Terms and Conditions
BizmoCard (BizmoCard, we, us, our) provides its services to you through its website located at www.bizmocard.com. (the site) and related services (collectively such services, including any new features abd applications and the site and the “Services”) subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
At BizmoCard, we reserve the right and at our sole discretion, to change or modify the portions of these Terms of Service at any time. If we change anything, we will post the changes on this page and will provide indication regarding the same. We will also put the date on which these terms were last revised. You will also be notified, either through the Services user interface, in an email notification or through any other reasonable means. For all our existing users of the Services, any such changes will become effective no earlier than that fourteen days after they are posted, except for the changes addressing any new functions of the service or changes made for legal reasons will be effective immediately. Your continued use or the Service after the date any such changed become effective constitutes your acceptance of the new Terms of Service.
Please go through these Terms or Service carefully, because they contain an agreement to arbitrate and other important information regarding your legal rights, remedies and obligations. The Agreement to Arbitrate requires that you submit claims you have against us to biding and final Arbitration and further (1) you will only be permitted to pursue the claims against BizmoCard on an individual basis, not as a plaintiff or of class member in any class or representative action or proceeding. (2) you will only be permitted to seek relief (including monetary, injuctive and declaratory relief) on and individual basis and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
1. Access and Use of the Service
Description of Services: The Services are web app accessed over the internet and via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network.
Security of your account: You agree to be responsible for any act of omission of any users that access the Services under your account. You agree to immediately notify Bizmocard of any breach in security as soon as you become aware of the same.
Access to the Service: You are responsible for the obtaining and maintaining of the services required for connecting to, access or otherwise use the Service. You are also responsible for ensuring that such services are compatible with the Services we are offering and to the extent it is applicable, the web app (as defined below) and complies with all the configurations and specification set for in Bizmocard’ published policies then in effect.
Modifications to the service: Bizmocard reserves the right to modify or discontinue, either temporarily or permanently, the Service (or any part thereof) with or without notice. You will also be agreeing that Bizmocard will not be liable to you or to any third party or any modification, suspensions or discontinuation of the Service.
General practices regarding use and storage: You have to acknowledge that Bizmocard may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Bizmocard’ servers on your behalf. You will also be agreeing that Bizmocard has no responsibility or liability for the deletion of failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Bizmocard reserves the right to terminate accounts that are inactive for an extended period of time. You will be further acknowledging that Bizmocard reserves the right to change these general practices and limits at any time. In its sole discretion, with our without notice.
2. Conditions of Use
User conduct: You will be solely responsible for the all the information, data, images, text, video or any other materials (deemed as “content”) that you upload, post, display, publish, transmit or sent (deemed transmit collectively) or otherwise use via the Service. The following are the examples of the kind of content and/or use that is illegal or prohibited by Bizmocard. Bizmocard also reserves the right to investigate and take appropriate legal action against anyone who in BizmoCard’s sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You also agree to not use the Service to:
(a) Transmit any content that, (i) infringes any intellectual proper or other proprietary rights or any party, (ii) you do not have the right to transmit under any law or under contractual or fiduciary relationships, (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (iv) poses or creates a privacy or security risk to any person, (v) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail” or “spam”, (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, obscene, vulgar, libelous, pornographic, invasive of another’s privacy, racially hateful, ethnically or otherwise objectionable, (vii) under the sole discretion of Bizmocard is objectionable or which restricts or inhibits any other person for using or enjoying the service or which may also expose Bizmocard or its users to any harm or liability of any kind.
