1. Introduction

Welcome and thanks for choosing Biz-Resolve ("Biz-Resolve," "we," "us," "our"). Biz-Resolve is a complaint resolution platform for consumers and businesses in Kenya. Our goal is to provide businesses with the tools and support they need to effectively manage complaints and provide satisfactory solutions to their customers. By doing so, we aim to create a more positive and customer-focused business environment in Kenya. By signing up or otherwise using any of our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our you are entering into a binding contract with Biz-Resolve Limited.

2. Definitions

2.1 "Biz-Resolve Platform" means an application which encompasses tools to track, manage, and respond to customer complaints in a timely manner that a customer signs up to benefit from the services offered by the Company;

2.2 "Customer" means a person who has signed up with Biz-Resolve to enjoy its services.

2.3 "Company" means Biz Resolve Limited.

2.4 "Privacy Policy" means our policy on collection of customer information;

2.5 "Personal Data" means any information relating to a natural person;

2.6 "Personal Information" means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, Identification Number and location.

2.7 "Services" means complaint management platform that helps businesses streamline their complaint resolution processes which includes expert guidance and support to businesses, helping them implement effective complaint management strategies as well as other products and services that may be developed from time to time.

2.8 "User Content" includes any such content posted to the Biz-Resolve Support Community as well as any other part of the Biz-Resolve Service.

2.9 "User guidelines" means guidelines as posted in the Company website.

2.10 The word "Customer" shall include both the masculine and the feminine gender as well as juristic persons;

2.11 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2.12 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1 Before subscribing or signing up to Biz-Resolve platform a customer should read and understand these terms and conditions which will govern its use and operation.

3.2 If you do not agree with these Terms and Conditions, please click "Decline" on the Menu.

3.3 You will be deemed to have read, understood and accepted these Terms and Conditions:

3.3.1 upon clicking on the "Accept" option on the Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

3.3.2 by continuing to use the platform;

3.4 These Terms and Conditions including the Privacy terms may be amended or varied by the Company from time to time and the Company will issue you with a thirty (30) days' notice prior to the change. Continued use of the platform after this notice period constitutes your agreement to be bound by the terms of any such amendment or variation.

3.5 If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Biz-Resolve's website.

3.6 In order to use the Biz-Resolve Service and access any Content or service you need to:

3.6.1 be 18 years or older;

3.6.2 If less than 18 years have your parent or guardian's consent to the Agreements

3.6.3 Have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and

3.6.4 Be a legal or natural person with registered and or recognized nationality or status in your country of residence.

3.7 You also promise that any registration information that you submit to Biz-Resolve is true, accurate, and complete, and you agree to keep it that way at all times.

4. Enjoying Biz-Resolve

Here's some information about all the ways you can enjoy Biz-Resolve.

4.1 Service Options

4.1.1 You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Biz-Resolve account.

4.1.2 The Biz-Resolve Service that does not require payment is currently referred to as the "Free Service." Other options require payment before you can access them (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Biz-Resolve Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

4.1.3 The Unlimited Service may not be available to all users. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.

4.1.4 If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Biz-Resolve for access to a Paid Subscription ("Code"), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.

5. Trial

5.1 From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Biz-Resolve may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

5.2 For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance.

6. Payments and Cancellations

6.1 Billing

6.1.1 You may purchase a Paid Subscription directly from Biz-Resolve or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Biz-Resolve Service for a specific time period ("Pre-Paid Period").

6.1.2 Biz-Resolve may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Biz-Resolve Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

6.2 Renewal; Cancellation

6.2.1 Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Biz-Resolve or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here, if you purchased the Paid Subscription through Biz-Resolve, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party.

6.2.2 The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.

6.2.3 If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

7. Using our service

7.1 The Biz-Resolve Service and the Content are the property of Biz-Resolve or Biz-Resolve's licensors. (SERVICE BELONGS TO Biz-Resolve & CONTENT BELONGS TO USERS). We shall grant you limited, non-exclusive, revocable permission to make use of the Biz-Resolve Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access").

7.2 This Access shall remain in effect until and unless terminated by you or Biz-Resolve.

7.3 You undertake and agree that you are using the Biz-Resolve Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Biz-Resolve Service or the Content.

7.4 You agree that the Biz-Resolve software applications and or platform and the Content are not sold or transferred to you, and Biz-Resolve and its licensors retain ownership of all copies of the Biz-Resolve software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").

7.5 All Biz-Resolve trademarks, service marks, trade names, logos, domain names, and any other features of the Biz-Resolve brand ("Biz-Resolve Brand Features") are the sole property of Biz-Resolve or its licensors. The Agreements do not grant you any rights to use any Biz-Resolve Brand Features whether for commercial or non-commercial use.

7.6 You agree to abide by our terms and conditions not to use the Biz-Resolve Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Biz-Resolve grants no right, title, or interest to you in the Biz-Resolve Service or Content.

8. Third Party Applications and Devices

8.1 The Biz-Resolve Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the Biz-Resolve Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies.

