Terms of Use

This document states the terms of use of www.buissy.com, including any sites other links on the buissy.com domain, (hereinafter referred to as the Site), a website owned and operated by Buissy.com Ltd. Buissy.com Ltd (hereinafter referred to as Buissy) is a limited liability company registered and incorporated in terms of the laws of Malta, with company registration number C52190 and registered office situated at 15, Waterlily, Triq Manwel Buhagiar, Pembroke, PBM 1402, Malta.

Should you have any questions or comments about our site or our regulations, please contact us at info@buissy.com.

General

Use of the Site or any services or software offered hereon is subject to these Terms of Use which includes our Privacy Policy. The Site is a Business Software Marketplace that includes software developed and packaged by third parties (hereinafter referred to as Software Vendors) and services, together with news and updates about same, intended to enhance business efficiency. Software that is solely intended for private use may not be listed at this site.

By accessing the Site or using any services offered at this site, you accept and agree to be legally bound to these Terms of Use.

Buissy reserves the right to implement changes to and update the Terms of Use at its sole discretion and without notice. As a user of the Site, you are responsible to regularly visit this page and review the Terms of Use, to assure that you are aware of the latest conditions applicable to the use of the Site. Changes of the Terms of Use will be notified by an entry under the News section of the Site.

Buissy may from time to time change the design of the site, functionality, services offered as well as information that can be added at its sole discretion and without previous notice. Any changes that may be implemented are intended to enhance the visitor and user experience of the Site. Software Vendors should also visit the Site regularly to ensure that your product information is maintained updated.

Buissy has the right to review and refuse to upload any information submitted by users to the Site - on the grounds of such information being offensive, unethical, not in line with the general principles of Buissy or generally undesirable for the Site. Buissy may also amend any information that is not written in professional language generally used in a business context without giving prior notice. 

Buissy may remove and close any accounts from its System and delete any related information without providing the account holder prior notice on the grounds that such information is not desirable or not in line with the generally adopted principles of Buissy. Such decision shall not be subject to appeal or contestation. In such an event, the user will be notified and any funds that may be held by Buissy in the customer's account shall be returned to him provided that Buissy has a right to deduct any transfer expenses together with an administrative fee of $20 (USD).

Although Buissy strives to ensure that any information or other content uploaded to the Buissy website is not offensive, misleading, and incorrect or generally undesirable, Buissy shall not be held responsible for any information, content or links that may be published or uploaded by users to the Site. Furthermore, Buissy shall not be held responsible in any manner whatsoever for any information or other content published or otherwise uploaded on any other website that may be linked from the Site.

Services

Buissy shall provide the following services to its Users:

1.       Free software comparison service including the possibility to search and filter the software products listed.

2.       Access to the Buissy Software Market Place facilitating the purchasing of business related software between users and Software Vendors. Provided that the Software Vendor is taking part in the Buissy Special Software Vendor program, users will have the possibility to submit requests for information about software products list that will be forwarded to the relevant Software Vendors.

3.       Access to business development consulting services - both on a without payment and agreed fees basis.

4.       The possibility to subscribe to the Buissy monthly newsletter containing information about new products or product news as well as business related articles and information about current activities on the Site.

In addition to the above services, Buissy shall provide the following services to Software Vendors:

1.       Entitlement to participate in the Buissy Special Software Vendor program allowing Software Vendors to upload further information about their software products, including the possibility to add product news and product release information including backlinks to the website. The details of the services available in terms of the different vendor membership categories may be found at www.buissy.com/membership..

2.       Free listing of business software in the Buissy Software Database including limited information thereon.

3.       Publishing of articles that related to business performance and software in the areas catered for by the Buissy.

4.       The option to purchase  sponsored ranking in the Software Database list providing greater visibility with respect to other software listings.

5.       The possibility to submit articles related to software products included in the Buissy Software Database to be included in the monthly newsletter and/or on the Site.

6.       The option to advertise on either the first page or any of the category pages in any of the advertising spaces available.

Due to the nature of the services being provided by Buissy to the Software Vendors, the Software Vendors acknowledge and agree that the relationship between Software Vendors and Buissy is a business to business relationship.

Site Content

The Site includes a combination of information and other content (including software, advice, processes, procedures, articles, advertisements, photographs, logos and images) generated, created, uploaded or added by either Buissy, our partners, Software Vendors, third parties or other users. Any and all such information and content published or otherwise uploaded on the site may constitute intellectual property and is subject to copyright or other intellectual property protection of Buissy, our partners or Software Vendors or third parties. Any copying, reproduction or use in any other context of such information and other content is strictly prohibited without the specific authorization by the relevant copyright or intellectual property holder.

