2. Acceptance of Terms

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing rules and regulations, privacy policy and user agreement for access or usage of ClickBiz online marketplace (http://clickbiz.in) and all ClickBiz products, services and solutions (hereinafter ‘platform’).

The platform is owned by Top Hat Enterprises, having its registered office at N-66, Verna Industrial Area, Phase II, Chicalim, Goa, 403722, India.

Your use of this platform and its products, services, solutions and tools are governed by the following terms and constitute acceptance of all terms, policies and rules, and will be binding on you, your heirs and all your and your heirs’ legal representatives.

For the purpose of these terms, wherever the context so requires ‘You’ or ‘User’ shall mean any natural or legal person who has agreed to become a buyer on the platform by providing data including any registered users. The term ‘ClickBiz’, ‘platform’, ‘We’, ‘Us’, ‘Our’ shall mean ClickBiz, its holding business, their subsidiaries, any group business and affiliated businesses.

When you use any of the services on the platform, including but not limited to product reviews, comments, feedback, you will be subject to the terms, rules, guidelines, policies and conditions applicable to such service, and they shall be deemed to be incorporated into these terms and shall be considered as integral to these terms.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms at any time without any prior written notice to you. You shall ensure to review these terms periodically for updates or changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the platform. By impliedly or expressly accepting these terms, you also accept and agree to be bound by all other policies including but not limited to the privacy policy as amended from time to time.

 

3. Prohibitions

These terms inform clients using our website development services not to host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which the user does not have any right to;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation 

We retain the right to terminate any account or user who has violated any of the above prohibitions.

 

4. Descriptions

Among other products and services, our platform allows you to create, customise and update an online website and be identified as a registered user after payment for services. Once registered, each user receives his or her own website and may post ‘content’ (as defined below).

‘Content’ may be defined as data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials that they post on their website using our platform or provided third party services.

Your website is based on third party technologies and further modified with specific software-based tools and add-ons to help you use and manage your website more easily. Your website has a domain name bought for you from a third party registrar and is set up on third party hosting.

‘Services’ is used in a consolidated sense to refer to these third party services including domain name registration, website themes, plugins, add-ons, custom website design and development, email and hosting, that are used by us to provide you with a domain name, the technology for your website and its plugins, tools and other add-ons and to set up and maintain its hosting.

‘Resources’ means any and all software, text, software documentation, designs, UX/UI (look and feel), layout, photographs, graphics, audio files, videos, messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through ClickBiz platform or third party services.

‘Third Party Materials’ refers to any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials.

Any new features on the platform including new products, services, solutions, tools and resources shall be subject to these terms. To use our platform, your hosting and your website, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access to your internet service provider. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled computer or device such as a tablet or a smartphone. The website may contain certain add-ons and communications from us and providers of different software used to run your website. These may include service announcements, administrative messages, update notifications and even newsletters. You may not host the website you have obtained from us for free with our hosting plan with any other hosting provider other than the hosting company we provide you.

We additionally offer online marketing, research and business consultancy services the terms of which are defined under a specific verbal or written agreement for each client through offline or online meetings, correspondence or chat.

 

5. User Data Usage

To make a purchase from us, you have to provide us with your valid email address, address and phone number and other personal information, and make the payment. We do not use your information except to bill you for services rendered and to email you important notifications. More details are provided in our Privacy Policy.

 

6. User Eligibility and Registration Obligations

This platform and third party services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who can be deemed as ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the platform or third party services. If you are a minor, i.e. under the age of 18 years, you shall not register as a user of the platform.

Nonetheless, if you wish to use the platform as a minor, such use may be made by your parents or legal guardians on your behalf. ClickBiz reserves the right to terminate your membership and/or refuse to give you access rights to the platform and services if it is brought to our notice or if it is discovered that you are under the age of 18 years.

For users above the age of 18 years:

1. You will be registered as a verified owner after you make a purchase from us and a user account may be opened for you on our platform if needed
2. You are also assigned admin rights on your website if you buy it from us and we set it up

All of these user accounts are created using your primary email id.

You will be able to modify the passwords. As a verified owner on our platform, you will be able to review our products and services and provide your feedback.

You are responsible for maintaining the confidentiality of your accounts and passwords, and for all activities that occur under your accounts.

As consideration for your use of our platform including third-party domain registration and hosting, you agree to maintain and update true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have grounds to believe that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the platform or any other service.