(b) violates any applicable local, state, national or international law or any regulations having the force of law,
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity,
(d) solicit personal information from anyone who is under 18 in age
(e) harvest or collect email addresses or other contact information of other users from the service by electronic or other means for the purposes or sending unsolicited emails or other unsolicited communications,
(f) Submit to Bizmocard Personal Data relating to third parties without the consent of such third parties
(g) Further or promote any criminal activity or enterprise or provide instructional information about any illegal activities or,
(h) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees: To the extent to the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and billing frequency (annual or monthly) as described in the www.bizmocard.com. and provide Bizmocard information regarding your credit card or other payment instrument. You represent and warrant to Bizmocard that such information is true and you are authorized to use the payment instrument. You will promptly update your account information with any changes such as a change in your bulling address or credit card expiration date, that may occur. You will also be agreeing to pay Bizmocard the amount that is specified in the payment plan in accordance with the terms of such plan and the Terms of Service. You are also hereby authorizing Bizmocard to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account and you further agree to pat any charges so incurred. You will be acknowledging and agreeing that (A) Bizmocard (or the payment processor we use) is authorized to charge you on a recurring basis (either monthly or yearly) for as long as your subscription to the service will continue and (B) your subscription will continue until you cancel it or we suspend or stop providing access to the services to you. You may also cancel your subscription at any time you want by sending us an email at firstname.lastname@example.org. or via the interface of the services, provided that such a cancelation will get effective at the end of the current annual or monthly billing cycle you are in, and this cancellation will not result in any refund of any prepaid fees. If you dispute any changes, you must notify Bizmocard in writing within sixty (60) days after the date that Bizmocard charges you. We also reserve the sole right to change the Bizmocard’ prices. If Bizmocard does change the prices, we will be providing notice of the change through the service or a separate email to you, at Bizmocard’ option, which will be at least 30 days before the change is to take effect. You continued use of the Service after the price change becomes effective, will constitute to your agreement to pay the changed amount. Bizmocard may choose to bill through an invoice, in that case full payment for the invoices issues in any given month must be received by Bizmocard thirty (30) days after the mailing date of the invoice or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by the law or whichever is lower, all the expense of collection will be added to the amount. You shall be the party responsible for all the taxes associated with the Services other than US taxes based on Bizmocard’ net income.
Special notice for international use, Export controls: Web app available in connection with the service and the transmission of applicable data, if any, is subject to United States export controls. The web app and no software may be downloaded for the Service or otherwise exported or re-exported in violation of the US expert laws. Downloading or using the web app is at your own risk. Recognizing the global nature of the internet, you are to agree to comply with all local rules and laws regarding the use of the Service, including as it will concern online conduct for you and the acceptable content.
Commercial use: Unless it is otherwise expressly authorized here or in the Service, you are agreeing not to display, license, distribute, publish, perform, duplicate, reproduce, copy, create derivative worked from, modify, sell, resell, transfer or transmit, exploit for any commercial purposes, any portions of the Service, use of the Service or access to the Service.
Data processing addendum: To the extent we process any Customer Personal data (as defined under the Addendum) that is the subject to the GDPR (as defined under the Addendum) on your behalf, the terms of the data processing Addendum at www.bizmocard.com which are hereby incorporated by the reference, shall apply and the parties agree to comply with such terms.
3. Intellectual Property Rights
Service content, web app and trademarks: You are to acknowledge and agree that the Service provided by Bizmocard may contain content or features (“Service Content”) which are protected by copyright, patent, trademark, trade secret and similar proprietary rights and laws. Except when it is expressly authorized by Bizmocard, you will agree to not modify, frame, scrape, copy, rent, loan, lease, distribute, sell, or create any derivative works based on the Service of the Service Content, neither in whole nor in part, except that the foregoing does not apply to your own User Content (as per the below definition) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any method for data mining, scraping, robots or any similar data gathering or extraction methods. If you are blocked by Bizmocard from accessing the Service and the Product (which may include blocking your IP address) you are agreeing not to implement any measures to circumvent the blocking (by masking your IP or using any proxy IP address). Any usage of the Service and Service Content, other than the specifically authorized herein in strictly prohibited. The technology and web app underlying the Service or distributed in connection therewith are the property of Bizmocard. You are afreeing not to copy, modify, reverse engineer, create a derivative work, reverse assemble, or otherwise attempt to discover the source code, assign, sell, sublicense or anyway transfer any right in the web app. Any right that has not been expressly granted herein, are all reserved by Bizmocard. The Bizmocard name and logos are trademarks and service marks of Bizmocard (collectively the Bizmocard Trademarks). Any other Bizmocard or service marks of their respective owenrs who may or may not endorse or be affiliated with of connected to Bizmocard. No point in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise any license or right to use any of Bizmocard Trademarks displayed on the Service, without our prior written permission in each of the instances. All goodwill generated from the use of Bizmocard Trademarks will inure to our exclusive benefit.
User content transmitted thorough the service: With respect to the Content or other materials you are thinking about transmitting through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you do won all the rights, title and interest in and to such User Content, including without limitation all copyrights and rights of publicity contained therein. By transmitting any of the User Content through the Service, you are hereby granting and will be granting BizomiCards a license to perform the actions necessary for delivering User Content to the intended recipients. You will also be acknowledging and agreeing that the User Content does not include any System Data. All System data is owned by BizmoCrads. “System Data” means aggregated and anonymous user and other kind of data regarding the Services that may be used for generating logs, statistics and reports regarding performance, integrity, availability and security of the Services. System Data does not include the contact information or Personal data of your contacts that you have uploaded or receive through the Service.
