These BizZtel Terms of Service are an agreement between BizZtel (or, if applicable based on where you live, one of its affiliates) and you.
BY SUBSCRIBING TO BizZtel, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM
TIME TO TIME. If you do not agree to these Terms of Service and the
Additional Terms do not subscribe to or use the BizZtel services.
BizZtel is a Text Messaging application,
offering group messaging, where users can send information to all the
group members in one go much cheaper then Mobile messaging. User's can also
set sender name with these messages. (herein after referred to
"Services" ) which are provided by BizZtel, its affiliates or third
party service providers.
The services will be collectively referred to in these
Terms of service as "BizZtel", "we", "us", or "our". "You" and "Your"
means You, Your Company, Your employees, and anyone who has access to
use your BizZtel account. You must be at least eighteen (18) years of
age to subscribe to and use any BizZtel service or product or any other
eligible age as specified under the laws of the country.
BizZtel is offered to you on the condition that you
accept these Terms of Service and the Additional Terms without
modification. You agree to familiarize Yourself with, and to regularly
review, the Terms of Service, the Additional Terms, and other terms and
guidelines found throughout BizZtel and abide by them if You choose to
use the sites, or accept the, services or benefits, to which such terms
apply. BizZtel reserves the right to change any of the Terms of Service
and any Additional Terms at anytime without notice. If BizZtel makes a
material change to the Terms of Service, BizZtel will give you notice by
email at the email address which you use as your user ID for Your
BizZtel account before such change is scheduled to take effect. If you
continue to use BizZtel after any such changes, Your continued use will
constitute Your consent to such changes. Any rights not expressly
granted herein are reserved by BizZtel. In addition to your registration
information and other information about you is subject to our Privacy
Statement.
Terms of use
Upon your registration your password shall be send to
your email account as given at the time of registration. BizZtel shall
filter the message sent by you if the words are offensive and are in the
list of non-conformity of words of BizZtel.
Your Warranties
By subscribing to any service offered on the BizZtel
site, you make the following representations and warranties. BizZtel
shall have the right to terminate your BizZtel account, without notice
at any time, if any representation warranty made by you proves to be
untrue in any respect.
You represent and warrant that:
You and all users of BizZtel approved by you are at
least eighteen (18) years of age or any other eligible age as specified
under the laws of the country;
You have the legal capacity and authority to;
(a) enter into binding contracts,
(b) be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the
BizZtel service, in accordance with these Terms of Service and any
Additional Terms and conditions,
(d) if you are acting in a corporate capacity, to bind Your company,
You will not use BizZtel for any purpose that is unlawful,
or prohibited by these Terms of Service or the Additional Terms (as may
be modified from time to time);
All information supplied by you or by others using
your account is true and accurate, including information submitted as
part of the registration, subscription and billing process;
Any services advertised, sold or otherwise distributed
by You on or in connection with Your Web Site are legal for sale or
distribution; that you have all licenses necessary to sell or advertise
the goods or services offered for sale or distribution and that all
sales and advertisements will be in compliance with applicable law; and
By using BizZtel, you agree that you will defend and
indemnify BizZtel and its suppliers from any third party claim related
to a breach of any of the foregoing warranties.
Limitations on Your Use of BizZtel
BizZtel is provided to assist you with the operation
of your business. Your right to use BizZtel is limited to you, and Your
Company and its employees. You are solely responsible for your content
and Your Web site and your BizZtel account. BizZtel reserves the right,
but is not obligated, to monitor or to review materials posted on Your
Web site and to monitor your compliance with these Terms of Service and
the Additional Terms. BizZtel reserves the right in its sole discretion
to edit, refuse to post or remove any information or materials which
violate these Terms of Service or the Additional Terms in whole or in
part, without notice at any time.
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, services or benefits
obtained from BizZtel, except as expressly provided herein.
