This Terms of Service Agreement (the "Agreement") governs Your use of bizezy.in, and any mobile device applications provided by BizEzy (the "Site") and any services made available to You by BizEzy, (hereinafter, "BizEzy", "We", "Us" or "Our") on or through the Site (the "Services"). For purposes of this Agreement, "You" or “Your” means the person using the Site or the Services including the “User (Store Owner)” or the “End User (Customer of the Store)” or “Guests” who simply browse the Site. If You are using the Site or Services on behalf of Your company (or another entity), then "You" means Your company (or such other entity), its officers, members, agents, successors and assigns.
1.1 PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES. IF YOU ORDER ANY PRODUCT OR SERVICE PROVIDED BY BIZEZY THROUGH THE SITE, THEN ACCEPTANCE BY BIZEZY IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.
1.2 You accept and understand that BizEzy shall have the absolute right to amend these Terms of Service at any point of time unilaterally with or without any notice. You are required to read and understand the existing Terms of Service every time before using the services offered by BizEzy. Lack of knowledge related to any Terms or the amendments effected to the Terms from time to time may not absolve you from any of your liabilities under the Terms of Service.
2.1 Users of the Site, who simply browse the Site ("Guests"), may be able to view products and information, request information and engage in certain services on the Site. Users of bizezy.in, who enter into a separate Merchant User Agreement with Us ("Merchants"), may be able to (a) use BizEzy’s systems and networks to create and customize an online store ("Store") that permits Merchants to post information about their products and offer such products for sale through the Store; (b) receive hosting services from Us, and (c) engage in certain other services on or through bizezy.in or through mobile device application provided by BizEzy. The term "Users" refers to both Guests and Merchants.
2.2 Except as expressly provided in a separate Merchant User Agreement between You and BizEzy, BizEzy reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.
3.1 The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials on the Site, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the "Content") are protected by international copyright, trademark and other laws. BizEzy and its licensors own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content. Your use of the Site and/or the Content does not grant to You any ownership in or to the Content or Site.
3.2 The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of BizEzy and its licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BizEzy or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
3.3 BizEzy grants You a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms and conditions in this Agreement. This license is granted solely to allow You to visit and display the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in this Agreement are reserved.
4.1 Users, who create an account on the Site, agree to the following terms and conditions with regard to their account.
4.2 Users, who create or administer an account on the Site for another person or entity, agree to the following terms and conditions with regard to the account:
4.3 To the extent that You post or otherwise provide BizEzy with content, including photographs, audio, text, graphics or other works of authorship, on or through the Site or Your account, You grant to BizEzy a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to display, perform, and use such content.
4.4 The Users who create a separate account at BizEzy with the sole purpose of operating and maintaining an online store are to enter into a separate "Merchant User Agreement" and the terms specified in the "Merchant User Agreement" applies to such account users. The User is requested to refer to the Merchant User Agreement in this regard.
5.1 BizEzy reserves the following rights:
5.2 You agree that the foregoing are rights of, but not obligations of, BizEzy and that BizEzy may, but is not obligated to exercise any of these rights.
6.1 You may use the Site and the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
6.2 You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with this Agreement and all applicable laws and regulations. BizEzy does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
6.3 You may not use the Site or the Services to:
6.4 You may not do any of the following without BizEzy’s written permission:
1.Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Content or the Site for commercial purposes.
2.Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
3.Access or attempt to access the Site or collect or index information provided to BizEzy using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes. We grant operators of public search engines permission to use spiders and other automated means to collect and copy Content from the Site solely to the extent necessary to create publicly available searchable indices of such Content, excluding caching or archiving such Content. BizEzy reserves the right to revoke this permission at any time either generally or in specific cases.
4.Solicit, trace or otherwise collect any information from Users.
5.Frame or use framing techniques to enclose the Site or any part thereof.
6.Use any metatags or any other "hidden text" using any Trademarks of BizEzy.
7.Reverse engineer, decompile or otherwise extract source code provided on or through the Site or the Services.
6.5 In addition to any remedies that BizEzy may have at law or in equity, if BizEzy reasonably determines that You have violated or are likely to violate the foregoing prohibitions, BizEzy may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. BizEzy may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing BizEzy to disclose the identity of anyone posting such materials.
7.1 BizEzywill have access to Your accounts for administrative reasons.
7.2 BizEzyexpressly states that You must NOT commit any illegal or prohibited acts as specified in Clause on "Prohibited Uses" of this Agreement through Our Site.
