1.2.1 Limited use of copyrighted materials
1.4.1 Intellectual property policy
3.1 Termination of the BIZAY contract
3.6.2 Discount for new customers
IV. Conditions of sale - Shipping and Returns Policy
4.8 Correction of errors and inaccuracies
Please read these terms and conditions of use carefully, as they regulate your access to and use of this website. Any person accessing the BIZAY website and/or its subsidiaries (hereinafter referred to as "BIZAY") implicitly accepts the terms and conditions contained in these General Conditions of Use. If you do not agree with the following terms, we recommend that you report the situation to BIZAY's email address email@example.com and that you do not use this website. This site contains graphics, photographs, images, document examples, artwork, text, fonts, music, software tools and other information (hereinafter referred to as "content") that are the property of BIZAY.
BIZAY may change or modify the website, including services and content, at any time and without notice. In order to ensure greater awareness of your rights and duties as a User, we recommend that you consult these terms and conditions of use each time you access this website.BIZAY can't guarantee that..:
- The creations are always unique and have no similarities and/or are used by others;
- Any design created through our creative tools does not infringe any third party rights and/or any trademark.
The User assumes responsibility for the use of this website in accordance with the rules in these terms and conditions and in accordance with the legislation in force in Portugal, particularly with regard to the rules of electronic commerce. You agree that you will not use this website to produce offensive, illegal, malicious, harmful, or any other action that violates the rights of other individuals, trademarks, or companies.
BIZAY informs the User that by moving to another BIZAY page they will accept the terms and conditions set out in the specific case. It also informs that the content of the terms and conditions of all the websites of the countries within the European Economic Area coincide fully, being distinct only in the language in which they are presented. Nevertheless, in case of divergence between the terms and conditions of the different countries of the European Economic Area in which it operates, BIZAY informs that the Portuguese version shall prevail.
- Register on the website, creating a unique profile in your own name or on behalf of a legal person as long as you have powers to do so, providing true information and refraining from creating multiple profiles or on behalf of third parties without having sufficient powers of representation;
Do not upload, download, publish, email or otherwise transmit content:<ol><li>whose character is illegal, pornographic, incitement to hatred, which violates laws related to child pornography and sexual exploitation of minors, allows or encourages unsafe practices that may cause physical, mental or moral harm to children, which may be objectionable in racial, ethnic, social, political, legal, moral or religious terms, or otherwise objectionable, or which may be offensive to the rights of third parties, including, without limitation, the rights to the protection of privacy and intellectual property;
- whose character is illegal, pornographic, incitement to hatred, which violates laws related to child pornography and sexual exploitation of minors, allows or encourages unsafe practices that may cause physical, mental or moral harm to children, which may be objectionable in racial, ethnic, social, political, legal, moral or religious terms, or otherwise objectionable, or which may be offensive to the rights of third parties, including, without limitation, the rights to the protection of privacy and intellectual property;
- that may violate any patent, trademark, trade secret, copyright, intellectual or exclusive right of any person. In order for there to be no doubts, the User can only contribute with works of his authorship, therefore originals. This means that the User may not use images of celebrities or products of companies, nor images, texts or graphic designs that have been copied from a particular website without the written permission of the owner. The User may not create a "new" image or a slogan using elements of images or quotations that have been created by other people;
- which constitutes or encourages a criminal offence or illegal activity, violates the rights of any person or violates any national or international law or regulation;
- which involves the transmission of unsolicited or unauthorized advertising or promotional materials, unsolicited mail, spam, postage chains or any other form of solicitation;
- whose information is false or misleading;
- or any material containing computer viruses or any other computer code, files or programs generated to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
- Not to extort the identity of any natural or legal person, or to misrepresent the User's relationship with an individual or legal entity in an inaccurate or deliberately incorrect manner;
- Not disrupt or abuse the website or any services, promotions or discounts, system resources, accounts, servers or networks or other websites linked to or accessible through our website, or jeopardize the security of such websites;
- Do not use or falsify the non-public areas of the website, or access them. Any User who accesses, improperly and without authorization, these areas of the website, may be subject to legal action;
- Do not transfer the User's BIZAY account to another person without the prior written consent of BIZAY;
- Do not copy, alter or distribute rights or content of the website, services or tools, or BIZAY's trademarks and copyrights;
- Not to capture or otherwise collect information about Users, including their email addresses, without their consent.