You may not use a name in connection with operating
your BizZtel Web site that is confusing or misleading, or otherwise
impersonate or deceive anyone with respect to your identity. You may not
restrict or inhibit any other user from using and enjoying such user's
rights in BizZtel and should not interfere with or disrupt BizZtel or
servers or any network connected to BizZtel.
You may not use BizZtel or the
services provided through or in connection with the BizZtel to:
You may not reproduce or redistribute any
Software. You may not copy or reproduce the Software to any other server
or location for further reproduction or redistribution. You may not
decompile, disassemble, reverse engineer or otherwise attempt to
discover any trade secret contained in BizZtel, or in any product,
service or Software provided through BizZtel.
The information provided by BizZtel to you may be
proprietary in nature. You agree not to share any information provided
to you by or on behalf of BizZtel with any third party.
Changes to Services, Termination By BizZtel
BizZtel may change any of the BizZtel services at any
time and from time to time without notice, including terminating the
offering of any BizZtel service altogether.
BizZtel may terminate your account, your access to
BizZtel or any of your BizZtel services (in whole or in part) at any
time, with or without cause, and with or without notice or upon receipt
of any instruction/direction from the Government or any Statutory
Authority. You may be barred from accessing any of Your BizZtel services
or from using the BizZtel Network or from receiving any services or
benefits from BizZtel, if BizZtel determines You have violated these
Terms of Service or any Additional Terms, if any representation or
warranty made by You is untrue in any respect or if BizZtel receives a
court order or other legal action relating to Your account. In addition,
if you violate any of these Terms of Service or any applicable
Additional Terms You will forfeit all in-kind credits accruing to you
(if any) in connection with the BizZtel Network and there will be no
refund of any fees prepaid by you.
Change in Commercials
The Commercials agreed with You are subject to
change/modification from time to time depending on the change in
commercials offered by Network Operator(s), accordingly balance credits can be revise with new SMS rates. Such changes shall be
communicated to the registered e-mail ID with BizZtel.
Links to Third Party Sites
Links (if any) within the BizZtel web site may let you
leave the BizZtel site. You acknowledge that the linked sites are not
under the control of BizZtel and that BizZtel is not responsible for the
contents or operation of such linked sites or any link contained in
such linked site, any changes or updates to such sites, or Web casting
or any other form of transmission received from any linked site.
Ownership of Materials
BizZtel does not claim ownership of the materials You
provide to BizZtel (including feedback and suggestions) or that You
post, upload, input or submit in connection with Your use of BizZtel
(collectively "Submissions"). However, You grant BizZtel a royalty-free
license to use (including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, sublicense and reformat Your Submission, and to publish
Your name in connection with Your Submission) Your Submission only in
connection with the operation and promotion of BizZtel. You also grant
BizZtel the right to publish your name in connection with any such use.
No compensation will be paid or due to you with respect to BizZtel or
its sublicense's use of the materials as licensed above. BizZtel is
under no obligation to post or use any materials you may provide, and
may remove such materials at any time in BizZtel sole discretion. By
posting messages, uploading files (including graphics), inputting data,
submitting any feedback or suggestions, or engaging in any other form of
communication with or through BizZtel, You represent and warrant that
You own or otherwise control the rights necessary to do so and to grant
BizZtel the license set forth above, and You will defend and indemnify
BizZtel and its suppliers from any third party claim related to a breach
of any of the foregoing representations or warranties. You grant
BizZtel permission to use screen shots of any Web page that contains a
link to BizZtel or BizZtel HTML code in BizZtel promotional materials,
and represent and warrant that you have sufficient authority to grant
the foregoing rights.
Limitations of Liability and Disclaimers
The information, software, services and other material
included in or available through BizZtel may not be complete, and may
include inaccuracies or errors, and may also be modified, discontinued
or deleted from time to time without notice. Advice, information,
products, services or other materials received via BizZtel should not be
relied upon for personal, medical, legal, business, financial or other
decisions and is not intended to replace the advice of appropriate and
qualified professionals. You acknowledge that you should consult an
appropriate professional for specific advice tailored to your situation.
