVOLVED IN, MUCH LESS HAVE CONTROL OVER THE PRODUCT PREPARATION. BZR IS ALSO NOT A WHOLESALER, RETAILER, DISTRIBUTOR, OR COMMERCIAL AGENT OF BZR PARTNERS IN ANY WAY, AND YOU ACKNOWLEDGE THAT BZR HAS NOT REPRESENTED ITSELF TO YOU AS ANY OF THE FOREGOING.
YOU UNDERSTAND AND AGREE THAT BZR IS NOT A PARTY TO ANY CONTRACTS ENTERED INTO BETWEEN PARTNERS AND CUSTOMERS. BZR HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, CUSTOMERS, OR USERS IN GENERAL, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
For Customers: It is up to the Partners on the BZR platform to offer to sell Products to you and it is up to you to accept such offer and order/purchase of the same. BZR links you with such these Partners, but does not nor do we intend to provide any food/beverage supply service. BZR is not responsible nor liable for the acts and/or omissions of any Partners and/or any Product sold or supplied to you through the Services.
For Partners: The Services are intended for use as a means of facilitating your (as a partner onboard the bzr platform and an independent contractor) offer to sell your Products to your Customers. BZR is not responsible or liable for your acts and/or omissions in connection with any Product sold or supplied by you to your Customers. You shall, at all times, not claim or cause any person to misunderstand that you are the agent, employee or staff of BZR. You shall ensure that the Product sold or supplied by you is not, in any way, to be deemed as sold or supplied by BZR.
You acknowledge and accept that the Services may be performed by: (i) certain of BZR’s subsidiaries and affiliates; or (ii) independent third party service providers, in particular our third party delivery and logistics service provider(s), whether in part or in whole.
IT IS EXPRESSLY AGREED THAT THE SERVICES SHALL BE PROVIDED TO YOU (WHETHER AS A CUSTOMER OR AS A PARTNER) ON A BEST EFFORTS BASIS.
YOUR REPRESENTATIONS AND WARRANTIES
By accessing and using the BZR Platform and the Services, you expressly represent and warrant as follows:
You Are At Least Eighteen (18) Years Old.
All The Information Which You Provide In The Course Of Your Usage Shall Be True And Accurate;
Your Use Of The BZR Platform And The Services Is For Your Own Sole, Personal Use;
You Undertake Not To Authorize Others To Use Your Identity Or User Status, And You May Not Assign Or Otherwise Transfer Your User Account To Any Other Person Or Entity.
You Shall Only Access And Use The BZR Platform And The Services Through Authorized Means.
You Shall Check And Ensure That You Have Downloaded The Correct And Current Versions Of The BZR Apps, Appropriate For Your Personal Device.
You Will Only Use The Services For Lawful Purposes;
You Will Only Use The Services For The Purpose For Which It Is Intended To Be Used;
You Will Not Use The BZR Platform Or The Services For Purposes Other Than Obtaining The Service;
You Will Not Try To Harm Or Impede The Performance Of The BZR Platform And The Services;
You Will Not Copy, Or Distribute The BZR Platform (Or Any Part Thereof) Or Other Content Without Written Permission From BZR;
You Will Provide BZR With Proof Of Identity As It May Reasonably Request Or Require, Including, But Not Limited To, In Relation To Monetary Authority Of Singapore (MAS) Requirements;
You Will Provide Accurate, Current And Complete Information As Required For The Services And Undertake The Responsibility To Maintain And Update Your Information In A Timely Manner To Keep It Accurate, Current And Complete At All Times During The Term Of This Agreement. You Agree That BZR May Rely On Your Information As Accurate, Current And Complete. You Acknowledge That If Your Information Is Untrue, Inaccurate, Not Current Or Incomplete In Any Respect, BZR Has The Right But Not The Obligation To Terminate This Agreement With You And Your Access To And Use Of The BZR Platform Or The Services At Any Time With Or Without Notice;
You Shall Not Employ Any Means To Defraud BZR Or Enrich Yourself, Through Any Means, Whether Fraudulent Or Otherwise, Through Any Event, Promotion Or Campaign Launched By BZR To Encourage New Subscription Or Usage Of The Service By New Or Existing Passengers; And
You Shall Not Impair Or Circumvent The Proper Operation Of The Network Which The Service Operates On.
You agree to comply with all applicable laws regarding online conduct and acceptable content. In addition, you must abide by BZR's policies as stated in this Agreement and the BZR policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the BZR Site by BZR or notified to you through your account in the BZR Apps, each of which is incorporated herein by reference and each of which may be updated by BZR from time to time without notice to you:
Trust & Safety Policy
Partners Code Of Conduct
In addition, some services offered by BZR through the BZR Platform may be subject to additional terms and conditions promulgated by BZR from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality, and BZR will not be liable in any way for the same. You agree to immediately notify BZR of any unauthorized account usage.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and other contact details.