You are also acknowledging and agreeing that any questions suggestions, comments, ideas, feedbacks and other information about the Service and product by you to Bizmocard (“Submissions”) and any User Content that you make available through the Service in a manner that allows other Users of the Service and/or members of the general public not specified or identified by you to access your User Content (“Public User Content”) are non-confidential and Bizmocard will be entitled to the unrestricted use and dissemination of these submissions and Public User Content for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are acknowledging and agreeing that Bizmocard may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure in reasonably necessary to: (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms of Service, (c) respond to claims that any content violates your rights, (d) protect the rights, property or personal safety of Bizmocard, its users and the public. You also have to understand that the technical process and transmission of the service, which also includes your content, may involve (a) transmissions over various networks and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Indemnity and Release
You are agreeing to release, indemnify and hold Bizmocard and its officers, employees, directors, and agents (collectively “Indemnitees”) harmless from any form any and all losses, damages or expenses which includes reasonable attorney fees, claims, rights, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connteion to the Service, your violation of these Terms of Services or your violation of any rights of any other kind. Notwithstanding the foregoing, you will have no obligation to indemnity of hold harmless any indemnity from or against any liability, damages, losses or expenses incurred as a result of any action or inaction of such indemnitee. If you are a California resident, you get to waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your use of the Service is always at your own risk. The Service is provided on an “As Is” and “As Available” basis. Bizmocard expressly disclaims all warranties of any kind, whether expressed, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for any particular purpose, title and non-infringement.
Bizmocard does not make any warranty that, (i) the service will meet all your requirements, (ii) the service will remain uninterrupted, always on time, completely secure and error-free, (iii) the results that may be obtained from the use of the Service will be accurate and reliable at all times, or (iv) the quality of the services, products, information or any similar material purchased or obtained by you through the Service will meet all your expectations.
6. Limitation of Liability
You are expressly understanding and agreeing that Bizmocard will not be liable for any incidental, indirect, special, consequential, exemplary damages or damages for loss of profits including but not limited to, damages for loss or goodwill, use, data or other similar intangible losses (Even if Bizmocard have been advised of the possibility of such damages,) whether based on contract, negligence, tort, strict liability or otherwise, resulting from, (i) the use or the inability to use the service, (ii) the cost of the procurement of substitute goods and services resulting from any data, goods, information or services purchased or obtained or messages received or transactions entered into through or from the service, (iii) Unauthorized access to or alteration of your transmission or data, (iv) statements or conduct of any third party on the service or (v) any other matter relating to the service. In no event will Bizmocard’ complete liability to you for all the damages, losses or causes of action exceed the amount you have paid Bizmocard in the last six (6) months or if greater than one hundred ($100) dollars.
Some jurisdictions won’t allow the disclaimer or exclusion of the certain warranties or the limitation or exclusion or liability for incidental or consequential damages. Accordingly, some of the above limitations set for above may not apply to you or be enforceable with respect to you or are intended to be only as broad as is permitted under the laws as applicable in the state. If any of the portions of these sections gets held to be invalid under any applicable laws, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections. If you are dissatisfied with any portion of the service or with these Terms of Service, your sole and exclusive remedy is to discontinue the use of the Service we are providing.
7. Dispute Resolution By Binding Arbitration
It is crucial that you read this section of the as it is going to affect your rights.
(a) Agreement to Arbitrate
This is the Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement”. You are agreeing that any and all disputes of claims that have arisen so far or may arise between you and Bizmocard, whether out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through this final and binding arbitration, rather than at a court, in accordance to the terms of this Arbitration Agreement, except that, you may assert any individual claim in a small claims court, if the claims you are about to make qualify. Further, this Arbitration Agreement will not preclude you from bringing any issues to the attention of the federal, state or local agencies and any such agency can, with the permission of relevant laws, seek relief against us on your behalf. You are agreeing that, by entering into this particular Terms of Service, you and Bizmocard are both waiving the right to a trial by jury or to participate in a class action. Your rights will now be determined by a neutral arbitrator and not a judge or jury. The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of class and representative action and non-individualized relief
You and Bizmocard both are agreeing that each of us will be within rights to bring claims against the other party only on an individual basis and not as a plaintiff of class member in any purported class or representative action or proceeding. Unless both you and Bizmocard agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceedings. Also the arbitrator may award relief (which may include monetary, injunctive and declaratory relief) only in the favor of the inidvidula party seeking relief and only to the extent necessary to provide relief, necessitated by that party’s individual claims(s)., except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
(c) Pre-arbitration dispute resolution
Bizmocard is always interested in resolving the disputes amicably and efficiently and most customer concerns can be resolved rather quickly and to the satisfaction of the customers by emailing customer support at www.bizmocard.com. if such efforts end up proving unsuccessful, and the party which intends to seek arbitration should send the requirement to the other party first. This should be done via email and a form provided for this purpose on the website www.bizmocard.com. The email must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Bizmocard and you cannot resolve the claim within sixty (60) calendar days after the notice is received, then you or Bizmocard, any of the parties can begin the process of arbitration proceedings. During this arbitration, the amount of any settlement offer made by Bizmocard or you shall not be disclosed to the arbitrator until after the person decides on an amount, if any, to which Bizmocard or You are entitled.