Your access to and use of BizZtel, and services of
BizZtel, is at your own risk. BizZtel makes no guarantees of any kind
regarding the dependability, accuracy, security, timeliness or
availability of the BizZtel Network, or such services. Without limiting
the foregoing, NEITHER BizZtel NOR ITS RESPECTIVE SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR
ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND MATERIALS CONTAINED
IN BizZtel FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BizZtel
AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS
INFORMATION, SOFTWARE, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BizZtel
OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE,
DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF BizZtel OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE BizZtel OR RELATED SERVICES; THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BizZtel; OR
OTHERWISE ARISING OUT OF THE USE OF BizZtel, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BizZtel OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
BizZtel, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BizZtel
NETWORK AND ITS RELATED Services.
BizZtel shall take
reasonable care to store your data residing on BizZtel and BizZtel
hardware or systems, including such hardware or systems provided to
BizZtel by third parties.
Without limiting the foregoing, BizZtel is not
responsible for any of your data residing on BizZtel and BizZtel
hardware or systems, including such hardware or systems provided to
BizZtel by third parties. You are responsible for maintaining and
backing-up Your data and information that may reside on the BizZtel or
BizZtel hardware or systems, including such hardware or systems provided
to BizZtel by third parties, whether or not such information is
produced through the use of BizZtel, including any information regarding
the operation or use of Your Web site, catalogs, lists, order records,
and other information You are providing or using in connection with Your
use of the BizZtel Network. It is your responsibility to take the
necessary steps to ensure your primary means of business is maintained.
BizZtel will not be liable for any damage, loss or disclosure of data,
accounts, revenue or business arising out of or otherwise related to:
BizZtel is not liable for your actions with your
customers or vendors, or the use of their information, or for any other
actions arising from your use, or the use of other parties to whom you
have given access to your BizZtel information, through the use of
BizZtel.
Indemnity
You agree to defend, indemnify and hold BizZtel and
its suppliers harmless from and against any and all claims, losses,
liability costs and expenses (including but not limited to attorneys'
fees) arising from Your violation of these Terms of Service (including,
without limitation, violation of applicable Additional Terms), or any
third-party's rights, (including, without limitation, infringement of
any copyright, violation of any proprietary right and invasion of any
privacy rights). These obligations will survive any termination of your
relationship with BizZtel or your use of BizZtel.
Access Restriction; Account Security and Passwords
BizZtel reserves the right to deny in its sole
discretion any user access to BizZtel or any portion thereof without
notice. You are responsible for safeguarding the confidentiality of your
account information (including password(s) and user name(s) issued to
you) and for any use or misuse of your account or BizZtel resulting from
any third party using a password or user name issued to you. You agree
to notify BizZtel immediately of any known or suspected unauthorized
access to or use of your account, your password, the password of any
individual user to whom you have issued a login ID or any other breach
of security or misuse of BizZtel known to or suspected by you. You may
change your password at any time by following instructions on the
BizZtel Web site.
You hereby authorize BizZtel to
rely on any data, notice, instruction or request furnished by you to
BizZtel, or that BizZtel reasonably believes to have been furnished by
you. You are solely responsible for maintaining the confidentiality of
your account information and monitoring usage of your account. BizZtel
is not responsible for fraud of participants or of other users of your
account.
Your Customer Data
BizZtel will only use your customer data in accordance with the privacy policy.
General
These Terms of Service and the Additional Terms are
governed by the laws of the India. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Aurangabad, Maharashtra,
India in all disputes arising out of or relating to the use of
the BizZtel Services or BizZtel. You agree not to represent yourself to
be a representative, agent, or employee of BizZtel and that BizZtel will
not be liable by reason of any representation, act or omission to act
by you. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and BizZtel as a result of these
Terms or Service or use of BizZtel.
BizZtel's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in these Terms of Service are in derogation of BizZtel's right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the BizZtel Network or information
provided to or gathered by BizZtel with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.