Account Transfer: You may not transfer or sell your BZR account to another party.
Right to Refuse Service: BZR’s services are not available to temporarily or indefinitely suspended BZR members. BZR reserves the right, in BZR’s sole discretion, to cancel unconfirmed or inactive accounts. BZR reserves the right to refuse service to anyone, for any reason or for no reason, at any time.
FEES AND CHARGES
As a Customer, unless otherwise stated or notified to you, you may use any of the basic Services for free. All fees and charges in connection with such usage, if and when incurred, will be notified to you.
Service Fee. As a BZR Partner, BZR may charge you for usage of Services, in which case such fees are due immediately and are non-refundable (the “Service Fee”). Although the Service Fee may be payable for all your usage of Services, the amount due from you will be calculated as a percentage of the total order amount per order less processing fees, delivery charges, and agreed discount if any, for all orders.
UNLESS OTHERWISE NOTIFIED TO YOU IN WRITING, THE PREVAILING PERCENTAGE THAT SHALL BE APPLICABLE FOR CALCULATING THE SERVICE FEES PAYABLE TO BZR SHALL BE, BY DEFAULT, THIRTY PERCENT (30%).
Any adjustment to the method of calculation or the applicable percentage will be notified to you . By continuing to use Services after notification of a new service fee rate, you agree to be bound by such rate and authorise us to immediately deduct at the new rate, as and when service fee falls due and payable. In the event of any disagreement or dispute over the applicable percentage between a Partner and BZR, the default applicable percentage of thirty percent (30%) shall apply, and BZR shall be entitled to transact with the Partner on that basis, until such time that the disagreement or dispute is resolved.
Other fees and charges. All fees and charges in connection with your usage of Services, if and when incurred, will be indicated to you. Delivery charges for each order shall be borne by BZR (less the delivery fee paid by the Customer). Processing fees charged by our payment gateway - Stripe - are deducted in full against the total order amount and do not contribute towards the Service Fee payable to BZR in any way.
Promotions. BZR may, at its sole discretion and upon prior notice to BZR Partners, make promotional offers that would apply across the BZR Platform. These offers will then be applied automatically during your Customer’s checkout process. BZR and you will equally bear any associated impact on margins.
Appointment of BZR as payment agent for Partners. Each Partner hereby appoints BZR as the Partner’s limited agent solely for the purpose of collecting payments made by Customers, on behalf of the Partner. Each Partner agrees that payment made by a Customer to BZR shall be considered the same as a payment made directly to the Partner and the Partner will make their Products available to Customer in the agreed upon manner as if the Partner has received the payment from the Customer for the same. In accepting appointment as the limited authorized agent of the Partner, BZR assumes no liability for any acts or omissions of the Partner.
Customer acceptance of BZR as payment agent for Partners. Each Partner, not BZR, are solely responsible for honoring Orders. If you, as a Customer, choose to enter into a transaction with a Partner, you agree and understand that you will be required to enter into an agreement directly with the Partner and wth only such Partner. You acknowledge and agree that, notwithstanding the fact that BZR is not a party to the agreement between you and the Producer, BZR acts as the Partner’s payment agent for the limited purpose of accepting payments from you, on behalf of the Partner. Upon your payment of amounts to BZR which are due to the Partner, your payment obligation to the Partner for such amounts is extinguished, and BZR is responsible for remitting such amounts, less Service Fees and other charges as the case may be, to the Partner. If BZR does not remit any such amounts to a Partner, such Partner will have recourse only against BZR, provided that the Partner is entitled to payment of such amount.
As and when payments fall due from you for your use of Services, you will need to make payment using a valid credit or debit card (a “Card”) that belongs to you. If the Card belongs to someone else, you hereby warrant and agree that you have obtained authorisation to use such Card in the instance.
Card authorisation. You agree that we may verify and authorize your Card details when you first register the Card as a payment method. You also agree that in the process, we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
Security of payments information. All Card payments that you make are processed by our payment gateway - Stripe Inc. Stripe Inc. operates an online payments platform and is a data intermediary processing Card information and related data. Your payments information shall be protected by Stripe Inc. as described in our Privacy Statement, and in Stripe Inc.’s terms of service ( https://stripe.com/sg/checkout/legal ) (the “Stripe Terms of Service”).