 

7. Account and Security

You are responsible for maintaining the security of your admin accounts , and for all activities that occur or actions taken under the said accounts. You agree to immediately notify us in writing of any unauthorised uses of the accounts or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will ClickBiz, its holding business, their subsidiaries, group businesses, affiliates, or any of their officers, directors, employees or consultants be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

 

8. Proprietary Rights & Obligations

The platform and all related products, services and solutions are owned by ClickBiz. The platform uses and displays content, features and functionality, including but not limited to software, codes, content copy, copyrights, trademarks, logos, taglines and all other content that are owned by ClickBiz or other third parties, that are protected by Indian and other international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws. No portion of the platform or services may be copied, reproduced, displayed, transmitted or otherwise used for any purpose without the prior written permission of ClickBiz or the respective third-party IP owner, or except as otherwise specifically provided herein. ClickBiz reserves all rights that are not expressly covered in these terms.

The platform and third party services, all confidential and proprietary software used in connection therewith, resources, content contained in sponsor advertisements or in information presented to you through the services or by advertisers, and all other materials, products and services provided by or through ClickBiz are protected by copyright, trademark, trade secret or other intellectual property laws. You are solely responsible for ensuring that your use of such resources, including any royalty-free or licensed media made available through the services is done solely in accordance with all relevant laws, and any terms or conditions applicable to such resources.  In no event shall ClickBiz be liable to you or any third party for your use of resources in violation of law, or any terms or conditions applicable to such resources.

You may use the resources to the extent, and only to the extent, necessary to access and use the platform and services in accordance with these terms and, in the case of resources owned by third parties made available to you by or through ClickBiz platform or third party services, any third-party terms or conditions applicable to such resources. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the resources, or otherwise distribute in any way the resources other than as specifically permitted in these terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the platform, services or resources, create derivative works based on or in any manner commercially exploit the platform, services or resources, in whole or in part, other than as expressly permitted in these terms. Any use of the platform, services or resources for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these terms.

All trademarks, service marks, logos, slogans, and taglines are the property of ClickBiz or their respective owners. Except as otherwise specifically provided herein, no license or right to use any trademarks, service marks, logos, slogans, and taglines is granted to you without the express written permission of ClickBiz or the respective third-party owner.

 

9. Content Rights

ClickBiz does not claim ownership of your content but by using our platform and services you give us, our holding business, our subsidiaries, group businesses, affiliates, and successors your non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable permission worldwide to: 

1. Host your content on the services and to perform all acts necessary to host your content on the services including but not limited to using, copying, reformatting, reproducing, modifying, adapting, publishing, preparing derivative works, publicly performing and distributing the same in any media
2. Undertake technical processing and transmission of the services, including content, which may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices

Unless otherwise agreed in writing by an authorized ClickBiz representative, any material, information or idea you transmit to us by any means may be disseminated or used by us, our holding business, our subsidiaries, group businesses, and affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision will not apply to your content or to personal information and user credentials that are subject to our privacy policy.

 

10. Content and Related Obligations

All content is the sole property of the person from which such content originated. You are responsible for all content that you upload, post, transmit or otherwise make available via the platform or services, including creating backup copies. We do not control the content you post using the services. Your content does not include non-personally identifiable buyer/seller transactions or behavioural data derived from the use of our platform. We own all our platform data, except those owned by third parties, and use it for operations, improvements and analytics.

By using the services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your content or the content of any third party, including, but not limited to, for any errors or omissions in your content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the services. You acknowledge that we do not pre-screen your content, but that we shall have the right but not the obligation to refuse, move or delete any content that is available using the services. We shall also have the right to remove any content that violates these terms or is otherwise objectionable at our sole discretion. You must evaluate and bear all risks associated with the use of any content. You may not rely on any content created by us.

You acknowledge and agree that we 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 is reasonably necessary to comply with legal process, enforce these terms, respond to claims that any content violates the rights of third parties, or protect our rights, property or personal safety and those of our users and the public.

 

11. Fees and Payments

You may agree to one-time, monthly or yearly contract agreements with ClickBiz. Some components of the platform and services require payment of fees, and this has been described for each product on the platform. If you sign up for these components, you must pay all applicable fees.

We reserve the right to change our prices and/or bundle certain products together for pricing purposes and may do so at any time. You authorise us to make any reasonably necessary inquiries to validate your account and financial information.

