Only Registered Users who have a valid password can reserve Venues through the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any inappropriate manner.
The Application is designed to provide individuals and businesses with a convenient forum to (i) view information about Venues that are made available by third parties (each such third party, a “Supplier”) for short term rental; and (ii) reserve such Venues.
Suppliers will list Venues, availability, pricing, taxes, and associated amenities through our Application. Bizly offers you the ability to confirm proposals with Venues through the Application. Where applicable, you may also have the ability to directly connect with Suppliers to discuss, negotiate, and reserve Venues through the Message Center. When you reserve a Venue through the Application, we facilitate your reservation with the Supplier (a “Reservation”), subject to the terms that apply to the Message Center. Without limiting the foregoing, each Reservation is subject to any occupancy limits, restrictions, details or policies provided by Supplier in the Application for the relevant Venue.
When you reserve a Venue through the Message Center, you can use the shopping cart functionality in the Message Center to reserve your Venue and pay the Suppliers directly or optionally through Bizly’s third party payment processor (if available and as described further below). Bizly may (but is not obligated to) monitor any use of the Message Center, and Bizly may remove messages and other content that violate these Terms or any Supplier agreement, that Bizly deems inappropriate or where a third party makes a claim against Bizly related thereto or otherwise facilitate the reservation process. You are solely responsible for ensuring compliance with any laws, rules or regulations concerning electronic signatures, records or contracts in connection with your use of the Message Center. Any agreements entered into pursuant to the Message Center must be consistent with these Terms.
Bizly, with your approval, may act as a remote administrator on your account to perform such items as adding or deleting users, modifying user rights, adding or deleting documents, approving, modifying or canceling orders, producing reports or performing other functions on behalf of you
Your use of the Application allows you the ability to enter into agreements and/or to make transactions electronically including with the Suppliers through the Message Center. You consent to executing agreements between you and Bizly and its vendors, and/or you and Suppliers by electronic means and receiving related documents or records electronically. You agree that any document or record which is transmitted or received by electronic transmission through this Application shall be treated in all manner and respects as an original written, signed document where sufficient indicia of acceptance exists. You agree that clicking on boxes or buttons designated by language such as “I Accept”, “I Agree” or other similar language, as effective indicia of acceptance. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic record it is attributed to shall be considered to have the same binding legal effect as an original written, signed document. You agree not to raise, and agree to waive, electronic transmission or electronic signatures as a defense to agreements entered into pursuant to your use of the Application or the Message Center. Under no circumstance shall Bizly have any obligations or liabilities with respect to your communications with the Supplier through the Message Center or any agreements you make with such Suppliers. It is your duty to read such Supplier contracts and policies carefully and enter into arrangements at your own risk
When reserving a Venue, you will be able to submit special requests for the Supplier (a “Special Request”). In addition, you may submit Special Requests directly to the Supplier at any time at your discretion. Suppliers have sole discretion over whether to honor any of your Special Requests and Bizly shall have no liability or responsibility to you for a Supplier’s refusal to honor a Special Request. You are responsible for paying the Supplier directly for any upgrades or other incidental charges you incur, including as a result of Special Requests.ements entered into pursuant to the Message Center must be consistent with these Terms.
All credit card information if applicable is currently processed and stored by Stripe, a third party payment processor, in accordance with its terms of service and privacy policies, which can be found at https://stripe.com/us/privacy and https://stripe.com/terms.
We are not affiliated with the Suppliers or otherwise a co-vendor with the Suppliers. You are directly responsible for paying the Supplier for taxes including, without limitation, sales and use tax, occupancy tax, Venue tax, excise tax, value added tax and other taxes. Tax rates and the type of taxes vary greatly by location. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the Supplier for taxes may vary from the amount we estimate. By booking a Reservation through our payment system, you also pre-authorize us (and our payment processor) to charge your credit card for the full amount of any incidentals or similar charges that may be charged to us by the Supplier in connection with your Reservation.
Suppliers may charge you for deposits, partial payments or full payments through the Message Center. Bizly may pre-authorize your credit card for the entire billing. The balance of the payment may be made by you directly to the Supplier manually on-site, before the event, or following the event. If payment is not completed directly, Bizly may charge your credit card for the full amount. You agree to forward to Bizly copies of any invoices, receipts or other similar documents evidencing any amounts spent or incurred in connection with your Reservations through the Application.
When you reserve a Venue through the Site, you are representing and warranting that any information you supply in connection with the Reservation is true, accurate and complete
You must be at least eighteen (18) years old to use the Application and to book a Reservation, and you represent and warrant that you are such age. You may be required to provide valid identification upon check-in for a Reservation. If you are not eighteen (18) years old, your Reservation may be cancelled without refund or further obligation.
