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Introduction
Bizzow is a 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 their tailor made solution that will grow with their business, regardless of the industry.
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.
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 1300 69 2499
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
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 our inbuilt help and training videos available online or 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 & support
4. Payment
5. Intellectual property rights
6.Representations & warranties
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
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 & 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 party products
13. Security
14. Branding
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.