All prices are in INR and do not include any taxes, cesses, levies, duties or similar statutory assessments of any nature, including, for example, GST, Cess, or other taxes, assessable by any jurisdiction. The taxes are added during the time of payment of fees. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority.

If you purchase any product or service that we offer on the platform or using third party services, you consent to ClickBiz or our third party service providers storing your bank account or card information and you authorise us to charge you any fees for products and services you may purchase, and any applicable taxes in connection with your use of the products or services to the bank account or card you provide. Furthermore, you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the provided bank account is closed or card expires and you do not provide a new bank account or card information or cancel your account, you authorise us to continue billing you and you will remain responsible for any uncollected fees.

For recurring subscription payments, your contract will automatically renew at the end of the contract term for an additional contract term of the same length unless you cancel your account, and your preferred payment method will be charged accordingly. You may turn off the auto-renew feature for your current contract at any time. You may send cancellation requests by emailing us at hello[at]clickbiz.in.

 

12. Cancellation and Modification Terms

If you terminate your usage of the platform and services, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or content.

We will seek to update, improve, and expand our platform and our services on an ongoing basis. We may modify data storage limits, add or delete website themes, and replace, deny access, suspend or even discontinue the platform or service, partially or wholly, or modify prices for all products or services or a few of them at our sole discretion. All of these changes are effective upon their posting on our platform and any direct communication to you shall not be needed.

We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us in our sole discretion to be contrary to these terms. Consequently, we request you to take continual backups of your website so that you have a fail-safe option in case the website theme or product is no longer supported by us.

We also reserve the right, in our sole discretion, to limit or cease email, phone or chat support to you if you consume a disproportionate amount of services or otherwise negatively affect our ability to provide support to other customers.

 

13. Refund

The free hosting, free domain and free set-up offer with website product comes with a three (3) calendar days refund policy if the domain name has not been purchased or the website has not been set up. If any services have been provided to the customer or steps taken to provide the same within those three (3) calendar days, then the fee paid is refunded after deducting costs of the domain and any other services, including but not limited to transaction and administrative costs.

All other one-time, monthly or yearly contract products and services are subject to the same refund terms.

All refund requests are to be mailed to hello[at]clickbiz.in with the subject line: Refund Request.

If any such refund originates from the downgrade of a service, then a pro-rated credit will be issued to your ClickBiz account for the difference in the cost of the two services for the remainder of your original contract period. This credit is adjusted against future payments and not refunded in cash. It should be noted that downgrading your account may result in the loss of content, features, or capacity of your account. We do not accept any liability for such loss.

 

14. Third Party Materials

ClickBiz is not responsible or liable for any loss or damage incurred as a result of your use of any Third Party Materials whether or not you were linked to or directed to any Third Party Materials by or through the platform or services.

We do not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the platform or services is done solely in accordance with all relevant laws and the terms and conditions of any applicable licenses or other agreement.  In no event shall ClickBiz be liable to you or any third party for your use or alleged use of any Third Party Materials.

Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to Instamojo, PayPal, PayTM and UPI payment options, may be subject to applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials.

Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the platform or services does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the platform to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Third Party Payment Processors: ClickBiz uses third party payment processors to assist us in securely processing your personally identifiable payment information. Use by such third party processors of your personal information is governed by their respective terms and privacy policies which may or may not contain privacy protections as protective as the ClickBiz Privacy Policy. The current third party payment processing vendors are listed below in alphabetical order:

1. Cashfree
2. RazorPay
3. Instamojo
4. PayPal
5. PayTM
6. UPI

 

15. Reseller Agency

If you use our platform and services to cater for your third party client, your use of the platform and service shall be subject to the additional terms set forth under this section.

1. Your relationship with your client is strictly between you and the client. We will not be a party to any agreement you have with your client. The manner and means that you choose to perform your services are in your sole discretion and control. However, you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these terms
2. You accept full responsibility for all client websites under your account and for each client website’s adherence to these terms
3. While we allow agencies and resellers to offer our service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain this private label
4. You may not group multiple client sites under one account owned by you
5. In the event your client contacts us, we will direct them to contact you. In the event you fail to support your client and we receive a request from your client stating that you have not been responsive, we reserve the right to support your client directly
6. Payments for your use of our services is based on the per-engagement model. All service charges are billed to your bank account or card on file for your ClickBiz account
7. Monthly service charges, if any, are billed each month for the upcoming month’s service, based on the total service charges of all client websites. If a new service is provided mid-month, a pro-rated amount will be included on your next month’s invoice
8. No refunds will be given for any days remaining in your current billing cycle
9. You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every client service provided by us under your account. If at any time the billing obligations of any client website are not met, we will have the right to disable the client website until the billing obligation is met

 

16. Resale of Service

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the platform or services without our express written permission, which may be in the form of a separate written agreement with ClickBiz.

