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BIZixx: Terms and conditions of use

TERMINOLOGY

In these terms of use, the expressions "we", "us" and "our" are a reference to Ably Soft Pvt Ltd, unless the context dictates otherwise. The expression "BIZixx" refers to our system available at www.bizixx.com or any other sub-domain/domain as per the subscription plan opted by you, as well as the online project management software, database storage, document storage and hosting platform we have provided you with, on a free trial or subscription basis.The expression “You” or “Subscriber” signifies you the reader of these terms and conditions and all subscribers of BIZixx system.The expression “BIZixx Login User” refers to the BIZixx user logins created by any of the BIZixx Subscriber.

APPLICABILITY

These terms and conditions of use govern your use of BIZixx system.By accessing and/or using BIZixx system, you confirm that you have read, understood and agree to be bound by these terms and conditions of use.These terms and conditions of use contain legally binding obligations and create a legal relationship between you and us.If you do not wish to be bound by these terms and conditions of use, you should not access and/or use BIZixx system.If you are signing up on BIZixx.com on behalf of some other natural or legal entity – we believe you have the required authority to do so, if you are not authorized to do so – you shall not use BIZixx system.

ELECTRONIC COMMUNICATIONS

All electronic communications/documents shall be equally good for legal requirements as any other document in writing. When you visit BIZixx.com or send e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that are provided to you by us - electronically satisfy any/all legal requirement that such communications be in writing.

COPYRIGHT

All content included on BIZixx, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ably Soft Pvt Ltd and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Ably Soft Pvt Ltd and protected by international copyright laws. All software used on this site is the property of Ably Soft Pvt Ltd and protected by international copyright laws.Open source code used on BIZixx.com is the property of their respective owners.

USER ACCOUNTS

If a particular BIZixx web site, or any product or service offered on or by BIZixx web site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.If you use this site (BIZixx.com) or any of the BIZixx’s Hosted or Enterprise Solutions, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ably Soft Pvt Ltd reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts in their sole discretion or if required by law.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BIZixx System, you will not use the BIZixx System for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BIZixx System in any manner that could damage, disable, overburden, or impair any Ably Soft Pvt Ltd Site/Service(s) (or the network(s) connected to any Ably Soft Pvt Ltd. Ably Soft Pvt Ltd Site/Service(s)) or interfere with any other party's use of any Site/Service(s). You may not attempt to gain unauthorized access to any Ably Soft Pvt Ltd Site/Service, other accounts, computer systems or networks connected to any Ably Soft Pvt Ltd Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Ably Soft Pvt Ltd Sites/Services.

LICENCE TO USE THE BIZixx SYSTEM

  • Subscribers are granted access to use BIZixx system depending upon the subscription plan opted by them. We hereby grant to you a limited, personal, non-transferable, non-sublicensable, revocable and non-exclusive licence for the duration of these terms to:
    • access and use the BIZixx system
    • download, temporarily store, view, print and/or use copies of the materials contained on or made available through your use of the BIZixx system for the sole purpose of carrying out your obligations to your clients or your BIZixx Subscriber’s clients in each case in accordance with and subject to these Terms at all times.
  • Where you are a BIZixx Subscriber, you shall exercise all reasonable steps to make sure that the BIZixx Login User(s) created by you do not make any unauthorized use of this BIZixx system.
  • Where you are a BIZixx Subscriber, you shall exercise all reasonable steps to make sure that the BIZixx Login User(s) created by you do not make any unauthorized use of this BIZixx system.

OUR RESPONSIBILITIES

  • Subject to your compliance with these terms, we shall use our reasonable endeavours to provide to you (where you are subscriber):
    • the BIZixx System; and
    • the BIZixx System Support via Ticket System only.
  • We shall perform our obligations under these terms with reasonable skill and care.
  • Insofar as any of our obligations under these terms are to be performed by a certain date and/or time, time is not of the essence of any such obligations.
  • We reserve the right to retain copies of all information, transactions or instructions produced as a result of your utilisation of the BIZixx System. These may be stored by us

    electronically or in paper format or by any other means but will not be passed on to anyone without a legal entitlement to view such information.