7.3 If You are found to be abusing our services for any illegal purposes, BizEzy reserves the right to disconnect Your account and ban You from further use of our services.
8.1 Users should be aware some payments may be processed through PayU Money or other electronic payment vendors. BizEzy may also provide applications and other services to Merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If You have a question as to whether a payment will be accepted, then we encourage You to check the policies of the applicable vendor.
8.2 Your relationship with the electronic payment vendors is separate from Your relationship with BizEzy and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. BizEzy is not responsible for the actions or omissions of any third party payment processor.
10.1 The Site may provide certain areas for Users to communicate with other Users, including through blogs, chat rooms, online communities and the like (the "Forums"). BizEzy does not endorse the content in the Forums and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content or other communication provided through a Forum. BizEzy reserves the right, but is not obligated, to review messages in the Forums and is not responsible for the content of any such messages. BizEzy also reserves the right, but is not obligated, to delete, edit or remove a message, in whole or in part, posted to a Forum for any reason and to exclude any User from using a Forum. Please be aware that when You post to a Forum, You may be disclosing certain information to others. To protect Your safety, please use Your best judgment when using the Forums and carefully consider the information that You disclose in the Forums. BizEzy reserves the right to cooperate with any law enforcement, court, third party or government investigation or order requesting or directing BizEzy to disclose information posted to a Forum, or if BizEzy decides that such disclosure is in its’ or its customers’ best interests.
10.2 We may, from time to time, include contests, promotions, sweepstakes or other activities ("Promotions") that require You to submit material or information concerning Yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions rules.
10.3 Additional terms and conditions may apply to purchases of goods or services on or through the Site, which terms and conditions are made a part of this Agreement by this reference.
11.1 BizEzy respects the intellectual property rights of others and expects Users to do so as well. If You believe that Your copyrighted work has been copied or posted on or through the Site or Services in a way that constitutes copyright infringement, then You may send a written notice to our Designated Agent that contains the following:
1.A description of the copyrighted work that You believe has been infringed;
2.A description of what the allegedly infringing work is;
3.A description of the location where the allegedly infringing work is located on the Site;
4.An address and telephone number where You can be contacted, including an email address if possible;
5.A statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
7.A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
11.2 If You receive a copyright notice from Us that You believe is incorrect, then You may send a counter notice to Our Designated Agent. After receiving a counter notice, We may reinstate the content in question under the Copyright Act. A counter notice must include:
1.A physical or electronic signature of the alleged infringer;
2.A description of the material that was removed or to which access was disabled;
3.A description of the location where the allegedly infringing work was located on the Site before it was removed or access was disabled;
4.A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification;and
5.The alleged infringer’s name, address and telephone number.
11.3 BizEzy also takes trademark rights seriously and will investigate reasonable trademark issues that are brought to its attention. Please keep in mind, however, that trademark rights are territorial and more than one party can own a trademark in different territories. More than one party may also use a trademark on sufficiently different goods or services. If You believe that a trademark that You own has been infringed on or through the Site or the Services, then You may send a notice to our Designated Agent that includes the following:
1.Sufficient information to identify the trademark that was allegedly infringed;
2.Your ownership rights in such trademark, including the territories in which You have rights or registrations;
3.Information as to the goods and services on which You use the trademark and the length of time You have been using the trademark on each of the identified goods and services;
4.A statement of Your basis for why Your trademark rights have been infringed, including a description of the allegedly infringing trademark and the goods and services on which it is used;
5.The location of the allegedly infringing material on the Site;
6.Your contact information, including address, telephone number and email address; and
7.A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the trademark owner or is authorized to act on behalf of the trademark owner.
11.4 You may be liable for damages if You materially misrepresent that Your intellectual property rights have been violated, for instance if the alleged infringement is a fair use of Your copyright or trademark. Therefore, if You are not sure whether or not Your intellectual property rights have been infringed, please contact an attorney before contacting BizEzy.
11.5 BizEzy may provide a copy of Your notice or counter notice to the other parties concerned and may also provide it to third parties, including posting any communications in place of the disabled content.
11.6 BizEzy will not act as an arbiter of disputes, but it reserves the right to remove any material or to disable access of anyone who violates this Agreement.
12.1 YOUR USE OF THE SITE OR SERVICES SHALL NOT VIOLATE ANY OF THE PROVISIONS IN THIS AGREEMENT. BIZEZY MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR SERVICES AND/OR REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AGREEMENT.
