Biizlo is a trademark of Saaibizz Ventures Private Limited, incorporated under The Companies Act 1956, which primarily operates, controls and manages the Services (as defined below) provided by it from its current corporate office at Unit 202, United Business Park, Ambika Nagar # 3, Road # 11, Near Old Passport Office, Thane (W), MMR, Thane 400604, Maharashtra, India. The domain name www.biizlo.com is also owned by the Company.
The Biizlo mobile application (mobile app) constituting the main Biizlo App (used by residents) and the Biizlo Security App (operated by security attendant at the main gates) are referred to as the “Mobile Application.” References to “you” or “your” in this User Policy refer to the users of this Mobile Application whether or not you access the services available on the Mobile Application or consummate a transaction on the Mobile Application. References to “we”, “our” or “us” shall mean Saaibizz Ventures Private Limited and its affiliates.
Acceptance of Terms
Biizlo is constantly and quickly evolving in order to provide the best possible experience and information for its users. You acknowledge and agree that the form and nature of the Services which Biizlo provides may change from time to time without prior notice to you.
(i) The Biizlo App and Biizlo Shield App, including the communication and all content and Biizlo services available through Biizlo (collectively referred to herein as the “App”);
(ii) The usage of the integrated Third-Party payment gateway, defined and licensed under the Payment and Settlement Systems Act, 2007, which can be availed by residents in the housing associations, thereby acting as an online mode of payment for features;
We are not (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007 (ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.
You agree to be bound by all terms and conditions of this User Policy and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not affirm your acceptance thereof, in which case you are prohibited from accessing or using the App. It is strongly recommended that you read and understand these ‘User Policy’ carefully, as by accessing this App as a resident (hereinafter from the “Society”, “Condominium” or “Gated Community”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree to any of the provisions set forth in the User Policy, kindly discontinue viewing or participating in this App immediately.
YOU SPECIFICALLY AGREE THAT BY USING THE APP, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER INDIAN LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mobile Application.
All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the App in any manner. If you use the App, you represent and warrant that you have the authority to bind that business and your acceptance of the User Policy will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
Biizlo reserves the right, in its sole discretion, to change, modify, or otherwise amend the User Policy, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Biizlo will post the amended User Policy at the domain of biizlo.com/user-policy/. It is your responsibility to review the User Policy for any changes and you are encouraged to check the User Policy frequently. Your use of the App following any amendment of the User Policy will signify your assent to and acceptance of any revised User Policy. If you do not agree to abide by these or any future User Policy, please do not use or access the Biizlo App.
Membership and Accessibility
LICENCE TO ACCESS
Biizlo hereby grants you a non-exclusive, revocable licence to use the App as set forth in the User Policy; provided, however, that (i) you will not copy, distribute, or make derivative works of the App in any medium without Biizlo’s prior written consent; (ii) you will not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the User Policy and in accordance with all applicable Indian laws.
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the App is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable Indian law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful, accurate and up-to-date, (b) you will maintain the accuracy of such information, and (c) your use of the App and Services offered through this App do not violate any applicable Indian laws or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable Indian laws, rules or regulations.
- You need not register with Biizlo to simply visit and view the App, but to access and participate in certain features of the App, you will need to create an OTP-protected account (“Account”). To create an account, you must submit your mobile # through the account registration page on the App and generate an OTP. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Biizlo in providing you with a more customized experience when using the App.
- You are solely responsible for safeguarding your Biizlo access (via OTP) at all times and shall keep your OTPs secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Biizlo immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Biizlo’s permission.
- You agree that you will not misrepresent yourself or represent yourself as another user of the App and/or the Services offered through the App.
- You hereby expressly acknowledge and agree that you yourself and not Biizlo will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Biizlo or others due to such unauthorized use.
- You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the App in any medium without Biizlo’s prior written authorization.
- You will not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the App for any purpose without Biizlo’s prior written approval.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate App information or content, including but not limited to, use on a “mirrored”, competitive, or Third-Party site.
- You shall not in any way that transmits more request messages to the Biizlo servers, or any server of a Biizlo subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Biizlo reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Biizlo without express written permission from Biizlo.
- You shall not take any action that (i) unreasonably encumbers or, in Biizlo’s sole discretion, may unreasonably encumber the App’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the App or any Third-Party participation in the App; or (iii) bypasses Biizlo’s measures that are used to prevent or restrict access to the App.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the App, nor to use the communication systems provided by the App for any commercial solicitation purposes.
