Platform Policies
Effective on January 1, 2022
Our mission is to connect the world’s organizations to allow them to implement and execute corporate accountability based on the UN Guiding principles on Human Rights from 2011, different national laws and self-declarations successful. Our services are designed to reduce the overall effort for each member by sharing compliance information and services across supply chains. There is no obligation to use the service, but by using the bizpando service, the organization and the individual user agrees, the truth of all published declarations and accepts, that these direct and indirect business partners can rely on these. By that self-declarations and published audits become part of the contracts between business parties.
Table of Contents
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Introduction
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Obligations
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Rights and Limits
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Disclaimer and Limit of Liability
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Termination
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Governing Law and Dispute Resolution
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General Terms
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bizpando “Dos and Don’ts”
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Complaints Regarding Content
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How To Contact Us
Introduction
1.1 Contract
When you use our services, you agree to all of these these terms. Your use of our services is also subject to our cookie policy and our privacy policy, which covers how we collect, use, share, and store your business and personal information.
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You agree that by clicking “Register”, “Join bizpando”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with bizpando (if you are using our services on behalf of a company or personal). If you do not agree to this contract (“contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our services.
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services
This contract applies to bizpando.com, cahres.com and other bizpando-related sites, apps, communications and other services that state that they are offered under this contract (“services”). Registered users of our services are “members” and unregistered users are “visitors”.
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bizpando
You are entering into this contract with bizpando (also referred to as “we” and “us”).
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We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
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You are entering into this contract with bizpando AG, Switzerland and bizpando AG will be the controller of your business and personal data provided to, or collected by or for, or processed in connection with our services.
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This contract applies to members and visitors.
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As a visitor or member of our services, the collection, use and sharing of your personal data is subject to our privacy policy (which includes our cookie policy and other documents referenced in this privacy policy) and updates.
1.2 Members and visitors
When you register and join the bizpando services, your organization and you become a member. If you have chosen not to register for our services, you may access certain features as a “visitor.”
1.3 Change
We may make changes to the contract.
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We may modify this contract, our privacy policy and our cookies policy from time to time. If we make material changes to it, we will provide you notice through our services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
Obligations
2.1 Service Eligibility
Here are some promises that you make to us in this contract:
If you register your organization, you’re eligible to sign the membership on behalf of your organization.
You’re eligible to enter into this contract and you are at least our “Minimum Age.”
The member services are not for use by anyone under the age of 16.
To use the services, you agree that: (1) you must be the "Minimum Age"(described below) or older; (2) your bizpando accounts is in your real name; and (3) you are not already restricted by bizpando from using the services; (4) the organization registration is in the real data of your organization. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for bizpando to lawfully provide the services to you without parental consent (including using of your personal data) then the minimum age is such older age.
2.2 Your Account
You will keep your password a secret
You will not share an account with anyone else and will follow our rules and the law.
Organizations and members are account holders. You agree to: (1) use a strong password and keep it confidential and (2) be trustworthy and professional. You are responsible for anything that happens through your account unless you close it or report misuse.
Even if you access the organization(s) you are assigned to, with your personal account, the owner (administrator) of the organization is eligible to cancel your assignment. If you have no other assignment, your membership with bizpando will be obsolete. bizpando is a business application and not meant to contain personal data. The owner (administrator) has the right to control access to and get reports on your use of organization related service; however, they do not have rights to your personal account.
2.3 Payment
You’ll honor your payment obligations, and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid services (“subscription services” or “transactional services), you agree in the name of your company to pay us the applicable fees and taxes specific to the paid services. Failure to pay these fees will result in the termination of your paid services. Also, you agree that:
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Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
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We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your services and to use to pay other services you may buy.
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If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
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All of your purchases of services are subject to bizpando’s refund policy.
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We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
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You can get a copy of your invoice through your bizpando account settings.
2.4 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
2.5 Sharing
When you share information on our services, others can see, copy and use that information.
Our services allow messaging and sharing of information in many ways, such as your organizations profile, compliance data and
activities. Some of them are self-, some automatically-triggered.
Your basic organization profile (like Name or, Logo), can be seen by any user on the platform. Your connections with your suppliers (anonymous or visible) as well as their published compliance data will be shared with your connected customers.
Your activities like publishing topics or adding new suppliers will be also shared with your Tier 1 customers. We are not obligated to publish any information or content on our service and can remove it with or without notice.
Key terms
3. Rights and Limits
3.1 Your Licence to bizpando
You (organization as well as individual user) own all the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. That is necessary to allow auditors, business partners and other platform users to access the content, that needs to be shared with them.
As between you and bizpando, you own the content and information that you submit or post to the services, and you are only granting bizpando and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
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You can end this license for specific content by deleting such content from the services, or generally by closing your account, except (a) to the extent you shared it with others as part of the service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
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We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). If you use a service feature, we may mention that with your name, logo or photo to promote that feature within our services, subject to your settings.
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While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
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Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
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You and bizpando agree that if content includes personal data, it is subject to our privacy policy.
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You and bizpando agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the privacy policy and your choices (including settings).
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By submitting suggestions or other feedback regarding our services to bizpando, you agree that bizpando can use and share (but does not have to) such feedback for any purpose without compensation to you.
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You promise to only provide information and content that you have the right to share, and that your bizpando company and/or personal profile will be truthful.
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You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your company and/or personal profile information will be truthful. bizpando may be required by law to remove certain information or content in certain countries.
3.2 Service availability
We may change or end any service or modify our prices prospectively.
