These Terms of Use (these “Terms”) govern the web pages of the www.biznox .com (“Website”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.
The domain name www.biznox .com is owned by biznox , a proprietorship concern with its registered office at E 103 Dwarkesh, L. T. Road, Borivali West, Mumbai 400092, India (hereinafter referred to as “biznox ”).
By using this Website, you (the “User”) are agreeing to these terms and these terms of use shall be deemed as End User Service Agreement between you and biznox for using the Website and/or availing the Services or purchasing the Products / Services that are being offered through this Website by biznox and/or its affiliates/group companies. If you do not agree to these terms, then you are not allowed to use this Website and should immediately terminate such usage.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT. The Services/Products provided by biznox are provided to the User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by biznox , all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between a User and biznox and supersedes any prior agreements pertaining to the subject matter contained herein.
2. REGARDING SERVICES/PRODUCTS. biznox provides free as well as paid Services/Products and for the Services/Products it charges, the fee of related thereto shall be subject to revisions at higher side in future. biznox reserves the right to modify or discontinue, temporarily or permanently, the Services/Products with or without notice to the User. The User agrees that biznox shall not be liable to the User or any third party for any modification or discontinuance of the Services/Products. Any and all payment made towards the paid Services and/or Products shall be non-refundable in any and all circumstances whatsoever.
3. USER’S REGISTRATION OBLIGATIONS. The User must be at least eighteen (18) years old to register for the Services/Products. In consideration of use of the Services/Products, the User agrees to: (a) provide true, accurate, current, and complete information about the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete (c) to ensure that whatever posts he hosts on the website or the expression of interests or due diligence or any communication with the parties or entities who have posted their contents on the website are accurate, with the intent as prescribed, and in line with Information Technology Act (s) as amended time to time. (d) That all communication be adhered to with utmost compliance with the right to privacy and confidentiality as stipulated and governed by the "Privacy Policy" of biznox as well as in compliance with the Information Technology Act(s) as amended time to time . If any information provided by the User (“Registration Data”, any Posts placed OR responses to the POSTs on biznox or its affiliated websites or partners or representatives ) is untrue, inaccurate, not current, or incomplete, biznox has the right to terminate User’s account (without refund in case of paid Services/Products) , refuse any and all current and/or future use of the Services/Product AND to subject the individual or entity to the relevant governing bodied operated under the Information Technology Act (s) or any other suitable act as may deem fit by the investigation agencies of biznox as well as the government investigation bodies.
4. USER DATA. The User acknowledges that Registration Data is to be stored with biznox . This Agreement includes the terms and conditions of the Privacy Policy, details of which are available on the website, and which is hereby incorporated by reference. The User acknowledges that biznox is not a “network service provider” under Section 79 of the Information Technology Act, 2000 and that the content posted to public community areas is publicly available and that biznox does not take any responsibility for such content. However, biznox reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation. The User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by the User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements. The User acknowledges and agrees that biznox does not endorse the content of any User communications and is not responsible or liable for any unlawful, malicious, fraudulent, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
5. COMMUNNICATION TO USERS. biznox may communicate its registered users/ members via promotional and transactional Emails, SMS’s and calls to deliver information about its services/products, renewal, promo offers of it’s partners and alliances. By accepting this agreement, the user extends express concurrence and acceptance for communication in the form of Email, SMS, Phone calls or haring of information from and by biznox and its affiliate agencies , other users of biznox , or third party entities who operate in the related domains of business advisory or consulting for any type of business services. 6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY The User may be asked to choose the first part of his/her user name, which will be followed by the “@” symbol and biznox ’s domain name (Example: YourNameHere@Example.com). The User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in biznox ’s sole discretion. biznox shall own the User’s complete user name. The User will receive a designated password and account upon completing the registration process for the Services/Product. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the User’s account. The User agrees to immediately notify biznox of any unauthorized use of the User’s password or account or of any other breach of security.
7. USER CONDUCT & OBLIGATIONS.
1. The User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services/Products, and agrees not to interfere with the use and enjoyment of the Services/Products by other users. The User agrees to be solely responsible for the contents of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services/Products.
2. The User further agrees that the user shall be liable for all of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services/Products. The User further undertakes that he/she/it shall comply with all the provisions of the Information Technology Act, 2000 and also all rules, regulations and notifications made thereunder.
3. The User agrees: (i) not to use the Services/Products for illegal purposes; (ii) not to interfere with or disrupt the Services/Products or servers or networks connected to the Services/Products; (iii) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services/Products; (iv) not to resell the Services/Products or use of or access to the Services/Products; and (v) to comply with all applicable laws regarding the transmission of technical data exported from India.
4. The User agrees not to upload, post, email, or otherwise transmit through the Services/Products: (i) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (ii) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (iii) any material that violates any applicable local, state, national, or international law or regulation; or (iv) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation.
