1.1 The "Services" we provide or make available include (a) the Platform, (b) the features
provided or introduced from time to time on the Platform and software made available through the
Platform, including, but not limited to, “BiznBuz Deals”, “BiznBuz Coupons” and “BiznBuz Vouchers” and
(c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds,
video, messages, tags, content, programming, software, tools, application services (including, without
limitation, any mobile application services) or other materials made available on or through the
Platform or its related services ("Content"). Any new features added to or augmenting the Services are
also subjected to these Terms of Use. These Terms of Use shall bind all users who use the Platform
and/or any Services provided by us such as our customers and/ or consumers (“Users”, “User”, “you” or
“your”). 1.2 If you are accessing the Platform and/or using our Services on
behalf of a corporate body, you must ensure that you are duly authorised by the corporate body and
have the full right and authority to access the Platform, open an Account and/or use our Services on
behalf of the corporate body in accordance with these Terms of Use. 1.3 We
reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or the
Services at any time or upon notice as required by local laws. We may release new features in a beta
or trial version, which may not work correctly or in the same way the final version may work, and we
shall not be held liable in such instances. We may also impose limits on certain features or restrict
your access to parts of, or the entire, Platform and/or Services in our sole discretion and without
notice and any liability to you. WE MAY ALSO UPDATE THESE TERMS OF USE TO INCLUDE TERMS RELATING TO
THE NEW FEATURES. YOUR CONTINUED USE OF THE NEW FEATURES SHALL CONSTITUTE YOUR ACKNOWLEDGEMENT,
ACCEPTANCE AND AGREEMENT OF THESE TERMS. 1.4 We may at any time or from time-to-time sub-contract and/or appoint our
subsidiaries, affiliates, related entities and/or any third-party service provider(s) to operate the
Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We
shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights,
benefits or obligations to our subsidiaries, affiliates, related entities or appointed third-party
service provider(s) without your consent and/or without notice to you. 1.5 WE MAY AMEND, MODIFY OR UPDATE THESE TERMS OF USE FROM TIME TO TIME. ANY CHANGE WE
MADE TO THESE TERMS OF USE WILL BE PUBLISHED ON THE PLATFORM AND, WHERE APPROPRIATE, NOTIFIED TO YOU
BY EMAIL OR VIA THE COMMUNICATION CHANNEL MADE AVAILABLE ON THE PLATFORM, WHEREUPON YOUR CONTINUED
ACCESS TO THE PLATFORM, ACCOUNT THEREAFTER AND/OR USE OF ANY OF THE SERVICES SHALL CONSTITUTE YOUR
ACKNOWLEDGMENT, ACCEPTANCE AND AGREEMENT OF THE CHANGE WE MADE TO THESE TERMS OF USE. PLEASE CHECK
BACK FREQUENTLY TO SEE ANY UPDATES OR CHANGES TO THESE TERMS OF USE.
2. PRIVACY POLICY:
2.1 We have furnished and made available a comprehensive Privacy Policy on the Platform,
outlining our commitments to data protection and privacy practices in detail. We urge you to peruse
the Privacy Policy attentively to grasp how we gather and utilize the information linked to your
account and/or your utilization of the services. By engaging with the services or furnishing
information on the Platform, you implicitly consent to our gathering, utilization, revelation,
retention, transmission, and/or processing of your content and data (including personal data) as
delineated in the Privacy Policy.
3. BIZNBUZ ACCOUNT:
3.1 To access and utilize the full functionalities and
features of the Platform and/or our Services, you may need to create and register for an account with
us (“Account”) by furnishing certain personal or business details. By creating an Account, you
acknowledge and agree that we may verify certain information provided by you. This verification
process may involve consulting registered agencies for general background checks. If requested by us,
you consent to providing any necessary consent forms or additional documents for this verification
process. 3.2 You can create your Account by: (a) selecting a unique user identification (“User ID”) at
your discretion, subject to our approval, or a User ID will be assigned upon successful registration.
You can set the password and/or security code for your Account, subject to certain requirements as
notified, or (b) linking to an account you maintain with a third party (such as Facebook, Google, or
your mobile service provider), where selected data from such third party will be integrated into your
Account. By registering with us, you agree to provide accurate, current, and complete information
about yourself, and to update it if it changes. Failure to do so may result in the closure of your
Account by us. If we accept you as a BiznBuz User based on the information provided, you agree to
indemnify and hold us harmless for any losses arising from inaccurate or false statements. If your
chosen User ID is deemed offensive or inappropriate by us, we reserve the right to suspend or
terminate your Account.
