1. Introduction.
The following terms and conditions govern all use of the BizWell.se website and all content, services and products available at or through the service (“The Service”, “The BizWell Service”). The Service is owned and operated by BizWell Sweden AB (“BizWell”, “we”, “us”, “our”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BizWell’s Privacy Policy) and procedures that may be published from time to time on this Site by BizWell (collectively, the “Agreement”).Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by BizWell, acceptance is expressly limited to these terms. BizWell operates other websites as well and if such websites have their own terms and conditions those apply for those specific websites.
2. Changes.
Occasionally we may, in our discretion, make changes to the The Service and Agreements. BizWell reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes, however we’ll notify you through The Webpage when we make changes to the Agreement we consider material. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. BizWell may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
3. Usage
• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate PAID logins for as many people as you’d like. You may NOT create more than one trial account since the sole purpose of this account type is to give a potential customer the possibility to evaluate the Service before purchasing a subscription.
• You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify BizWell of any unauthorized uses of your account or any other breaches of security. BizWell will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• If you are using a free account you are not permitted to export information or share this login with anyone.
• One person or legal entity may not maintain more than one free account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• Each customer has a reasonable amount of searches per day that can be used. Whatever BizWell finds reasonable may be determined from time to time unless a daily/weekly/monthly search volume has been specifically contracted.
4. Copyright and Content Ownership.
If you upload files, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
We claim no intellectual property rights over the Content you provide to the Service. Contents uploaded remain yours. If you delete Content, BizWell will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Information added when editing or adding contact information to companies or persons included in the Service can be added to the main database and thus available to other customers. This information includes, but not limited to, address information, phone, email, keys to social networks, titels, contact persons.
Without limiting any of those representations or warranties, BizWell has the right (though not the obligation) to, in BizWell’s sole discretion (i) refuse or remove any content that, in BizWell’s reasonable opinion, violates any BizWell policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in BizWell’s sole discretion. BizWell will have no obligation to provide a refund of any amounts previously paid.
5. Payment and Renewal.
General Terms.
• A valid credit card or invoice details is required for paying accounts. Free trial accounts are not required to provide a credit card number.
• The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
• For any upgrade in plan level, you will automatically be charged the new rate on your next billing cycle as well as months left in your current annual subscription (if applicable).
Automatic Renewal.
• Unless you notify BizWell at least 30 (thirty) days before the end of the applicable subscription period that you want to cancel the Service, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any method of payment that we have on record for you. Renewals may not be paid with any outstanding balance that you may have in your account. The Service can be canceled at any time.
Modifications to the Service and Prices.
• BizWell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
• BizWell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. Personal guarantee for non-payment
The Customer certifies at the time of the order that he has the power to place the order on behalf of the company.
At the time of the order, the person who places the order enters into a personal guarantee with BizWell to guarantee all and any payments due to BizWell from the Company.
This guarantee will remain in full force and effect until all debts has been settled in full and is binding upon the parties.
7. Intellectual Property.
This Agreement does not transfer from BizWell to you any BizWell or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BizWell. BizWell, BizWell.se, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of BizWell or BizWell’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any BizWell or third-party trademarks.
8. Attribution.
BizWell reserves the right to display attribution links such as ‘Via BizWell.se,’ and font attribution in your emails or social network posts from the Service.
9. Termination.
BizWell may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BizWell account (if you have one), you may simply discontinue using the Service and send us a cancellation in writing. This cancellation request must have been received by BizWell at least 30 days prior to the next billing period; otherwise you will be billed fully for the coming period without exceptions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
The Service is provided “as is”. BizWell and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BizWell nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
11. Limitation of Liability.
In no event will BizWell, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BizWell under this agreement during the twelve (12) month period prior to the cause of action. BizWell shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that (i) your use of the Service will be in strict accordance with the BizWell Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Sweden or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification.
You agree to indemnify and hold harmless BizWell, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
14. Quality guarantee
Since the information that BizWell provides constantly changes the company offers the following quality guarantee on every order unless otherwise contracted.
Email addresses & Phone numbers – We guarantee at least 90% active email addresses and/or phone numbers in every order.
Postal addresses – We guarantee at least 98% active addresses in every order.
BizWell will replace any invalid information up to the guaranteed level as soon as possible once the customer has sent the invalid records back to BizWell’s support department. The file that is sent to BizWell must include only the invalid records in the same format as it was delivered and any reclaims must be handed to BizWell no later than 10 days from the day of delivery. No other form of complaint is accepted according to this contract. We reserve ourselves the right to get up to 30 (thirty) days turnaround time in order to deliver a new file to the customer. If we are unable to compensate the customer with new records up to the guaranteed level we will refund the customer for the invalid records up to the guaranteed level or issue credits to the customer for future orders for the same amount.
15. Breach of contract
If the Customer violates these terms, BizWell is entitled to terminate contracted obligations with immediate effect. Substantial breach means that delivery, or parts of the delivery will end up with, or be used by, a third party, or where the right of use is not complied with, BizWell is given the right to invoice the end customer equivalent to double the cost of the sample / service. BizWell also has the right to reimbursement of costs incurred as a result of the Customer’s misuse of the information or other violations of these terms. In the event of obvious misuse of data provided by BizWell, damages of SEK 500,000 are payable.
16. Miscellaneous.
This Agreement constitutes the entire agreement between BizWell and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BizWell, or by the posting by BizWell of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Sweden., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Solna, Sweden. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may not assign your rights under this Agreement to any party without BizWell’s written approval; BizWell may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. Disputes
Any dispute regarding the interpretation of this agreement shall be resolved primarily through negotiation between the parties and, secondly, in the Swedish court proceedings located in Stockholm.