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    Terms and Conditions

    1. Acceptance of the Terms of Use

    We operate and host the websites (the “Websites”) located at: www.bixinnovation.com, on servers located in the U.S. on behalf of zarppa.com.

    By accessing, browsing, and/or using the pages or services posted on the Websites, you agree to these terms. You agree to receive the required notices (if applicable). You represent that you are at least eighteen (18) years old or the age of majority in your state, or that you are at least thirteen (13) years old and your parent or guardian has reviewed these terms with you and accepted them. If you do not wish to be bound by these terms of use, do not access, browse, or use the Websites.

    We may change the Terms at any time at our sole discretion. The modified Terms will take effect immediately after they are posted, and by continuing to use any of the Websites, you accept the new Terms. You are responsible for staying informed of any changes. If you do not agree with the new Terms, your only remedy is to stop using the Websites.

    While we may make reasonable efforts to provide accurate and timely information about the BIX brand on the Websites, you should not assume that the information provided is always up to date or that the Websites contain all relevant information available.

    The Websites may include the following: a locator; menu and product information; methodology information; safety information; contact information; “about us” information, which may include history, news, social responsibility, and frequently asked questions; information about careers, job positions, and others.

    The Websites may provide links to job opportunities posted by us in different countries. We do not control whether you receive an interview or if you are hired. We do not control the employment policies and practices of each country, and these will depend on local legislation.

    Any information available on the Websites is for informational purposes only. In the event of a conflict or difference in interpretation, the language of the country where the service is requested will prevail.

    2. Information and Communication Practices

    Your privacy is important to us. We provide a Privacy Statement that explains our information practices and how we may use and share your personal information. Except when the law requires additional notice or consent, by accessing, browsing, and/or using the pages or services posted on the websites, you accept our Privacy Statement and the collection, use, and disclosure of personal information and any submission in accordance with our Privacy Statement. Click here to view our Privacy Statement which is incorporated into and becomes part of the Terms.

    In accordance with our Privacy Statement, we may use the information you have provided to communicate with you. You have a choice in how we communicate with you. You can opt to receive emails or text messages at the email address or mobile phone number you provide us. When you opt for any of these types of communications, you understand and agree that you will receive marketing, news, and other messages from us.

    When you opt to receive text or WhatsApp messages, you understand that our text messaging programs are governed separately by our Text Messaging Terms of Use. You understand and agree that you will receive text messages (“SMS” or “WhatsApp”) from an automated system. Also, you understand that your consent is not required to make any purchase. If you wish to opt out of receiving our text messages, send an email to support@bixinnovation.com. For more information, please refer to our Text Messaging Terms of Use.

    You agree that you may need to manage your communication preferences separately for each communication method. For instance, if you opt out of receiving marketing emails, you will still receive marketing text messages if you have opted to receive them. While we make every effort to provide you with convenient methods to manage your communication preferences, you may need to adjust your preferences separately for each type of communication. Furthermore, even if you have opted out of receiving marketing email messages, you understand and agree that we may continue to send you email messages related to your orders, whether online or through the BIX WhatsApp application, and your account.

    3. Children and Data Collection

    The websites are not intended for individuals under thirteen (13) years of age. If you are at least 13 but not yet 18 (or the legal age of majority if different in your jurisdiction), you should review the Terms with your parent or guardian, and they must accept the Terms for you to use our websites.

    If you or your parent or guardian disagree with the Terms, you should stop using the Websites immediately. We will not knowingly allow any individual under thirteen (13) years of age to provide us with personal information about themselves (such as their name, email address, and phone number) over the Internet. If a minor has provided us with personal information without parental consent, we ask the parent to contact us immediately at: support@bixinnovation.com. We will make every reasonable effort to immediately remove the minor’s personal information from our servers and records.