By continuing to initiate, make, or permit a Card payment, you agree to be bound by the Stripe Terms of Service. You shall be SOLELY responsible FOR resolve any disputes RELATING TO PAYMENTS PROCESSING DIRECTLY with your Card company OR STRIPE INC. WHERE APPLICABLE, AND ON YOUR OWN.
PRODUCTS & ORDERING
Permits, licences, certifications. You acknowledge and accept that the Partners whom supply and sell Product and are identified as a home business, are operating under the HDB and URA Home Based Small Scale Business Scheme. You also acknowledge and accept that Products are prepared in the residences of these Partners.
BZR IN NO WAY PURPORTS OR REPRESENTS THAT IT OR ITS PARTNERS POSSESS ANY OF THE FOLLOWING LICENCES: FOOD STALL LICENCE, FOOD SHOP LICENCE, HAWKER STALL LICENCE, FOOD PROCESSING ESTABLISHMENT LICENCE, RETAIL FOOD ESTABLISHMENT LICENCE.
BZR does not claim to either issue, assess for, or require halal certification from its Partners. BZR IN NO WAY PURPORTS OR REPRESENTS THAT IT OR ITS PARTNERS ARE LICENSED UNDER ANY OF THE FOLLOWING: Halal Eating Establishment Scheme, Food Preparation Area Scheme, Singapore Malay Chamber of Commerce & Industry ‘100% Muslim Owned F&B Establishment’ membership scheme.
Product descriptions: By listing an item on your e-kitchen menu, you warrant that all aspects of the Product comply with BZR’s published policies. You also warrant that you may legally sell the Product. You must include accurate information for your Product, including but not limited to the allergen status of the Product’s ingredients. Your Product Descriptions may only include text descriptions, graphics, pictures and other content relevant to the sale of that Product.
Contract between Partner and Customer: Placement of and payment for an order by a Customer constitutes acceptance of the Partner’s offer to sell and supply the subject Product. Such acceptance forms a binding and immediate contract between Partner and Customer for the sale and purchase of Product (an “Order”). Through the Services, we facilitate this contract formation and each party’s performance of contractual obligations.
BZR IS NOT AND HAS NO INTENTION OF BEING A WHOLESALER, RETAILER, DISTRIBUTOR, OR YOUR COMMERCIAL AGENT IN ANY WAY. THEREFORE, ALL SALES AND SUPPLY OF PRODUCTS ARE DIRECT FROM PARTNERS TO THEIR CUSTOMERS. FOR EACH ORDER, EACH PARTNER AND CORRESPONDING CUSTOMER SHALL CONTINUE TO BE ULTIMATELY LIABLE FOR THEIR RESPECTIVE OBLIGATIONS, WITH NO LIABILITY WHATSOEVER ACCRUING TO BZR. IN RELATION TO EACH ORDER, A PARTNER AND CORRESPONDING CUSTOMER SHALL ONLY HAVE RIGHTS OF ACTION AGAINST EACH OTHER IN THE EVENT OF BREACH. BZR IS NOT A PARTY TO THE CONTRACT BETWEEN A PARTNER AND CORRESPONDING CUSTOMER FOR ANY ORDER WHATSOEVER.
RESTRICTED Activities AND PROSCRIBED CONDUCT
You are solely responsible for your conduct of activities on and usage of the BZR Platform and the Services. In that respect, you hereby undertake that your use of the BZR Platform and the Services shall not:
Be False, Inaccurate Or Misleading;
Be Fraudulent Or Involve Any Illegal, Unlawful, Or Immoral Elements;
Infringe Upon Any Third Party's Copyright, Patent, Trademark, Trade Secret Or Other Proprietary Or Intellectual Property Rights Or Rights Of Publicity Or To Privacy;
Contain Items That Have Been Identified By The Singapore Consumer Product Safety Regulations And/Or U.S. Consumer Products Safety Commission (CPSC) As Hazardous To Consumers And Therefore Subject To A Recall;
Be Defamatory, Trade Libelous, Unlawfully Threatening, Unlawfully Harassing, Impersonate Or Intimidate Any Person (Including BZR Staff Or Other Users), Or Falsely State Or Otherwise Misrepresent Your Affiliation BZR Or Any Other User, Through For Example, The Use Of Similar Email Address, Nicknames, Or Creation Of False Account(S) Or Any Other Method Or Device;
Be Obscene Or Contain Child Pornography;
Contain Or Transmit Any Code Of A Destructive Nature That May Damage, Detrimentally Interfere With, Surreptitiously Intercept Or Expropriate Any System, Data Or Personal Information;
Take Any Actions That May Undermine Or Discredit The BZR Feedback And Ratings Systems;
Attempt To Decompile, Reverse Engineer, Disassemble Or Hack The Services Or BZR Platform, Or To Defeat Or Overcome Any Encryption Technology Or Security Measures Implemented By BZR With Respect To The Services And/Or Data Transmitted, Processed Or Stored By BZR;
Harvest Or Collect Any Information About Or Regarding Other BZR Users, Whether Through Automated Means, Such As Harvesting Bots, Spiders, Robots Or Scrapers (“Automated Data Collection”), Or Otherwise, Including, Without Limitation, Any Personal Data Or Information;
