Terms of use
1.Welcome to Businessea! When we mention ‘we’, ‘us’,‘Businessea’ or the parent company Jagluck services pvt ltd,Bangalore , India  it terms as the owner of this site.
2. Businessea marketplace helps people in getting creative, publish their product and earn online. When you create an account at Businessea and accept these terms you become a member of our forum. You can buy and sell digital items on our site and have other related business transactions and add knowledge on technology topics.
3. Our digital market place is a platform that allow members to buy and sell licenses to users for website themes, software code, vectors, images, music, video and many more categories of digital products.
4. The items on Businessea site are owned by the authors, not by Businesseas.com or its affiliates. The items on Businessea.com are uploaded at the direction of the respective authors. We provide the platform services; we do not take ownership of the items published for sale on our site.
Businessea site terms
Browsing terms.
5. You could get redirected to our different accomplice sites owned By Jagluck services pvt ltd thru the Businessea.Com hyperlink. The products supplied on our sites may also have separate terms & phrases.
6.  If you stream or download a preview document from our sites, you settle that you may now not dispose of, alter password or place any watermark or remove the protective measures from the preview record. You agree that you may use the preview report solely for the purposes of comparing a purchase from our site and not for every other motive.
7.  You need to be sixteen years or greater to browse our websites. Whilst browsing the sites you settle which you follow the set pointers and take into account that those terms are applicable to everybody for using our sites whether or not or now not a member.
Membership.
8. Account: Membership is free. When you become a member you get an register account Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem that help people get creative. Membership also gives you the opportunity to become an author
9.Your responsibility: You promise that, the information you share with us thru your account sign up process , those are true, accurate and complete in every sense and, if you sign up for an registered account, that you will keep your account information up-to-date (including your new email address). Your membership is not transferable, that means you cannot sell your account to anyone. You are responsible for any use of the Businessea Marketplace including any activity that occurs in conjunction with your username and password, so keep your password secure and don’t let any other user, use your username or password. Any violation you found out, then you must have to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid international cyber law compliances & with Businessea.com user terms and conditions, or for any fraudulent or illegal reasons.
It is important that you understand your responsibilities as a user or member of our author community so please take the time to review this section of the terms carefully.
 
10. Referrals: As a part of our Affiliate Program or reseller program (which is on the way please find out our policy section), if you refer a new member or a new customer to our sites you may be eligible to receive referral income or associate program earning. You can find out more about the Program and the terms applying to referrals soon over your mail and account notifications.
Purchase of items
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Businessea.com.
11. What you're purchasing:
  1. Item service process: Authors can choose whether or not to provide support service on certain items. If an author chooses to support an item, this will be identified on the item page.  All supported items include a support service period. You can buy service support extensions on these items. Your right to access Item Support requires a businessea.com account.
To learn more about item support service, like what items are covered, what authors provide, the support service period and support service extension options, please go thru the Businessea.com service policy
  1. License to use process: When you buy an item listed on Businesea.com, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we display on Businesssea. This license is also applicable for you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a businessea.com member). Different license types are available for you to choose when you have selected an item so please go thru the licence terms & conditions. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your sole responsibility to choose the correct license to use. that you can choose the appropriate license to permit that use.
12. The total price for a digital product on Businessea is made up of:
  1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
  2. Handling charges: In some transactions on Businessea may include a handling fee.
  3. Taxes: all products are subject to relevant tax that may be added to the price.
Transacting as a buyer:
13. If you have a Businessea.com account, you can make payments by using the ‘Buy Now’ function using our payment methods or you can use your credits in your account to buy some items against your credits.
14. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on our Marketplace. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing, which we have no control over that.
15. Buying terms : When you buy an item from Businessea.com you’re doing so on the following terms:
  1. You give us a scope of understanding to us and the author that you have carefully considered the suitability of your required license to use appropriately;
  2. we and the authors do not promise that any particular item will continue forever on Businessea.com site, so you must download and save the item as soon as you buy it.
  3. you cannot cancel a completed purchase of an item;
  4. Once you buy or download an item displayed on Businessea, the item has been paid for, you acquire a non-exclusive license to use the item under the terms mentioned in the license (non-exclusive means others might also get a license to use the same item);
  5. the author retains all the ownership of the item;
  6. your relevant identity as per Businessea account details may be provided to the author of the item you purchased in order to provide you item support services & billing.
16. Warranties authors make: Authors are supposed to keep provisions for warranties as under for the products your buy:
  1. The item matches the description given by the author on the item page, as well as the preview or on the external link page which they provide on the perview of demo.
  2. Author will honour any special warranties given to you that are not contained in these terms;
  3. Your use of that item in order with the terms of the applicable license does not infringe the intellectual property rights of others.
  4. Authors have all the rights necessary to license that item on the terms of applicable license
  5. The item must come with an acceptable quality and fit for the purpose for which it is 'sold';
  6. The item and its description are not false, misleading, fraudulent, unlawful or defamatory;
  7. The item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  9. if the item is marked as 'supported', they will provide you with the services as outlined in the support policy.
  10. they will process your data in accordance with applicable privacy law and data protection regulations.
This is what authors are promising you when you buy an item.
20. Taxes:
  1. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of Businessea.com wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
21. Items with error in payment processing or with incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Refunds
22. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author in has been breached, or a refund is required under the refund policy or any other relevant consumer protection laws. If you would like to request a refund you can follow the refund policy.
23. We will assess refund or credit requests on their merits, considering the digital nature of the items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
24. If the author or we decide to issue a refund or credit (if you have an Businessea account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using Credits, you will be settled in allocating credits; if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in the currency you used to buy either INR or USD.please go thru our payment policy.