    4. Ownership

    Unless otherwise indicated, all materials on the websites are protected as copyrights, trade dress, trademarks, and/or other intellectual properties owned, licensed, or used by us. BIX and the BIX logo are trademarks and service marks owned by BIX and registered by BIX. The customer marks on the websites represent some of the brands that are currently owned or controlled by our customers or their franchises in the U.S. and/or in one or more countries. The display of these brands and the notices associated with these brands is not intended to represent ownership rights; in fact, they are the exclusive property of BIX customers who have allowed us to place them as a commercial reference. All rights not expressly granted are reserved. These Terms do not grant you any rights to the trademarks or service marks of the BIX System or any Service Provider (as defined in Paragraph 9 below). The websites may also contain various names, trademarks, and service marks owned by third parties.

    We will respond to notices of alleged copyright infringements that comply with the procedure set forth in the Copyright Law. If you believe your copyrights are being infringed upon on the websites, you can send a written notice to support@bixinnovation.com.

    5. Feedback

    Our websites may allow you to post or send us comments, questions, praises, and complaints (“Feedback”). Any feedback you provide is voluntary, non-confidential, and without compensation.

    You agree that you are, and will remain, solely responsible for the content of any feedback you make. With respect to any feedback you post or submit, you shall not:

    You agree that unauthorized use of the Materials could cause irreparable harm to BIX and that in the event of unauthorized use, BIX shall have the right to seek an injunction in addition to any other remedy available at law or in equity.

    Transmit any written, graphic, or photographic information or material that is illegal, threatening, abusive, harassing, malicious, defamatory, obscene, pornographic, slanderous, invasive of another person’s privacy, threatening, offensive, hateful, or objectionable from a racial, ethnic, or other perspectives; Harm or threaten to harm minors in any way; Impersonate any person or entity, or falsely state or misrepresent your identity, status, or affiliation with a person or entity; forge headers or manipulate identifiers to conceal the origin of any material transmitted through the websites; Transmit any material that infringes any patent, trademark, trade secret, copyright, or other intellectual property, privacy, publicity, or other rights of third parties; Intentionally or unintentionally violate any applicable law, regulation, or statute and any regulation having the force of law; or “Stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store, or process, or attempt to collect, store, or process, personal data about third parties without their knowledge or consent.

    We reserve the right, but are not obligated, to do any or all of the following: (a) investigate an allegation that any Feedback posted on the websites does not conform to the Terms and determine, at our sole discretion, to remove or request the removal of any feedback; (b) remove any Feedback that is abusive, illegal, or disruptive, or that otherwise fails to comply with the Terms; (c) terminate a user’s access to the websites; (d) monitor, edit, or disclose any feedback on the websites; or (e) edit or remove any content posted on the websites, regardless of whether such content violates these Terms.

    It is the policy of the BIX brand not to consider unsolicited ideas. While we appreciate you taking the time to consider us, we cannot review any new idea outside of the BIX system.

    If you submit an idea, you expressly waive any claim against us and our affiliates regarding our consideration, use, or development of any product, design, concept, or other materials similar or identical to any idea you send us now or in the future. You grant the intellectual property owner of the BIX brand and its designees a perpetual, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use any idea without any kind of restrictions and without any payment or other consideration of any kind, or permission or notification, to you or any third party.

    This license will include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the idea and all rights therein, on behalf of BIX or its designees throughout the world in perpetuity, in all media now known or hereafter created. Furthermore, you warrant and agree that you have waived all and every one of the “moral rights” related to any copyrighted material. BIX will not be obliged to treat any idea as confidential.

    You acknowledge and agree that we, our affiliates, BIX, and its designees may independently create ideas, products, designs, concepts, or other materials or obtain ideas from others that may be similar or identical to your idea. You hereby waive any and all claims you might have had, might currently have, and/or might have in the future, that any idea, product, design, concept, or other material accepted, reviewed, and/or used by us, our affiliates, BIX, or its designees is similar to your idea.

    6. Website Content and Use

    The content posted on the websites may not be copied, distributed, modified, republished, uploaded, posted, or transmitted in any way, unless we allow it. All content available on the website is proprietary and is subject to copyright, proprietary rights, or other rights, and nothing contained herein shall be construed as conferring in any way, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use rights to, any intellectual property or other right and any goodwill associated with it. You agree not to create any derivative works or exploit the website’s content in any way.