Your access to, use of, and participation in the App is subject to the User Policy and all applicable Biizlo regulations, guidelines and additional policies that Biizlo may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Biizlo publishes on the App (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Biizlo, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
PROHIBITIONS WITH RESPECT TO SERVICES
While using the App, you shall not:
- post content or items in any inappropriate category or areas on the App;
- violate any Indian laws, Third-Party rights, Account Policies, or any provision of the User Policy, such as the prohibitions described above;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Biizlo; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any App user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the App or using it for purposes unrelated to the App);
As a participant in the App, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Biizlo, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account
Reporting Inappropriate Use of Feedback. You may contact Biizlo regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the App concerning Feedback, Biizlo shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE APP CONCERNING FEEDBACK, BIIZLO HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Biizlo reserves the right to (a) terminate your access to your Account, your ability to post to this App (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Biizlo determines is inappropriate or disruptive to this App or to any other user of this App and/or Services. Biizlo reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Biizlo deems appropriate in Biizlo’s sole discretion. Biizlo may report to Indian law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Biizlo’s discretion, Biizlo will cooperate with Indian law enforcement agencies in any investigation of alleged illegal activity on this App or on the Internet. Biizlo does not and cannot review every Posting posted to the App. These prohibitions do not require Biizlo to monitor, police or remove any Postings or other information submitted by you or any other user.
CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, WHATSAPP, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the App shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS, WhatsApp or email notifications or messages in any other electronic form
Rules for Service Users
SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Biizlo in connection with the use or purchase of any Service.
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Biizlo, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
Use of Submitted Content
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the App is provided on a non-proprietary and non-confidential basis. You agree that Biizlo shall be free to use or disseminate such freely-searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
Biizlo may also disclose user information including personal information if Biizlo reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Biizlo’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
BIIZLO’S DISCLAIMERS AND RIGHT TO REMOVE
Biizlo does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Biizlo expressly disclaims any and all liability in connection with all Submitted Content. Biizlo does not permit copyright infringing activities and infringement of intellectual property rights on the App, and Biizlo will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Biizlo reserves the right to remove any Data or Submitted Content without prior notice. Biizlo will also terminate a user’s access to the App, if he or she is determined to be a repeat infringer. A repeat infringer is an App user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the App more than twice. Biizlo also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with this User Policy for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Biizlo may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of this User Policy at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the App, you will be exposed to Submitted Content from a variety of sources, and that Biizlo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Biizlo with respect thereto, and agree to indemnify and hold Biizlo, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by Indian law regarding all matters related to your use of the App.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the App, or transmit to other App users. You understand and agree that Biizlo may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of App users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Biizlo, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the App, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Biizlo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Biizlo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
MODIFICATION OR CESSATION OF APP
Biizlo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice and in its sole discretion. You agree that Biizlo shall not be liable to you or to any third party for any modification, suspension or discontinuance of Biizlo services. As and when notified on your phone or tab or tablet, you must continue to keep your app up-to-date with the updates from the Play Store or App Store for the App to work properly.
TERMINATION BY BIIZLO
You hereby acknowledge and agree that Biizlo, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the App or otherwise terminate your access to or participation in the use of the App (or any part thereof), or remove and discard any Submitted Content on the App (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Biizlo believes or has reason to believe that you have violated any provision of the User Policy.
TERMINATION BY YOU
You may cancel your use of the App and/or terminate the User Policy with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.”
EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the App, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the App, your adherence to the User Policy, the continuous activation of your Account, and your permitted participation in the App. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Biizlo cloud system.
Unless Biizlo has previously cancelled or terminated your use of the App (in which case subsequent notice by Biizlo shall not be required), if you provided a valid email address during registration, Biizlo will notify you via email of any such termination or cancellation, which shall be effective immediately upon Biizlo’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Biizlo Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Biizlo shall not be liable to you or any third party for any termination of your access to the App. Upon Termination of Service, Biizlo retains the right to use any data collected from your use of the App for internal analysis and archival purposes, and all related licenses you have granted Biizlo hereunder shall remain in effect for the foregoing purpose. In no event is Biizlo obligated to return any Submitted Content to you.
You agree to indemnify and hold Biizlo, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any Third-Party due to or arising out of the Termination of Service.
Intellectual Property Rights
BIIZLO OWNS OR HOLDS THE LICENCES TO ALL DATA AND MARKS ON THE APP
The content on the App (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Biizlo. Other trademarks, names and logos on this App are the property of their respective owners.
Data on the App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Biizlo reserves all rights not expressly granted in and to the App and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the App for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the App or features that prevent or restrict use or copying of any Data or enforce limitations on use of the App or the Data therein.