25. Disputes lodged with payment agents: If, as a buyer lodge a dispute with a payment agent, this will result in a freezing of your Businessea.com account until the dispute raised with the payment agent has been cancelled.
26. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, your credits are not deposits under Indian law about banking, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a trustee for you, and we’re not a licensed financial service provider.
Becoming an author
27. If you want to get involved in our community as an author, you can sign up and find out more on our author policy. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
To find out more about how to become an author, please read our terms.
Intellectual Property
28. What Businessea own: We own all the content that we have put on Businessea.com (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the site, and copyright, trademarks, designs and other intellectual property on Businessea.com, We own all the trademarks, logos, service marks and trade names on Businessea.com (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Content or use any of our intellectual property in any way not expressly stated in these terms.
29. What we don’t own: We do not own the items on businessea.com; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via Businessea.com do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see the product policy.)
30. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual property policy.
Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Businessea.com including copyright and other rights.
31. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
Use of your information
32. Privacy: We respect your privacy and process your personal information in accordance with our privacy policy, which tells you how we deal with your information.
33. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Businessea, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Businessea to any other person.
Playing fair
34. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on Businessea.com or in any public communications via the our sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under various laws and our contact policy , you do so at your risk!
35. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Businessea.com and any content might result in liability to us or anyone else. 40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Businessea great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on communication site, you agree to follow them as part of these terms.
Linking; apps made by others
36. Linking to the Businessea market place: We’d be delighted if you decide to link to Businessea.com from other sites but you have to link to a full version of a page and not link directly to an image or a file hosted on businessea.com. That includes no "in-line" linking methods resulting in images hosted on our platform being displayed on other sites. You must not "frame" any of our pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Businessea.com Market be discontinued, and to revoke your ability to link to our page or product or image.
37. Links from Businessea : The authors may have their products displayed which may contain links to other non-Businessea site. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
Legal Housekeeping
38. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Businessea complies with these terms and our policies. We can suspend or terminate your account at any time for any reason (acting reasonably of course), including if you:
  1. breach these terms or any terms applicable to any of your other businessea accounts;
  2. breach any of our policies (or policies of any other partner Company);
  3. act in a way that does not align with the values of our community; or
  4. act in a way that could cause us or members harm.
If we do decide to permanently terminate your Businessea account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your accounts you use on other partners company sites.
39. Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other partner Companies. We may enforce that benefit as trustee for and on behalf of the other partner Companies as beneficiaries under that trust.
40. We may use the services of another partner Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we receive the payment successfully.
Liability and indemnity - between us and you
41. We provide the Businessea Marketplace and the platform services, not the items on the Businessea Marketplace.
42. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Businessea.com market place and any content you post to Businessea.com  (including, if you are an author, your items).
43. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
  1. the items on Businessea.com;
  2. information provided by authors about their items (including on any item page); and
  3. your use of items from Businessea market place.
44. Our liability to you in connection with Businessea.com Marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
  1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
  2. our total liability to you is limited to the greater of USD 50.
  3. These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity - between authors and buyers
45. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
  1. if another person makes a claim against a buyer that the buyer's use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
  2. if that buyer promptly notifies the author of the claim and gives the author the option to control the defence of the claim (at the author's cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.
46. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author's earnings from the payment for that item, except to the extent that the author's liability arises from wilful misrepresentations made about the item.
This means that the author's liability to buyers is limited.
47. Availability: We strive to have Businessea marketplace available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the site, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Businessea works. The Businessea.com will not be liable to you for any loss you suffer as a result of these things.
48. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
49. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author's liability for breach of a non-excludable consumer guarantee is limited, at our or the author's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
50. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your account with us, or that payment, including if it breaches a law or regulation of a country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your accounts you use on Businessea or other partner sites. If required by law we may forfeit existing deposits or earnings.
As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
51. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments.
52. Notices: Any notice you send us must be submitted via a request to given support mail ID. Any notice we send to you will be emailed to your businessea.com account email address.
53. Changes to businesseas terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use our sites after the changes are made, then it will be considered as you agree to the changes.
54. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
55. Applicable Laws: We control and operate Busisnessea.com Market from our offices in India. The laws of State Karnataka, India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Author:
a member who makes items available for display & sale on Businessea Marketplace.
Buy: Downloading an item that is made available for free or paid on Businessea
Buy Now:
a way of purchasing an item using a payment provider
Buyer:
a person who ‘buys’ items on Businessea.com Market.
Businessea.com :
A brand under Jagluck services pvt Ltd.Bangalore
Businessea content:
is all the content that we have put on Businesseas.com site and includes the design, compilation, and look and feel of the site, and copyright, trademarks, designs and other intellectual property on the Businessea site (unless otherwise stated and excluding content owned by others like author content).
Businessea account:
what you receive when you become a Member which gives you access to any of the Businessea or partner sites.
Handling fee:
the fee buyers may pay when using a payment method.
Item price:
the price buyers pay for the license to use an item.
Item support:
the support an author agrees to provide Businesea account holders for an item marked as ‘supported’.
Items:
digital goods found on Businessea.com like websites , themes , lohos , image WordPress themes, background music, After Effects project files, photography and much, much more.
List price:
the price you see on an item page on Buisnessea.com site , which is made up of the item price and other fees and taxes.
Member:
a person who signs up by creating an account and accepting these terms.
Member’s statement:
the record of payments by you to Businessea (as a buyer) and by Businessea to you (as an author).
Payment method:
any payment agent or method we make available on the Buinsessea.
Total price:
the price the buyer will pay in total, which consists of the item price, buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in
Your content:
everything that you post on the Businessea.com site including items, files, communications and materials.
Version 1.1 - Effective date: 9th Feb’2019