LIMITS AND EXCLUSION OF OUR LIABILITY TO YOU

  • Except as expressly  set out in these terms, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the BIZixx system or otherwise in connection with these terms are excluded to the extent permitted by law.
  • Subject to the provisions in clause 5 below, We are not liable to the BIZixx Subscriber and/or the BIZixx Login User in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non supply or delay in supplying the BIZixx system or otherwise in connection with these terms:
    • loss or damage incurred by the BIZixx Subscriber and/or the BIZixx Login User as a result of third party claims;
    • loss of actual or anticipated profits;
    • loss of business opportunity;
    • loss of anticipated savings;
    • loss of goodwill;
    • loss of or damage to data;loss of or damage to any information technology systems (including hardware, software and telecommunications links);
    • injury to reputation; or
    • any indirect, special or consequential loss or damage howsoever caused even if we were advised of such losses or damage in advance.
  • Subject to clauses 2 and 5 of this section, our entire liability arising out of or in connection with the supply, non supply or delay in supplying the BIZixx system, or otherwise in connection with these terms whether in contract, tort (including negligence or breach of statutory duty) or otherwise, is limited in aggregate to:
    • USD 100 (One Hundred USD) in respect of our liability to the BIZixx Login User; and
    • USD 500(Five Hundred USD) in respect of our liability to the BIZixx Subscriber.
  • Subject to clauses 2 and 5 of this section but not with standing clause 3 of this section, entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise for loss or damage to tangible property resulting from our negligence in connection with these terms is limited in aggregate to:
    • USD 100 (One Hundred USD) in respect of our liability to the BIZixx Login User; and
    • USD 500(Five Hundred USD) in respect of our liability to the BIZixx Subscriber.
  • Nothing in these terms shall operate to exclude or restrict our liability for:
    • death or personal injury resulting from our negligence;
    • our breach of the obligations arising from Indian Contract Act;
    • our fraud or deceit;
    • or any other liability which cannot be excluded or limited by law.
  • Subject to clause 5 of this section, We shall have no liability to the BIZixx Subscriber BIZixx Login User under these terms for breach or negligence unless such claim is brought within one year of the date on which the relevant breach or negligent act/omission occurred.
  • Where we provide additional services to you separate terms and conditions may apply to the provision of such services including in respect of our liability to you and the manner in which such liability is limited and/or excluded.
  • Where you are a BIZixx Subscriber, you shall procure that each BIZixx Login User (connected with your BIZixx subscription) shall comply with the relevant provisions of these terms at all times. Any failure by any BIZixx Login User to comply with these terms shall deemed to be a failure by you. Any act and/or omission by an BIZixx Login Useryou of your responsibility and liability for such act and/or omission of your BIZixx Login User.

FORCE MAJEURE

We shall not be liable for any breach of our obligations due to any Force Majeure

SUBSCRIPTION-BASED SERVICES

Some contents and/or services on BIZixxs' Web Site/Services may be offered to you conditioned on your purchases of monthly subscription. If you elect to purchase subscription-based content/services and transmit to Ably Soft Pvt Ltd a subscription purchase request,you warrant that all information that you submit is true and accurate(including without limitation your credit card number and expiration date),and you agree to pay all subscription fees you incur plus all applicable taxes.You may cancel your subscription to any fee-based content and/or services by contacting Ably Soft Pvt Ltd Team If you have purchased an automatically renewing subscription,you will not be charged the monthly subscription fee thereafter(but there are no refunds of subscription fee previously paid).No cancellation of access to free content and/or services or to non-renewing subscription is required.Your subscription is personal to you,and you may not transfer or make available your account name and password to others,including without limitation your co-workers.Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

AMEDEMENTS

We reserve the right exercisable at any time to change:

  • these Terms; and/or
  • the content, quality, availability and/or components of the Portal.

In each case the changes shall be posted on the BIZixx.com, and We shall use our reasonable endeavours to notify you of such changes by e-mail (where you are a BIZixx subscriber) your responsibility to ensure that you are aware of the terms which are in force at all times and that you comply with such terms. Where you continue to use the BIZixx system after any amendments have been notified to you, you shall be deemed to have accepted such amendments.

SHARING OF PERSONAL INFORMATION

BIZixx will not share/sell/disclose user's personal information under any circumstances to any third party individuals/institutions/companies,except when required to do so by law. The privacy policy also applies to all information such as projects and tasks data(including uploaded files)provided when using BIZixx hosted and Enterprise Solutions.

CONFIDENTIALITY

The Member accepts that this Agreement, the Application Form and the Service Schedule are completely confidential and that no copies are to be given to any third party nor will the contents of this Agreement, the Application Form or the Service Schedule be discussed or transmitted to any other person firm or company PROVIDED ALWAYS that the before mentioned restriction shall not prevent the Member from supplying copies of this Agreement or discussing the terms thereof with their professional advisers for the purposes of obtaining professional advice. This clause shall survive termination of this Agreement and/or the Service Schedule.

BREACH

The provisions of these Terms of Use are necessary for the protection of the business and goodwill of the parties and are considered by the Parties to be reasonable for such purpose. You agree that any breach of these Terms of Use may cause Us substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, We shall have the right to seek specific performance and other injunctive and equitable relief. In the event that You use BIZixx for commercial purposes in breach of these Terms of Use You agree that We shall be entitled to any proceeds You have obtained from such activity, without prejudice to other rights or remedies We may have against You.