BIIZLO’S LICENCE TO YOU FOR THE USE OF DATA AND MARKS
The App contains Biizlo’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other Indian laws, and Biizlo owns and retains all rights in the Biizlo Data and Marks. Subject to this User Policy, Biizlo hereby grants you a limited, revocable, non-transferable, non-sublicensable licence to reproduce and display the Biizlo Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the App.
The App may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell unless you have been specifically permitted to do so in a separate agreement with Biizlo.
FEES INCURRED BY SERVICE USERS
Biizlo reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Biizlo has provided you with thirty (30) days’ notice by posting the changes on the App.
If applicable, you agree to pay all fees or charges to your Account based on Biizlo’s fees, charges, and billing terms then in effect. If you do not pay on time or if Biizlo cannot charge your credit card, any payment gateway or other payment method for any reason, Biizlo reserves the right to either suspend or terminate your access to the App and Account and terminate this User Policy. You are expressly agreeing that Biizlo is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this App and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Biizlo may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Biizlo reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
All commissions payable to Biizlo by customers are on consummated transactions, i.e., exchange of services for consideration, are final and non-refundable.
Negotiation of Terms of Service; Disputes Between Registered Users
BIIZLO IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Biizlo is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the App. Each Registered User acknowledges, agrees and understands that Biizlo only seeks to provide a Mobile Application wherein the Service User and Service Professional can be brought together and Biizlo itself has not role in the execution or provision of Services.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of the User Policy or your use of any part of the App, including without limitation, the Agreement for Service. You do not have any authority whatsoever to bind Biizlo in any respect. All Service Professionals are independent contractors. Neither Biizlo nor any users of the App may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between App participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the App, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.
You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Biizlo does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the App and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Biizlo may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised App, LinkedIn, Instagram, etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so-called background check undertaken by Biizlo is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Biizlo only seeks to provide a Mobile Application wherein Service Users and Service Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE BIIZLO only seeks to provide a Mobile Application wherein the Service User and Service Professional can be brought together and Biizlo itself has not role in the execution or provision of Services ITSELF, BIIZLO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS A RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE APP, OR BETWEEN REGISTERED USERS OR ANY APP USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT BIIZLO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE APP USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE BIIZLO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE APP OR ANY SERVICE PROVIDED THEREUNDER.
If a dispute arises between you and Biizlo, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Biizlo hereby agree that we will resolve any claim or controversy that arises out of the User Policy or the App in accordance with this Section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at email@example.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The User Agreement shall be governed by and construed in accordance with Indian laws, without giving effect to the principles of conflict of Indian laws thereunder. Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Mumbai and the language of the arbitration shall be English.
Aspects of the App and other Biizlo services may be supported by advertising revenue. As such, Biizlo may display advertisements and promotions on the service. The manner, mode and extent of advertising by Biizlo on the App are subject to change and the appearance of advertisements on the App does not necessarily imply endorsement by Biizlo of any advertised products or services. You agree that Biizlo shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the App.
Third-Party Links, Contact Forms and Phone Numbers
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY INDIAN LAW, AND BIIZLO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS APP, THE SERVICES OFFERED ON OR THROUGH THIS APP, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, THIS APP, THE SERVICES OFFERED ON OR THROUGH THIS APP, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BIIZLO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE APP OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE APP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. BIIZLO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. BIIZLO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT SHALL BIIZLO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE APP OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE APP, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE APP, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE APP IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APP OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APP OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE APP; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIIZLO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY INDIAN LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BIIZLO, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE APP, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BIIZLO BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BIIZLO SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BIIZLO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN APP USERS ENTERED INTO INDEPENDENTLY OF THE APP.
Neither Biizlo nor you shall be liable to the other for any delay or failure in performance under the User Policy, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, mobile services outage, mobile service data outages, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE APP USERS, YOU FOREVER RELEASE BIIZLO (AND ITS OFFICERS, ATTENDANTS, ASSISTANTS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP AND/OR ANY SUBMITTED CONTENT.
THE USER POLICY, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY BIIZLO WITHOUT RESTRICTION.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the User Policy, there shall be no Third-Party beneficiaries to the User Policy.
ENTIRE USER POLICY
No waiver of any provision of this this User Policy shall be deemed a further or continuing waiver of such term or any other term, and Biizlo’s failure to assert any right or provision under this User Policy shall not constitute a waiver of such right or provision.
STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the App must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section headings in the User Policy are for convenience only and have no legal or contractual effect.
Changes to User Policy
If you have questions about our User Policy, please reach us at firstname.lastname@example.org or contact us in our corporate office at 202 United Business Park, Ambika Nagar, Road # 11, Thane (W), MMR, MH 400604, India.
© 2018 Saaibizz Ventures. All Rights Reserved.