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.
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.
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.
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
Your Customer Data
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.