Terms & Conditions

(These Terms and Conditions were last updated in September 2023)

The website http://www.kaizenven.com along with any other URL that redirects to or facilitates access to the website (together, “Kaizen Ventures”, “we”, “us” or “the Platform”) is owned and operated by Kaizen Ventures, Inc., a corporation duly incorporated in and existing under the laws of the State of New York, with Corporation Number 3236651 and Registered Office at 525 Towline Road, Suite 1 Hauppauge, NY 11788-2829 USA.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE PLATFORM. BY USING, ACCESSING, UPLOADING OR DOWNLOADING ANY INFORMATION TO OR FROM THE PLATFORM, YOU CONFIRM THAT YOU ARE OF AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU ARE ADVISED NOT TO CONTINUE USING THE PLATFORM ANY LONGER.

1. DETAILS OF SERVICES OFFERED

Kaizen Ventures is “Value Added Reseller” of software that sells and supports third-party software products manufactured by various companies. Our aim is to advertise and provide complete and up-to-date product information on the specific solutions we resell, so that our customers can make an informed choice. Kindly note that all information provided on the Kaizen Ventures Platform is maintained and updated in good faith for general informational purposes only. We make no representation as to the completeness or accuracy of any content in the Platform and nothing therein shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information on the Platform. We also do not warrant, endorse, guarantee, or assume any kind of responsibility for the accuracy or reliability of any information offered by any third-party website(s) linked through our Platform through any weblink and/or other means of advertising. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use (or inability to use) of the Platform or reliance on any content and information provided on the Platform. Your use of the Platform and your reliance on any content therein is solely and completely at your own risk.

2. ACCEPTABLE USE OF THE PLATFORM

In order to maximize your user experience in using the Kaizen Ventures Platform, and avoid, eliminate or minimize disruptive activities, we kindly ask you to maintain the following:
• do not use the Platform in any way or take any action that may undermine, disrupt, damage or manipulate its working functionality, performance, availability or accessibility;
• do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Platform, or any updates or any part thereof;
• do not use the Platform in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
• do not publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
• do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights;
• do not use any data collected from the Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3. SUSPENSION OF SERVICE

Kaizen Ventures reserves the right to fully or partially suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any of the Services with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All provisions of these Terms and Conditions which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.

4. THIRD PARTY LINKS AND ADVERTISEMENTS

Kaizen Ventures may provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that Kaizen Ventures endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within Kaizen Ventures. If you agree to purchase goods and/or services from any third party who advertises in this Platform, you do so at your own risk and these Terms and Conditions remains no longer applicable.

5. DISCLAIMER OF WARRANTIES

By using the Kaizen Ventures Platform, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Kaizen Ventures is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of quality, accuracy, completeness, reliability, conditions of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the products and services offered through Kaizen Ventures will meet your specific requirements, that the Platform will be uninterrupted or error-free or free from viruses or similar harmful matter or that any defects in Platform will be immediately corrected. No oral or written communication offered by Kaizen Ventures will create any warranty for this purpose.

6. LIMITATION OF LIABILITY

Under no circumstances will Kaizen Ventures any of its directors, shareholders, employees and agents be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the Platform, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms and Conditions will limit or exclude any liabilities that may not be excluded under applicable law.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kaizen Ventures, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with (a) your use of or inability to use Kaizen Ventures (b) your violation of any provision of these Terms and Conditions or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Kaizen Ventures reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Kaizen Ventures in asserting any available defenses.

8. INTELLECTUAL PROPERTY

All information and content displayed in the Platform including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is owned and/or licensed by Kaizen Ventures unless expressly specified otherwise, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. Notwithstanding the above, Kaizen Ventures hereby disclaims any and all rights and claims to the copyright or any other right over any third-party content featured in the Platform unless expressly specified otherwise. By agreeing to these Terms and Conditions you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from Kaizen Ventures, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so.

9. COPYRIGHT PROTECTION

If you believe there has been any unauthorized uploading or sharing of your intellectual property by or through our Platform amounting to copyright infringement, please get in touch with us immediately in accordance with the procedure set forth below. We value the intellectual property rights of all copyright holders and will process and investigate notices of alleged infringement and promise to take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.

For us to process your complaint as a Notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), a notification of the claimed copyright infringement should be emailed to Kaizen Venture’s Copyright Agent at: DMCA@kaizencopyright.com with the subject line “DMCA Takedown Request” and containing the following information:
a) a description of the copyrighted work or other intellectual property that you claim has been infringed;
b) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
c) a detailed description of where the material that you claim is infringing is located on the Website, so as to assist us with prompt identification;
d) your postal address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that we have removed any of your intellectual property that was not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the material in or through your user account, you may send a written counter-notice containing the following information to the Copyright Agent:
a) identification of the intellectual property that has been removed or to which access has been disabled and the location at which the intellectual property appeared before it was removed or disabled;
b) your physical or electronic signature;
c) a statement that you have a good faith belief that the intellectual property was removed or disabled as a result of mistake or a misidentification of the intellectual property; and
d) your name, postal address, telephone number, and email address, a statement that you consent to the jurisdiction of the court(s) in London and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Kaizen Ventures will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed intellectual property or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the intellectual property provider or user, the removed intellectual property may be replaced, or access to it restored in due time at our sole discretion.

10. ELECTRONIC COMMUNICATIONS

The communications between you and Kaizen Ventures use electronic means. For contractual purposes, you (a) consent to receive communications from Kaizen Ventures in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kaizen Ventures provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws.

11. GENERAL INFORMATION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws, and all disputes as to the validity, execution, performance, interpretation or termination of these Terms will be submitted to the exclusive jurisdiction of the competent courts thereof. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of this Agreement.

Kaizen Ventures reserves the right, at their sole discretion, to modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the same on the Platform. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Kaizen Ventures Platform shall be deemed as a conclusive acceptance of such modified Terms and Conditions.


If you have any further questions, comments or requests regarding these Terms and Conditions, please contact us at info@kaizenven.com.

These Terms and Conditions were last updated in September 2023.