12.2 Except as set forth in Clause 11, BizEzy will not intervene or become involved in any disputes between You and a third party, including, but not limited to, end users of Your Store. Consequently, BizEzy reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon receipt of any third party complaint that You have engaged in any activity that violates this Agreement, that may otherwise subject BizEzy to liability for any reason, or that may cause BizEzy to incur legal fees or other expenses.
12.3 Without limiting its other remedies, BizEzy may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate this Agreement and Your access to the Site or the Services and Your account(s) if You fail to comply with any term or condition of this Agreement. BizEzy has no obligation to provide notice to You and end users of Your Store in the event of a suspension or termination. BizEzy may take such actions without providing You prior notice and at its sole discretion. Upon the occurrence of such a violation, You agree to terminate access to the Site and Services. BizEzy may also report Your activities to law enforcement agencies. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
You may link to the Site as long as you (a) link to the full version of an HTML formatted page of the Site; (b) not link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (c) not link from any other website to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke Your right to link to the Site from any other website at any time
To the maximum extent permitted by law, You agree to indemnify and hold harmless BizEzy, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (1) Your use of the Site and Services, (2) Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any User Information, Content and/or any other materials or content, (3) Your violation of this Agreement, (4) Your violation of any law or regulation, or violation of any proprietary or privacy right, (5) Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or (6) any claim that Your User Information or submission of any other information or content by You caused damage to a third party. This indemnification obligation will survive this Agreement and Your use of the Site and Services. BizEzy reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with BizEzy’s defence of such claim.
You may be able to link from the Site to a third party website and a third party website may link to the Site ("Linked Site"). You acknowledge and agree that BizEzy has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by Our affiliates. Links to Linked Site do not constitute an endorsement or sponsorship by Us of such website or the information, content, products, services, advertising, code or other materials presented on or through such website. BizEzy disclaims any liability for links (1) from another website to the Site and (2) to another website from the Site. BizEzy cannot guarantee the standards of any website to which links are provided on the Site and BizEzy will not be held responsible for the contents of such website, or any subsequent links. BizEzy does not represent or warrant that the contents of any third party website are accurate, compliant with state or central law, or compliant with copyright or other intellectual property laws. BizEzy is not responsible for any transmission received from any Linked Site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance.
YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER BIZEZY NOR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR LICENSEES ("RELATED PARTIES") MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. NEITHER BIZEZY NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY CONTENT OR THAT THE SITE, THE SERVICES OR ANY CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL. NEITHER BIZEZY NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE SERVICES OR THE CONTENT WILL BE CORRECTED. NEITHER BIZEZY NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS," "WHERE IS, " "WHERE AVAILABLE" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.
17.1 IN NO EVENT WILL BIZEZY OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT OR SERVICES CONTAINED OR ACCESSED THROUGH SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BIZEZY OR A RELATED PARTY IS AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE CONTENT.
17.2 YOU SPECIFICALLY AGREE THAT BIZEZY WILL NOT BE LIABLE FOR ANY USERS’ CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ASSUME THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.
18.1 This Agreement and the relationship between You and BizEzy shall be governed by Laws of India, without regard to conflict of law principles. You agree that subject to arbitration provided hereunder, any cause of action that may arise under this Agreement or in connection with Your use of the Site will be commenced and be heard only in the appropriate court situated in Chennai, India. You hereby consent to the exclusive personal jurisdiction of and venue in such courts.
18.2 If any dispute arises between You and BizEzy during Your use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Service, the dispute shall be referred to a sole Arbitrator appointed by BizEzy. The Seat and Venue of arbitration shall be Chennai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally.
18.3 Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19.1 By using the Site, the Services or the Content You represent and warrant that:
Any cause of action You may have with respect to Your use of the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
21.1 This Agreement together with all policies and agreements referenced herein constitutes the entire agreement between BizEzy and You with respect to the Site, the Services and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and BizEzy with respect to the Site, the Services and the Content, unless an agreement specifically provides that it is not superseded by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
21.2 You may not assign this Agreement or any part of this Agreement without the express written consent of BizEzy. You agree that BizEzy may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.
21.3 BizEzy has sole and complete authority to modify and amend the Terms of Service without any notice to You in this regard.
The Site and the Services are not intended for use by children. If You are under 18 years of age, You may use the Site or the Services only with the involvement and permission of Your parent or lawful guardian.