Terms and Conditions

1. Definitions

Software: Bemazi has a so-called web application that is provided as a software as a service that can be used to organise the financial data of events and plan associated payments.

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Service: all activities undertaken by Bemazi to provide the Software.

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Bemazi: Bemazi ("company", "we", "us", "our") is a trade name of Bemazi Ltd, registered in the United Kingdom under number 14926748, and the provider of the Service.

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Feedback: feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information.

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Party/Parties: you and/or Bemazi.

Premium Service: any service made available as part of the Service on a paid subscription basis.

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T&Cs: the Terms and Conditions specified in this document.

User Content: the photos, profiles (including name, image, and likeness), reviews, messages, notes, text, documents and other content that you upload, store, process, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users.

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Website: “bemazi.com”.

2. Scope

The following T&Cs govern the use of the Service whether free or provided on a paid subscription basis, as provided or made available by Bemazi. Please read the terms contained in this T&Cs carefully.
You can access the T&Cs any time at https://www.bemazi.com/legal/terms-and-conditions. Your use of and/or registration with the Service will constitute your ongoing acceptance of the T&Cs. If you cannot accept the T&Cs, please do not use the Service.
The T&Cs also serve for the benefit of third parties engaged by Bemazi.

3. Right of Use and Intellectual Property Rights

All intellectual property rights to the Software, the Website and/or accessories, including but not limited to content, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including the "look and feel" as well as advice, documentation, quotations, etc., are vested exclusively in Bemazi or its suppliers/licensors.
Unless otherwise specified, Bemazi grants you the non-exclusive, non-commercial and non-transferable right to use the Software. This right of use is strictly personal, not transferable, not pledgeable and not sub-licensable.
You have no right to and no access to the source code of the Software.

4. User content

You are solely responsible for the User Content that you post on or through the Service, or transmit to or share with other users. You may not post, transmit, or share User Content on the Service that you did not create or that you do not have the permission to post.
Bemazi may, but is not obligated to, review the Service and may delete or remove (without notice) any Website content, Software content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgement of the Company violates the T&Cs, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense to create backup copies and replace any User Content posted or stored on the Service or provided to Bemazi.
When you post User Content to the Service, Bemazi is authorised and directed to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as deemed necessary by Bemazi to facilitate the transmission, posting and storage of the User Content on the Service.
By posting User Content to any part of the Service, you automatically grant, and represent and warrant that you have the right to grant to Bemazi and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Bemazi may not be able to and has no obligation to restrict any use by any other person, including other users, and the licence that you have granted remains in effect.
We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in the T&Cs and the terms of Article 5.7, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
Notwithstanding Article 5.6, if you provide Bemazi with Feedback you agree that:

any and all right, title and interest to such Feedback shall become the exclusive property of Bemazi
Bemazi shall be able to use and share such Feedback without your consent, only if Bemazi does not use your first and last name
if you give prior consent, Bemazi shall be able to use and share such Feedback while including your first and last name
Bemazi owes you no obligation or compensation whatsoever regarding the Feedback, and
Bemazi may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Bemazi.

5. Obligations on our part

We have an obligation to perform to the best of our ability to make and keep the Software available via the internet and to have it function properly, but cannot and will never guarantee that the Software is available at all times, continuously and without malfunctions.
Target times specified by us for the provision of the Service, delivery and/or provision of the Software are always approximate and are never final target times for Bemazi, unless explicitly agreed otherwise in writing.
If we exceed any target time, we will only be in default after written notice of default.
We have the right to temporarily decommission the Software or parts of it for maintenance, modification or improvement. We will endeavour to have such decommissioning take place outside office hours as much as possible and will undertake to inform you, if necessary, in a timely manner of the planned decommissioning and the expected duration, but cannot guarantee this and is never liable for damage in connection with such decommissioning.
We undertake to keep the Software up to date. However, we may be dependent on our supplier or suppliers for this. We are entitled to refrain from installing certain updates or patches if, in our opinion, this does not benefit the correct operation of the Software or is not in your interest.
We will respond as quickly as possible to any request for support. A response is defined as a confirmation of receipt of the request. Once a response is provided, we will work on a solution and deliver within a reasonable term. Solutions include workarounds, namely a solution that does not solve the problem permanently, but limits its impact or provides a route around the problem.
The times stated by us for responding or providing a solution are target times and indicative only. Although we endeavour to meet these at all times, no guarantees are given. There is no liability for damage resulting from failure to meet a target time.