BIZAY reserves the right to cancel any User accounts created without constituting BIZAY's obligation to indemnify the User in the event that false or abusive profiles are created regarding the rights of representation or if there is an abusive use of the website or promotional campaigns that are in force at any time.
The User acknowledges that BIZAY does not carry out any prior examination of the content submitted. At the time of placing your order, you acknowledge that BIZAY may review the order and its contents to ensure compliance with BIZAY's guidelines and compliance with the terms and conditions of this Agreement. BIZAY does not subscribe and, consequently, is not responsible for any content sent to the website by any User, or any opinion, recommendation or advice expressed on it. Without limiting the foregoing, BIZAY and the persons designated by it shall have the right to refuse or remove, without prior notice, any content that violates the contract or that BIZAY considers otherwise objectionable. In this regard, the BIZAY User undertakes to analyse and bear all the risks associated with the use of all its content.
The User acknowledges and agrees to be responsible for the creation and compilation of its content, and that neither BIZAY nor any other party involved in the production of any product incorporating such content assumes such responsibility. The production by BIZAY of any product displaying the User's content does not constitute an indication that BIZAY approves the content in question, that the content complies with all applicable laws, or that the User is exempt from all liability or damages arising from the use of the Content.
The User acknowledges and agrees that BIZAY may preserve or store its content, as well as disclose it if it is required to do so by law, or if BIZAY understands, according to sensible criteria and as provided in our Privacy Protection Policy, that such conservation, storage or disclosure is necessary.
The User acknowledges that he/she is responsible for all acts and communications made through his/her account. BIZAY assumes no responsibility and cannot be held responsible for content uploaded or otherwise transmitted by or to the User or by or to third parties. This means that BIZAY cannot be held responsible or liable for any errors, defamation, insults, calumnies, omissions, falsehoods, counterfeits, obscenities, pornography or blasphemy that the User or third parties may encounter. The User undertakes to waive all claims against BIZAY, service providers, agents and employees for loss, damage and injury that relate to the communications, content or materials contained on the website. The User further undertakes to indemnify BIZAY for all claims and expenses, including reasonable attorneys' fees, based on or arising out of the User's breach of any provisions of this Agreement.
It is important to stress that the customer is solely responsible for the content they submit, for the content they produce in the product editor available on the BIZAY website and for the content they request to be used in the "design replication" and "custom design" services. That is, the customer assures the rights to images, graphics, fonts, text and other materials incorporated in the products. By submitting a design, by using the product editor made available on the BIZAY website or by requesting the "design replication" or "custom design" services, you agree that you will not include text, fonts, images, drawings, trademarks, service marks or any other third party copyrighted material in the products, unless you have obtained the appropriate permissions from the owners. The customer warrants that the products do not infringe any third party rights, including copyrights, trademarks, publicity rights or privacy, and that it will not defame any third parties. You further warrant that you have all rights or permissions necessary to incorporate third-party materials into your products, including third-party materials made available through a third-party design service. You warrant that you have all necessary authorizations, permissions and rights to place an order through this website and authorize BIZAY to produce the products on your behalf. The client grants BIZAY the right to copy, modify, create derivative works and vector any content submitted by the client in order to fulfill the order. In addition, the customer warrants to have sufficient rights to allow BIZAY to copy, modify, create derivative works and vector any content uploaded for the purpose of fulfilling the order.