As a User of the Site, you are solely responsible for any and all information that you make available, either directly or indirectly, on the Site. By uploading any information (including any links to third party sites or video links to YouTube or any similar site), software or product or any other text or item that may be subject to copyright or other intellectual property rights to the Site, you certify that you own all such intellectual property rights linked to the said information, software or any other text or item that may be subject to copyright or other intellectual property rights or have the owner's specific and direct consent to publish the information and act on the owner's behalf. Furthermore, Buissy shall not in any circumstance be held responsible for any of the information added on the site that is not written or developed by or for Buissy. Should Buissy receive any complaint about any abuse or damage that you as a User of this site may have caused to any third interested party in violation of this Clause, Buissy shall take all and any action that it may deem necessary, including but not limited to, the immediate removal of any such information, software or any other text or item that may be subject to copyright or other intellectual property rights without prior notice or any other action that may be legally required of Buissy.

Buissy is merely publishing information that is added or uploaded by persons that are unrelated to Buissy and therefore has no control over any such information or content that may have been added and published on the Site.

Third-Party Sites

The Site may contain links to other sites owned and managed by third parties to provide further information about their services and products which is not possible to display on the Site. Buissy is not responsible in any manner whatsoever for any information that you may read on third party sites and makes no representation about any third party site.  Buissy does not vet or visit third party sites that may be listed on the site - it is up to the user to take the necessary precautions that are generally expected and recommended while browsing the internet.

Buissy has no control over the functionality, security or information on these sites and therefore may not be held responsible in any manner for any problems, issues or damages that may be encountered or caused through the accessing of said third party sites.

Buissy itself does not sell any products and is merely providing a forum where software developers and software vendors may meet with and sell products to potential software purchasers. Any agreements that are entered into between the software purchaser and the Software Vendor, including payment for the software, are done solely between these parties and Buissy is not a party to or otherwise involved in these agreements. In the event of any disagreement, complaint, damages suffered or other negative experience that may be encountered as a result of software purchased through Buissy shall not be entertained, acknowledged or otherwise dealt with by Buissy.

Furthermore, Buissy does not provide any guarantee that software that may be purchased from Software Vendors listed in the Buissy Software Database is free from viruses, spyware, malware, adware or any other unwanted and/or illicit software. The content and the functioning of the Software is the sole responsibility of the Software Vendor and Buissy does not provide any guarantee or warranty thereon, nor does Buissy accept any responsibility or liability whatsoever for any damages that may be suffered as a result of use of the software that may have been purchased or otherwise downloaded through or from the Site.

The payment of any taxes that may due in the jurisdiction of either the Software Purchaser or the Software Vendor shall be the sole responsibility of either the said Parties as may be agreed between them or as may be provided at law. Buissy may not in any manner whatsoever, be held responsible for the payment of any such taxes.

Buissy also publishes, uploads or permits the appearance of advertisements on the Site. Buissy does not have control over such advertisements or the information that may be contained therein and is therefore not responsible for any of information provided, links to third party sites there from, how they are created and/or generated or what message they may be providing.

User's Obligations

Anyone may access the Site and the Buissy Software Database without the need to register and/or login. In order for a user to add information of any kind on the Site, said user must first be registered and logged in. The information collected when registering is necessary for Buissy to provide services in line with Buissy's policies. The data is processed and stored in accordance with our Privacy Policy and the provisions of the Data Protection Act.

Any and all user information submitted to Buissy must be accurate, correct and belonging to the user submitting it. Such submission of information must not be intended to cause damage, harm, inconvenience and disturbance to any other person or company. As a user of the Site you are obliged to maintain your user name and password private and must not reveal it to anyone else. Buissy is not responsible for any information that is removed, changed or added through the access to our system due to an unauthorised use of your account.

Product descriptions must be written in language and containing information generally used in a business context. Should the product description not meet the required standards, Buissy is allowed to remove the product or amend the product description (including the removal of parts of the information and/or product description) at its sole discretion.

It is strictly prohibited Software Vendors to publish or upload anything on the Site that may contain personal information about third parties or anything that may be considered as threatening, abusive or offensive to any other individual or organisation. Any information added should be accurate and not be considered as spam, misleading, illegal or in any other manner undesirable.

Any person who may, directly or indirectly or through mechanical or other automated means, attempt to disturb the normal business operation of Buissy, through server attacks, denial of service attacks, other illegal or undesirable online activity, information theft, unauthorised changes to Site content or perform any activities aimed or intended to harm Site users, the Site or Buissy's operation, will be held liable to Buissy for their actions and if applicable shall be reported to the relevant authorities. Furthermore, Buissy shall maintain its right to seek compensation for damages suffered as a result of said actions in any jurisdiction and on any assets that the perpetrator may hold.

