This User Agreement, and all policies posted on our sites set out the terms on which BixP offers you (vendor and/or customer) access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
- About BixP
The brand BixP is owned solely by Masters BIXP LLC registered under the limited liability company act of the state of Delaware in the United States of America. Bixp provide a web site www.bixp.orga multi-vendor business platform that provide access to customers/clients to find and do businesses online with their business partner (such business partners are referred to as vendors). BixP give vendors the opportunity to provide sales and services to their customer globally. Bixp also provide an avenue for them to advertise their goods and services to the public.
BixP does not in any way have possession of anything listed, sold or advertised through the platform. Therefore BixP is not involved in the actual transaction between vendors and their customers. Business transaction is conducted directly between vendor and customer and as such,BixP is not involved in such deals. What BixP does is to provide a platform for vendors to meet with their customers globally.
Bixp has put in place mechanism to guide against any breach of payment or delivery of goods or services by customer of vendors, should there be any case of dispute, Bixp has put in place mechanism for dispute resolution, however, BixP haveno control over, and does not guarantee the existence, quality, safety or legality of, items posted on the platform. BixP does not guarantee the truth or accuracy of users’ content, the ability of vendors to transact business or their customers to pay for goods or services end to end.
However, BixP will not tolerate any breach of payment by a customer or failure by vendors to deliver goods or/and services when customers have already made payment. Bixp shall take all available legal means to ensure that there is equity for either vendors or customers that transact business on the platform.
Bixp at our discretion reserve the right to vary, terminate and/or choose not to provide all or part of our services to anyone for any reason and/or period of time.
- Using BixP
In order to use Bixp, a vendor or customer should observe the following:
- Should take time to list content or items in appropriate categories or areas on the platform;
- Should at any point in time conduct his business within the limits and rights of the laws governing the jurisdiction in which he/she operates. As a result, the vendor is obliged to state his/her terms and condition in accordance with the laws operating in the jurisdiction where he/she operates on the module for terms and condition provided on the site. He/she is therefore wholly and solely responsible for breach of such laws.
- Should notbreach any third-party rights or the systems or policies of BixP.
- Should not deal on any counterfeit, prohibited, contraband or any items that is legally or otherwise prohibited in the jurisdiction where he/she operate.
- Should not infringe on the copyright, trademark or other rights of third parties;
- The platform is only allowed for persons that can form legally binding opinions and therefore execute legally binding contracts. A vendor/customer must therefore ensure that all transactions are done with persons that can execute legally binding contracts.
- A customer who deliberately or otherwise fail to pay for goods and/or services, unless there is a valid reason as set out in the policy ofBixP or the vendor has materially changed the item’s description or terms of services stated on his/her platform after payment has been made or a clear typographical error is made, or customer cannot contact the vendor, such customer will be either temporarily or indefinitely suspended from using BixP services and other actions stated in the term and condition of BixP will be taken against such customer.
- A vendor who deliberately or otherwise fail to deliver items sold to a customer or render servicer to a customer who has paid for such services, unless the vendor has a valid reason as set out inBixP policy, for example the customer fails to comply with the terms posted in the vendor’s listing, or cannot contact the customer, such vendor will either temporarily or indefinitely be suspended from using BixP services and other actions stated in the term and condition of BixP will be taken against such vendor
- BixP will take actionagainst a vendor or customer as the case maybe who is involved in the following action and anyother action that Bixp might think inimical to Bixp or / and it’s vendors and customer:
- A vendor who manipulate the price of any item or interfere with any other user’s listings;
- A vendor who post false, inaccurate, misleading, offensive, defamatory, or libellous content;
- A vendor/ customer who take any action that may undermine the feedback or ratings systems.
- A vendor/ customer who transfer a BixP account and user ID to another party without the consent of Bixp.
- A vendor/ customer who distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- A vendor/ customer who use the contact information of other users for any purpose other than in relation to a specific BixP transaction on the BixP site.
- A vendor/ customer who distribute viruses or any other technologies that may harm services and operations of Bixp, or the interests or property of BixP users;
- A vendor/ customer who uses any technology, robot, spider, scraper or other automated means to access our services for any purpose;
- A vendor/customer whobypass any of our security or robot exclusion headers, or interfere with the operation of our Services, or maliciously or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- A vendor/ customer who export or re-export any BixP application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
- A vendor/ customer whoinfringe in any of the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to BixPor someone else;
- A vendor/ customer who in anyway infringe on any Intellectual Property Rights that belong to a third parties.
