Energi Bizz Terms for Use
Welcome to ‘energibizz.com’ (“Energi Bizz”) a global provider of website features and e-commerce services to the Energy Industry. When you visit or use the Energi Bizz E-Commerce Platform, including desktop and mobile applications software, users are subject to the following conditions.
By using the “Energi Bizz E-Commerce Platform”, you agree to the following Conditions:
We offer an extensive range of services including, but not limited to, our primary features Virtual Global Warehouse, Manufacturer Direct, BizzNow, BizzPeople, Live Support and sometimes additional terms may apply, for example, when you use Energi Bizz products and services, you also will be subject to the guidelines, terms and agreements applicable to that specific feature or component. If these “Terms for Use” are inconsistent with the specific service terms, those service terms will control.
Privacy
Please review our “Privacy Notice”, which also governs your use of ‘energibizz.com’
Electronic Communications
When you use Energi Bizz software, or services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Energi Bizz services, such as our Video Conferencing Center, where you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copy Right
All content included in or made available through Energi Bizz, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Energi Bizz or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Energi Bizz is the exclusive property of Energi Bizz and protected by international copyright laws.
Trade Marks
Trademarks and trade dress may not be used in connection with any product or service that is not Energi Bizz’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Energi Bizz. Likewise, all other trademarks not owned by Energi Bizz that appear in any Energi Bizz e-commerce component, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Energi Bizz.
Patents
Click here to see a non-exhaustive list of applicable Energi Bizz patents and applicable licensed patents.
License and Access
Subject to your compliance with these “Terms for Use” and any related service terms, and your payment of any applicable fees, Energi Bizz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Energi Bizz E-Commerce Platform. This license does not include any resale or commercial use of any Energi Bizz service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Energi Bizz service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms for Use or any service terms are reserved and retained by Energi Bizz or its licensors, suppliers, publishers, right shoulders, or other content providers. No Energi Bizz service or component, nor any part of any Energi Bizz, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Energi Bizz. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Energi Bizz without express written consent. You may not use any meta tags or any other “hidden text” utilizing Energi Bizz’s name or trademarks without the express written consent of Energi Bizz. You may not misuse the Energi Bizz Ecommerce Platform. You may use the Energi Bizz E-Commerce Platform only as permitted by law. The licenses granted by Energi Bizz terminate if you do not comply with these Terms for Use or any Service Terms.
Your Account
You will need your own account to use certain Energi Bizz features, and you willbe required to be logged in to the account and have our certified and granted authorization for use. If your authorization is fee based and there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Energi Bizz reserves the right to refuse service, terminate accounts, terminate your rights to use Energi Bizz services, remove or edit content, or cancel orders in its sole discretion.
Intellectual Property
Energi Bizz respects the intellectual property of others. Please see our non-disclosure agreement.
All purchases of physical items from ENERGI BIZZ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
LOSS OF ANTICIPATED PROFITS, LOSS OF USE OF EQUIPMENT OR OF ANY INSTALLATION, SYSTEM, OR FACILITY INTO WHICH THE GOODS PURCHASED BY BUYER HEREUNDER MAY BE LOCATED. SELLER’S TOTAL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES ARISING OUT OF OR RELATED TO SELLER’S PERFORMANCE OF THIS CONTRACT OR THE GOODS SOLD HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF SUCH GOODS.
Indemnification
USER agrees to defend, protect, indemnify, and hold ENERGI BIZZ and ENERGI BIZZ affiliates and their respective directors, owners, officers, employees, agents, representatives, vendors, suppliers, subcontractors (or their servants), and shareholders free and harmless from and against any and all losses, costs (including, without limitation, the costs of investigation, suit and attorneys’ fees), claims, causes of action, damages and liabilities (the “Losses”) arising in favor of any person, corporation or other entity, including the parties hereto and their employees, directors, representatives, contractors and agents, on account of bodily injuries or death (including related damages) on account of injury to or death of any such persons or entities or loss of or damage to any property of any such persons or entities, including the Goods after delivery, arising out of, resulting from, or relating in any way to (i) this Agreement or any acts or omissions in connection herewith, including, without limitation, any breach of this Agreement; (ii) the presence of USER or its employees, contractors or agents on a USERS premises; or (iii) any patent, copyright, trademark, trade secret or other intellectual property infringement or alleged infringement resulting from any person or entities purchase, sale or use of any specially manufactured or custom Good supplied by ENERGI BIZZ under this Agreement pursuant to specifications provided by or on behalf of USER. IT IS THE INTENTION OF USER THAT SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS ARISE IN WHOLE OR IN PART FROM THE SOLE, CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF ONE OR MORE OF ENERGI BIZZ, and regardless of any defect in premises, equipment or materials, irrespective of whether same pre-existed this Agreement, except for such Loss resulting solely from a member of ENERGI BIZZ’S gross negligence or willful misconduct.
