Terms of Service

Introduction

EBizBuddy Infotech Private Limited (“eBizBuddy,” “our,” “we,” or “us”) provides web and mobile apps under the registered trademark eBizPal (“eBizPal”) to facilitate business networking, messaging, and other services to business professionals around the world. Please read our Terms so you understand about using our services. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).


About our services

Age

The Services are not for use by anyone under the age of 18. To use the Services, you agree that: (1) you must be 18 years old (the “Minimum Age”) or older; (2) you will only have one eBizPal account, which must be in your real name; and (3) you are not already restricted by eBizBuddy from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms, you are not allowed to use our Services.

Registration

You must register for our Services using accurate data, provide your current business mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. The registered users (“Member,” or “Members”) of the Services may have different rights to access the certain parts, features, or aspects of the Services than the users who are non-registered users (“Nonmember,” or “Nonmembers”) of the Services.

Business Profile

You must use your real name on your business profile, provide accurate information to us and keep it updated, comply with all applicable laws and regulatory requirements, and use the Services in a professional manner.

Devices and Software

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via eBizPal from time to time, as necessary to provide our Services to you.

Fees and Taxes

You are responsible for all carrier data plans, internet fees and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Sharing

Our Services allow messaging and sharing of information. Information and content that you share or post may be seen by other Members and Nonmembers. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., restricting your contact information visibility, or opting to not disclose your identity to other Members and Nonmembers). You also agree that your profile information will be truthful. We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice.


Privacy Policy

As a User or a Member of our Services, the collection, use and sharing of your personal data is subject to eBizBuddy’s Privacy Policy and updates. Our Privacy Policy describes our information practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services.


Acceptable use of our services

Our Terms and Policies

You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.

Legal and Acceptable Use

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of eBizBuddy, our Members and Nonmembers, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to eBizBuddy or Our Members and Nonmembers

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our Members and Nonmembers, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our Members and Nonmembers in any impermissible or unauthorized manner; (g) sell, resell, rent, or otherwise monetize our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

Keeping Your Account Secure

As a registered user, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) follow the law and our Terms and Policies. You are responsible for keeping your device and your eBizPal account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.


Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to send information to your contacts using a Share feature integrated with our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.


Licenses

Your Rights

eBizBuddy does not claim ownership of the information that you submit for your eBizPal account or through our Services. You must have the necessary rights to such information that you submit for your eBizPal account or through our Services and the right to grant the rights and licenses in our Terms.

eBizBuddy’s Rights

We own all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our domains, logos, patents, copyrights, trademarks, or other intellectual property rights unless you have our express permission.

Your License to eBizBuddy

In order to operate and provide our Services, you grant eBizBuddy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as but not limited to to allow us to display your profile picture, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

eBizBuddy’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Intellectual Property Rights infringements

Our Terms do not allow you to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.


Limits

eBizBuddy reserves the right to limit your use of the Services and your ability to contact other Members and Nonmembers. eBizBuddy reserves the right to restrict, suspend, or terminate your account if eBizBuddy believes that you may be in breach of this Terms or law or are misusing the Services.


Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR MEMBERS AND NONMEMBERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR MEMBERS OR NONMEMBERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “EBIZBUDDY PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.


Limitation of Liability

THE EBIZBUDDY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE EBIZBUDDY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED AN AMOUNT THAT IS THE LESSER OF (A) THE AMOUNT YOU HAVE PAID US IN THE MOST RECENT PAST TWELVE MONTHS OR (B) THREE THOUSAND INDIAN RUPEES (INR3000).


Indemnification

You agree to defend, indemnify, and hold harmless the eBizBuddy Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.


Dispute resolution

Forum and Venue

You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in courts located at Pune India, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Governing Law

The laws of India govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between eBizBuddy and you, without regard to conflict of law provisions.


Availability and termination of our services

Availability of Our Services

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

You agree that eBizBuddy or eBizPal have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Termination

Although we hope you remain our Services user, you can terminate your relationship with us anytime for any reason by deleting your account. You can delete your account by writing a formal request to our customer support department.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our Members and Nonmembers, or others. The following provisions will survive any termination of your relationship with eBizBuddy: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.


Miscellanea

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding eBizBuddy and our Services, and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • You will comply with all applicable laws of India (“Indian Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Indian Laws; (b) to anyone on India or non-India government restricted parties lists; or (c) for any purpose prohibited by Indian Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any India or non-India restricted parties list, or for any purpose prohibited by Indian Laws, and you will not disguise your location through IP proxying or other methods.
  • Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with us at any time by deleting your account.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
  • We reserve all rights not expressly granted by us to you.
  • We always appreciate your feedback or other suggestions about eBizBuddy and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.


Updates to Our Terms

We may amend or update these Terms and our Privacy Policy from time to time. Please note that we may not be able to provide a notice for changes to these Terms. We will update the “Last Modified” date at the bottom of our Terms. Unless otherwise required by law, your continued use of our Services following 30 days of amendments confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account. Please visit this page and review our Terms from time to time.


Contact Us

If you have questions about our Terms, please contact us.

EBizBuddy Infotech Private Limited.
Legal Department
101, Aurum Avenue, Balewadi High Street
Baner, Pune 411045
India.


Last modified: 25-April-2019