(d) Arbitration procedures
The arbitration process will be conducted by a neutral arbitrator which will be in accordance with the rules of the country form where you are purchasing and using the Service. The arbitrator must also follow the provisions of these Terms of Services as a court would. All issues are for the arbitrator to decide and that too will include issues relating to the scope, enforceability and arbitrality of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damaged and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court but that will happen due to very limited reasons.
Unless Bizmocard and you agree otherwise, any arbitration hearing will take place at a location convenient for both parties and it will be decided based on the consideration of both parties’ ability to travel and other pertinent circumstances. If the parties cannot reach a resolution regarding the location, the determination will be made by the relevant authorities. If your claim is $10,000 or less than that, Bizmocard agrees that you may choose whether the arbitration will be will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the rules of the concerned country. If your claim exceeds the $10,000 the right to a hearing will be determined by the rules of the relevant authorities. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award will be based.
(e) Costs of arbitration
Payment of all the filing, administration and arbitrator fees, (collectively the “Arbitration Fess”) will be governed by the rules of the relevant country or otherwise provided in the Arbitration Agreement. If the value of the relief sought after is less than $75,000 or less, as your request, Bizmocard will pay all the Arbitration Fees. If the value of the relief sought is more than $75,000, and you can demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Bizmocard will pay your portion of such fees. In addition, if you are to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bizmocard will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of the attorneys’ fees will be governed the rules of the relevant country.
Every aspect of the arbitration proceeding and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decided that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) if invalid of unenforceable, the parties agree to replace such a term or provision with a term or provision that is valid and enforceable as per their modification. If a court or the arbitrator decides that any of the provisions of subjection (b) above titled “Prohibition of Class and Representative Action and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such prohibitions are deemed to be invalid and unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms or Service will continue to apply.
(h) Future changes to arbitration agreement
Notwithstanding any provision in this Terms of Service to the contrary, Bizmocard agrees that if it makes any future change to this Arbitration Agreement (other than a change to the contact details) while you are a user of the Services, you may reject any such change by sending BiozmoCards a notice within thirty (30) calendar days of the change to the contact details provided above. By rejecting any future change, you are agreeing that you will attribute any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You are agreeing that Bizmocard, in its sole discretion, may suspend or terminate your account (or any part thereof) of use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Bizmocard believs that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Bizmocard may also in its sole discretion and at any time discontinue providing the Service or any part thereof, with or without any notice. You are agreeing that the any termination of your access to the Service under any provision of this Terms of Service may be effected without any prior notice, and acknowledge and agree that Bizmocard may immediately deactivate of delete your account and all related information and files in your account and/or bar any further access to such files of the Service. Further, you are agreeing that Bizmocard will not be liable to you or any other party regarding the termination of your access to the Service.
9. User Disputes
You are agreeing that you are solely responsible for your interactions with any other user in connection with the Service and Bizmocard will have no liability or responsibility with respect thereto. Bizmocard reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Bizmocard and govern your use of the Service, suspending any prior agreements between you and Bizmocard with respect to the Service. You also may be subject to additional terms and conditions that may apply when you are using affiliate or third-party services, but as with us you are not going to access any third-party service, you won’t have to worry about this point. These Terms of Service will be governed by the laws of the state or country or both without regards to its conflict of law provisions. With respect to any disputes or claims not subjected to arbitration, as mentioned above you and Bizmocard agree to submit to the personal and exclusive jurisdiction of the state and the federal court located to the country and area from where the service is being accessed. Failure on part of Bizmocard to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, all the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these terms of service remain in full force and effect. You are agreeing that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of the Service of these Terms of Service must be filed within one (1) year after such a claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial and administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Bizmocard, but Bizmocard may assign, sublicense or transfer any or all of its rights and obligations under this Terms of Service without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via emails. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
11. Your Privacy