Security of Account 3.3 To maintain the security of the Platform and your Account, you agree to:
(a) keep your password and/or security code confidential and use only your User ID, password,
and/or
security code for logging in;
(b) log out from your Account at the end of each session;
(c) promptly report any unauthorized use of your Account, User ID, password, and/or security
code;
(d) ensure the accuracy and currency of your Account information;
(e) use your Account in accordance with our published Terms of Use; and
(f) refrain from using your Account in a manner that may harm BiznBuz’s operations, interests,
reputation, or goodwill. 3.4 You are responsible for all activities and transactions under your User ID and Account,
even if not committed by you. We are not obliged to verify users' identities or the authority of
individuals conducting activities or transactions. We are not liable for any losses resulting from
unauthorized access to your Account or your failure to comply with these Terms of Use. 3.5 For enhancement purposes, we may periodically conduct software evaluations to assess the
Platform and/or Services' performance. By using our Services, you grant us permission to review your
Account, including your activities and transactions.
Identity Verification 3.6 We may require identity verification from time to time to confirm Account ownership,
especially
for purposes such as combating suspicious or unlawful activities, anti-money laundering efforts, or
resolving disputes.
3.7 You authorize us, or our third-party service providers, to make inquiries and collect
necessary
documentation for identity verification. You agree to provide accurate, current, and complete
information that can be verified through legally recognized documentation.
4. FEES FOR THE USE OF THE PLATFORM :
4.1 Unless otherwise informed in writing, we do not charge Users for accessing and browsing the Platform.
5. RESTRICTED USE OF BIZNBUZ’S INTELLECTUAL PROPERTY AND CONTENT:
5.1 We grant you a limited and revocable license to access and utilize the incidental software provided by us via the Platform as part of the Services, subject to these Terms of Use. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the respective third-party owners. You shall not directly or indirectly modify, copy, create derivative works from, analyze, remove components from, decompile, reverse engineer, or attempt to derive source code, techniques, algorithms, or processes from the software, nor shall you permit or encourage any third party to do so.
5.2 All proprietary Content, trademarks, service marks, brand names, logos, copyrighted information, and other intellectual properties (“Intellectual Property”) displayed on the Platform are the exclusive property of BiznBuz and, where applicable, third-party proprietors such as Merchants (as defined in the Specific T&C section below). No right or license is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property. By using or accessing the Services, you agree to comply with copyrights, trademarks, applicable intellectual property-related legislation, and all other applicable laws protecting the Services, the Platform, and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform, or its Content. Without our prior written consent, you may not mirror or frame any part or whole of the Platform's contents on any other server or website. Additionally, you agree not to use any robot, spider, or automatic device or manual process to monitor or copy our Content without our prior written consent (except for standard search engine technology employed by Internet search websites to direct users to this website).
Third-Party Links 5.3. Throughout the Platform, third-party links may be provided as a courtesy. These links are provided for convenience only, and the linked sites are not under our control in any manner. Therefore, you access them at your own risk. We are not responsible for the contents of any linked site or any changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or sponsorship by us of any linked site or its content.
5.4. Each contributor to the Services of data, text, images, sounds, video, software, and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law, and legal restrictions associated with their Content contribution. Consequently, we are not responsible for regularly monitoring or checking the accuracy, reliability, nature, rights clearance, compliance with law, and legal restrictions associated with any contributed Content. You agree not to hold us responsible for any other User's actions or inactions, including things they post or otherwise make available via the Services.
6. USER’S CONTENTS AND UNDERTAKINGS (AS APPLICABLE)
6.1. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not BiznBuz, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through or on the Platform.
6.2. You acknowledge that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove, or move any Content, including, without limitation, any Content or information posted by you, that is available on the Platform. Without limiting the foregoing, we and our designees shall have the right to remove any Content:
(a) that violates these Terms of Use;
(b) if we receive a complaint from another User;
(c) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
(d) if such Content is otherwise objectionable.
6.3 We may also block delivery of communication (including, without limitation, postings and/or reviews) to or from the Services as part of our effort to protect the Services and/or our Users, or otherwise enforce the provisions of these Terms of Use. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the fullest extent permitted by applicable law, may not rely on any Content made available by us or submitted to us.
6.4. You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider offensive, indecent, or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted, or otherwise made available on the Platform.
6.5. You acknowledge, consent to, and agree that we may access, preserve, and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms of Use;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of BiznBuz, its Users, and/or the public.