6. Obligations on your part

You are responsible for the hardware and connections required for access to the Software. We at all times reserve the explicit right to refrain from supporting or to only partially support obsolete and unsafe hardware.
You are responsible for the use of recent web browsers and operating systems supported by Bemazi. We at all times reserve the explicit right to refrain from supporting or to only partially support obsolete and unsafe web browsers.
You are responsible for the content, supply, control and migration of all data to be implemented and processed in the Software.
You are not permitted, except as expressly authorised in writing or otherwise enabled by Bemazi, to:

reproduce, duplicate, copy, sell, trade, resell or exploit the Software.
allow third parties to use the Software.
access the Software in a manner or through an interface not provided or authorised by Bemazi, including but not limited to, any automated means (e.g., scripts or bots).
use the Software for acts that violate the laws of England and Wales or other applicable laws and regulations.
use the Software in a punishable or unlawful manner.
use the Software in such a manner as to cause nuisance or inconvenience for other users.
cause malfunctions and/or damage in the Software.
infringe the intellectual property of Bemazi and/or third parties.
republish, syndicate, disclose, reproduce and/or otherwise share data, information and/or know-how of Bemazi with third parties.

You agree not to use the Software to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

If we discover or reasonably suspect that you are not complying with your obligations under the T&Cs, Bemazi is entitled to block your use of the Software until further notice, or to take any other required measures, without being obliged to pay any compensation. In that case, you are explicitly obliged to continue to meet all contractual and outstanding obligations.
You are obliged to protect your account against unauthorised access by third parties by means of a username and password. In particular, you are required to keep the password strictly confidential. Bemazi may at all times assume that everything that happens after registration with the username and password for your account will take place under your direction and supervision.
You are required to inform us of any suspected unlawful use of the Software.

7. Fees & Payment for Premium Accounts

If you subscribe to a Premium Service, you agree to pay any and all applicable fees (e.g., recurring monthly or annual subscription fees) incurred in connection with your account at the price in effect when the charges were incurred. Bemazi will automatically charge your payment method of choice at the beginning of the billing period, and billing will recur automatically at the interval you chose at signup until you change or terminate your account.
Any change in the chosen payment method will go into effect for the next billing period. If you change your account to a type that does not require a paid subscription, you will retain access to the features for which you have already paid until the end of the current billing period.
If you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.
If you receive a Premium Service free trial offer for a specific number of days, you will not be charged during the free trial time period if you elect to create an account for such Premium Service. You will automatically be charged immediately following the end of your free trial period for the subsequent period, in advance, in accordance with terms stated in Article 9.1. You will continue to be automatically charged at the regular interval applicable to the service you have chosen (e.g., annually or monthly) until you decide to cancel. You are limited to one free trial per Premium Service.
You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that Bemazi is not liable in any way for any third-party charges.
We are entitled to increase prices, pricing models and other fees by up to 5% once a year to compensate for developments such as inflation and other price increases, without explicitly informing you.
We are also entitled to adjust prices, pricing models and other fees at our own discretion for other reasons. If the price increase does not fall within the percentage set out in Article 9.6, or takes place more than once (1) a year, we will inform you of the change at least two (2) calendar months before the change takes effect by means of an email and/or in-app notification.
If you do not wish to accept the change as referred to in Article 9.7, you can terminate the use of the Service with due observance of Article 10. Use of the Service after the date of entry into force shall be considered acceptance of the amended or supplemented terms and conditions.