You may not in any manner whatsoever copy information that is published on the Site, whether for private, commercial, educational or any other use, neither manually nor by copying through the use of robots, scripts or any other technology aid. It is also strictly prohibited to sell or distribute any information, system, process, procedure or technology found on the Site in any manner whatsoever. For the avoidance of any doubt, this also means the technology and the concept that the Site is based on.

Buissy does not provide any guarantee whatsoever that the information found on the Site is correct, accurate or up to date. Site users accept that they use the information at their own risk and do not hold Buissy, its employees, directors or partners responsible for any failures, shortcomings or inaccuracies that the information may contain whether or not such information caused directly or indirectly any damages or other harm to any person or entity whatsoever.

Buissy shall accept software to be listed in the Buissy Software Database, any software that is generally considered, by the employees, directors, assistants or consultants of Buissy, to assist businesses in achieving higher levels of efficiency in the categories available in the Buissy Software Database based on the information provided by the Software Vendor - without testing or making use of the software themselves. Any software that may be listed in the Buissy Software Database and does not meet the above criteria may be removed from the Buissy Software Database by Buissy. Provided that Buissy shall inform the Software Vendor that may have submitted said software to the Buissy Software Database.

It is important to categorize the products listed in the Buissy Software Database correctly for ease of user reference and system user friendliness. The organisation and classification of the software products together with instructions and guidelines available to Software Vendors to list the software product under the correct categories shall be the determined by Buissy at its sole discretion.

Buissy may change the software product description (including product name and company name) and information submitted by a Software Vendor to better reflect the function and action of the software product in line with the scope and purpose of Buissy and the Site. In such an event the Software Vendor will be informed and have the possibility to change the submitted information by logging on to his/her account and edit the relevant entry.

Buissy, its employees, assistants, partners, consultants or directors, may recommend listing designs and listing layouts to Software Vendors. The Software Vendor will be able to view the listing design and layout as it will be appear once uploaded to the Site and the Software Vendor may accept this listing. By accepting the listing, the Software Vendor takes full responsibility for the information that is published about that product and the design layout. Buissy, its employees, assistants, partners, consultants or directors, will only refer to the principal information published by the Software Vendor together with that submitted to Buissy.

Without prejudice to the above, users are strictly prohibited from carrying out the following behaviour on the Site:

·         Submitting unlawful content according to the national law applicable to the user and/or to Buissy, community or international law or content that violates any individuals' rights whatsoever.

·         Submitting any content that may prejudice the image, honour and reputation of the Sites or generally any content that may be deemed by Buissy as inappropriate or undesirable.

·         Submitting any content or software that may contain any unwanted code, whether hidden or otherwise, including but not limited to, viruses, spyware malware, adware and/or any other unwanted or illicit software to the Site.

·         Abusing, harassing, threatening or otherwise violating the legal right of others.

·         Publishing, posting, distributing or disseminating any inappropriate, profane, defamatory, obscene, indecent, or unlawful content.

·         Transmitting surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

·         Interfering with or disrupting our Site, servers, or network.

·         Impersonating any other person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity.

·         Engaging in any illegal activities either in terms of the laws of the user's place of domicile, residence or physical location when accessing the site or in terms of the laws of Malta.

Guarantees & Warranties

Buissy does not guarantee the constant availability of the Site but shall exercise its best endeavours to make the site as highly available as possible. 100% availability is usually not possible to achieve and is not reliant solely on Buissy. Furthermore Buissy shall implement updates to the site from time to time that will necessitate that the Site will be unavailable for a short period of time.

Buissy, its employees, assistants, partners, directors or consultants shall not be held liable in any manner whatsoever for any damages suffered or caused whether directly or indirectly through the use of the Site.

As a user of the Site you agree not to hold Buissy, its employees, partners, directors or consultants liable for any misuse of information or loss of information that may have occurred and is beyond the control of Buissy.

Buissy has implemented industry standard system recovery and security procedures to help ensure the availability of the Site and content thereon in the event of accident or emergency and minimise the amount of downtime and loss of data.

Fees

Any software may be listed on the Site for free.

By paying membership fees as described on the Buissy Special Software Vendor program webpage, Software Vendors are able to publish additional information to attract more customers.

Software Vendors' are also able to pay a pay-per-click fee to be ranked higher (also called Featured Listing) in their respective category within the Buissy Software Database, the first result page of searches or filtering of software products. No fee shall be due for higher listing unless a user actually clicks on any of the external links provided by the Software Vendor, listed either in the product listing or on the software product information page within the Site. The pay-per-click fee is set as specified by the Software Vendor in the auction for featured listing per product in the control panel.
Rules for how Featured Listing works and is charged for are as follows:

·         When the user is on the first page, the first page bid is valid

·         When the user is in a category, the category page bid is valid

·         When filtering from the first page, the highest bid for the product in any of the chosen categories including the first page is valid. This to make sure the product is as high as possible in all filtering.

