1. Acceptance of the Terms of Use

BUYWAYYBIZ (hereinafter “the Company“), has created the Application BUYWAY365 (hereinafter “the Application“) and all information or details (i.e. documents, files, texts, graphs) contained in the present Terms of Use are intended for the purpose of informing the users of the Application.

The usage of the Application, of the services provided through it and all information or details contained within the present Terms of Use are subject to the present Terms of Use.

The present Terms of Use are in force at all times and constitute the “Entire Agreement” between the Company and each person that visits and/or uses the Application.

Any type of usage and/or access in relation to the Application (including simple browsing), represents an unconditional acceptance of the present Terms of Use by the user.

The Application subject to the present Terms of Use and all applicable Laws and Regulations, provide each user with a non-exclusive, non-transferable, personal, restricted right of access, use and presentation of the Application and the details it contains.

The right of access to the Application does not provide any right over the Application and/or the content contained within it and is subject to the following restrictions:

(i) On the occasion where the user of the Application uses the Application and/or the content contained within it in any way, the user has the obligation to abide by all the requirements that concern intellectual property rights and other proprietary rights,

(ii) Any amendment to the Application and/or the content contained within it is strictly prohibited. Also strictly prohibited is any reproduction and/or public presentation and/or distribution and/or the usage of the Application and/or the content contained within the Application for any public and/or trade purposes other than for the purposes directly referred to within the present Terms of Use.

In circumstances where the Application directs the user through the use of “links”, “hyperlinks” or “adverting banners” to any other webpages, the providers of which have full and unconditional (civil and/or criminal) responsibility for the safety, the legality and the validity of the content contained within the aforementioned webpages and/or services that are provided through these, the Company will not bare any legal and/or other obligation in relation to Intellectual property rights and/or Industrial property rights and/or any other third party rights.

The users of the Application who are directed through the Application to any other webpage are bound and obliged to fully comply with the terms of use of that webpage, and in the event that

an issue arises from the use and/or visiting of the aforementioned webpage, the user must communicate the issue directly to the provider of said webpage.

2. Amendments to the present Terms of Use.

The Company reserves the right to amend the present Terms of Use of the Application at any point in time. Such amendments and/or additions and/or deletions to the current Terms of Use shall be deemed to be in force from the moment they have been publicised and each user will be obligated to accept these unequivocally prior to making further usage of the Application.

The use of the Application is subject to the Terms of Use that are in force at the time of use of the Application by the user.

3. Limitation of Liability

The Company and/or any other persons acting on behalf of the Company, are not liable under any circumstances, for any direct and/or consequential and/or indirect and/or specific damages and/or costs and/or financial penalties, including, but not limited to, loss of profits and/or the Company ceasing to operate and/or loss of information or data and/or loss of clientele and/or loss or damage of property and any claims by third parties which may arise from or in connection with the use, replication, presentation of the Application or its content and/or any other connected application, regardless if the Company has been informed, knew or ought to have known of this possibility.

4. Periodical Changes

The Company is constantly extending, updating, and improving the Application and the products and service which are provided through the Application.

The Company ensures, in regular intervals, that all users uptake all necessary steps, so as to remain well informed in relation to the procedure in place regarding the periodical changes and/or changes in the functioning of Application and/or changes to the applicable policy relating to the protection of personal data.

In the event where changes to the Application shall affect the rights of the users and/or the functioning of the Application, the Company shall take all reasonable steps to notify the user of the said changes to the Application and acceptance of the new changes will be a necessary precondition prior to the user using the Application again.

5. Governing Law and Jurisdiction

The present Terms of Use and any amendments and/or difference and/or claim arising out of and/or in connection to these will be governed by the laws of the Republic of Cyprus.

The Company and the users of the Application provide their irrevocable consent towards the relationship between the parties being subject to the exclusive jurisdiction of the Courts of the Republic of Cyprus.

6. Protection of Personal Data

The processing of Personal Data submitted by each user will be conducted in accordance with:

(i) The provisions of the General Data Protection Regulation (2016/679),

(ii) The Law on the Regulation of Electronic Communications and Postal Services of 2004 (περί Ρυθμίσεως Ηλεκτρονικών Επικοινωνιών και Ταχυδρομικών Υπηρεσιών (Ν.112(I)/2004)), as enforced at the relevant time, which concerns the protection of personal data and privacy in relation to electronic communications,

(iii) The decisions of the Office of the Commissioner for the Protection of Personal Data,

(iv) Τhe relevant Cypriot and European Laws which are in force at the relevant time.

The Company confirms that it has fully complied with the GDPR framework and that it undertakes a continuous obligation in relation compliance with the GDPR framework.

The present Declaration for the Protection of Personal Data along with the attached Terms of Use prescribe the method of collection of Personal Data which takes place through the Application and also governs the rules of use and/or processing of the said Data by the Company. The present Declaration for the Protection of Personal Data refers exclusively to the Personal Data of users, which has been provided by users through usage of the Application.