6.6 . You shall not, and agree and undertake to BiznBuz not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;
(d) remove or alter any proprietary notices from the Platform;
(e) cause, permit, or authorize the modification, creation of derivative works, or translation of the Services without our express permission;
(f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent or illegal purposes;
(g) use the Services in a dishonest or fraudulent way to obtain any advantage, benefit, or secret profit from any third party;
(h) take any action that may undermine or manipulate the feedback or ratings systems;
(i) attempt to decompile, reverse engineer, disassemble, or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed, or stored by us;
(j) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or business information;
(k) upload, email, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) upload, email, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(m) upload, email, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials
, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation;
(n) upload, email, post, transmit, or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, routines, files, or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(o) interfere with, manipulate, or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
(p) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(q) use the Services to intentionally or unintentionally violate any applicable local, state, national, or international law, rule, regulation, code, directive, guideline, or policy, including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds, and anti-corruption;
(r) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
(s) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(t) infringe the rights of BiznBuz, including any intellectual property rights and any passing off of the same thereof;
(u) reproduce, attempt to reproduce, counterfeit, or resell any Merchant Offering (as defined in the Specific T&C section below) and/or any Cashback (as defined in the Specific T&C section below); and/or
(v) use the Services to mine, collect, or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
6.7. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the relevant licenses to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with laws, and legal restrictions associated with any Content contribution. You hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through, or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution, and you agree to unconditionally waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
6.8 Any material, information, or idea you provided to us by any means (each, a "Submission"), is not considered confidential by us and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing purposes. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods, and modifications and enhancements of the same which are identical or similar in function, code, or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through, or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.
6.9 You shall indemnify, defend, and hold harmless BiznBuz and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders, and employees from all actions, claims, and demands which may be instituted or made against you arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.
.
7. DISCLAIMERS, EXCLUSIONS, AND FORCE MAJEURE
Disclaimers 7.1. The platform and/or services are provided on an "as is" and “as available” basis without any warranties, claims, or representations made by us of any kind, either expressed, implied, or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom, or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the platform and/or services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free, that defects, if any, will be corrected, or that the platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs, or any other harmful codes, instructions, programs, or components.
7.2. While we endeavor to ensure that the platform and/or services are secured, you acknowledge and agree that the entire risk arising out of the access, use, or performance of the platform and/or the services shall remain with you to the fullest extent permitted by applicable law.
Exclusions and Force Majeure 7.3. To the fullest extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive, or imputed), product liability, strict liability, or other theory), or other cause of action at law, in equity, by statute, or otherwise, for:
(a) (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of goodwill; or (vi) failure to realize anticipated savings, in each case whether direct or indirect; and
(b) any indirect, incidental, special, consequential, exemplary damages, arising out of or in connection with the use of or inability to use the platform or the services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.
7.4. We shall not be liable for any delay or failure to perform the services, where the cause of such delay or failure is beyond our reasonable control. Such causes may include but are not limited to an act of god, riot, civil commotion, strike (whether or not involving employees of BiznBuz), lockout, or other labor disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption, or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services, or networks, government order, or change in any law or regulation which renders the performance impractical.
7.5. If we consider a force majeure event to be of such severity or to be continuing for such a period of time that we are unable to perform any of our obligations, we shall have the absolute discretion to decide on such alternative arrangement(s), including but not limited to terminating these terms of use and/or any specific contract or transaction (as defined in specific T&C section below) and without liability to you other than a refund of payments for services made by you for which is not performed or unable to be performed.
7.6. You acknowledge, accept, and agree that all disclaimers, exclusions, and limitations of liability set out in these terms of use represent a fair and reasonable allocation of risks and benefits of the agreement between us and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the stated risks. You further agree that these disclaimers, exclusions, and limitations shall be enforceable to the fullest extent permitted by applicable law.
8. FEEDBACK
8.1. We appreciate receiving information and feedback from you that can assist us in enhancing the performance of the Platform or the quality of the Services provided. Please review our feedback procedure below for further guidance:
(a) Feedback should be submitted in writing via email to contact@bizandbuz.com or any other communication channel(s) accessible on the Platform.
(b) We do not accept anonymous feedback to ensure accountability and transparency.
(c) Users impacted by the feedback will be duly informed of all relevant facts and provided with the opportunity to present their perspective.
(d) Feedback that is vague or defamatory in nature will not be considered.
9. VIOLATION OF TERMS OF USE
9.1 Any breach of these Terms of Use may lead to various measures being taken, including, but not limited to, the following:
(a) Restrictions imposed on Account privileges;
(b) Suspension of the Account followed by termination; and/or
(c) Legal actions, such as claims for damages, specific performance, and/or interim or injunctive relief.