·         When searching for a product, the highest bid for the product in any category including the first page is valid. This to make sure the product is as high as possible in all searches.

·         The software vendor is charged according to the bid that is made and accounted for according to the above points. The user may click on an external link in the product list or by first going to the product information page. Regardless of which, the bid that was used to get the user to the external page will be charged.

·         If the user directed to the product information page from the section called "Our most popular products" no charge is made if the user continues to an external link.

The software vendor may submit a daily and/or monthly budget for featured listing to control the cost of pay-per-click fees. The budget will take effect the day after it has been submitted for the following running day or month. Specifying $0 in the budget field means unlimited budget. Specifying a blank value (" ") will disable budget and no charges will be made.  The budget as well as advertising is valid according to GMT+0 time zone.

For greater publicity, Software Vendors are able to publish advertisements on the Site. Advertisements are shown on all pages and these are paid for according to a fixed fee as specified in the control panel when purchasing advertisement. Payment is not due on a per-click basis. Advertisements are purchased for a specific page (either first page or any of the category pages) for a specified language. Payment is made in advance and is automatically renewed monthly until cancelled by the Software Vendor. The Software Vendor is charged for renewal on the day of renewal. The minimum period of advertising is one month but a longer period may be chosen by the Software Vendor. Buissy may run advertising campaigns giving cheaper advertising for one or more months. In this case the whole period of the campaign is paid in advance by the Software Vendor. If the Software Vendor chooses to purchase more than one month advertising automatic renewal is made for one month at a time after the first period is finished. If the Software Vendor does not have enough funds deposited the advert will not be renewed and therefore the advertising space will be offered other Software Vendors.

Users are able to request information about a software product or product line that such user may be searching for. Software Vendors are able to access such user requests and might have to pay to be able to view the entire information and be able to respond to such information requests.

Any fees that are due to Buissy are deducted by the system from the Software Vendor's account's deposited funds. Any bonus funds in the account that have been provided by Buissy shall not be made available for withdrawal by the Software Vendor and shall remain blocked for the exclusive use on the Site. Furthermore any bonus funds will only be made available after the Software Vendor will have made an actual deposit to his/her account in terms of any given offer in force from time to time.

Once the account funds have been exhausted, the information and the services related to the software product will be equivalent to the free listing available on the Site. Buissy shall inform Software Vendors via email when their account balance is below a certain pre-determined limit.

Membership fees for the Buissy Special Software Vendor Program are paid quarterly in advance according to the fees specified on the membership page. The membership is automatically renewed quarter by quarter and charged for on the day of renewal until cancelled by the Software Vendor. Fees that have been paid for featured listing, advertisements or users request for information are not redeemable. It is always possible to upgrade your subscription and will then be subject to the upgrade fee for the remaining days during the membership period.

Buissy.com Ltd is located in Malta and is VAT registered in Malta.
Site users which are either:

·         based in the EU in possession of a valid VAT number issued by another Member State or

·         based outside the EU

will not be charged Maltese VAT. However, in case of Category A users they need to fill in their VAT number not to be charged Maltese VAT.

Site users which are either:

·         based in Malta or

·         based in another EU Member State but not in a possession of a valid EU VAT number

will be charged VAT at 18% on top of all charges/bids for services used at Buissy.com.

General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable by any arbitrator, court of law or other judicial authority, such provision shall be deemed to have been deleted from these Terms of Use and the remaining provisions shall remain in force and interpreted to as far as reasonably possible achieve the intention and purpose of the deleted provision.

The headings herein are for convenience only and shall not have any legal or interpretative effect.

A failure by either party hereto to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time.

Governing Law and Dispute Resolution

The interpretation, construction, validity and performance of these Terms of Use shall be governed in all respects by Maltese law.

In the event of any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, interpretation, termination, or invalidity thereof shall be referred to arbitration. One arbitrator who shall decide on the basis of Maltese law and the arbitral proceedings shall be carried out in the English language shall be appointed. The arbitrator shall be nominated by the Malta Arbitration Centre.

I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND ACCORDINGLY I AM FULLY AWARE OF MY OBLIGATIONS AND RESPONSIBILITIES ARISING HEREFROM, INCLUDING PROVISIONS ON LIABILITY AND INDEMNITY WHICH HAVE SPECIFICALLY BEEN BROUGHT TO MY ATTENTION.