Terms And Conditions

i-Dispatch Pty Ltd provide simple, reliable and flexible connection and communication solutions between businesses, their mobile workforce and [job] data. Bizzow is an i-Dispatch solution.

 

Introduction
Bizzow is a B2E (Business to Employee) mobile job & task management, communication software solution for businesses, corporate and government organisations. Bizzow has a modular business ecosystem. The subscriber simply selects the modules they require to get the tailor made solution they require, that will grow with their business. It suits a wide range of industries.

 
This document explains our obligations as a service provider and Your obligations as a client and user of the software solution. These Terms and Conditions outlined below, should be read and fully understood before using the Bizzow website hosted software, Smart Phone Applications and Mobile Computing Applications. These terms are binding.

 
The Bizzow product and service is dynamic and will change over time. Therefore, the Bizzow terms of use may be changed to reflect new options and Bizzow reserves the right to do this. New terms will be effective from the time they are posted. Every effort will be made to communicate any change of our terms of use via our software, website and email.

 
By registering to use Bizzow, you are acknowledging that you have read and understood the terms and agree to these terms on behalf of any entity that you have registered for.
These terms were last undated in February 2017

About Bizzow
The Bizzow website is owned by i-Dispatch Pty. Ltd a company incorporated in the state of Victoria Australia, having its principal office at 11 Scholar Drive Bundoora Victoria 3083 Australia.
Business name i-Dispatch Pty Ltd
ABN 61 608 291 863
Location address 11 Scholar Drive Bundoora 3083 Victoria Australia
Telephone number +61 3 9467 6188
Facsimile number +61 3 9466 7188

Definitions
“Add-on” means any service or product selected and activated in Bizzow;
“Confidential Information” includes all information exchanged between the Bizzow and You, whether in writing, electronically or orally, including the Software, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;
“Data” means any data inputted by you or any users of your smartphone or mobile computing device or any other computer into the Software;
“Intellectual Property Right” means any patent, trade mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
“Software/Application” means the Bizzow software (as may be changed or updated from time to time by Bizzow) available via the Website or any mobile application download;
“Subscriber” a person who is a registered and/or active user of the Bizzow software;
“Website” means the Internet site at the domain www.Bizzow.com or any other site operated by Bizzow;
“You/Your” means the subscriber, or user;
“Bizzow” means product of i-Dispatch Pty. Ltd Trading as i-Dispatch a company incorporated in the state of Victoria Australia, having its principal office at 11 Scholar Drive Bundoora Victoria 3083 Australia. ABN 61-608-291-863

1. Overview
Bizzow is a B2E (Business to Employee) mobile job & task management, communication solution for businesses. You understand and agree that the Software licence is provided on a monthly or other periodical prepaid subscription on a per user basis.
The Software and Website is provided on an “as is” and “as available” basis. I-Dispatch disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software.
i-Dispatch also reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to you.
It is your responsibility to ensure that your data is exported to your local personal computer and backed up regularly.
2. Use of Software
You agree that you are responsible for your own communications, internet connectivity, internet fees and mobile data fees and for any consequences thereof.
You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any privacy laws and laws relating to the export of data from your country of business.
You agree that you will not use the Software to upload or distribute any content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful, defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by i-Dispatch.
You agree that you will not authorize or encourage any third party to use the Software to upload or distribute any content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful,
defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by i-Dispatch.
You agree that you will not tamper with or encourage others to tamper with the Software in order to prevent others from using the Software.
You agree that will keep safe your online username and password and will not disclose it to others.
You agree that you will use the software in accordance with user manuals available online from within the software.
You agree that you must maintain all software including antivirus and spyware on all computers, smartphones and mobile computers using the Software and provide a suitable internet connection.

3. Software Availability and Support
i-Dispatch will aim to provide Bizzow software availability, of 99.97% uptime. However, i-Dispatch will not and cannot be held liable for Bizzow data loss.
Updates and upgrades are specifically scheduled to avoid peak usage times based on Australian Eastern Standard Time Zones GMT+10 or ADST GMT+11. I-Dispatch will make all efforts to prevent disruptions to the software during normal business hours and during any software any upgrades, however there may be times when the Bizzow Website and or the Software is inaccessible. If for any reason i-Dispatch has to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Bizzow Website and may also notify your team by email.
i-Dispatch is dedicated to providing excellent customer service and we aim to promptly answer support issues during business hours [ GMT+10 AEST or GMT+11 ADST]. I-Dispatch is not liable for any loss suffered as a result of any inability to use the Bizzow service. You permit the i-Dispatch team to access your account when necessary to assist in the diagnosis of any problems.

4. Payment
Bizzow subscriptions are charged in advance on a monthly, quarterly, six monthly or annual basis. The subscription is calculated on a daily basis, regardless of whether you intend to use the software every day of the pre-paid period.
I-Dispatch will not provide any refunds for any user subscriptions or add-ons. I-Dispatch is not held liable for any lack of refunds in connection with the Services.
If the subscriber has signed up for a free trial to evaluate Bizzow, you are under no obligation to continue using services. If you choose to continue to use the service, payment will be required immediately at the end of the trial to continue accessing Bizzow. Payment is strictly via a secure online payment gateway using a valid credit card. Payment will start the day that you place this order. The first payment will be a pro-rata charge for the remaining portion of the monthly billing cycle. Billing is generated and payment is due on the first day of each month.
If you do not prepay your account when due i-Dispatch has the right to terminate your service within 7 calendar days and without warning.
All Software remains the property of i-Dispatch and you have rights to use the Software and access or retrieve data only when your fees are paid in full.

