USER Terms and Conditions

 

We are Bizpare® Limited (“we, us, our, Bizpare®, bizpare“) a company registered in England and Wales. Our company registration number is 08994980 and our registered office is at 51 Warrensway, Woodside, Telford, Shropshire, TF7 5QD, United Kingdom.

These terms and conditions govern the basis on which we provide our services and our websites to companies (“User, you, your”).

Bizpare® is a price comparison service that provides a platform where Users can view information and compare the price of photocopiers, printers, stationery, franking machines and similar products or goods (“Products”) supplied by third parties (“Dealers”) through our websites, found at bizpare.com and bizpare.co.uk (together, the “Site”).

These terms and conditions (the “Terms”) (together with our Privacy Policy, Terms of Site Use and Site Acceptable Use Policy) tell you information about us and the legal terms and conditions on which we provide our services to you. We may change these Terms from time to time. If we do so, we will update these Terms.

SUMMARY

You must only use the Site for comparing prices and other features of various Products and for making an offer for a Product. If you are also a Dealer, you must not use the Site to research the deals offered by other Dealers.

You must provide accurate and complete information when using the Site so that we can provide appropriate price comparison quotes.

The Site must only be used by Users that are domiciled in the England and Wales (Territory). Nothing in these Terms will constitute an offer or promotion for services or products outside the Territory.

None of the information data and copyright material contained on the Site must be reproduced or used without our consent.

We provide a price comparison service of Products where you may connect with Dealers and enter into a separate agreement or policy with a Dealer. We are not party to that agreement. You agree to indemnify us against any liability arising under or in relation to such agreement.

  1. GENERAL
    1. These Terms apply to your use of the Site.
    2. By using the Site you warrant and undertake that you are a director of the User (where applicable) or an authorised person, you have authority to bind the User to our Terms and you agree to these Terms. If you do not wish to be bound by these Terms you should not use the Site.
    3. We may change these Terms from time to time. We will give you notice of any changes by posting those changes on our Site. However, any amended terms and conditions will apply to your use of the Site from the date they are posted and if you do not agree with the amended terms and conditions, you are entitled to stop using the Site at that time.
  2. ADDITIONAL DEFINITIONS
    “Account” means collectively the personal/identifying information and credentials used by Users to access parts of the Site.
    “Connected Person” means any person that is a family member or friend of an employee of the Dealer and any legal entity that is owned or owns the Dealer.
    “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site.
    “Dealer” means any third party that is directly or indirectly connected with the supply or provision of any Product, or service ancillary to it, including but not limited to agents, manufacturers, leasing companies, financing companies and financial advisors.
    “Products” means photocopiers, printers, stationery and franking machines and similar products or goods.
    “Quote” means a price for a Product as set by the Dealer from time to time.
    “Relevant Contract” means a contract for the supply of Products, and services ancillary to those Products, entered into between you and the Dealer.
    “Services” the provision of a price comparison website and platform where Users can:

    (a)   compare the prices and suitability of Products that have been uploaded to our site by Dealers;

    (b)   connect with independent Dealers or any relevant third parties to conclude Relevant Contracts; and

    (c)   connect with independent third parties to obtain advice about the Products and any contracts they may enter into in connection with the Products.