ClickBiz can be used by resellers and agencies to cater to their third party clients. Such use is explicitly permitted under the Reseller Agency terms above.

 

17. Domain

This section applies to all ClickBiz registered owners and users who have used our services to secure free or paid domain name registration services (hereinafter ‘domain services’).

Your use of the domain services provided by ClickBiz serves as your consent to these terms. Some of the service packages include ClickBiz registering an Internet domain name or renewing your existing domain name on your behalf. For the purpose of procuring and/or maintaining domains, ClickBiz will act only as the agent between you and the domain name service provider responsible for domain name allocation (hereinafter ‘registrar’), which will be GoDaddy.com. All new registrations and subsequent renewals of those registrations will therefore also be subject to the GoDaddy.com terms and conditions located at: https://in.godaddy.com/legal/agreements. ClickBiz reserves the right to utilise another domain name service provider at any time, in which case the terms and conditions of such organisation will apply complementarily to these terms and such other domain name service provider shall be deemed a ‘Registrar’ for purposes of these terms.

ClickBiz may provide one free domain name for up to one year or more, with the purchase of a new annual subscription plan. The domain will be included for the lifetime of your ClickBiz account, and the domain will be registered in your name and will remain with you as long as you cover any applicable domain registration fees following the free domain registration and renewal years. The free domain name only applies to certain top-level domains (e.g. .com, .net, .org and .in) when signing up for a new plan, provided the annual cost of the domain is not more than 15% of your subscription fee for the first year and not more than 20% of the subscription fee for subsequent years.

You are responsible for providing your or your client’s correct and complete data regarding the domain name holder (hereinafter ‘registrant’) and the administrative contact when registering the domain name. ClickBiz will serve as the technical contact for such time as you are using ClickBiz services.

Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. We will defer activation of a domain name until payment of the agreed fees for the registration services has been received.

ClickBiz is in no position to influence the allocation of the domain name by the registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in your name as the registrant, and its entry in the database of the registrar.

The initial registration term for purchased domains will be for 12 months and such registration will auto-renew for successive 12-month periods. You may be charged for auto-renewal thirty calendar days before your domain expires, despite the fact that the date may differ from your ClickBiz website subscription renewal date. You can, of course, opt out of auto-renewal by emailing us at hello[at]clickbiz.in. We may offer an auto-renew option in your settings. Each purchased domain name is registered in your name and is yours to keep, as long as you pay any applicable fees after the free period.

You will not receive any discount on or refund of fees paid for the hosting if you purchase a new domain, or renew an existing domain, and cancel your domain registration with ClickBiz by contacting us at hello[at]clickbiz.in. Your right and title to your domain name allow you to transfer a purchased domain to another domain provider.

Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through our platform or services using your ClickBiz account is covered by these terms.

Maintaining accurate and current billing information is a mandatory condition of maintaining your ClickBiz account. Such data must include the full and real name of the registrant, a physical mailing address that does not include PO boxes or anonymous addresses, a valid email address and a telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current bank account or card information, is not current, we will not renew your domain and it may subsequently expire.

Subject to these terms and those of the registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by the new service provider and ClickBiz. Should we, due to failure on the part of you, the account holder, or the new domain name service provider, be unable to make the domain transfer to your new domain name service provider, we are expressly entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.

It may not always be possible to recover a domain name after it has expired, and ClickBiz has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, ClickBiz will have the right, in its sole discretion, to:

1. Register and use the domain name for its own purpose;
2. Sell or transfer the domain name to a third party; or
3. Delete the domain name and allow any new registrant anywhere in the world to register the domain name anew

Further, you agree that ClickBiz may charge your account or card you have on file with ClickBiz to recover any amounts outstanding on your account.

On certain occasions, domain name registrations may become the subject of a legal challenge. If ClickBiz is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of ClickBiz’s costs and legal fees and to indemnify and hold ClickBiz harmless from any action.

If ClickBiz is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, ClickBiz may, at its sole discretion:

1. Lock or suspend your ability to use, make modifications to, or transfer your registration records; and/or
2. Deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

 You must notify us immediately if you lose the rights to a domain name registered by ClickBiz on your behalf.

