Terms & Conditions.

Last updated: 29/10/2020 Welcome to BBCity The terms and conditions of using BBCity and all associated services are outlined in this Agreement. Please read these Terms & Condition of Use (“Terms”, “Terms of Use”) carefully before using the https://bergonzinitiative.com/bbcity website (the “Service”, “Site”) operated by BBCity (“us”, “we”, or “our”).

Accessing, browsing, or otherwise using the Site indicates that you agree to the terms and conditions. BBCity reserves the right to change all terms and conditions of this website at any time. These Terms apply to all visitors, users, and others who access or use the Service. If you disagree with any part of the terms then you may not access the Service.

1.Order Acceptance, Return & Refunds

Please refer to our “Shipping, Delivery, Return & Refund Policy”.

2.Pricing and Shipping cost

Please refer to our “Shipping, Delivery, Return & Refund Policy”.

3.Use of BBCity:

3.1To be eligible to use the Services and accept the Terms, you must be at least 18 years old or higher based on the age of majority in your jurisdiction. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, regardless of whether or not you authorized such access to and use of this site.

3.2You acknowledge and agree that BBCity may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.

3.3The Terms may not otherwise be modified except in writing by an authorized officer of BBCity.

3.4BBCity can ship from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion.

 

4. User and Member Accounts

4.1 User must be registered on the Site to access or use some Services. Except with BBCity’s approval, one User may only register one member account on the Site. BBCity may cancel or terminate a User’s member account if BBCity has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, BBCity may reject the User’s application for registration for any reason. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4.2 Upon registration on the Site, BBCity shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify BBCity immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account, or sending SMS) will be deemed to have been authorized by the Member.

4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple uses”), may cause irreparable harm to BBCity or other Users of the Site. Member shall indemnify BBCity, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. Member also agrees that in case of the multiple uses of your account or Member’s failure to maintain the security of your account, BBCity shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

5. Member’s Responsibilities

5.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this Agreement.

5.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants, and agrees that

(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and

(b) you will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.

5.3 Upon becoming a Member, you consent to authorize Newchic.com to store and use your information in accordance with the Privacy Policy.

5.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).

5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post, or display shall:

             (a)be true, accurate, complete, and lawful;

             (b) not be false, misleading, or deceptive;

(c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors;

(d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.

 5.6 Each Member further represents, warrants, and agrees that you shall:

(a) carry on your activities on the Site in compliance with any applicable laws and regulations;

(b) carry on your activities in accordance with the Terms and any applicable additional agreements;

(c) not use the Services or Site to defraud any person or entity;

(d)not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

(e) not engage in spamming or phishing;

(f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities;

(g)not involve attempts to copy, reproduce, exploit or expropriate Newchic.com’s various proprietary directories, databases, and listings;

(h)not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

(i)not involve any scheme to undermine the integrity of the data, systems or networks used by Newchic.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;

(j)not engage in any activities that would otherwise create any liability for Newchic.com or our affiliates.

5.7 Member may not use the Services and member account messaging to engage in activities that are identical or similar to BBCity’s e-commerce business.

5.8  Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for BBCity’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, BBCity shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

5.9 Member acknowledges and agrees that BBCity shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained, or accessible through the Services or Site. BBCity does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

6. Breaches by Members

6.1 BBCity reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post, or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject BBCity or our affiliates to liability or is otherwise found inappropriate in BBCity’s opinion.

6.2 If any Member breaches any Terms or if BBCity has reasonable grounds to believe that any Member is in breach of any of the Terms, BBCity shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. BBCity shall also have the right to restrict, refuse, or ban any and all current or future use of any other Service that may be provided by BBCity. The penalties that BBCity may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted, or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as BBCity may consider appropriate in our sole discretion.

6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

(a) BBCity has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty.

(b) BBCity has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading.

(c) BBCity believes that the Member’s actions may cause financial loss or legal liability to BBCity or our affiliates or any other Users.

6.4 BBCity reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, BBCity may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. BBCity shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against BBCity for such disclosure.

6.5 If a Member is in breach of the Terms, BBCity also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, BBCity also reserves the right to disclose the records of such breach to our affiliates. Such BBCity affiliates may impose a limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such BBCity affiliates.

6.6 BBCity may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if BBCity has received notice that the Member is in breach of any agreement or undertaking with any affiliate ofBBCity and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. BBCity shall have the right to publish the records of such breach on the Site. BBCity shall not be required to investigate such breach or request confirmation from the Member.

6.7 Each Member agrees to indemnify Newchic.com, our affiliates, directors, employees, agents, and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.

6.8 Each Member further agrees that BBCity is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material and that the risk of damage from such material rests entirely with each Member. BBCity reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with BBCity in asserting any available defenses.

7.Reviews and Comments

Except otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to BBCity, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to BBCity without charge, and BBCity shall have royalty-free usage rights.

You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead BBCity or third-parties as to the origin of any Submissions or Content. BBCity may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

All text, graphics, photographs, or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of BBCity (collectively, “Content”), belongs exclusively to BBCity or its appropriate content suppliers. All rights not expressly granted are reserved by BBCity. Violators will be prosecuted to the full extent of the law.

8. General Provisions

Our Service may contain links to third-party websites or services that are not owned or controlled by BBCity. BBCity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BBCity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. These Terms shall be governed and construed in accordance with the laws of Europe without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between BBCity and the User/Member regarding our Service and supersede and replace any prior agreements we might have. We may terminate or suspend access to our Service and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.  

BBCity is a Trademark of BERGONZI INITIATIVE by Marco Bergonzi

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