Without explicit written permission from us, you are not permitted to suspend your payment obligations towards us and/or set these off against a claim by you against Bemazi, for whatever reason.

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8. Cancellations of Premium Accounts

You can cancel your Premium Service at any time during the applicable subscription period, and such cancellation of Premium Service will be effective immediately, but all fees and charges prior to your cancellation are nonrefundable.
To cancel a free trial offer, you must cancel the Service prior to the end of the free trial offer period. Please make a note of when your free trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires.
If you cancel a Premium Service after you have already registered under a free trial offer for the Premium Service and attempt to register for an additional free trial of the same Premium Service, Bemazi will automatically charge your chosen payment method in accordance with the terms stated in Article 9.1. If you do not wish to pay the applicable fees for a premium service, you should cancel your account before the free trial period ends and not complete any subsequent registration for that premium service.
Cancellations may be made within the settings menu in the online version of the Service and following the prompts. If you do not have access to the browser version of the Service, you may also cancel the Premium Service by contacting team@bemazi.com.

9. Suspension and Dissolution

In the following cases, Bemazi is entitled to immediately suspend the right to use the Software without notice of default and without judicial intervention, without it being obliged to pay any compensation and without prejudice to its further rights:

If you do not, properly or in time, comply with any payment or other obligation arising from the T&Cs.
in the event of bankruptcy, suspension of payments, shutdown, liquidation or full or partial transfer – as security or otherwise – of you or your business, including the transfer of a significant part of its claims.

2. In each of the cases referred to in the previous paragraph, all claims of Bemazi against you will be immediately due and payable in full.

3. Obligations which by their nature are destined to continue even after termination will continue to be valid regardless of termination.

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In the event of dissolution or termination as referred to in the previous articles, you agree that the following obligations towards Bemazi will continue to apply:

outstanding claims / payments.
liability.

10. Complaints

Your are required to inform us immediately, at least within 8 days after discovery, if there is an incident, defect, damage and/or a shortcoming in our the performance of our obligations, in default of which any claim against Bemazi in respect of that incident, defect, damage and/or shortcoming will lapse.
Complaints in connection with an invoice must be submitted within 30 days after the invoice date, in default of which the invoice will be considered to be correct and complete and any claim against Bemazi in that respect will lapse.
A complaint made by you with regard to performance of our obligations does not suspend the payment obligation and other obligations you have towards Bemazi, nor does it entitle you to setoff.

11. Force majeure

In the event of force majeure, Bemazi is entitled – at its own discretion – to immediately suspend the performance of its obligations for the duration of the force majeure without judicial intervention, without Bemzi being obliged to pay any compensation.
Force majeure is defined as any circumstance beyond Bemazi’s control that permanently or temporarily prevents or inconveniences the performance of Bemazi’s obligations, as well as, in so far as not already included therein, disruptions or outages of the internet, the telecommunication infrastructure, a (D)DoS attack, power failures, war or risk of war, strikes, epidemics, lack of personnel and other similar events and/or serious disruptions in the Bemazi company or the company of one of its suppliers, transport problems and/or the cancellation or late performance by third parties of purchase or other contracts concluded by Bemazi. This applies regardless of whether the circumstances that cause the force majeure occur in the United Kingdom or in another country.

12. Liability

Bemazi cannot be held liable for damages resulting from incorrect and/or incomplete cooperation from and/or information provided by you or on your behalf.
The Software may make suggestions for / be used for the processing of documents and other data. However, the responsibility for the correctness of everything that is processed by you with the Software, including documents and data, remains vested in you at all times.
Without prejudice to the limitations of Bemazi’s liability agreed elsewhere in the these T&Cs, Bemazi's liability is limited to the re-performance of the Service, or to compensation of only the direct damage in connection with an attributable shortcoming in the performance of our obligations, up to a maximum of the monthly licence value of three months prior to the moment of the damaging event, but with a maximum of £500 annually.
Bemazi can never be held liable for indirect damages or loss, including consequential damages, lost profits, lost savings, immaterial damage, trading loss or purely financial loss.
You indemnify Bemazi against all claims by third parties, by whatever name, that are related to the T&Cs.
Any right of action of yours, including due to damage or loss or re-performance of the Service, lapses if the shortcoming and/or damage is reported too late and in any case lapses one year after the Service that caused the damage or loss, unless Parties have agreed a different term.
The limitation of liability under the T&Cs also extends to third parties engaged by Bemazi.

