MY ACCOUNT

TERMS AND CONDITIONS

These Terms and Conditions and the other documents we refer to govern every way of using BICANI. By accessing or using our Marketplace, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully so you know your rights and obligations when you use BICANI.

1. APPLICABILITY OF THESE TERMS AND CONDITIONS

Our Terms and Conditions form a legally binding agreement (the ‘Agreement’) between BICANI (‘us’, or ‘we’) and you. They govern your access to and use of BICANI’S website. Any other general terms do not apply to the use of our Marketplace.

2. SCOPE OF OUR SERVICES

BICANI is a multi-vendor online marketplace in which Vendors may list an item for sale and purchasers and/or users may purchase the same.

3. YOUR ACCOUNT

Before being able to use our services, you’ll need to create a BICANI account (‘Account’). If you are younger than 18 years, you must get permission from your legal guardian(s). Below you can find the rules related to the use of your Account:

3.1 Provide accurate information. When creating your Account, you must provide complete, truthful information about yourself. It’s prohibited to use false information or impersonate another person through your Account. You need to keep this information up-to-date at all times. 

3.2 Protect your Account. Keep your username and password combination secret at all times. You alone are responsible for any activity related to your Account. We are entitled to assume that only you can sign in using your username and password.

3.3 Restrictions to your Account. To ensure our Online Marketplace is and remains trustworthy and safe, we reserve the right (i) to deny you the ability to create an Account, (ii) to restrict the use of your Account, and (iii) to terminate your right to access your Account.

4. USE OF OUR ONLINE MARKETPLACE

4.1 Your BICANI account is your responsibility and you use our Online Marketplace at your own risk. The same applies to your use of technical means, such as a computer and an internet connection, when using our Online Marketplace. 

4.2 In using our Online Marketplace, you are obliged to comply with all applicable national and international regulations regarding e-commerce businesses.

4.3 You agree not to perform any actions that may put an unreasonable and/or disproportionate strain on the infrastructure of our Online Marketplace and/or that may hinder the functionality of the Online Marketplace. You agree not to reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that can damage the Online Marketplace, make the Online Marketplace inaccessible, or circumvent technical protective measures.

5. AVAILABILITY OF OUR ONLINE MARKETPLACE

BICANI is authorized, at all times and without prior notice, to make procedural, technical, commercial, or other changes and/or improvements to the Online Marketplace. We are also authorized to put the Online Marketplace (temporarily) out of operation and/or to limit use of the Online Marketplace if, in our opinion, this is necessary (e.g. in the context of reasonably necessary maintenance to the Online Marketplace). 

6. LIMITATION OF LIABILITY

If, despite the above, BICANI is liable for any damages for any reason whatsoever, we are only liable for the compensation of direct damages you suffer as a result of a shortcoming or wrongful act that can be attributed to us. Direct damages only include material damage to goods, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the manner of repair.

7. YOUR CONTENT

7.1 Definition of Your Content. The BICANI marketplace enables you to post materials, including without limitation photos, profile pictures, messages and comments. All materials that you post on the BICANI marketplace will be referred to collectively as "Your Content."

7.2 License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sub-licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

7.3 Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to BICANI product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties’ individual photos or collections of photos, except in each case for BICANI Business Purposes.

7.4 Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on BICANI, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. 

8. INDEMNIFICATION

To the maximum extent permitted by applicable law, you are liable to fully indemnify us against claims from other users or third parties and all damages and costs BICANI suffers or incurs as a result of (i) your failure to perform the Terms and Conditions, (ii) any improper actions during the use of our Online Marketplace, (iii) your breach of any laws, regulations, or third party rights, or (iv) a wrongful act. The obligations for indemnification in this Article also apply to any companies affiliated with BICANI as well as our management, directors, employees, representatives, and legal successors. 

9. WARRANTIES AND LIABILITIES

9.1 BICANI is dedicated to making its Online Marketplace the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Service is provided ‘as is’ and without any kind of warranty (express or implied).

9.2 We do not guarantee that (i) the Online Marketplace will be secure or available at any particular time or location, (ii) any defects or errors will be corrected, (iii) the Online Marketplace will be free of viruses or other harmful materials, or (iv) the results of using the Online Marketplace will meet your expectations. 

9.3 If, at any time, our Online Marketplace is unavailable or any defects or errors occur, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. When we make decisions around this, we will always take into account the interests of all parties concerned.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BICANI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT BICANI’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

11. DISPUTE RESOLUTION

If you have a dispute with BICANI you agree to contact us through bicani.com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to BICANI or involves our services.

11.1 Binding Arbitration. You and BICANI agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Marketplace (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and BICANI both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against BICANI in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

11.2 Class Action Waiver. You and BICANI agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and BICANI both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and BICANI agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

11.3 Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (if you use the BICANI Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the "AAA Rules"), except as modified by this "Dispute Resolution” section.

11.4 Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

11.5 Arbitration Location and Procedure. The seat of the arbitration shall be in Grand Prairie, Texas, unless you and BICANI agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and BICANI submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary.

11.6 Arbitrator's Decision and Governing Law. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.

If you have a dispute with another user on the BICANI marketplace or with any third party, you agree that BICANI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BICANI, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or BICANI. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

12. GENERAL PROVISIONS

12.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and BICANI superseding any prior agreements between you and BICANI. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward BICANI unless expressly confirmed in writing by BICANI to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content or third party software.

12.2 Choice of Law. The validity, construction and interpretation of this Agreement and the relationship between You and BICANI, including the rights and duties of the parties, will be governed by the laws of the State of Texas in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.

12.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

12.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

12.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.