Upload, Post, Email, Transmit Or Otherwise Make Available Any Unsolicited Or Unauthorised Advertising, Promotional Materials, “Junk Mail”, “Spam”, “Chain Letters”, “Pyramid Schemes”, Or Any Other Unauthorised Form Of Solicitation;
Modify, Adapt Or Hack BZR Or Modify Another Website So As To Falsely Imply That It Is Associated With BZR;
Take Any Action Or Engage In Any Conduct That Could Directly Or Indirectly Damage, Disable, Overburden, Or Impair The Services Or The Servers Or Networks Connected To And Supporting The Services;
Appear To Or Actually Create Liability For BZR Or Cause BZR To Lose (In Whole Or In Part) The Services Of BZR’s ISPs Or Other Suppliers;
Use The Services To “Stalk”, Harass, Or Otherwise Infringe Upon The Privacy Of Other Users;
Use The Services To Collect, Store, Use, Or Disclose The Personal Data About Other Users Without Their Express Consent And In Violation Of Our Privacy Statement;
Link Directly Or Indirectly, Reference Or Contain Descriptions Of Prohibited Goods Or Services.
Remove Any Copyright, Trademark Or Other Proprietary Notices From Any Portion Of The Services;
Reproduce, Modify, Prepare Derivative Works Based Upon, Distribute, License, Lease, Sell, Resell, Transfer, Publicly Display, Publicly Perform, Transmit, Stream, Broadcast Or Otherwise Exploit The Services Except As Expressly Permitted By BZR;
Decompile, Reverse Engineer Or Disassemble The Services Except As May Be Permitted By Applicable Law;
Cause Or Launch Any Programs Or Scripts For The Purpose Of Scraping, Indexing, Surveying, Or Otherwise Data Mining Any Portion Of The Services Or Unduly Burdening Or Hindering The Operation And/Or Functionality Of Any Aspect Of The Services;
Attempt To Gain Unauthorized Access To Or Impair Any Aspect Of The Services Or Its Related Systems Or Networks.
Use The Application For Sending Or Storing Any Unlawful Material Or For Fraudulent Purposes; Or
Involve Causing Nuisance, Annoyance, Inconvenience Or The Making Of False Enquiries Or Fake Orders.
USER PROVIDED CONTENT
To enable your proper use of and benefit from the BZR Platform and the Services, we may, in our sole discretion, permit, recommend, or require you from time to time to submit, upload, publish or otherwise make available to us through the BZR Platform or the Services, textual, audio, and/or visual content and information, including your creatives and store contents for Partners, commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content").
Any User Content you provide to BZR remains your property. However, by providing User Content to BZR, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the BZR Platform and the Services and on third-party websites and services), without requiring further notice to or consent from you, and without the requirement of payment of any form of consideration to you or any other person or entity.
In connection with the foregoing, you represent and warrant the following:
You Are Either The Sole And Exclusive Owner Of All Your User Content Or You Have All Rights, Licenses, Consents And Releases Necessary To Grant BZR The License To Said User Content As Set Forth Above;
Neither The User Content, Nor Your Submission, Uploading, Publishing Or Otherwise Making Available Of Such User Content, Nor Our Use Of The User Content As Permitted Herein Will Infringe, Misappropriate Or Violate A Third Party's Intellectual Property Or Proprietary Rights, Or Rights Of Publicity Or To Privacy, Or Result In The Violation Of Any Applicable Law Or Regulation; And
None Of Your User Content Shall Be Defamatory, Libelous, Hateful, Violent, Obscene, Pornographic, Unlawful, Or Otherwise Offensive, As Determined By BZR In Our Sole Discretion, Whether Or Not Such Material May Be Protected By Law.
Review and usage. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and convenience and at any time and for any reason or no reason, without notice to you. In cases where a User Content is non-compliant only for minor reasons (e.g. spelling errors in product descriptions), we reserve the right to directly intervene upon and alter the User Content accordingly, without being required to notify you or seek your consent first.
PRIVACY AND DATA PROTECTION
You agree and consent to BZR collecting, using, storing, and disclosing your Personal Data for the Purposes and in the manner as identified hereunder, and hereby accept the conditions stated in our Privacy Statement, which are hereby incorporated herein by reference, and agree to be bound by the same.