SUSPENSION AND CANCELLATION OF THE SERVICE

We shall be entitled to immediately cancel, suspend or withdraw Your access
to the BIZixx and/or Your use of PMS Online Account without notice if:

  • You are in breach these Terms (or We reasonably believe that You are in breach of these Terms);
  • the PMS Member is in breach of the PMS Terms and Conditions, if applicable; and/or
  • We have reasonable grounds to do so.
  • We reserve the right to cancel, suspend or withdraw all or any parts of the BIZixx at any time for any reason and without any obligation to You without serving prior notice on You.
  •  Where any events which may restrict or prevent access to the BIZixx are scheduled, We shall use our reasonable endeavours to notify You in advance by e-mail or posting such information on the BIZixx System.
  • Forth with upon termination of these Terms of Use, You shall cease all use of the Website and Services and all Content, and destroy all Content relating to the Services or the Website provided by Us to You by erasing it from the magnetic media on which they are stored and certify in writing to Us that it has been destroyed.

DISCLAIMER

  • To the extent permitted by law, the material and content of the BIZixx system is provided "as is", without any warranties of any kind (whether express or implied by law) including (but not limited to) warranties of satisfactory quality, fitness for a particular purpose, non-infringement of intellectual property rights, compatibility and security.
  • We do not warrant or otherwise guarantee that the BIZixx system or its content or any material contained on it (including any third party material) will be accurate, complete or free from errors, bugs, viruses or other harmful code (nor that Your use of the BIZixx system will not result in any harmful code being introduced to or otherwise affecting Your information technology system).
  • We make no commitment to update or keep up to date the material or content of the BIZixx system or to remedy any defects.
  • We do not warrant that functions and/or access to the BIZixx system will be uninterrupted.
  • We may vary any subscriber or authorized user or user access rights at any time and We reserve the right to suspend and/or bar You from using the Portal at any time without notice.
  • We do not warrant the integrity of any data which You provide to Us or which We may possess from time to time in connection with the BIZixx system. Under no circumstances shall We be liable for loss of or damage to data or information which You provide to Us where such data or information is outside Our control (including where we have passed such data or information to a third party),
  • Where You access another website via a link from BIZixx system, You will be subject to the terms and conditions specific to that website and You are solely responsible for ensuring that You are aware of those terms and conditions and comply with them. We accept no responsibility or liability for the contents of any of these websites as they are outside our control.
  • We provide no warranty to You in respect of any Third Party Services or in respect of any information, material and/or content which has been placed on or is otherwise made available via the BIZixx system where it is provided by a third party including in respect of the accuracy, integrity or completeness of such information

GENERAL

  • Nothing in these Terms shall create, or be deemed to create, a partnership or employee/employer relationship between the parties.
  • If any clause in these Terms shall become or be deemed by a court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall not impair or affect any other clauses which shall remain in full force and effect.
  • Where you are a subscriber, you shall have no right to exercise any right of set-off, deduction and/or abatement in respect of any sums which you owe to us in connection with these Terms. We shall be entitled to deduct any fee which you owe to us in connection with these terms from any monies which we would otherwise owe to you either under these terms or any other agreement between subscriber or user and you.
  • A person who is not party to these Terms shall have no rights under the Indian Contract Act or any other Law in place to govern the contracts/agreements - to enforce any of these terms (save in relation to the right of any BIZixx Login User to bring an action against You). This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
  • The rights and remedies provided by these Terms may be waived only in writing and specifically, and any failure to exercise or any delay in exercising a right or remedy by Us shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of any of the terms of these Terms or of a default under these Terms shall not constitute a waiver of any other breach or default and shall not affect the other terms contained in these Terms
  • The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) are not exclusive of any rights or remedies provided at law or in equity.
  • These Terms constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes, cancels and nullifies any previous agreement between the parties relating to such matters not with standing the terms of any previous agreement or arrangement expressed to survive termination.
  • Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract under the terms of these Terms.
  • Nothing in clauses 7 or 8 above shall operate to exclude any liability for fraud.
  • Any notice given by one party to the other under these Terms must be in writing and may be delivered personally or by registered post or via a reputed courier company and in the case of post will be deemed to have been given five days after the date of posting. Notices shall be delivered or sent to the registered office address of each party (and in the case of notices sent by Us to You:
    • where you are a subscriber to the address which we hold for you; 
    • where you are BIZixx Login User, to the e-mail address which we hold for you with a copy to the BIZixx Subscriber who created your login; and
  • You shall not assign or deal in any way with all or any part of the benefit of, or its rights or benefits under, these Terms without Our prior written consent
  • These terms and the relationship between you and us as detailed in these Terms shall be governed by and construed in accordance with Indian Law and each party irrevocably submits to the exclusive jurisdiction of the Indian courts (provided always that We shall be entitled to seek interim relief in any court worldwide accepting jurisdiction in relation to the protection of Our Intellectual Property Rights).

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