8.2 You understand and agree that Biz-Resolve does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Biz-Resolve warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

9. User-Generated Content

9.1 Biz-Resolve users may post, upload, or otherwise contribute content to the Service or platform (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) ("User Content").

9.2 You promise that, with respect to any User Content you post on Biz-Resolve, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Biz-Resolve as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Biz-Resolve or any artist, band, label, entity or individual without express written consent from Biz-Resolve or such individual or entity.

9.3 Biz-Resolve may, but has no obligation to, monitor, review, or edit User Content and in all cases, Biz-Resolve reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Biz-Resolve's sole discretion, violates the Agreements. Biz-Resolve may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

9.4 You will be solely responsible for all User Content that you post and Biz-Resolve shall not be responsible for User Content nor does it endorse any opinion contained in any User Content.

10. Rights you grant us

10.1 In consideration for the rights granted to you under the Agreements, you grant us the following rights:

10.1.1 To allow the Biz-Resolve Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service;

10.1.2 To provide advertising and other information to you; and

10.1.3 To allow our business partners to exercise the rights in 10.1 and 10.2 above;

10.2 In any part of the Biz-Resolve Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Biz-Resolve's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Biz-Resolve (e.g. podcasts) may contain advertising as part of the Content. The Biz-Resolve Service makes such Content available to you unmodified.

10.3 If you provide feedback, ideas or suggestions to Biz-Resolve in connection with the Biz-Resolve Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Biz-Resolve to use that Feedback without restriction and without payment to you. You agree that you fully understand that feedback is considered a type of User Content.

10.4 You grant Biz-Resolve a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

11. Infringement and reporting User Content

11.1 Biz-Resolve respects the rights of intellectual property owners and it undertakes to remove any uploaded information or content that is uploaded by its customers or third party from the platform immediately it is notified and upon it concluding investigations and further take other disciplinary/legal remedies that it deems appropriate, without prior notification to the user or other party who supplied or posted that Content.

11.2 If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Biz-Resolve with a request to restore the removed content, which Biz-Resolve may or may not honor, in Biz-Resolve's sole discretion.

11.3 If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

12. Service limitations and modifications

12.1 Biz-Resolve will make reasonable efforts to keep its services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions which shall be notified to the customers within a reasonable time.

12.2 Biz-Resolve reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of its Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Biz-Resolve Service or any function or feature thereof. You understand, agree, and accept that Biz-Resolve will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Biz-Resolve and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

13. Brand Accounts

If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements and the use of the terms "you" and "your," shall apply to you and the Brand.

14. Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

15. Term and termination

15.1 The Agreements will continue to apply to you until terminated by either you or Biz-Resolve. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.

15.2 Biz-Resolve may terminate the Agreements or suspend your access to the Biz-Resolve Service at any time on the following grounds:

a) in the event of your actual or suspected unauthorized use of the Biz-Resolve Service and/or Content;

b) non-compliance with the Agreements;

c) if Services and/or Content has been withdrawn prior (in which case we shall provide you with reasonable notice in advance of doing so).

15.3 If the Customer or Biz-Resolve terminate the Agreements, or if it suspends the Customer's access to its Service, you agree that Biz-Resolve shall have no liability or responsibility to you, and Biz-Resolve will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

16. Warranty disclaimer

17. Limitation and time for filing

18. Entire Agreement

18.1 Other than as stated in this section or as explicitly agreed upon in writing between you and Biz-Resolve, the Agreements constitute all the terms and conditions agreed upon between you and Biz-Resolve and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

18.2 Please note, however, that certain aspects of your use of the Biz-Resolve Service may be governed by additional agreements. That could include, for example, access to the Biz-Resolve Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Biz-Resolve's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

19. Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

20. Assignment

Biz-Resolve may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Biz-Resolve may delegate any of its obligations under the Agreements. A customer shall not assign the Agreements, in whole or in part, nor transfer or sub-license its rights under the Agreements, to any third party.

21. Indemnification

You agree to indemnify and hold Biz-Resolve harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:

a) breach of the Agreements;

b) any User Content you post or otherwise contribute;

c) any activity in which you engage on or through the Biz-Resolve Service; and

d) violation of any law or the rights of a third party.

22. Choice of law, mandatory arbitration, and venue

22.1 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by the Laws of Kenya without regard to choice or conflicts of law principles, subject to the Jurisdiction of the Kenyan Courts based in Nairobi.

22.2 Dispute resolution and arbitration

22.2.1 The Parties shall, in the first instance, use their best efforts to amicably settle all disputes arising out of or in connection with this Agreement or its interpretation. In the events that no amicable solution shall be reached with respect to any dispute arising out of or in connection with this Agreement, the same shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such Agreement within fourteen (14) days of the notification of the dispute, upon the application of either Party, to the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitrators.

a) Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.

b) To the extent permissible by law, the determination of the arbitrator shall be final conclusive and binding upon the parties

23. Contact us

If you have any questions concerning the Biz-Resolve Service or the Agreements, please contact Biz-Resolve Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Biz-Resolve!