The following are the Terms and Conditions applicable to natural or legal persons, national or foreign, who access, use, and subscribe to the services provided and use of the services offered by Bizeus LLC, on the bizeus.com site. Anyone wishing to access, subscribe to, or use the Site or Services may do so subject to the General Terms and Conditions and Privacy Policy, along with all other policies and principles that govern www.bizeus.com and that are incorporated herein by reference, or that are explained or detailed in other sections. Consequently, all visits, contracts, and transactions made on this site, as well as their legal effects, will be governed by these policies and subject to the laws of the state of Wyoming, United States.
If a user uses the BIZEUS Site, this will imply full acceptance of the conditions established in the General Terms and Conditions and BIZEUS Policies. By using the site or its services, the User is expressly obliged to comply with them, and cannot claim ignorance of these General Terms and Conditions and Privacy Policy.
1. LEGAL CAPACITY
The Services are only available to people who have the legal capacity to contract. Persons who do not have such capacity and minors may not use the services. Anyone who registers a User as a company must have the capacity to contract on behalf of such entity and to bind it to the terms of this agreement.
2. REGISTRATION AND USE OF THE SITE
It is mandatory to complete the registration form in all its fields with valid data to become an authorized User of BIZEUS (the «Member» or the «User»), and for the acquisition of products and/or services offered on this site.
BIZEUS may use various means to identify its Members, but BIZEUS is NOT responsible for the accuracy of the Data provided by its Users. Users guarantee and respond, in any case, for the accuracy, truthfulness, validity, and authenticity of the Data entered. Each member can only have 1 (one) BIZEUS account and cannot access more than 1 (one) BIZEUS account with different email addresses or by falsifying, modifying, or altering their data in any possible way. If fraudulent, malicious use, or contrary to these Terms and Conditions or contrary to good faith is verified or suspected, BIZEUS has the unappealable right to terminate accounts and even initiate legal action against the offenders.
BIZEUS reserves the right to request vouchers or additional data to verify the Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, BIZEUS may terminate the accounts created, without generating any right to compensation, payment, or indemnification.
Once registered, the Member will have their email address and a secret key (hereinafter the «Key») which will allow personalized, confidential, and secure access. If in possession of these data, the User will be able to change the access Key, for which they must follow the procedure established on the respective site. The User undertakes to maintain the confidentiality of their access Key, assuming full responsibility for the maintenance of the confidentiality of their secret Key registered on this website, which allows them to make purchases, request services, and obtain information (the «Account»). This Key is for personal use, and its delivery to third parties does not involve the responsibility of BIZEUS or the companies in case of misuse, negligent or incorrect use.
The User will be responsible for all operations carried out in and from their Account, as access to it is restricted to the entry and use of a secret Key, known exclusively to the User. The Member commits to notify BIZEUS immediately and by suitable and reliable means, of any unauthorized use of their Account or Key, as well as the entry by unauthorized third parties into it. It is clarified that the sale, transfer, loan, or transfer of the Key or Account under no title is prohibited.
BIZEUS reserves the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or expose the reasons for its decision and without generating any right to indemnification or compensation.
3. MODIFICATIONS OF THE AGREEMENT
BIZEUS may modify the General Terms and Conditions at any time, making the modified terms public on the Site. All modified terms will come into force 10 (ten) days after their publication. Within 5 (five) days following the publication of the introduced modifications, the User must communicate by e-mail if they do not accept them; in that case, the contractual link will be dissolved, and they will be disabled as a Member. After this period, it will be considered that the User accepts the new terms, and the contract will continue to bind both parties.
4. PROCEDURE FOR USING THIS INTERNET SITE
In the contracts offered through the Site, the Offering Company will inform, in an unequivocal and easily accessible way, the steps that must be followed to celebrate them, and will inform, when appropriate, if the electronic document in which the contract is formalized will be archived and if it will be accessible to the Member. The mere fact of following the steps indicated on this site for making a purchase is equivalent to accepting that effectively the Offering Company has complied with the conditions contained in this section. It will also indicate its postal or electronic mail address and the technical means available to the Member to identify and correct errors in the sending or in their data.
5. Payment and Billing:
The fees to be charged for the service will be calculated according to the PLAN selection by the CLIENT, and will be detailed prior to the purchase of a PLAN. Once the CLIENT acquires a PLAN, it is programmed on the WEBSITE for future charges for the use of the service.