The User acknowledges and accepts that all content contained or distributed on or through the website by BIZAY, its advertisers or other third parties is protected by trademarks, service marks, patents, copyrights or by laws and other exclusive rights. The User may not use or distribute any content received through the website without the consent of BIZAY or the owner of the content.
You acknowledge and agree that the website and any software made available to you or used in connection with the website contain proprietary and confidential information which is protected by intellectual property and other laws.
Subject to the User's compliance with the terms and conditions of this Agreement, BIZAY grants the User a non-exclusive and non-transferable license to use the software only as necessary to use this website, and counts on the User's commitment not to modify, rent, allocate, loan, sell, distribute or create derivative works based on the website or the software, in whole or in part.
BIZAY grants the User a non-exclusive, revocable and limited license to use the content and tools, images and photographs of BIZAY products in order to promote and advertise the website, for which the User must always include a suitable reference to the author of the same contents and a link to the BIZAY website. BIZAY reserves the right to terminate this license at any time.
BIZAY's distinctive signs, product images and brands may not be used in relation to any product or service that does not belong to BIZAY, in any way that is likely to cause confusion among customers, or in any way that disparages or damages BIZAY's reputation. All other brands not belonging to BIZAY that appear on this website are the property of their respective owners, who may or may not be affiliated with BIZAY, be or not related to BIZAY, or be or not sponsored by BIZAY.
This site and all its contents are the property of BIZAY, which owns the respective copyright or is owned by parties who have licensed BIZAY to use such property.
It is expressly prohibited to retain, copy, distribute, disseminate or use the content, except in those cases stipulated in these terms and conditions of use. BIZAY reserves the right to add, delete or modify part(s) of the content at any time and without prior notice.
Intellectual Property advocated by BIZAY emerges when a certain idea becomes something tangible. Intellectual property can be a trademark, an invention patent, an industrial design or other type of creation and can be legally acquired. BIZAY respects the intellectual property rights of third parties. BIZAY may terminate the accounts of Users who violate, or may violate, the copyrights or other intellectual property rights of third parties.
If the User understands that its content has been copied in a manner that would give rise to a copyright and/or trademark infringement, he/she is requested to notify BIZAY, and to provide the following information ("Notification"):
- An electronic or manual signature of the person authorised to act on behalf of the copyright owner/trademark;
- A description of the copyrighted work and/or trademark that is allegedly infringed;
- The address, telephone number and email address of the User;
- A statement by the User that, in his/her good-faith opinion, the disputed use has not been authorised by the owner of the copyright/brand, its agent or the law;
- A statement by You, issued under penalty of perjury, that the above information included in Your Notice is accurate and that You are authorized to act on behalf of the relevant copyright/brand owner.
Also in this context and with adaptation to our Print on Demand (POD) service, it is BIZAY's policy to terminate the privileges of any User who repeatedly infringes the copyright by immediately reporting this infringement to BIZAY by the copyright holder or a legal representative. Without prejudice to the foregoing, if you believe that your work has been copied and published in the services or used in a book in a way that constitutes copyright infringement, you must provide the information set out in our intellectual property policy to BIZAY.
Please note that this procedure is intended solely to notify BIZAY of the occurrence of a copyright or trademark infringement by the User. Thus, you can contact us through the address: firstname.lastname@example.org
BIZAY is a registered trademark under which the commercial company Binary Subject, S.A. operates, with headquarters at Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-628, Torres Vedras.
The User agrees that BIZAY may, at its sole discretion, terminate this Agreement, including, without limitation, the cancellation of his/her password, account (or any part thereof) or use of the Website, and remove and delete any content with which the User has contributed to the Website, at any time, with or without justification.
BIZAY may also, in its sole discretion and at any time, fail to make the website, or any part thereof, available with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be made without notice, and acknowledge and agree that BIZAY may, with immediate effect, disable or delete your account and all files and related information in your account and/or prevent any further access to such files from the Website.