We may change, suspend or discontinue any of our services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. bizpando is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our privacy policy.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our services, is at your own risk.
Others may offer their own products and services through our services, and we aren’t responsible for those third-party activities.
By using the services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. bizpando generally does not review content provided by our members or others. You agree that we are not responsible for others’ (including other members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections now you or your organization were mentioned in the news.
bizpando may help connect members offering their services with members seeking services. bizpando does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that bizpando does not supervise, direct, control or monitor members in the performance of these services and agree that (1) bizpando is not responsible for the offering, performance or procurement of these services, (2) bizpando does not endorse any particular member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between bizpando and any member offering services. If you are a member offering services, you represent and warrant that you have all the required licenses.
3.4 Limits
We have the right to limit how you connect and interact on our services.
bizpando reserves the right to limit your use of the services. bizpando reserves the right to restrict, suspend, or terminate your account if you breach this contract or the law or are misusing the services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
bizpando reserves all its intellectual property rights in the services. Trademarks and logos used in connection with the services are the trademarks of their respective owners. bizpando logos and other bizpando trademarks, service marks, graphics and logos used for our services are trademarks or registered trademarks of bizpando.
3.6 Automated Precessing
We use data entered into the system to send invitations, reminders and escalation mails based on your and other members data provided.
We will not send invitations, reminders and escalation mails on our own purpose (except when bizpando acts like a member of the platform).
Key terms
4. Disclaimer and limit of liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our services.
bizpando and is affiliates make no representation or warranty about the services, including any representation, that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, bizpando and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
4.2 Exclusion of liability
These are the limits of legal liability we may have to you.
To the fullest extent permitted by law (and unless bizpando has entered into a separate written agreement that overrides this contract), bizpando, including its affiliates, will not be liable in connection with contracts for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.
bizpando and its affiliates will not be liable to you in connection with this contract for any amount that exceeds (A) the total fees paid or payable by you to bizpando for the services during the term of this contract, if any, or (B) CHF 1.000.
4.3 Basis of the bargain; exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and bizpando and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if bizpando or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this contract and to the extent that they are typical in the context of this contract.
5. Termination
We can each end this contract, but some rights and obligations survive.
Both you and bizpando may terminate this contract at any time with notice to the other. On termination, you lose the right to access or use the services. The following shall survive termination:
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Our rights to use and disclose your feedback;
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Members and/or visitors’ rights to further re-share content and information you shared through the services;
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Sections 4, 6, 7, and 8.2 of this contract;
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Any amounts owed by either party prior to termination remain owed after termination.
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You can visit our contact center to close your account.
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and bizpando agree to resolve it in Zug, Switzerland using Swiss law.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct services to you, where you have your habitual residence. You and bizpando AG agree that the laws of Switzerland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this contract and/or the services. You and bizpando AG agree that claims and disputes can be litigated only in Zug, Switzerland, and we each agree to personal jurisdiction of the courts located in Zug, Switzerland.
7. General Terms
Here are some important details about the contract.
If a court with authority over this contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this contract.
This contract (including additional terms that may be provided by us when you engage with a feature of the services) is the only agreement between us regarding the services and supersedes all prior agreements for the services.
If we don't act to enforce a breach of this contract, that does not mean that bizpando has waived its right to enforce this contract. You may not assign or transfer this contract (or your membership or use of services) to anyone without our consent. However, you agree that bizpando may assign this contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. bizpando “Dos and Don’ts”
bizpando is a community of professionals. This list of “Dos and Don’ts” what you can and cannot do on our services.
8.1. Dos
You agree that you will:
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Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
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Provide accurate information to us and keep it updated;
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Use real organizational data on your profile;
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Use your real name on your profile; and
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Use the services in a professional manner.
8.2. Don’ts
You agree that you will not:
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Create a false identity on bizpando, misrepresent your identity, create a member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
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Create a false organizational identity or an identity for an organization you may not represent;
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Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the services or otherwise copy profiles and other data from the services;
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Override any security feature or bypass or circumvent any access controls or use limits of the service (such as caps on keyword searches or profile views);
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Copy, use, disclose or distribute any information obtained from the services, whether directly or through third parties (such as search engines), without the consent of bizpando;
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Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
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Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
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Violate the intellectual property or other rights of bizpando, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open sourceopen-source licenses; (iii) using the word “bizpando” or our logos in any business name, email, or URL except for direct reference to our service;
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Post anything that contains software viruses, worms, or any other harmful code;
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Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source;
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Imply or state that you are affiliated with or endorsed by bizpando without our express consent (e.g., representing yourself as an accredited bizpando trainer);
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Rent, lease, loan, trade, sell/re-sell or otherwise monetize the services or related data or access to the same, without bizpando’s consent;
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Deep-link to our services for any purpose other than to promote your profile or a group on our services, without bizpando’s consent;
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Use bots or other automated methods to access the services, add or download contacts, send or redirect messages;
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Monitor the services’ availability, performance or functionality for any competitive purpose;
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Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the services;
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Overlay or otherwise modify the services or their appearance (such as by inserting elements into the services or removing, covering, or obscuring an advertisement included on the services);
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Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
9. Complaints regarding content
Contact information for complaint about content provided by our members.
We respect the intellectual property rights of others. We require that information posted by members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a copyright policy for complaints concerning content posted by our members.
10. How to contact us
Our Help Center also provides information about our services.
For general inquiries, you may contact us online. For legal notices or service of process, you may write us at this address:
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bizpando AG
Legal and complaint department
Bösch 21
6331 Hünenberg
Switzerland.