Bizzly Terms of Service

Effective date: 1 January, 2022

Thanks for using Bizzly! We’re happy you’re here. Please read this Terms of Service agreement carefully before accessing or using Bizzly. Because it is such an important contract between us and our users, we have tried to make it as clear as possible.

If you have any questions please contact us at support@bizzly.com.au.

Definitions

We use these basic terms throughout the agreement, and they have specific meanings. You should know what these terms mean when we use each of them.

The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Bizzly Privacy Statement) and procedures that we may publish from time to time on the Website.

An "Account" represents your legal relationship with Bizzly. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on Bizzly. A User Account can be a member of any number of Accounts, each Account (Business) is its own entity.

"Bizzly", "We", and "Us" refer to Bizzly, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees.

"The User", "You", and "Your" refer to the individual person, company or organisation that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be 16 years old, unless otherwise permitted by applicable law.

The "Website" refers to Bizzly's website located at bizzly.com.au, and all content, services, and products provided by Bizzly at or through the Website. It also refers to Bizzly-owned subdomains of bizzly.com.au. These Terms also govern Bizzly's other domain mybizzly.com.au. Occasionally, websites owned by Bizzly may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

Account terms

Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you have a paid Account, in which case additional information will be required for billing purposes. You’re responsible for keeping these details up-to-date and current.

Account Requirements

We have a few simple rules for User Accounts on Bizzly's Service.

• You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
• You must be 16 years of age or older and not provide any person under the age of 16 with access to the Services, unless otherwise permitted by applicable law.
• Your login may only be used by one persian – i.e., a single login may not be shared by multiple people.

User Account Security

You are responsible for keeping your Account secure while you use our Service. Make sure your users ensure confidentiality of your account passwords and only appoint competent users when giving out high permission access. You understand that Bizzly is not responsible for your account security or compromised passwords. In the event of suspected malicious activity, reach out to Bizzly support immediately and reset passwords.

Access

Bizzly personnel may only access the content of your account in the situations described in our Privacy Statement.

Bizzly will provide notice regarding our access to your account, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.

We agree to remove your data on request, and we will not publish, modify, or distribute your data without prior approval. You do agree to allow Bizzly access to view your data for the purpose of supporting and maintaining your service.

Inactive Accounts

Trial accounts which do not activate a subscription may be terminated with all data removed after 90 days, notification will be provided by email prior to this action.

Accounts with subscriptions that have expired or remain unpaid may be terminated with all data removed after 90 days from the date the Account subscription expires or becomes unpaid.

Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including transfer of defamatory, harassment, abusive, threatening, harmful, pornographic or any other objectionable offences, copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

You agree to not use any Bizzly branding, content, images, links, etc without prior written permission from Us.

You agree to use the Service as directed and to not use the Service in any way that could overburden, damage, impair any network, service or system of Bizzly.

Subscriptions, Fees and Payments

Bizzly Services are billed on a subscription basis (Subscription) in Australian Dollars (AUD).

You agree to pay Bizzly any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for those Services in the Service Order. Except as indicated in this Agreement or required by law, fees paid by you are not refundable.

Automatic Renewal

Your Subscription for any Services will automatically renew at the end of each Subscription Term unless you cancel the automatic renewal of that Service by providing us with written notice during the current Subscription Term for that Service or You cancel through the management portal.

Any automatic renewal does not guarantee that the price for Services paid during the previous Subscription Term will remain the same for the next Subscription Term.

Refund Policy

Bizzly is not required to provide a partial or full refund. You must ensure the service is suitable for your needs prior to signing up.

In the case of auto renewals, Bizzly sends out multiple notifications about upcoming deductions. You must cancel your service through the management portal or by contacting us 7 days prior to the renewal. Failure to do so will result in the subscription being auto renewed and nonrefundable.

Cancellation and termination

It is your responsibility to properly cancel your Account with Bizzly. You can cancel your Account at any time through the management portal. When cancelling your account the action is immediate and all your data is removed, this action cannot be undone.

Bizzly May Terminate

Bizzly has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Bizzly reserves the right to refuse service to anyone for any reason at any time.

Communications with Bizzly

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.

Legal Notice to Bizzly Must Be in Writing

Communications made through email or Bizzly's Support messaging system will not constitute legal notice to Bizzly or any of its officers, employees, agents or representatives in any situation where notice to Bizzly is required by contract or any law or regulation. Legal notice to Bizzly must be in writing and served on Bizzly's legal agent.

Disclaimer of Warranties

Bizzly provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Bizzly does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorised access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release Bizzly 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 such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Bizzly (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Bizzly of all liability); and (3) provides to you all reasonable assistance, at your expense.

Complaints

If you have concerns please let us know immediately. We want to help. You may contact us directly at support@bizzly.com.au with the subject line "Terms Concerns." We will respond promptly — within 10 business days at the latest.

Change to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Bizzly account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

We encourage you to visit the site to check and review updates on a regular basis.

In this article

• Definitions
• Account terms
• Acceptable Use
• Subscriptions, Fees and Payments
• Cancellation and termination
• Communications with Bizzly
• Disclaimer of Warranties
• Limitation of Liability
• Release and Indemnification
• Complaints
• Change to These Terms