Waiver of Jury Trial
Buyer and Seller both waive a trial by jury of any and all issues arising in any action or proceeding between the parties hereto or their successors, under or connected with this sale, this agreement, or the goods being purchased under this agreement.
App Permissions
When and if you use apps created by Energi Bizz, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Sanctions and Export Policy
Each Party agrees to conduct its operations under the terms of this Agreement in compliance with all applicable import, export, re-export and foreign trade control statutes, laws, regulations, enactments, directives and ordinances of any governmental authority with jurisdiction over such operations then in effect (“International Trade Laws”) in connection with the performance of its obligations under this Agreement. Each Party shall be responsible for obtaining any necessary authorizations required by International Trade Laws applicable to any Party’s import, export, re-export or other foreign trade activity in connection with the performance of its obligations under this Agreement. The transfer of any material from a Party to any of the other Parties shall likewise be conducted in accordance with the above. Additionally, each Party will cause these terms to be imposed upon any Affiliate and Third Party from which Information, Technology, materials or services are procured for this Agreement, including any supplier or subcontractor. This Agreement does not constitute, and shall not be construed to constitute, an agreement by any Party to take or refrain from taking any action, which would constitute non-compliance with any International Trade Laws applicable to its operations under the terms of this Agreement.
Furthermore, each Party must comply with all international or other export and re-export restrictions that may apply to goods, software (including Energi Bizz software), technology, and services.
Other Businesses
Parties other than Energi Bizz may provide services or software, or sell product lines through the Energi Bizz E-Commerce Platform. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Energi Bizz. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Energi Bizz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES
THE ENERGI BIZZ E-COMMERCE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ENERGI BIZZ ECOMMERCE PLATFORM ARE PROVIDED BY ENERGI BIZZ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ENERGI BIZZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ENERGI BIZZ, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ENERGI BIZZ, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ENERGI BIZZ ECOMMERCE PLATFORM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ENERGI BIZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENERGI BIZZ DOES NOT WARRANT THAT THE ENERGI BIZZ ECOMMERCE PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ENERGI BIZZ ECOMMERCE PLATFORM, ENERGI BIZZ’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ENERGI BIZZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ENERGI BIZZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ENERGI BIZZ ECOMMERCE PLATFORM FEATURE OR COMPONENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ENERGI BIZZ ECOMMERCE PLATFORM FEATURE OR COMPONENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Limitations of Liabilities
To the extent permitted by applicable law, we, Energi Bizz, (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our site;
Pricing, shipping or other guidance provided by us;
Delays or disruptions in our services or site;
Viruses or other malicious software obtained by accessing, or linking to, our services or site;
Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
Damage to your hardware device or other computer systems or software from using any of our services or site;
A suspension or other action taken regarding your account;
Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these Conditions of Use, our services, or site;
Your inability to import or export assets/products, or fines or costs incurred related to the import or export of Assets.
Any act or omission of a third-party, including without limitation third-party sellers and their agents; or
Any dispute between you and a third-party seller, including claims relating to assets/products sold by such third-party seller on our site.
You release Energi Bizz (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited as follows:
If we are the owner and the seller of the Assets, our liability is limited to the (a) purchase price of the Asset (including any applicable sales tax), and (b) any Buyer’s Premium charged on the transaction.
If a third party is the seller of the Assets, our liability is limited to our Buyer’s Premium charged to you.
Defense and Indemnity
You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Conditions of Use, your improper use of our services or our site, your subsequent sale, use or handling of the assets, or your breach of any law or the rights of any third party.
Disputes
Any dispute or claim relating in any way to your use of the Energi Bizz E-Commerce Platform will be resolved by binding arbitration ………………………………………………………………………….
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
Terms and conditions for use of Energi Bizz will be governed by U.K. Law.
Site Policies, Modification, and Severability
Please review our other policies, such as our Enrollment FEE Policy, posted on this site. These policies also govern your use of the Energi Bizz Ecommerce Platform. We reserve the right to make changes to our site, policies, Service Terms, and these Terms for Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Additional Energi Bizz Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Energi Bizz
1. Use of the Energi Bizz Software. You may use Energi Bizz software solely for purposes of enabling you to use the Energi Bizz E-Commerce Platform provided by Energi Bizz, and as permitted by these “Terms for Use” and any Service Terms. You may not incorporate any portion of the Energi Bizz E-Commerce Platform into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Energi Bizz E-Commerce Platform in whole or in part. All software used in any Energi Bizz feature/component is the property of Energi Bizz or its software suppliers and is protected by international copyright laws.
2. Use of Third Party Services. When you use the Energi Bizz services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms for use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Energi Bizz E-Commerce Platform, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Energi Bizz E-Commerce Platform at any time and without notice to you.
5. Conflicts. In the event of any conflict between these Terms for Use and any other Energi Bizz or third-party terms applicable to any portion of The Platform, such other terms will control as to that portion of the Energy Bizz Software and to the extent of the conflict.