7. Use of the Application by minors

Usage of the Application is only permitted for people above 18 years of age. The acceptance of the present Terms of Use and/or any type of use of the Application constitutes a declaration that the user is an adult above the age of 18.

8. Intellectual Property – Intellectual Property Rights and Trademark

Τhe design, text, graphics and settings of the Application constitute exclusive intellectual property belonging to the Company and are protected by the relevant provisions of European Law, Cypriot Law and all relevant international conventions.

Use of any of the intellectual property mentioned above by any user of the Application may only be carried out with prior written consent of the Company.

9. User Obligations

(i) The user ensures to use the Application in accordance with the provisions of the existing applicable legislation and to always abide by the present Terms of Use.

(ii) Use of the website for the purpose of promoting misleading and/or profit-generating causes and/or for the purposes of causing the malfunction of the services provided through the Application, is strictly prohibited.

(iii) Any use of the Application which is contrary to the applicable laws and/or the present Terms of Use by any user shall result to the said user being excluded from accessing the services provided through the Application and will provide the Company with the right to take legal action against the guilty user, seeking inter alia, damages and/or declaratory and/or mandatory and/or any other type of decision and/or order of the court.

(iv) In the event of illegal activity and/or activity contrary to the Terms of Use, the user responsible undertakes responsibility and is obliged to compensate the Company for any type of damage suffered by the Company due to the and actions of said user.

10. Unacceptable behaviour by the users

The Company will under no circumstances condone comments whilst use of the Application is being made which contain:

(i) Swearing, sexual content, hate speech, abuse, discrimination and threats.

(ii) Refence to the full name of individuals, personal attacks on members.

(iii) The promotion of illegal activity.

(iv) Websites, email addresses, home addresses, phone numbers, credit/debit card details.

(v) Politically sensitive statements.

Users agree and are responsible for ensuring that all details submitted by them whilst using the Application are true and accurate.

The creation and/or use of more than one account by any user is strictly prohibited.

11. Members (Consumers)

When users of the Application use the Application as Members (Consumers) they undertake a responsibility to and/or are bound to follow the following rules:

(i) Members shall ensure that all information that they submit as participants on the Application is true and accurate. Specifically, it is strictly prohibited for users to be portraying themselves in a misleading manner and/or to be impersonating third parties with the intention of misleading other users, members or entrepreneurs.

(ii) Members are prohibited from accessing and/or using any section of the Application for any purposes other than for their own personal use.

(iii) Members are prohibited from submitting to the Application any content that may be considered threatening and/or slanderous and/or defamatory and/or inappropriate and/or may in some way breach any law and/or terms of the present Terms of Use.

(iv) Members are prohibited from sending and/or affecting the Application in any manner, with malicious and/or illegal, misleading or irregular software such as viruses, spyware, adware and other programmes which may adversely affect the Application”s infrastructure and/or its normal operation.

Any failure and/or refusal to comply with the rules above will result in the immediate termination of a Members access to the Application and/or the cancellation of any discounts, if any.

The Company reserves the right to uptake any necessary legal action which may be deemed appropriate against a Member who violates these rules in order to safeguard the Application and compliance with the said rules.

12. Participating Businesses

(i) The Company does not allow users which are not professionals to act as Entrepreneurs on the Application and for the them to offer and/or sell their products on or through the Application.

(ii) The Company and each individual Entrepreneur have the respective right to terminate the relationship between them for any reason (e.g. due to breach of agreement and/or application for declaring bankruptcy) by complying with the relevant notice periods as agreed between them.

(iii) The company has the right to delete from the Application, following the conduct of an investigation, any Business which has a total of three bad reviews from Members of the Application.

(iv) Each Entrepreneur is obliged to immediately notify the Application in relation to any changes in products and/or services offered through the Application.

(v) Each Entrepreneur is obliged to provide users and/or Members with the relevant discount which has been agreed with the Company. The relevant discount must always be provided through the Application. The Entrepreneur may amend the discount only in a way that increases the discount for specific periods of time and at the end of the said period the discount shall return to the agreed amount.

During periods of discounts, each Entrepreneur is obliged to provide Members with an additional discount in addition to the one already offered by said Entrepreneur.

(vi) Each Entrepreneur is obliged to promptly provide notice to the Company in relation to the potential closure of his business, for any reason.

(vii) Each Entrepreneur is obliged to promptly notify the Company and the users of the Application in relation to any changes to the relevant information of the business (e.g. contact number, business name, address, email, etc.)

(viii) The Company reserves the right to take legal action against an Entrepreneur and/or Business in the event that it presents false information and/or seeks to mislead the Company and/or Member and/or users of the Application in any way.

13. Charges

Buyway Ebiz, in order to provide the application Buyway365 free, shall receive from its memebrs (consumers and merchants), a percentage fee up to 20% from the discount to be received by consumer, as a processing fee instead of a subscription fee. The processing fee will be deducted automatically and will be mentioned in detail within the application.