9.2. If you suspect that a User on our Platform is infringing these Terms of Use, please reach out to us via email at contact@bizandbuz.com or through the available communication channel(s) on the Platform.
10. SUSPENSION AND TERMINATION; ACCOUNT DEACTIVATION AND CLOSURE Suspension and Termination
10.1 You acknowledge that we may, at our sole discretion, with or without prior notice, and without any liability to you or any third party, suspend or terminate your Account and your User ID, delete or discard any Content associated with your Account and User ID from the Platform, revoke any promotions, offers, deals, or subsidies extended to you, invalidate any transaction linked to your Account and User ID, temporarily revoke your access to any or all Services and/or features on the Platform, withhold any sale proceeds or refunds (as applicable), and/or take any other actions that we deem necessary. Such actions may be taken for various reasons, including but not limited to:
(a) Inactivity of the Account for a consecutive period of twelve (12) months;
(b) Possession of multiple user accounts or unauthorized access by others to the Account;
(c) Suspected dishonesty, fraud, illegality, criminal activity, or misrepresentation in the conduct of your Account or use of the Platform and/or Services;
(d) Breach or reasonable belief of breach of these Terms of Use and/or any applicable terms and conditions provided by us, or engaging in conduct detrimental to BiznBuz;
(e) Violation of acts, statutes, laws, regulations, guidelines, and/or policies imposed by any authority, regulatory body, or government agency;
(f) Acting in bad faith, with malicious intent, or engaging in behavior harmful, defamatory, or abusive to other Users, third parties, and/or BiznBuz;
(g) Listing of your name under any regulatory watchlist related to anti-money laundering, terrorism financing, or corruption under applicable laws;
(h) Compliance with a court order or governmental or regulatory authority's directive;
(i) Submission of false documents or declaration of false information during registration or application;
(j) Failure to provide requested additional information for verification purposes.
The use of the Platform, Services, and/or an Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening, or abusive purposes may be reported to law enforcement authorities by BiznBuz without prior notice to you.
10.2. Upon suspension of your Account, Services, and/or specific features under Clause 10.1 above, we reserve the right to conduct an investigation into the matter and may suspend your access to any or all Services and/or withhold any refunds or benefits until clearance is obtained from relevant authorities or the completion of any investigation, as deemed necessary.
10.3. If your access to the Platform and/or Services is suspended, ceased, or terminated by us due to suspicious, fraudulent, illegal, or unlawful transactions (including breaches of law, rules, regulations, policies, and/or guidelines), you forfeit the right to continue using any or all Services and are not entitled to any refunds, benefits, or compensation. We may retain, deal with, or release any money, refunds, or benefits in accordance with applicable laws, regulations, and guidelines without liability to you.
Consequences of Account Termination 10.4. Upon termination of the Account for any reason, unless agreed otherwise in writing by us, any unredeemed Merchant Offering or unused Cashback will expire immediately and be removed from your Account. Any outstanding payments owed by you to us and/or Merchants shall become immediately due and payable. Additional consequences shall be outlined in the Specific T&C.
10.5. Provisions of these Terms of Use intended to remain effective and binding on the User after Account termination, such as warranties, undertakings, and indemnifications to BiznBuz, shall survive termination.
11. USER’S REPRESENTATIONS AND WARRANTIES
11.1. By accessing the Platform, utilizing the Services, and/or registering an Account with us, you unequivocally represent and warrant to BiznBuz that:
(a) You have the legal capacity to accept and abide by these Terms of Use, and if applicable, you have obtained valid parental or legal guardian consent if you are a minor.
(b) If you are representing and acting on behalf of a corporate entity, you possess the full authority, capacity, and right to accept and enter into these Terms of Use on behalf of the corporate entity.
(c) All information and documentation provided or submitted to BiznBuz for any purpose are true, accurate, not misleading, complete, and current.
(d) You will use the Platform and/or Services solely for lawful purposes and in compliance with these Terms of Use, as well as all applicable laws, regulations, rules, directives, guidelines, and policies.
(e) If required, you will cooperate fully and assist BiznBuz and/or relevant authorities in any pending or future contentious matters, audits, or investigations (including those initiated under Clause 10 above) related to your Account or use of the Platform and/or Services, ensuring timely and efficient resolution of such matters or investigations.