13. Processing of Personal Data

We may collect personal data or other data about you through the Service. If we do, you and Bemazi are subject to the General Data Protection Regulation (GDPR), where you are the controller and Bemazi the processor. You agree to indemnify Bemazi against any and all claims by third parties/data subjects under the GDPR.
Our collection and use of your personal data when using the Service is described in our Privacy Policy which you can access at any time at https://www.bemazi.com/legal/privacypolicy.
You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to countries/regions that differ from those where you use the Service. You acknowledge that the laws, regulations, and standards of the country/region in which your information is stored or processed may be different from those of your own country/region.
Bemazi will ensure a level of security appropriate to the risks involved in the processing and the nature of the personal data to be protected, but only if and in so far as they are located in the Bemazi Service or infrastructure.
Bemazi also guarantees that anyone who acts under the authority of Bemazi, insofar as they have access to your personal data, will only process them on your instructions when using the Service.
You guarantee that you will only enter personal data into the Service in a fully lawful manner and bears full responsibility for this.
If, in the context of a legal obligation, for example under the GDPR, you are required to change, delete or hand over data stored in the Software, Bemazi will assist with this to the extent possible. The costs of any work can be invoiced separately based on the applicable hourly rate.

14. Confidentiality

You will make every effort to prevent confidential information relating to the Software and its operation being disclosed to or falling into the hands of third parties. Subject to prior written permission from Bemazi, you will not disclose information and/or data provided to you by us to third parties and will only disclose it to any staff of yours insofar as this is necessary for use of the Software in accordance with the T&Cs.
The confidentiality obligation included in the previous paragraph does not apply to information in respect of which you can demonstrate that:

the information was already publicly known.
the information was generally known.
disclosure is based on a legal obligation or court order.

15. Transfer

You are prohibited from assigning, pledging or transferring under any title your claims, rights and/or obligations under the T&Cs to a third party.
Bemazi is entitled to assign, pledge or transfer under any title its claims, rights and/or obligations under the T&Cs to a third party.

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16. Penalty

In the event of a breach of the provisions of Articles 7.4, 17 and/or 18, you forfeit to Bemazi, without notice of default or judicial intervention being required, a one-off, immediately due and payable penalty of €5,000, plus €500 for each day or part thereof that you are in violation.
A penalty payable by you does not affect Bemazi's right to compensation for damage, costs and interest suffered by Bemazi.

17. Amendment to the T&Cs

Bemazi reserves the right to amend or supplement the T&Cs.
If you do not want to accept an amendment to the T&Cs, you can cancel any premium accounts and/or stop using the Service.

18. Final Provisions

The laws of England & Wales will apply to all legal relationships between the Parties. Applicability of the Vienna Convention and foreign legislation is explicitly excluded.
Changes in management or legal form do not affect the T&Cs.
Only the court of England & Wales has jurisdiction to hear disputes.
The version of any communication, measurements and monitoring by Bemazi that are received or stored by Bemazi are considered authentic, subject to proof to the contrary to be provided by you.
Partial nullity: In the event that any of the stipulations in the T&Cs are null and void, this will not affect the validity of the T&Cs as a whole. In that event, Bemazi will be permitted to apply a replacement stipulation that is legally permissible and that is as close as possible to the purport and content of the void or non-binding stipulation.

19. Contact Details

If you have any questions, complaints or comments about these T&Cs after reading them, please do not hesitate to contact us by email at team@bemazi.com or in writing:

Bemazi Ltd,
6A Foscote Mews
London
W9 2HH
United Kingdom

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