CLIENTS accept that in the payment PLANS, they will be regularly charged every certain period of time, previously communicated and accepted by the CLIENT. The Bizeus.com PLATFORM reserves the right to modify, expand, reduce, establish, or eliminate any payment modality, as it deems convenient for the correct functioning of the SERVICE. The applicable rates for the contracted SERVICE will be charged to the CLIENT once the service has started; these rates will be automatically charged through the credit or debit cards registered by the CLIENTS. The Bizeus.com PLATFORM reserves the right to validate the payment method and request pre-authorization for the charge to the issuing entity of the credit or debit card according to the information provided by the CLIENT. Once the charge is made, the respective electronic invoice will be sent with the data provided by the CLIENT on the PLATFORM. The CLIENT may change or cancel their chosen PLAN at any time. If a cancellation or change of the PLAN is made, the CLIENT will lose total or partial access to the platform functionalities. The CLIENT may not request a refund of their payment once the charge for the PLAN has been made under the time and price parameters previously accepted by the client. The client may request the cancellation of their plan up to 1 day before the charge of the same.
6. INTELLECTUAL PROPERTY
All the content included or made available to the User on the Site, including trademarks, drawings, texts, graphics, logos, icons, images, audio files, digital downloads, and any other information (the «Content»), is owned by BIZEUS or has been licensed to it by the Supplier Companies. The compilation of the Content is the exclusive property of BIZEUS, and in this sense, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the Company.
In addition to the Content, the trademarks, denominative or figurative, service marks, industrial designs, and any other element of intellectual property that is part of the Content (the «Industrial Property»), are owned by BIZEUS or the Supplier Companies and, for this reason, cannot be used by the Users in connection with any product or service that is not provided by BIZEUS. In the same sense, the Industrial Property may not be used by the Users in connection with any product and service that is not one of those commercialized or offered by BIZEUS or in a way that produces confusion with its customers or that discredits the Company or the Supplier Companies.
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7. BIZEUS RESPONSIBILITY
BIZEUS will do its best within its capabilities to ensure that the transmission of the Site is uninterrupted and error-free. However, given the nature of the Internet, such conditions cannot be guaranteed. Similarly, the User’s access to the Account may occasionally be restricted or suspended in order to carry out repairs, maintenance, or introduce new Services. BIZEUS will not be responsible for losses (i) that have not been caused by its failure to comply with its obligations; (ii) loss of profits or business opportunities; (iii) any indirect damage.
8. INFORMATION SECURITY AND PERSONAL DATA PROCESSING
8.1. BIZEUS and the CLIENT commit to process the Personal Data involved in the elaboration and necessary for the execution of the contract subscribed between them, solely and exclusively to fulfill the purpose for which they are intended and in compliance with all applicable privacy and data protection regulations.
8.2. BIZEUS or its affiliates, their employees, representatives, contractors, or others will carry out the Processing of Personal Data on behalf of the CONTROLLER and will ensure that any person involved in the Processing of Personal Data on their behalf, due to the contract subscribed between BIZEUS and CLIENT, will comply with the provisions set forth in this clause.
8.3. Purpose: BIZEUS, as Operator, will process the Personal Data received in accordance with the contract subscribed with the CLIENT, in its amendments, or to comply with the instructions provided by the Controller within the contractual relationship, always in compliance with the applicable principles and standards, observing the applicable legislation on privacy and data protection.
8.4. Security measures and controls: BIZEUS declares and guarantees that it has measures to protect the processed Personal Data, as well as having an established information security policy, which determines technical and administrative measures capable of ensuring the integrity, availability, and confidentiality of the processed information.
8.5. Exchange of personal information: BIZEUS will ensure that the Personal Data is not accessed, shared, or transferred to third parties (including subcontractors, authorized agents, and affiliates) without the prior written authorization of the Controller, except in cases necessary for the execution of the contract signed with the CLIENT.
In cases where it is shared with third parties, BIZEUS must ensure that third parties: a) comply with applicable legislation on privacy and data protection; b) observe the purposes and guidelines established by the Controller for the Processing of Personal Data; and c) adopt, at least, the same data protection standards adopted by BIZEUS.
In cases provided for in point «i» above, BIZEUS will be responsible for all actions and omissions made by such third parties, related to the Processing of Personal Data, as if it had performed them personally and directly.
8.6. Audits: BIZEUS recognizes the Controller’s right to conduct audits related to the existing Processing activities under its contract, so it will make available, upon request and as long as there is a 15-day notice and that BIZEUS’s regular activities are not impaired, all necessary documentation to demonstrate compliance with the obligations set forth in this clause and the applicable legislation on privacy and Personal Data protection, with due respect to trade secrets.