In addition, the User agrees that BIZAY will not be responsible to the User or third parties for any cancellation of the User's access to the website. If the User objects to any of the terms and conditions of the contract, or is dissatisfied in any way with the website, the only way to appeal is to immediately stop using the website and/or cancel his/her account. For this purpose the user must send an email with such a request to the email address email@example.com.
Termination of this contract shall not affect the respective rights and obligations of the parties (including, without limitation, payment obligations) arising before the date of termination.
You agree to defend, indemnify and hold BIZAY harmless from and against all judgments, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' and experts' fees and litigation expenses arising out of or on the basis of:
- The content that the User submits, publishes or transmits through the website;
- The use of the website by the User;
- The User's connection to the website;
- Violation of the contract by the User;
- Violation of third party rights by the User.
The risk of the use of this website by the User is at the sole risk of the User. This website and the information, services, products, programs and materials available through it are provided as is and in accordance with availability.
The website and all its contents are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability and fitness for a particular use or any violation of rights. This includes:
All warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights, without limitation;
BIZAY does not issue any warranty:
- That the website or its content will meet the needs of the User;
- That the website or service will be continuous, timely, secure or error-free;
- That the quality of products, services, information, or other materials purchased or obtained by the User through the website will meet the expectations of the User;
- That defects, if any, will be corrected;
- Regarding the unauthorized access or use of our secure servers and/or the personal and/or financial information stored on them;
- Any bugs, viruses or the like that may be transmitted to or through our services by any third party;
- It is possible that references and links to products or services of independent companies may appear on the website. These references and links are provided without warranty of any kind, either express or implied.
The User agrees that BIZAY shall have no liability for any damages incurred by the User in relation to the website or any content of the website. The User expressly agrees that the risk of using this website, including all content, data or software distributed by the website or downloaded or accessed from it, or through it, is at the sole risk of the User. The User understands and agrees that he/she will assume full responsibility for any damage caused.
Neither BIZAY nor its officers, employees, directors, agents, suppliers, or any other party involved in the creation, production, transmission or distribution of BIZAY services or related services shall in any circumstances, including, without limitation, in the case of own negligence, be liable for any loss or damages of a direct or indirect nature, including, without limitation, damages for lost profits, goodwill, use, data or other intangible losses (even if BIZAY has been advised of the possibility of such damages obligations), as a result:
- The use or impossibility of using the website;
- The cost of purchasing goods and services to replace any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the website;
- Unauthorised access to, or alteration of, User transmissions or data;
- The statements or conduct of third parties on the website or,
- Any other question related to the website.
The User expressly acknowledges that BIZAY shall not be liable for any defamatory, offensive or illegal content or conduct of any third party, and that the risk of injury or damage as a result thereof is solely for the account of the User.
BIZAY gives you the assurance that its products and services are of quality. If you are not 100% satisfied with your purchase, you only have to contact BIZAY and follow our returns policy.
BIZAY takes its commitment to customer satisfaction very seriously. However, there are certain situations which are beyond our reach and which are therefore not covered by this guarantee. Please note that we cannot be held responsible for..:
- Client spelling, punctuation or grammar errors;
- Poor quality or low resolution of loaded images;
- Design errors made by the customer during the product creation process;
- Incorrect choice of options, such as: finish, quantity or type of product;
- Defects in the products, discovered after they have been delivered to the customer;
- Incorrect address indication by the customer.
We recommend that you thoroughly review your drawings and correct possible errors before placing your order. In order to be able to continue to have reduced prices and to provide its customers with these great offers and discounts, BIZAY does not provide proof of documents created by its customers after orders have been processed.
The return of money to the customer requires the return of the entire product by the customer. After the correct receipt, BIZAY's financial department will return the amount paid.
It is not possible to accumulate several promotional campaigns. For this reason, when there are several promotional campaigns in place, the highest discount is automatically awarded.