- A vendor/ customer commercialise any BixP application or any information or software associated with such application;
- A vendor/ customer who harvest or otherwise collect any information about users, without their due consent or mutual agreement.
- A vendor/ customer who circumvent any measures,technical or otherwise that Bixpuses to provide Services.
If you are registering with BixP as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on BixP, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement visiting this help page. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of BixP, you may be subject to a range of actions, including limits on your buying and selling or provision of services privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a vendor and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling or rather providing services outside of BixP, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the BixP site, even if the item does not sell or services was not provided.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
- Abusing BixP
If in the opinion of Bixp an abuse of the rights and privileges of use of the platform is detected, Bixp may blacklist, limit, suspend, or terminate the account(s) and access of the vendor. In case of a customer, such sanctions will also be applied.
Bixp reserve the right to restrict or prohibit access to its services on the platformif in its opinion there is an abuse of the rights and privileges of use. BixP may remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the vendor or customer, reduce or eliminate any discounts, and take technical and/or legal actionagainst such erring vendor or customer.
Some of such abuses are as follow although not limited to the list below:
- When a vendor/customer violate the laws of the federal Republic of Nigeria or he laws of the jurisdiction where it operate in the cause of carrying out business on the platform.
- Where in our opinion thecustomer/vendor is problematic or possibly is a legal liabilities for BixP, its vendors, customers or other third parties.
- Where we are of the opinion that such restrictions will improve the security of Bixp, the users of the platform and its community. It also include where the restriction will reduce our or another user’s exposure to financial liabilities.
- Where we are of the opinion that a customer/vendor is infringing the rights of other vendors, customers or third parties;
- Where we are of the opinion that a customer/vendor is acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users.
- Where it is necessary for BixP to verify or authenticate any information of a vendor/customer but is unable to verify or authenticate such information that thecustomer/vendor provided despite reasonable endeavour to verify / authenticate such information.
- Customer/ vendor fail to make, or it is evident that customer/vendor are unable to make, full payment of any fees due for our Services by customer/vendor payment due date.
When there is a dispute between vendors and their customers, we may consider the performance history and the specific circumstances before applying our policies.
Vendors’ fees for using our Services are listed on our Feespage. We may change our fees, or introduce new fees from time to time by posting the changes on the BixP site or via the Messages section of your dashboard 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
If you are a vendor, you are liable for transaction fees arising out of all sales made using some or all BixP Services, even if sales terms are finalised or payment is made outside of BixP. In addition, if you are a vendor and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the BixP site, even if the item does not actually sell.
You are required to have a payment method on file when selling on BixP. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
Vendors fees don’t purchase exclusive rights to item exposure on BixP whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
- Listing Conditions
When you (a vendor) open a business platform on Bixp and thereafter list an item for sales or services, you agree to comply with the rules for listing, sales and services practices that are:
- You have provided true and accurate information to Bixp in the cause of registering your business and you are therefore bound by any information so provided. You are therefore liable for any misinformation provided either by omission or commission.
- You are responsible for the accuracy of content and legality of the item listed on your platform and agree to list in accordance with the prohibited and restricted items policy of the jurisdiction where your business is operated.
- Your listing may not be immediately searchable by keyword or category for up to 24 hours as a result, BixP does not guarantee exact listing durations.
- You are mandated to provide valid tax identification number during registration. You are therefore responsible for all taxes related to any transaction on the BixP site.
- To the extent that it is possible under the laws of the Federal Republic of Nigeria, and any other jurisdiction where you operate, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
- Content that violates any of BixP’s policies may be modified, obfuscated or deleted at BixP’s discretion;
- We may revise product data associated with listings to supplement, remove, or correct information;
- Our intention is to create a business platform where customers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- Customer’s location, search query, browsing site and history;
- business location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- vendor’s history, including listing practices, detailed vendors ratings, BixP policy compliance, feedback, and defect rate; and
- number of listings matching the buyer’s query
- To ensure positive customer’s experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the customers
- There may be some advanced listing upgrades that may only be visible on certain Bixp Services.
- Listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results.
- We may remove or alter meta-tags and URL links that are included in a vendor’s listing so as not to affect third party search engine results;
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
- Bixp advertises the Services and provides other BixP companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements;
- BixP may make additional services available to customers,you are permitted to offer your own additional services if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by BixP or by any BixP partners.
- Purchase Conditions
When transacting business on Bixp site, you agree to comply with transaction rules that:
- You are responsible for reading the full item listing before making a bid or commitment to enter into any transaction with a vendor.
- You enter into a legally binding contract to purchase an item for sale or service when you commit to buy an item or request for a service from a vendor on Bixp platform.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
Permission to our catalogue and/or product data in all descriptions and specifications that are provided by us or by third parties which might include BixP users is subject to revocation by BixP at any time at the sole discretion of BixP. Such contents may be use solely for listings in your BixP platform within the period your listings are on BixP’s sites.
You agree that the responsibility for examining or warranting the listings or content provided by third parties through the Services is not the responsibility of BixP.You may choose to use our catalogue content and/or product data in connection with your listings, however,you agree to the accuracy of the content that is directly associated with your listings.You agree to continue to fully comply with this User Agreement and all BixP policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree to solely include the data in your listing without removing any copyright, proprietary or identification markings in the catalogue or product data. You shall not create any derivative works based on that data (other than by including the data in your listings).
The name “BixP” and other BixP marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of BixPworld wide. They may not be used unless expressly authorised by BixP in writing.
- Data protection and Privacy
- You and BixP shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will BixP and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under any applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws of the jurisdiction where you operate.This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
- You shall process personal data received from BixP exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
- Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension and/or legal action where necessary.
- As part of the Services, BixP has access to various information about users, including personal data. This includes information that users submit to BixP as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
- From your dashboard and, upon request, or other sources you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
- BixP only shares information about users with third parties if this is necessary for the provision of the Services or if BixP is legally or contractually entitled to do so.
- Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your BixP account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
- For information regarding the processing of personal data by BixP, including sharing such data with third parties and your rights as a data subject.
- Additional Terms
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, BixP may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My BixP. Where returns have been set to automatically accept requests, an BixP-generated return postage label will be provided to your buyer. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorise BixP to request the payment service provider that you have choosen to reverse the refund amount (in the same or other currency) from your account with them, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, vendor will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the vendor’s responsibility.
You authorise BixP to include return postage charges and auto-refunds on your invoice, which may be charged to your automatic payment method on file, when:
- aBixP-generated return postage label is used, and the seller is responsible for its cost;
- returns and refunds have been automated; and/or
- you fail to send your buyer a return postage label and instead an BixP-generated label is used.
When a transaction is cancelled (and provided the transaction was not processed via managed payments), and you choose to refund the buyer via BixP, you authorise BixP to request payment service provider to reverse the refund amount (in the same or other currency) from the vendor’s account, to the buyer.
BixP Money Back Guarantee
Most transactions on Bixp services may not experience failure, but if there’s a problem with a purchase, the BixP Money Back Guarantee helps buyers and vendors communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any case.
Under the BixP Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or BixP because a case is resolved in the buyer’s favour, we may:
- For transactions processed via managed payments, request the BixP entity which processed the payment to reimburse the buyer on your behalf pursuant to the BixP Money Back Guarantee policy. In the event that the funds held on the seller’s behalf are insufficient for refunding the buyer based on a successful BixP Money Back Guarantee claim, the seller is obliged to reimburse us for the amounts owed to the buyer. The sellers authorises us to recoup these amounts from the seller on our behalf in accordance with BixP’s policies and procedures (including any amounts resulting from International Transactions as stipulated in the BixP Money Guarantee policy).
- for transactions which are not processed via managed payments, remove funds from the vendor’s payment service provider’s account to reimburse the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, in accordance with the seller’s authorisation provided to us under this User Agreement; or where there are insufficient funds in the seller’s Payment services providers account, directly refund the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the vendor is found at fault, we will notify the vendor and charge the reimbursement amount to the vendor’s chosen payment method, or invoice the vendor for the reimbursement amount.