    “System” means any online communications infrastructure that Bizpare® makes available through the Site either now or in the future. This includes, but is not limited to, User Reviews, email addresses and online forms.
    “User Review” means a review posted on the Site by a User or Dealer.
  3. OUR SERVICE
    1. The Service is a platform that enables you to research and compare Products, their prices and assess the benefits of each Product and connect with a Dealer and enter into a Relevant Contract with the Dealer.
    2. Access to our Site is free of charge. No part of our site requires payment of any kind in order to access it. Certain parts of our Site may require an Account. Accounts are free of charge.
    3. Access to our Site and our Service are provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site or our Service (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site or our Service (or any part of it) is unavailable at any time and for any period.
    4. To access a list of Products that may be suitable for your needs, you must input various criteria about the type of Product you require. Upon doing so, you will be presented with a list of Products. The order of that list is based on what is most relevant as per the information you input. It is your responsibility to ensure that all information you supply to us or enter onto the Site is complete and accurate. Once you indicate your interest in a Product, your details will be forwarded to the Dealer. No warranty is given that any Product you decide to buy or to lease from a Dealer is suitable or appropriate for your needs. All Products are suggestions only. You are solely responsible for deciding whether any Products are appropriate for your requirements.
    5. Bizpare® is not a party to any Relevant Contract between you and the Dealer or any third party and is not responsible for the Product or the performance of the Dealers or any third party. The Dealer’s own separate terms and conditions will cover any Relevant Contract or agreement between you and the Dealer. These Terms relate only to your use of the Site and our Service.
    6. We do not provide financial, investment or any other advice in relation to the Products, nor do we provide a recommendation or endorsement of Dealers or their Products.
  4. PAYMENT
    1. Our Services to you are free of charge. We invoice the respective Dealer (and, if applicable, any third party) for our fee for any Relevant Contract that you make.
    2. Should you require a refund of a payment made in relation to a Relevant Contract, you must contact the relevant Dealer directly. We are not a party to any agreement you make with the Dealer or any third party in completing a Relevant Contract. We cannot assist you, nor are we able to assist you in claiming a refund, responding to any claim or other issue arising between you and the Dealer. Instead, you will be bound by the terms of the Relevant Contract that you make with the Dealer or any third party.
  5. YOUR OBLIGATIONS
    1. You must only use the Site and the Services with the genuine intention of reviewing and comparing Products with a view to purchasing such Products by entry into a Relevant Contract.
    2. Upon request, you must promptly provide us with full, complete and accurate details of any Relevant Contract entered into by you.
    3. It is your responsibility to ensure that all information you enter onto the Site is complete and accurate. By continuing to use this Site you represent and warrant that:
      1. any information you submit is accurate and truthful; and
      2. you will keep this information accurate and up-to-date.
    4. We do not control the Quotes, the length of time for which a Quote remain valid, or any special conditions relating to the Quotes. These are set by Dealers.
    5. The results provided to you are determined by the information provided by you and the Dealers, and therefore you should take steps to ensure that there are no additional costs or terms when negotiating with a Dealer. Please ensure you read and understand the terms of any agreement you enter into with a Dealer. We do not provide advice or take responsibility in relation to any agreement made between you, a Dealer or any third party.
    6. Quotes may only last for a limited time, and it is your obligation to act on a Quote promptly and return any documentation promptly to give you the best chance of completing a Relevant Contract before the Quote changes.
  6. RESPONSIBILITY FOR CONTENT AND LEGAL RIGHTS AND DISCLAIMERS
    1. We are responsible for protecting your data in accordance with data protection legislation.
    2. We will use reasonable endeavours to provide you with a quality service and virus free Site. However, we are not responsible for computer viruses or other computer related problems you suffer as a result of using the Site, which are beyond our reasonable control. We recommend that you use your own appropriate virus checking software.
    3. At certain times some our Site and Services may not be available to you due to problems with third party websites or the worldwide web. Wherever possible, we will try and notify you of this and email you to let you know when your quotes are ready.
    4. We are not responsible for any commentary, opinions, ratings or other postings on the Site by third parties.
    5. Dealers and third party websites are responsible for their failings or errors and may have a separate duty of care to you. We exclude liability for all errors and omissions of any Dealer or any such third parties.
    6. You may be entitled to rights separate to these Terms under English consumer law or other legislation.
    7. We make no warranty or representation that the Site, the Service or any Products will meet your requirements, that they will not infringe the rights of third parties, that they will be compatible with all systems, or secure.
    8. The opinions expressed in User Reviews are those of their authors and do not represent the opinions of Bizpare®.
    9. While every reasonable endeavour has been made to ensure that all information provided on this Site will be accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
    10. We make no representation or warranty that any part of this Site and our Services is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
  7. USE OF THE SITE
    1. By using the Site you agree that you will not do anything that affects the integrity or security of the Site or causes or may cause harm, damage or unreasonable inconvenience to other Users of the Site or us; and
    2. If you breach paragraph 7.1, we may take such action as we deem appropriate, including denying you access to the Site, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.
  8. POSTING REVIEWS ON THE SITE
    1. When posting a User Review on the Site, you should do so in accordance with the following rules:
      1. you must not use obscene or vulgar language;