Abusive use of the website intended to obtain undue financial advantages (promotions, discounts or others) by the User constitutes a crime of fraud, legitimizing BIZAY to cancel the User's account, cancel any economic or other gains to which the User illegitimately gained access, prosecute or civilly claim the User and demand compensation for property and moral damages.
The promotional offers or campaigns disclosed are valid only for the moment they are displayed on the site, BIZAY reserves the right to cancel actions or promotional campaigns or to suspend them for as long as it deems necessary, without need of prior notice to the Customer .
The Shipping Offer campaign consists of the return of the value of the shipment of the order. To do this, a credit will be made to the BIZAY client account.
The campaign is valid on any delivery option, but the value returned to the customer account is always the value corresponding to the most economical shipping option.
The value of the shipment will be automatically returned to the BIZAY client account, when the payment is validated. The amount returned can be consulted in the area "My Account" > "Everyone wins" and can be used in the following 89 days. To do so, just click on "Use Balance" in step 3 of the shopping cart, before finalizing your order. If the customer does not use the credit within the period indicated, it will be considered expired and the amount cannot be recovered.
The campaign will be available again in any purchase 90 days after the credit is made available in BIZAY customer account. The discount will be displayed again in the shopping cart, as explained above.
This campaign may or may not be cumulative with other campaigns. If the campaign is cumulative, it shall cover only the net value actually paid by the customer.
BIZAY reserves the right to change the conditions of this campaign at any time and without prior notice.
All new customers benefit from a promotional discount of $5.00 applicable to the purchase of a product with a price equal or superior to $12.50. It is not possible to accumulate several promotional campaigns. For this reason, when there are other promotional campaigns in place, the highest discount is automatically awarded.
The Everyone Wins Campaign consists of allocating a value of $3.00 to a customer account for customers who register on the website through a link to the All Win campaign shared by an already registered customer. When a customer, who has registered under the conditions described above, makes his first purchase, $5.50 are credited to the customer account of the customer who initially shared the link for registration. By accumulating an amount equal to or greater than $100.00 in the customer account through this campaign, the customer has the possibility of refunding the accumulated amount. The amount will be made available through a prepaid card upon customer request. The card will be sent to the Customer's address, being necessary the sending by the Customer of all the identification elements requested by BIZAY at the time of the refund request.
This information is not exhaustive and may be occasionally overlaid by other campaigns in force.
When a purchase process is completed, the products cannot be modified or the order cancelled. In order to ensure delivery within short deadlines, orders are processed immediately, preventing any changes. Since this is a 100% customized product for the client, no cancellation of the order is allowed.
However, BIZAY reserves the right to cancel a free or promotional product order in the event that there is any false or dubious identification element (name, email address, billing address, shipping address, contact, User's credit card number).
BIZAY undertakes to fully reproduce the order as previewed in the publisher, safeguarding itself from minor variations in colour characteristic of offset printing, spelling mistakes, content errors or any other errors for which the customer is responsible.
BIZAY strives to ensure 100% satisfaction. However, in situations where the order is not in accordance with the order placed by the customer (only in cases of damage or defect of the order), BIZAY undertakes to reprint the product in a short time (at no cost to the customer) or return the amount paid by the customer for the order, in which case the customer should send an email with the order to firstname.lastname@example.org, within fourteen (14) days after receiving the product. In this case, a digital image of the product shall be attached to the investigation. Thus, the exchange or refund of the order can be made as soon as we receive your contact. BIZAY ensures that the amount in question (total amount spent on the product including shipping costs) will be refunded within 30 days of your contact.
The prices of the products are described on the website and are in Dollars. Prices and products may change at the discretion of BIZAY. BIZAY may occasionally offer promotional discounts. The User must accept the conditions of the promotion in order to benefit from the discount. The User undertakes not to use more than one discount per item, unless such use is expressly permitted by BIZAY.