5. The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. The User acknowledges and agrees that biznox may ban the User from future use of the Services if the User does not comply with standards of conduct of biznox . Furthermore, the User acknowledges and agrees that biznox may recover damages from User if User violates these terms or any provisions of the Information Technology Act, 2000. Further, the User can be reported for his illegal conduct to the law enforcement agencies for appropriate action under the Information Technology Act, 2000, India Penal Code and such other laws as may be applicable. If in case the User comes to know of any of the above acts being done by another User or any of the provisions of this Agreement being violated by another user, then the User shall be under an obligation to inform biznox of such acts or violations so that appropriate action in this regard can be taken by biznox .
6. IF the User has availed any of the Services/Products, it shall ensure: (i) to share any/ all information with biznox including but not limited to documents/information in relation to the business or business requirements of User, its current status, marketing plans, all financial documents (as applicable), and any other information critical to the User or his/her/its business for facilitating the purpose of the Services/Products; (ii) not circumvent the role of biznox at any point in time by directly dealing with the prospective buyer/seller (as the case may be; (iii) that all dealings and negotiations qua the prospective buyer/seller (as the case may be in relation to the Services availed or Products purchased by the User) including third party offers directly made to the User are routed through the biznox .
8. INDEMNITY. The User agrees to indemnify and hold biznox and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Services/Product, User’s connection to the Services/Product, User’s violation of this Agreement, or User’s violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS. biznox assumes no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. biznox may establish in its sole discretion an upper limit on the extent of message storage it will maintain for the User.
10. TERMINATION.
1. The User agrees that biznox , may terminate the User’s password, account, or use of the Services/Products if biznox , believes: (i) that the User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that the User has violated the rights of biznox , or their third party service providers or other Users or parties.
2. The User further agrees that biznox may terminate the User’s password, account, or use of the Services/Products if the User (i) fails to provide requisite support to biznox ; or (ii) If the User fails to pay the consideration to biznox against the accrued payments or towards the payments already due; or (iii) If the User misrepresents and provides incorrect information to biznox ; or (iv) If any of the representations and warranties given by the User under this Agreement or Website is found to be untrue or misleading; or (v) If the User is in breach of its obligations under this Agreement and such breach remains uncured during the notice period, requiring it to remedy the same. The User also acknowledges and agrees that termination of any of the Services/Products may be effected without prior notice.
11. LINKS. The Services/Products may provide, or users may include in email or community postings, links to other websites or resources. However, the User agrees not to include in email or community postings (or elsewhere via the Services/Products) any “deep link” which leads to a web page, other than the home page, of another party’s web site unless such a link is authorized by the owner of that web site. The User acknowledges and agrees that biznox is not responsible for the availability of such external sites or resources, or for the User’s use of deep links, and that biznox does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
12. PROPRIETARY RIGHTS of biznox . The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by biznox , or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
13. DISCLAIMER OF WARRANTIES :
1. The user expressly agrees that use of the services is at the user’s sole risk. The services are provided on an “as is” and “as available” basis.
2. biznox expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. biznox also disclaims any guarantee of success of the transaction contemplated under/vide the services/products offered by biznox .
3. biznox makes no warranty that the services/products will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does biznox make any warranty as to the results that may be obtained from the use of the services/products, or as to the accuracy or reliability of any information obtained through the services/products.
4. The user understands and agrees that any information, content, data, or other material downloaded or otherwise obtained through or from the services is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user’s computer system or any loss of data that results from the download of such material or data.
5. biznox makes no warranty regarding any services or products purchased or obtained through or from the services or any transactions entered into through the services.
6. No advice or information, whether oral or written, obtained by the user from biznox or through or from the services, shall create any warranty not expressly stated herein.
7. The user acknowledges that biznox is providing services/products that are advisory in nature. Thus, the user shall conduct its own due diligence or evaluation qua the prospective buyer/seller before materializing the transaction contemplated against the respective services/products and not relying upon the representation given by biznox .
8. The user agrees to abide by the all revised "Terms of Use" & " Privacy Policy" or "Disclaimers" as may get amended or revised time to time by biznox .
14. LIMITATION OF LIABILITY :
1. The user agrees that biznox , and their third party service providers shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the services/products, or for cost of procurement of substitute services/products, or resulting from any services/products purchased or obtained, or from messages received or transactions entered into through or from the services/products, or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if biznox has been advised of the possibility of such damages.
2. The user further agrees that biznox , and their third party service providers shall not be liable for any damages arising from interruption, suspension, or termination of services/products, including, but not limited to, direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
3. The user acknowledges and agrees that in no event shall biznox be liable for any damages, whether in contract or tort, including, but not limited to, direct, indirect, incidental, or consequential damages, or lost profits or cost of procurement of substitute goods or services, arising out of compliance or reasonable attempts to: (i) comply with the indian copyright act.
4. In no event shall biznox be liable for any and all matters relating to this agreement for any aggregate amount in excess of rs.100/-.
15. AMENDMENT : biznox may modify this Agreement at any time, and such modifications shall be effective immediately upon posting and continued access or use of the Services/Products shall be deemed to be the User’s conclusive acceptance of the modified Agreement.
16. GENERAL. This Agreement and the relationship between User and biznox shall be governed by the laws of INDIA without regard to its conflict of law provisions. User and biznox , agree to submit to the personal and exclusive jurisdiction of the courts located within MUMBAI. The failure of biznox , and their third party service providers 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 endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services/Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.