12. INDEMNITY & LIMITATION OF LIABILITY
12.1. You agree to indemnify, defend, and hold BiznBuz harmless, along with our shareholders, subsidiaries, affiliates, related entities, directors, officers, employees, agents, representatives, co-branders, and relevant business partners (collectively referred to as the "Indemnified Parties"), from and against any and all claims, actions, proceedings, and suits, as well as any related liabilities, damages, settlements, penalties, fines, costs, and expenses (including legal costs and dispute resolution expenses) incurred by any Indemnified Party. These arise from or are related to: (i) your violation or breach of any of these Terms of Use or any referenced policy or guideline herein, (ii) your use or misuse of the Platform or Services, or (iii) your breach of any laws or any rights of a third party.
12.2. BiznBuz shall not be liable for any loss of profit or goodwill, loss of data, loss of production or revenue, or any type of special, indirect, or consequential loss whatsoever, including loss or damage suffered by the Customer as a result of an action brought by a third party, even if BiznBuz had been advised of the possibility of incurring such losses.
12.3. Despite any other provisions in these Terms of Use, BiznBuz's maximum cumulative liability to you or any other party for all losses arising from or related to your use of our Platform and/or Services shall not exceed INR 1000 or its equivalent in your jurisdiction, or the sum that you have paid to us under such individual contract or transaction, whichever is lower.
13. COMMUNICATIONS
13.1. All notices, demands, requests, or other communications to be given or made under these Terms of Use shall be in writing. They shall be sufficiently given or made to the other party by serving the notice at or sending it by hand, registered post, facsimile, electronic mail, or text messaging to the contact details as notified by one party to the other from time to time or via the communication channel made available on the Platform.
13.2. Notice shall be deemed given:
(a) In the case of hand delivery, upon receipt of a written acknowledgment signed by the recipient;
(b) In the case of registered post, five (5) business days after posting; and
(c) In the case of facsimile, email, text messaging, or the communication channel(s) available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission or a read receipt is sent to and received by the sender.
13.3. Despite Clauses 13.1 and 13.2 above, you acknowledge that you may communicate with us verbally through phone conversation from time to time to facilitate your request or the resolution of any issue or problem faced by you. If any significant subject matter has been agreed upon between us and you verbally via a phone conversation, our customer service team may thereafter put the same into writing, and such notice will be sent to you via email for record.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms of Use shall be governed by and construed in accordance with the laws of your jurisdiction without regard to conflict or choice of law principles.
14.2. Any dispute, legal action, or proceeding arising out of or in connection with these Terms of Use shall be submitted to the jurisdiction of the courts in your jurisdiction unless BiznBuz, in its own discretion, chooses to submit the matter for settlement via arbitration in your jurisdiction or otherwise.
15. GENERAL PROVISIONS
15.1. If any provision of these Terms of Use is deemed invalid, unlawful, void, or unenforceable under the law of any jurisdiction, then that provision shall be considered separate from these terms and conditions. Its invalidity shall not affect the validity and enforceability of any remaining provisions in that jurisdiction or the validity and enforceability of the provision in question under the law of any other jurisdiction. In such cases, you acknowledge that BiznBuz may introduce a substitute provision that is valid and enforceable, aiming to achieve the economic, legal, and commercial objectives of the original provision to the fullest extent possible. You hereby agree to accept and be bound by such substitute provision.
15.2. You are prohibited from assigning, transferring, or sublicensing any rights and benefits granted to you under these Terms of Use. BiznBuz reserves the right to transfer or assign any of its rights or obligations under these Terms of Use to a present or future affiliate, or pursuant to a merger, consolidation, reorganization, or sale of all or substantially all of its assets or business, without notice to you.
15.3. These Terms of Use do not establish a partnership, joint venture, or principal-agent relationship between you and BiznBuz. You are not authorized to make any representations or incur any costs or liabilities on behalf of BiznBuz.
15.4. BiznBuz's failure or delay in exercising any claim, remedy, right, power, or privilege under these Terms of Use shall not be considered a waiver thereof. Any single or partial exercise of any claim, remedy, right, power, or privilege shall not prevent any other or further exercise thereof by BiznBuz. The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies otherwise provided by law.
15.5. These Terms of Use are for the benefit of you and BiznBuz only and do not confer any benefits to any other person or entity, except for BiznBuz's affiliates and subsidiaries (and each of their respective successors and assigns).
15.6. The terms and conditions outlined in these Terms of Use, along with any additional terms, conditions, or policies referenced herein, constitute the entire agreement between you and BiznBuz regarding the Platform, Account, and/or Services.
15.7. BiznBuz reserves all rights not expressly granted herein.
15.8. These Terms of Use may be translated into languages other than English ("Translated Version"). In case of any inconsistency between the English version and the Translated Version, the English version shall prevail.
By using the App, you acknowledge that you have read, understood, and agree to be bound
by these Terms and our Privacy Policy.