5. Intellectual Property Rights.
Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of i-Dispatch Pty Ltd.
Intellectual Property Rights in the Data remain your property. You must maintain copies of all Data inputted into the Bizzow Software. I-Dispatch adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. I-Dispatch expressly excludes liability for any loss of Data no matter how caused.

6. Representations and Warranties.
You acknowledge that you are authorised to use the Software and the Website and to access the information. If you are using the Software and accessing the Website on behalf of or for the benefit of an organisation then i-Dispatch will assume that You have the right to do so and that the organisation will be liable for your actions or omissions (including any breach of these Terms).
The provision of, access to, and use of, the Software is on an “as is, where is” basis and at your own risk.
You expressly acknowledge that due to circumstances often beyond the control of i-Dispatch, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone and internet services, the Bizzow Software may not operate as designed. I-Dispatch does not warrant that the use of the Software will be uninterrupted or error free due to the above factors.
It is your sole responsibility to determine that the Software meets the needs of your organisation and its use.
i-Dispatch gives no warranty regarding the Bizzow Software and the Website. Without limiting the foregoing, i-Dispatch does not warrant that the Bizzow Software will meet your requirements or that it will be suitable for your purposes.
To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Software and agreeing to these Terms and Conditions of this agreement for the purposes and on behalf of a business or organisation and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

7. Privacy.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms and Conditions. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as stated by these Terms and Conditions.
Each party’s obligations under this clause will survive termination of these Terms and Conditions.
The provisions of the above clauses shall not apply to any information which:
Is or becomes public knowledge other than by a breach of this clause;
Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
Is independently developed without access to the Confidential Information.

8. Limitation of Liability
To the maximum extent permitted by law, i-Dispatch excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.
If You suffer loss or damage as a result of i-Dispatch’s negligence or failure to comply with these Terms and Conditions, any claim by You against i-Dispatch arising from i-Dispatch’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the balance of your prepaid account.
If You are not satisfied with Bizzow, your sole and exclusive remedy is to terminate your service.

9. Termination
Your account will be automatically terminated if you do not prepay your account within seven (7) calendar days from when the account falls due.
If you breach these Terms and Conditions, i-Dispatch may at its discretion terminate your use of the Software and the Website and may also suspend for any definite or indefinite period of time, your use of the Software and the website and access to any stored data.

10. Entire Agreement
These Terms and Conditions represent the entire agreement between i-Dispatch in relation to the use of the Bizzow Website and the Bizzow Software and supersedes any prior agreement, understanding or arrangement between you and i-Dispatch, whether oral or in writing.
You may not assign or transfer any rights to any other person without i-Dispatch’s prior written consent.
If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision of the Terms and Conditions will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on both parties.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms
11. Governing Law and Jurisdiction.
These Terms of Use will be governed by and construed in accordance with the laws of The Commonwealth of Australia in the State of Victoria
Any claims, legal proceeding or litigation arising in connection with the software or website will be brought solely in The State of Victoria Australia, and you consent to the jurisdiction of such courts.
These Terms and Conditions apply to the entire content of the website at www.Bizzow.com, Bizzow.com.au, Bizzow.net.au and Bizzow.net, and any other future URL derivates of the BIZZOW trademark, and the respective smartphone and mobile computing applications.
By registering and using the website and respective smartphone and mobile computing applications you agree to and accept the terms and conditions of use.
SPAM Act of 2003 – you must have consent to send SMS messages to each recipient. Any marketing messages must give the recipient an opt out of further marketing. Please only use Bizzow in accordance with this act.

12. Third Part Products
Where Bizzow integrates with a third party provider, for any add-on services, you will also be bound by their Privacy Policy and terms and conditions.

13. Security
You are required to set up and manage the security, passwords and permissions on your Bizzow account. Keep your user names and passwords secure at all times. I-Dispatch will not accept any responsibility for any loss or damage that results from any failure to maintain tenant security. I-Dispatch makes every effort to keep BIzzow data secure and will not be held liable for any loss or damage as a result of a breach of security.

14. Branding
No one may use or publish the Bizzow brand, branding or logos without prior written consent from i-Dispatch Pty Ltd.

15. Quotes & Bespoke Development
Quotations are valid for 90 days from the date of the quote. After this time our prices are subject to change without notice.
Any development undertaken by i-Dispatch for Bizzow clients, remains the intellectual property of i-Dispatch Pty Ltd.
Any changes from the final specifications once the development has started will include additional charges and these will be charged at the hourly rate.
A non-refundable deposit of 20% of the one off development investment is required for us to begin development .
After the Customisation is released to the client, the client has 30 days to notify us of any concerns.
Updated March 2017