    You agree that unauthorized use of the website content could cause us irreparable harm and that, in the event of unauthorized use, we shall have the right to seek an injunction in addition to any other remedy available at law or in equity.

    7. Acceptable Uses and Other Restrictions

    Regarding the Websites, you may not, and you may not allow third parties to, do the following:

    Use the Websites for any purpose that is illegal or prohibited by these terms;
    Remove or alter any copyright notice, trademark, or other proprietary notices;
    Attempt to gain ownership or title of the Websites, including the Content;
    Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
    Rent, lease, sell, sublicense, lend, translate, merge, adapt, assign, or transfer the online services, or combine or incorporate them into any other program or service;
    Access or attempt to access our systems, programs, or data that are not available for public use;
    Bypass any of the technical limitations of the Websites, use any tool to enable features or functionalities that are otherwise disabled in the Websites, disassemble, decompile, reverse engineer, copy in source code or object format, or create derivative works based on the online services;
    Undertake or attempt to undertake any action that might interfere with the proper functioning of the Websites, prevent access to or use of the Websites by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
    Transfer, provide, export, or re-export the online services in violation of an embargo, trade sanction, or other export or technology control laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist-supporting” country; or (ii) listed on any U.S. government list of prohibited or restricted parties;
    Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
    Attempt to disable, damage, overload, harm, or gain unauthorized access to the Websites or our servers;
    Use the Websites in a manner not allowed under these Terms.

    8. Links

    The websites may contain links to other websites for your convenience and information. We do not control those websites or their privacy practices, which may differ from ours. Our Privacy Statement does not apply to third-party websites. We neither endorse nor make any representations about third-party websites. If you choose to provide personal information to a third-party website, how they use your personal information is not covered by our Privacy Statement. We recommend that you review the privacy practices of any website to which you provide personal information. Some third parties may collect and share personal information with us; in that situation, the sharing is governed by the third party’s privacy practices and not by our Privacy Statement.

    9. Service Providers

    We use service providers to offer many aspects of the websites. Service providers include Google (“Service Providers”). Our websites are supported by the services provided by Google. You agree to comply with all terms and notices that Google may provide, including, but not limited to, those identified at the following links:

    https://maps.google.com/help/terms_maps/
    https://www.google.com/policies/privacy/

    10. Disclaimer

    UNLESS OTHERWISE EXPRESSLY STATED REGARDING PRODUCTS, ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES ON THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITES OR THEIR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, EVEN IF WE ARE AWARE OF THEM.

    We neither warrant nor guarantee that the websites, files, or software of any kind or from any source, available for download through the websites, are free from infections or viruses, worms, Trojan horses, or other codes or defects that manifest contaminating or destructive properties.

    Unless otherwise described, all materials on the websites are made available solely to provide information about BIX’s products or services. We control and operate the websites from our offices. We do not guarantee that these materials are appropriate or available for use in other locations. If you use the websites from other locations, you are responsible for compliance with all applicable laws.

    11. Limitation of Liability

    YOUR SOLE REMEDY REGARDING ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE WEBSITES) AND OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS, EXCLUDE ALL LIABILITY FOR ANY AMOUNT OR TYPE OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

    NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    12. Indemnification

    You agree to indemnify, defend, and hold us harmless from any claims, including, among others, damages, costs, and liabilities from third parties, including reasonable attorney’s fees arising from your breach of these Terms, as well as any claim arising from any unauthorized use you may make of the Websites or our information.

    13. Choice of Applicable Law and Dispute Resolution

    PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS THE LEGAL RIGHTS YOU MIGHT OTHERWISE HAVE. IT INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL.

    Access to and use of the websites, access to SMS, WhatsApp, and other services (“Programs”), and this agreement are governed by the laws of Ecuador, without giving effect to any conflict of laws or choice of law principles thereof.

    YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING FROM THE ACCESS AND USE OF THE WEBSITES, PROGRAMS, AND THIS AGREEMENT (OR THE BREACH THEREOF), WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”): SHALL BE RESOLVED THROUGH CONFIDENTIAL BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY THE QUITO CHAMBER OF COMMERCE IN ACCORDANCE WITH ITS ADMINISTRATIVE RULES, AS APPLICABLE, AND ITS CONSUMER ARBITRATION RULES. YOU FURTHER AGREE THAT, WHILE THIS ENTITY IS THE INTENDED BENEFICIARY OF THIS ARBITRATION CLAUSE, IT SHALL NOT BE LIABLE FOR OUR PERFORMANCE UNDER THIS AGREEMENT. PAYMENT OF ADMINISTRATIVE FEES AND ARBITRATION COSTS SHALL BE GOVERNED BY THE CONSUMER ARBITRATION RULES OF THE CHAMBER.

    NOTWITHSTANDING THE ABOVE PARAGRAPH, BOTH YOU AND WE MAY (1) FILE A LAWSUIT IN A COURT TO PREVENT INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS UNDER THE LIMITED CIRCUMSTANCES DESCRIBED BELOW; AND (2) SEEK INDIVIDUAL COMPENSATION IN THE SMALL CLAIMS COURT FOR DISPUTES WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT.

    CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARBITRATION OF ALL DISPUTES SHALL PROCEED INDIVIDUALLY. BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATE DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY.

    YOU AND WE FURTHER AGREE THAT DISPUTES MAY NOT BE JOINED OR CONSOLIDATED, UNLESS YOU AND WE AGREE OTHERWISE IN WRITING.

    Any arbitration award will be final and binding and may be enforced by any court of competent jurisdiction.

    You understand that, in exchange for your acceptance of this Paragraph, we may offer you the use of the Websites in accordance with the Terms, and that your acceptance of this Paragraph is an essential consideration for this contract. You also acknowledge and understand that, with respect to any DISPUTE:

    YOU WAIVE YOUR RIGHT TO A JURY TRIAL;
    YOU WAIVE YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE;
    YOU WAIVE YOUR RIGHT TO BE A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING SUCH DISPUTE.

    Notwithstanding the above, nothing in this Section shall prevent you or us from seeking a temporary restraining order in a court of competent jurisdiction to prevent an imminent or actual breach of this Agreement until an arbitrator can be convened and determine if such a temporary breach exists.

    14. No Waiver

    Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

    15. Headings

    The headings of each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

    16. Complete Understanding

    These Terms and the Privacy Statement found here constitute the complete understanding between you and us regarding your use of the Websites.

    Text Messaging (“SMS”) and WhatsApp Terms of Use
    IMPORTANT: THESE TEXT MESSAGING TERMS OF USE APPLY ONLY IF YOU HAVE OPTED TO RECEIVE TEXT MESSAGES FROM BIX on behalf of BIX.

    When you opt into our SMS program, you understand and agree that the Website Terms of Use are incorporated into and form part of the SMS Terms of Use (and both documents together are the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION AND JURY WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM. PLEASE READ AND UNDERSTAND THESE TERMS CAREFULLY.

    SMS or WhatsApp offers can only be accessed on smartphone devices, and we may change the SMS or WhatsApp subscription offer without prior notice. If you have transacted with us and have opted to receive text messages, we do not charge you for the text message you have received. Standard messaging rates may apply to each text message you send as applicable. If you have entered your mobile phone number on our website, then you have agreed to receive up to 10 automatically flagged advertisements and other marketing messages from us on your mobile phone each month. We do not require you to agree to receive text messages as a condition of making any purchase. SMS or WhatsApp may not be delivered to you if your phone is not within the range of a transmission site or if sufficient network capacity is not available at a given time. Even within coverage, factors beyond BIX’s control may interfere with message delivery for which we are not responsible. We do not guarantee the delivery of SMS or WhatsApp. If you wish to opt out of receiving our text messages, send a text message with the word STOP back to the number from which you received the message.

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