You and your employees, contractors, guests and invitees must act in a professional, respectful manner in connection with the Application and your Reservation. Unless otherwise approved by the Supplier, you may only use the Venue and corresponding property, and book Reservations, for professional or social gatherings. Unlawful, offensive, abusive, threatening, disrespectful or inappropriate conduct is prohibited and is subject to immediate removal without refund. Unlawful conduct may be reported to the appropriate authorities. You are responsible for any damage caused to the Venue or corresponding property, beyond ordinary wear and tear, as a result of the Reservation. Any use of the Venue and corresponding property by you is subject to any additional restrictions disclosed during the instant booking process or included in any custom order agreed through the Message Center. Audio-visual equipment and other amenities may be provided by third-party vendors of the Supplier, subject to the details of the applicable Reservation. In the event you desire to bring your own vendor, you must provide adequate advance notice to the Supplier. The Supplier may approve or reject your request in its discretion. No physical signage is permitted unless pre-approved by the Supplier in advance. All equipment and other personal property of you or your employees, contractors, guests or invitees must be removed from the Venue by the end time of the Reservation. Bizly and the Supplier are not liable for any such equipment or other personal property. NO PERSON UNDER THE AGE OF TWENTY-ONE (21) MAY PURCHASE, POSSESS OR CONSUME ANY ALCOHOLIC BEVERAGE IN CONNECTION WITH ANY RESERVATION. You must take adequate measures to ensure this.
The Application, Services, and associated Bizly Content are the proprietary property of Bizly and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. You acknowledge Bizly has spent considerable time, resources and expenses to develop the Application, Services and Bizly Content. Bizly and our licensors retain all rights with respect to the Site, Services and Bizly Content except those expressly granted to you in these Terms. Any use of the Application, Services or Bizly Content is for your internal use only.
Notwithstanding any provision to the contrary in this Agreement, you acknowledge and agree that use of the Bizly Services to transmit, process or store Sensitive Personal Information (as defined below) is unnecessary for use of the Services and therefore you shall be solely responsible for any such use of the Services by yourself or your employees, agents or subcontractors and Bizly shall bear no risk or liability for same. "Sensitive Personal Information" shall be defined as:
As a condition to your use of the Application and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
Client agrees not to initiate a conversation with a Supplier or property using the Application and then subsequently attempt to book the transaction offline. On a best efforts basis, you agree to use Bizly to complete the transaction and inform Bizly if there is anything preventing you from utilizing the Application for the purposes of booking the meeting or event or if a Supplier or Client has requested you to conclude the transaction off-line.
The Application may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites“). Bizly has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Bizly does not endorse the content of any Linked Site, nor does Bizly warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Application to search for or link to another site, you agree and understand that such use is at your own risk.
To the best of Bizly's knowledge, all material published by Bizly on its web pages and other media properties, are done in full agreement with the original copyright owners (be that Bizly or another party). If you come across a situation where you suspect that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), we ask that you contact:
ATTN: General Counsel
1350 Broadway, Suite 2202
New York, NY 10018
You understand and agree that any third party data, content, materials or software (" Third Party Content") which may be published on the Bizly website or otherwise made available through the Services may be subject to third party licenses, that such licenses may be altered or revoked at any time by the applicable third party licensor, and that, provided there is no material reduction of functionality in the Bizly System, removal or alteration of Third Party Content shall not constitute a material breach of this Agreement.
BIZLY DOES NOT PROMISE THAT THE APPLICATION OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE APPLICATION WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE APPLICATION AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE APPLICATION, YOU DO SO AT YOUR OWN RISK. BIZLY DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE BIZLY APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. BIZLY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIALS THROUGH THE APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE BIZLY APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK. BIZLY IS NOT A PARTY TO ANY ORDERS OR AGREEMENTS ENTERED INTO BETWEEN YOU AND SUPPLIERS, NOR IS BIZLY AN INSURER OR REAL ESTATE AGENT. BIZLY HAS NO CONTROL OVER OR LIABILITY FOR ANY SUPPLIER PROPERTIES OR OFFERINGS, INCLUDING THE LEGALITY, QUALITY, SUITABILITY, SAFETY OR CONDITION THEREOF.
Bizly may offer a directory service through the Application. ACCORDINGLY, THE USE OR DISPLAY OF ANY LISTING, CONTENT OR OTHER MATERIALS REGARDING VENUES OR OTHER THIRD PARTIES ON THE APPLICATION DOES NOT IMPLY ANY PARTNERSHIP, ENDORSEMENT, SPONSORSHIP OR OTHER ASSOCIATION OR AFFILIATION BETWEEN BIZLY AND SUCH THIRD PARTY. IN THE EVENT BIZLY DOES NOT HAVE A SIGNED SUPPLIER AGREEMENT WITH A SUPPLIER IN ANY DIRECTORY LISTING, IT MAY USE ITS CONCIERGE SERVICE TO HELP BOOK THE EVENT. IN SUCH CASE, THE BOOKING DETAILS AGREED BETWEEN YOU AND THE APPLICABLE SUPPLIER WILL BE TREATED AS A CUSTOM ORDER HEREUNDER AND OTHERWISE FULLY SUBJECT TO THE TERMS AND CONDITIONS HEREIN.
You agree to defend, indemnify and hold Bizly and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BIZLY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE APPLICATION, SERVICES AND BIZLY CONTENT.
Bizly respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Application or other activity taking place on the Application constitutes infringement of a work protected by copyright or otherwise, please contact us at email@example.com.
These Terms shall not be assignable by you, either in whole or in part, and any attempt to do so is void. Bizly reserves the right to assign its rights and obligations under these Terms.