Vendors must have a payment method on file with BixP. Vendors may change this payment method by contacting BixP. For this purpose, you, in the capacity of a vendor authorise and instruct us to:
- collect or reverse variable amounts from your account to carry out a buyer reimbursement; or, where the transaction was not processed via managed payments, request Payment services providers to collect or reverse variable amounts from your Payment services providers account to carry out a buyer reimbursement in the transaction currency or in other currency holdings (representing payments related to eligible claims) where you do not have sufficient funds available in the transaction currency;
- Requestpayment services providers to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your Payment services providers account at any point during the resolution process. (This may result in Payment services providers determining to restrict funds in your Payment services providers account in order to manage Payment services providers’ risk exposure pursuant to Payment services providers policies.);
- charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- Place the reimbursement amount on the vendor invoice, including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the BixP Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the vendor and continue to charge the vendor’s preferred payment method. If vendors do not provide BixP with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the BixP Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and vendors
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the BixP Money Back Guarantee refund or reimbursement.
We may add certain delivery options to your listings in order to help improve buyer experience. For items that are eligible, we may choose to make BixP Click & Collect available as a delivery option on your listings on BixP unless you opt out at either an account or listing level.
By not opting out, you acknowledge that you have read and agree to the Terms and conditions for Click & Collect and that these terms will apply to the relevant listings. Those terms include, among other important provisions:
- a description of the items that are ineligible and restrictions on the value, weights and dimensions of items that may qualify for BixP Click & Collect as a delivery option; and
- Consequences of an item being undeliverable or unidentifiable, including an authorisation from you to dispose of, sell or donate the item to charity.
- Managed Payments
All payments on BixP is managed by third party payment providers that will be made available to vendors on their dashboard. The vendor may choose any of the payment providers which means he/she must have registered with such payment provider and have agreed to their terms and condition.
A vendor shall choose from available payment services providers on our platform and will therefore give authority to Bixp to automatically charge his/her chosen payment method the applicable billing agreement(s). He/she has therefore agreed to be billed when setting up or changing his/her payment method, for future charges and fees incurred in relation to the services. This includes, but is not limited to, amounts owed for BixP fees, BixP Money Back Guarantee reimbursements and postage labels. BixP will notify you of these charges. If payments or amounts owed to BixP cannot be completed through the payment method on file for any reason, you are still required to pay BixP for all unpaid amounts and BixP reserves the right to seek reimbursement through other means plus any additional costs incurred by BixP in seeking reimbursement. You can change your payment method in BixP at any time.
The contract for sale underlying the purchase of goods is directly concluded between vendor and the buyer.
If you are a buyer completing a purchase from a vendor that is using managed payments:
- You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to vendors. By completing purchases from vendors who use managed payments, buyers authorise the payments entity to initiate payments using the buyers’ selected payment method and collect the transaction amounts on behalf of vendors. Buyers agree and understand that payments received by the applicable payments entity from buyers satisfy buyers’ obligations to pay vendors in the amount of payments received.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with BixP’s internal risk controls or due to potential violations of any policy of BixP or the payments entity, or a policy of one of the payments entity’s third party payments services providers.
- The payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on BixP Services when you make a purchase, redeem a coupon, or make any other transaction on BixP Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on BixP Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method from your dashboard. You are responsible for maintaining the accuracy of information we have on file, and you consent to BixP updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
- You may seek returns or cancellations on BixP Services, or file BixP Money Back Guarantee claims on BixP Services. The payments entity refunds amounts paid for successful BixP Money Back Guarantee claims and returned or cancelled transactions in cases where the original payment was managed by the payments entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.
We try to keep BixP and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in BixP’s Services may not occur in real time. Such functionality is subject to delays beyond BixP’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by BixP;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any BixP Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing BixP section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. BixP cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the BixP Money Back Guarantee up to the price the item sold for on BixP and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of BixP’s Services or your breach of any law or the rights of a third party.
- Legal Disputes
If a dispute arises between you and BixP, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. BixP Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in BixP user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the BixP group (including, without limitation, in respect of any services provided by any member of the BixP group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from aBixP credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of your dashboard or by posting the amended terms on www.bixp.org. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and aBixP representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the BixP site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement.
If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
The User Agreement and all policies posted on our site are the entire agreement between you and BixP and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section.
Important: This user agreement is effective from 1 January 2022.