1. Person accessing and using the B2AND Service and Web site is hereby referred as User.
4. User will keep his password and other access details for use with the Service confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. User shall notify B2AND immediately if he believes that such information is no longer secret. User is solely responsible for all activities that occur under his password or account and will not permit any person to access the Service for any unauthorised purpose that would constitute a breach of these Terms if such a breach was carried out by the User. B2AND will not be liable for any loss either direct or indirect that User may incur, or may create, as a result of someone else’s usage of his password or account, either with or without User’s knowledge or assent.
5. User is solely responsible for the content he posts to/through the Service, and the Service acts only as online referral and advertising platform between Advertisers and Consumers. User agrees that B2AND has no responsibility and liability whatsoever over any content created and/or imported/exported by User and distributed through B2AND, including, but not limited to any marketing campaign information, its related rewards, reward payments, rules of the campaign, amendments of the campaign rules, etc. User shall not: (a) use the Service in any way so as to bring the Service or B2AND into disrepute; (b) use the Service to send unsolicited or unauthorised advertising, promotional material, 'junk mail', 'spam', 'chain letters' or pyramid schemes; (c) use the Service in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive; (d) use the Service in a manner which infringes the intellectual property, proprietary or personal rights of any third party, including data subjects. User who post information that go against this purpose will have their postings deleted and their B2AND accounts may be terminated.
6. User is the data controller in respect of any personal data he provides to the Service and such personal data is not checked or monitored by B2AND and, accordingly, B2AND has no liability or responsibility whatsoever howsoever arising directly or indirectly to the User for the accuracy, contents or use of such personal data. User hereby certifies, that when he registers and acts as Advertiser, he will introduce such personal data only to the B2AND Service, which data he has verified to be opt-in. User hereby certifies, that when he registers and acts as Consumer and participates in any particular B2AND distributed campaign, he automatically opt-in to the Service, which Service he can opt-out anytime if he so wishes. B2AND reserves the right to include in any outgoing campaign messages a disclaimer by B2AND.
7. To the best of the User’s knowledge, User agrees not to knowingly use the Service for any purpose that is unlawful or prohibited and not to knowingly use the Service in any manner which could damage, disable, overburden, or impair the Service or network(s), communications equipment or computer(s) connected to the Service, or interfere with any other party's use and enjoyment of the Service. User shall not knowingly attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall User knowingly commit an act or omission that facilitates such activity by another person. User agrees not to knowingly disable or bypass any functionality of the Service. User will not knowingly, nor shall User commit an act or omission that knowingly assists another person’s effort to harvest or otherwise collect information about others, including but not limited to User e-mail addresses for spamming or other purposes.
8. Occasionally it may be necessary for B2AND to temporarily suspend the Service in whole or in part to carry out Service maintenance. B2AND will inform User about any scheduled maintenance by email, when User is registered as Advertiser. However, B2AND reserves the right to carry out urgent maintenance or repair work at any time. Services may also be suspended in whole or in part whereas B2AND or any third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation. B2AND accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
9. Whilst B2AND will use its reasonable endeavours to do so, it cannot guarantee the delivery of emails to any recipient under the Service as it is dependant upon accurate and up to date email addresses, upon suitable Internet availability and connectivity, on various anti spam and junk mail policies adopted by recipient email service providers as well as restrictions regarding the content, wording and graphics of an email. B2AND makes no representations or warranties whatsoever about the speed or number of emails sent that will be delivered to recipients and accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
10. User acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by intellectual property and other applicable laws. B2AND grants User a limited, personal, non-transferable, non-exclusive license, in object code only, to use the software utilized within the Service. User agrees not to, for the benefit of User or a third party, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from B2AND or the Service.
11. B2AND PROVIDES THE SERVICE "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, B2AND DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF SERVERS FOR THE SERVICE. IN NO EVENT SHALL B2AND BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF B2AND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER UNDERSTANDS THAT NOTHING IN THESE TERMS CREATES FOR B2AND AN OBLIGATION TO OR RIGHT ON BEHALF OF A THIRD PARTY, AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD PARTY CLAIMS ARISING FROM USER’S USE OF THE SERVICE. USE OF THE SERVICE IS AT USER’S SOLE RISK. ANY MATERIAL RECEIVED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM, AND/OR FOR ANY LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE. NO INFORMATION OBTAINED FROM B2AND OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Under any circumstances B2AND's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution arising in connection with the performance, or contemplated performance, of these Terms shall be limited to total no more than what B2AND has profited from that particular Service campaign in question in respect of any single claim or series of connected claims brought by any party under these Terms.
13. B2AND reserves the right to refuse access to the Service in its discretion, including, without limitation, if B2AND believes that User conduct violates applicable law or is harmful to the interests of B2AND and/or its affiliates.
14. B2AND may immediately and without notice suspend the provision of Service to the User if User’s account remains inactive for a period of more than 12 months. B2AND may also suspend any particular marketing campaign that is inactive i.e. such marketing campaign has not been generating any messages to/from B2AND Service within last 14 days.
15. B2AND will not be liable by reason of any failure or delay in the performance of its obligations because of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, B2AND will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
16. No delay by B2AND in enforcing the provisions of these Terms shall prejudice or restrict its rights nor shall any waiver of rights operate as a waiver of any subsequent breach.
17. Any kind of usage of the Service by Advertisers and Consumers shall not automatically lead to Contract between Advertiser and Consumer.
18. User may not assign, sub-contract, sub-licence or otherwise transfer any rights or obligations under these Terms or any part thereof without the prior consent in writing by B2AND.
19. Except where the context requires otherwise, the singular includes the plural and vice versa, a reference to one gender includes all genders, and words denoting persons include firms and corporations and vice versa.
20. If any provision of these Terms shall be invalid, the validity of the remaining provisions of these Terms shall not be affected. User agrees that regardless of any statute or law to the contrary, any claim of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
21. These Terms shall be governed in all respects by the laws of the Estonia and both parties submit to the jurisdiction in Estonia. All disputes arising in connection with the Terms, its negotiations, performance, breach, existence or validity shall be determined by final arbitration in Estonia, in accordance with the Arbitration Rules of International Chamber of Commerce or any successor or replacement legislation, which may be in force. You agree to be bound by the arbitrator's decision.
You acknowledge that you have the authority to execute these Terms and you further acknowledge that these Terms constitute a valid and legally binding obligation.
Updated: August 1, 2015.