In this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to BZR in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by BZR from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide BZR your Personal Data, your registration and account information may be incomplete and insufficient and we will not be able to process your Personal Data for the Purposes outlined below and this may cause us to be unable to allow you to access or use the BZR Platform or our Services.
BZR may use your Personal Data for business and activities of BZR which shall include, without limitation the purposes as stated in our Privacy Statement (the “Purposes”). If you do not consent to BZR processing your Personal Data for any of the Purposes, please send us a message through “My Inbox”.
BZR (Through Information, Investigation, Conviction, Settlement, Insurance Or Escrow Investigation, Or Otherwise) Has Reasonable Belief That A User Has Breached These Terms;
BZR Is Unable To Verify Or Authenticate Any Of Your Personal Information, Personal Data, Or User Content;
BZR, In Its Sole Discretion, Believes That A User Is Acting Inconsistently With The Letter Or Spirit Of Our Policies, Has Engaged In Improper Or Fraudulent Activity In Connection With The BZR Platform Or The Services, Or Has Committed Actions That May Cause Legal Liability, Loss, Or Damage To BZR Or Any Of Its Users;
A Hygiene Violation Committed By A Partner And Confirmed Through Internal Investigations;
Persistent Failure By A Partner To Observe The Guidelines On Orders And E-Kitchen Management;
Sub-Par Level Of Reliability And Responsiveness Exhibited By A Partner Through Internal Or Customer-Facing Communications;
Any Attempt To Direct Customers Or Partners Off The BZR Platform;
Repeated Delivery And Re-Delivery Failures Due To Customer’s Unreliable Commitment;
Abusive Behaviour And Language From A Customer, Directed Towards Our Customer Service Team; And
Creating And Then Using Shell Customer Accounts To “Flood” A Partner With False Orders That Are Later Cancelled At The Last Minute.
Consequences of breach. Without prejudice to any other remedies available to us in law or equity, BZR may, without notice or delay, remove User Content, warn BZR’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the BZR Site, and take technical and legal steps to keep a user off the BZR Platform and from being able to use the Services.
DISCLAIMERS AND WARRANTIES
Disclaimer of Warranties. BZR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE BZR PLATFORM OR THE SERVICES.
BZR DOES NOT REPRESENT OR WARRANT THAT:
THE USE OF THE BZR PLATFORM OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
THE BZR PLATFORM AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE BZR PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ERRORS OR DEFECTS IN THE BZR PLATFORM WILL BE CORRECTED; OR
THE BZR PLATFORM OR THE SERVER(S) THAT MAKE THE BZR PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BZR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY OF THE BZR PLATFORM OR THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE BZR PLATFORM AND THE SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER AGAINST BZR.
Internet Delays. THE BZR PLATFORM AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING YOUR OR ANOTHER USER’S PERSONAL DEVICE BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. BZR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM OR IN CONNECTION WITH SUCH PROBLEMS.
Limitation of BZR’s Liability. ANY CLAIMS AGAINST BZR BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICES DURING THE EVENT GIVING RISE TO SUCH CLAIMS.
Exclusions to BZR's liability. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT SHALL BZR AND/OR ITS LICENSORS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR: (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE BZR PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF BZR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BZR AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE BZR PLATFORM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND PARTNERS, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE BZR SITE OR IS REFERRED TO BY THE SERVICES, EVEN IF BZR AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES AND PRODUCTS OFFERED ON THE BZR PLATFORM RESTS SOLELY WITH AND ON YOU.
LIABILITY FOR PRODUCTS PURCHASED THROUGH THE SERVICES REMAINS THE ULTIMATE RESPONSIBILITY OF THE PARTNER THAT YOU HAVE CONTRACTED WITH FOR THE SUPPLY AND SALE OF THE PRODUCTS.
You agree to indemnify, defend and hold harmless BZR, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
The Operation, Management, Or Administration Of The BZR Platform Or The Services Where Such Operation, Management, Or Administration Is In Fact Performed By You;
Your Use Or Misuse Of The BZR Platform Or The Services; And
Your Breach Of Any Applicable Laws Or Regulations.
BZR reserves all rights not expressly granted herein.
Independent contractors. No joint venture, partnership, employment, or agency relationship exists between any Partners and BZR. Partners supply and sell Product as independent contractors directly liable to the Customers. Partners are not authorised in any way to incur costs and liabilities on BZR’s behalf.
Assignment. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
No waiver. The failure of BZR at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
Severability. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
(Last updated 27 July 2017)