8.7. Confidentiality of the audit: The Parties agree that any auditor or third-party security company that enters into a contract with BIZEUS must (1) use BIZEUS’s confidential information only for inspection or audit purposes; (2) maintain the confidentiality of BIZEUS’s confidential information (including any information related to its other clients); and (3) process Personal Data in accordance with the rules established here for the Processing of Personal Data by BIZEUS.
8.8. International transfer: If an international transfer of Personal Data is necessary to comply with the contract subscribed with the CLIENT, BIZEUS will previously inform the Controller and will adopt the necessary security measures to ensure the confidentiality, integrity, and availability of the transferred Personal Data.
8.9. Rights of the Data Subjects: Whenever requested, BIZEUS will assist the Controller in satisfying the requests made by the Interested Parties. The assistance obligation set forth in the caput may be carried out by implementing functionalities in BIZEUS’s systems, in such a way that allows the Controller and its representatives to extract the information on their own.
8.10. Incidents: BIZEUS declares to have an Incident response plan. In case of an Incident involving Personal Data, BIZEUS will inform the Controller as soon as possible, reporting:
- Date and time of the incident;
- Date and time of notification by the notifier;
- List of types of personal data affected by the incident;
- Number of affected data subjects (size of the incident) and, if possible, the list of these individuals;
- Contact details of the responsible person or another person from whom more information about what happened can be obtained;
- Description of the possible consequences of the event;
8.11. Destruction or return of Personal Data: BIZEUS must, under the control of the Controller, or when the existing contractual and obligatory link expires, return the Personal Data shared for the previously agreed purposes and carry out the definitive and permanent deletion of Personal Data, except in the case where BIZEUS has legal protection or obligation to continue processing Personal Data. The client may request at any time the destruction of personal data from their account by sending an email to admin@bizeus.com.
8.12. Documentation: Bizeus may document and archive all the Controller’s decisions and instructions related to the Processing of Personal Data necessary for the execution of its Contract, for a sufficient period to protect itself in case administrative or judicial procedures are initiated, due to non-compliance with applicable legislation.
8.13. Liability: Bizeus will not be responsible for claims, losses and damages, legal, administrative or arbitration costs, in any instance or court, fines, or any other situation involving the payment of monetary amounts, except if the facts that motivated such consequences result from the exclusive and proven fault of Bizeus, and are directly related to the contract subscribed with the CLIENT.
In accordance with the provisions set forth in the caput, the Controller undertakes to keep BIZEUS free from any judicial, administrative, or arbitration procedure that may be initiated;
As Operator, BIZEUS safeguards its right of return against the Controller, in case of incurring any of the aforementioned procedures/costs, without prejudice to the reimbursement of the expenses derived from the process, in addition to other measures, such as the denunciation of the dispute;
BIZEUS safeguards its right to reject, through formal written notification, any operation ordered by the Controller that involves in the Processing of Personal Data the non-compliance with the current Personal Data protection standards;
8.14. Survival: Notwithstanding any provision to the contrary, the Parties’ obligations defined in this BIZEUS or its affiliates, their employees, representatives, contractors, or others will carry out the Processing of Personal Data on behalf of the RESPONSIBLE and will ensure that any person involved in the Processing of Personal Data on their behalf, due to the contract subscribed between BIZEUS and CLIENT, will comply with the provisions set forth in this clause; the use will continue as long as BIZEUS continues to have access, be in possession, acquire or carry out any Processing operation of the Personal Data obtained as a result of the contractual relationship with the Responsible, even if all contracts between BIZEUS and the Responsible have expired or have been terminated
9. LEGAL TERMS
This agreement shall be governed and interpreted in accordance with the laws of Peru, without giving effect to any principle of conflicts of law. If any provision of these Terms and Conditions is declared illegal, or presents a void, or for any reason becomes unenforceable, it shall be interpreted within the framework of the same and in any case shall not affect the validity and enforceability of the remaining provisions.
10. ARBITRATION CLAUSE
Any dispute arising from the execution of the contract between the parties shall be resolved, preferably, by mutual agreement and good faith negotiation.
If the parties fail to reach a friendly solution, disputes shall be resolved exclusively by arbitration, with waiver of any forum or jurisdiction according to the Arbitration Rules of the International Chamber of Commerce (ICC).
The costs of the arbitration procedure, including attorneys’ fees and procedural fees, shall be borne by the party whose claim is dismissed, in proportion to its rejection; the emergency procedures provided for in the regulation shall not be applicable.
The competent arbitration chamber shall be that of the location where the BIZEUS company that provides the services in dispute is based.
11. NOTIFICATIONS
Any comment, concern, or claim regarding the above Terms and Conditions, Privacy Policy, or the execution of any of these, must be notified in writing to BIZEUS LLC. at the email address admin@bizeus.com.