      2. your User Review may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the product or service you are reviewing). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. your User Review may not contain Content that is intended to promote or incite violence;
      4. your User Review should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other products or services or with other User Reviews;
      5. User Reviews must be made using the English language. Content in any other language may be removed at our sole discretion;
      6. your User Review may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
      7. you must not post links to other websites containing any of the above types of Content;
      8. your User Review must be placed in the appropriate category;
      9. you must not impersonate other people or businesses;
      10. you must disclose any professional or trade relationship between you and the products or services detailed in your User Review;
      11. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
      12. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    2. We may edit your User Review to comply with the provisions of paragraph 8.1 without prior consultation. In cases of severe breaches of the provisions of paragraph 8.1, your User Review may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
    3. By posting a User Review you warrant and represent that you are the author of that User Review. We accept no responsibility or liability for any infringement of third party rights by such User Review or Content.
    4. We will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User Reviews, nor for any errors or omissions in such reviews. Use of and reliance upon User Reviews is entirely at your own risk.
    5. You acknowledge that we may retain copies of any and all communications, information, Content and User Reviews sent to us or submitted on the Site.
  9. GOOD FAITH
    1. As the Site compares prices and deals of Dealers, who sell similar Products that may serve the same or similar purposes to other Dealers’ Products, the Site holds valuable information about competitors. You, which includes any employee of yours or any other Connected Person, must only use the Site if it is for the genuine and honest purpose of entering into a Relevant Contract.
    2. If you are found to breach paragraph 9.1, you agree that we may prevent your use of the Site as a User or Dealer.
  10. TERRITORY
    The Site is directed only at businesses incorporated in the Territory and nothing within these Terms cover an invitation to treat or promotion of Products to persons outside the Territory. We do not make any warranty or representation that the Services are available or appropriate for use by those outside the Territory. Should you choose to use the Services outside the Territory, you do so at your own risk and it is your responsibility to ensure that you are compliant with any applicable local laws.
  11. INTELLECTUAL PROPERTY
    1. All information, data and copyright material contained on the Site that is uploaded by us, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices (“IP Content”) belong to us or to people whom we have given ownership or permission to use such information data and/or copyright material. You must not use such information or copyright material unless you have written permission from us or the owner to do so.
    2. Any IP Content that you upload to the Site automatically provides us with an indefinite, perpetual and worldwide (or to the jurisdictional limits of the IP Content) licence to use that IP Content.
    3. You may download or copy the content and other downloadable items displayed on the Site for personal non-business use only, (i.e. to assist with a purchasing decision), provided that you are not otherwise breaching these Terms and not sharing any Content directly or indirectly with a Dealer.
  12. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
    1. All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protections Act 1998 and your rights under that Act.
    2. We may use your personal information to:
      1. provide our Services to you;
      2. inform you of new products and services available from us. You may request that we stop sending you this information at any time;
      3. in certain circumstances (if, for example, you wish to pay for the Lease Offer on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection 1998 and should use and hold your personal information accordingly; and
      4. we will not pass on your personal information to any other third parties without first obtaining your express permission.
    3. By using our Site and our Services, you agree and accept that we may pass your personal information to the Dealer or any relevant third party. You hereby waive any and all claims against us in relation to passing to any third party any details provided by you through our Site.
  13. RELEASE
    The Service is only a venue for connecting you and the User. Because we are not involved in or capacity to the Relevant Contract with the Dealer or in the fulfilment of the Relevant Contract, if you have a dispute with one or more Dealers, you release us from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. We expressly disclaim any liability that may arise between you and the Dealer from the use of our Service.
  14. INDEMNIFICATION
    By using this Site and our Services, you agree to indemnify us from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) any Relevant Contract (ii) any claim by any person in relation to any Product (iii) your use or inability to use the Service, or (iv) any content submitted by you or using your account to the Service or the Site, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without our written consent.
  15. TERMINATION
    1. We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use the Site if you:
      1. breach any of these Terms;
      2. infringe or violate or attempt to infringe or violate any rights of any other User(s) of the Site and/or third parties in connection with the Site; or
      3. if you are using the Site to commit or attempt to commit a criminal offence; or
      4. if we suspect that you are in breach of these Terms.
  16. OTHER IMPORTANT TERMS
    1. We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms without our express written permission.
    3. These Terms are between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
    4. If any provision or part-provision of these Terms is or becomes unlawful, invalid or otherwise unenforceable by any court or other authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms.
    5. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
  17. GOVERNING LAW AND JURISDICTION
    1. These Terms and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
    2. Any dispute, controversy, proceedings or claim between you and us relating to these Terms or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

Last updated: 5 February 2016