The ownership and risk of loss of all products ordered by the User are transferred to the Carrier with the shipment and are transferred to the User when he signs the proof that the products ordered have been received. Purchases are subject to BIZAY's shipping and return policy. BIZAY reserves the right to cancel the order of any product for any reason, including orders that may infringe the intellectual property rights of third parties, by notifying the Buyer of the cancellation of the order.
BIZAY offers three production schedules, according to the urgency of each order:
- Up to 7 business days (base price);
- 48 business hours (+ 3% of the price of the product, minimum of $2.29);
- 0 business hours (+ 15% of the price of the product, minimum of $5.74);
We recommend that you use, whenever possible, the Normal delivery time. If we can anticipate the production of your order, your order will be delivered to you before the set deadline.
The cost of shipping your order varies depending on the weight of the order and the degree of urgency of production, taking into account the postal code of delivery. To calculate the shipping costs and delivery time, add your products to the cart, go to the next page and enter your zip code.
Please note that the delivery time is counted from 2pm of each working day (closing time for production planning).
Payments can be made by Credit Card. Payment will be transferred on the date of the order. The final price of any product will be the price shown on the date and time of the order. The User ensures that all details provided at the time of ordering are correct and valid. The User ensures that the credit/debit card has sufficient funds to cover the costs of the order. BIZAY reserves the right to obtain validation from the User's credit/debit card before processing any order. The contract is only complete when the amounts are received and confirmed by BIZAY. BIZAY reserves the right to deny any order placed by the User.
BIZAY ensures that the entire payment process is done with complete security.
If BIZAY sends a new order, due to your defective product, you will have to return the damaged product within 30 days. BIZAY reserves the right to charge for the new order if the damaged order is not returned within 30 days.
The information and product lists on this website may contain typographical errors or be inaccurate, and may not be complete or current. BIZAY therefore reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without notice (including after the User has placed his/her order). Please note that such errors, inaccuracies or omissions may relate to the description, pricing and/or availability of products. BIZAY also reserves the right to limit or restrict the quantities of products (even after the User has submitted his/her order) for any reason, including, without limitation, if the product breaches any terms of this Agreement.
If a product is offered for sale at an incorrect price or with incorrect information due to a typographical error, an error in prices or product information that BIZAY receives from the Partners, BIZAY reserves the right to refuse or cancel orders for catalogued products at the incorrect price.
BIZAY has the right to refuse or cancel such orders regardless of whether they have already been confirmed and the sale has been charged to the Customer. If the purchase has already been charged and the order is cancelled, BIZAY will immediately issue a credit to the Customer's credit card account or refund the amount in the same way as the purchase was made. If BIZAY has overcharged for any product, it will reimburse You for the difference between the amount that has been charged and the correct price of the product in question.
The invoice is sent to the customer through his email account once the payment is made and confirmed.
The invoice will also be available for download through the BIZAY customer account on the website www.bizay.com.
The seller of the products and services offered and sold on this site is Binary Subject, S.A., a company duly established under the laws currently in force in Portugal, whose registered office is at Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-628, Torres Vedras.
BIZAY is a company belonging to the group of Binary Suject, S.A., a commercial company under Portuguese law, with registered office in Portugal, Hipólito Center Park, Fracción F, 2 A, Bairro Arenes, 2560-628, Torres Vedras, registered at the Conservatorio del Registro Mercantil under legal entity number 509980422.
All issues relating to the protection, infringement or illegal use of copyrighted materials shall be dealt with and resolved on the basis of the copyright protection laws of Portugal. All other issues related to your access or use of this website should be dealt with and resolved based on the laws of Portugal. Any action or legal proceeding relating to or resulting from your access to or use of this site shall be taken in Portugal. As a User of the site, you agree to submit to the jurisdiction of the courts of Portugal; and you agree that jurisdiction is appropriate in such action or legal proceeding. You further agree not to claim, in any action or legal proceeding involving BIZAY, that a court in Portugal may be an inappropriate forum for carrying out such action or legal proceeding.