 

18. Email

The email services provided to you by ClickBiz are offered using third party email service providers and as a part of the hosting package, and are to be used for official reasons only.

Your emails must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to ClickBiz and all recipients to whom you intend to send emails. Examples of applicable laws include laws relating to spam or unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, national security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of your email.

You are solely responsible for your products and services and any other promotion and content contained in or referred to in your emails. You agree to use the emails in a lawful, safe and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.

Your emails must follow all applicable guidelines and refrain from examples of practices provided below that may violate these terms and applicable laws:

You Will NOT:

1. Use the emails in violation of ClickBiz’s terms or of any law applicable to you or your Recipients
2. Use the emails to send spam. In case of marketing emails using your official email IDs, you must ensure that all recipients have explicitly granted permission to receive emails from you by affirmatively opting in to receive those emails. All emails and messages sent by using any email marketing service must comply with anti-spam policies, outlined below:
   1. ClickBiz has a no tolerance spam policy and does not knowingly or intentionally do business with any user or company that participates in sending spam or unsolicited business emails. We do not sell or exchange personal information from our opt-in lists
   2. An email is spam if, among other things:
      1. The recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;
      2. The recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent; and
      3. The transmission and reception of the message appears to give a disproportionate benefit to the sender
   3. Spam is an issue of consent, not content. A recipient should ‘affirmatively opt in,’ or expressly consent to receiving the message, either in response to a clear and conspicuous request or at the recipient’s own initiative
   4. If you receive spam complaints or run into compliance problems, or if ClickBiz identifies a potentially problematic contact list, we will first ask questions to try to understand your business as well as your marketing goals. If we determine that a list is not consent-based or is too old or problematic to work with, we will require that it be removed from your account. In certain instances, we may ask you to find another service provider because our goals are simply not compatible
   5. If you feel a ClickBiz user is sending unsolicited email, you can report it to us by sending your complaint to hello[at]clickbiz.in
3. Use the emails to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute
4. Use the emails to send campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other content that ClickBiz deems inappropriate in its sole discretion
5. Transmit any message, information, data, text, software or image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or otherwise objectionable which may violate another’s right of privacy or publicity
6. Send through emails any unethical, false or misleading advertising, promotions, or sales efforts and practices
7. Post or transmit any materials that contain a virus or corrupted data
8. Use purchased or rented email lists
9. Use third party email addresses, domain names, or mail servers without proper permission
10. Send emails to non-specific addresses or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses
11. Send emails that result in an unacceptable number of spam complaints even though the emails themselves were not actually spam
12. Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email. For any email or message sent by you, (a) the ‘from’ line must accurately and in a non-deceptive manner identify your identity or your organisation’s identity; and (b) the ‘subject’ line of your email must relate to the email’s actual content and must not contain any deceptive or misleading content regarding the overall subject matter of the email message
13. Fail to include in each email your valid physical mailing address or other additional details required under the law in the geographies where you operate
14. Include junk mail, chain letters, pyramid schemes, incentives such as coupons, discounts, awards or other incentives or other material in any email that encourages a recipient to forward the email to another recipient
15. Fail to comply with export and import regulations for India and other countries
16. Some industries yield higher than normal abuse rates for spam. Thus, the emails may not be used for marketing for certain industries or senders. These include, but are not limited to:
    1. Pharmaceutical and Lifestyle Products including Nutritional, Herbal and Vitamin Supplements
    2. Online Money Making, Work from Home, Get Rich Schemes, Multi-Level Marketing and Lead Generation Opportunities
    3. Online Trading, Day Trading Tips, Market-Related Content for Stocks, Forex and Cryptocurrency
    4. Loans and Other Debt Instruments
    5. Gambling Products and Services
    6. Affiliate Marketing or Rewards-based Marketing
    7. Counterfeit Products

You are responsible to ensure that your email content and recipients do not violate these terms. ClickBiz has no obligation to monitor or ensure legal compliance but may do so at our sole discretion. ClickBiz reserves the right to terminate, prohibit, suspend or block your email service and remove content to ensure compliance with these or partner terms or industry standards.

You comprehend and agree that we and any third party that supports, posts, publishes or distributes your emails and content also has the right to edit, monitor, reject, block or remove any of your emails and content and terminate, prohibit, suspend or block your email services. Under no circumstances will these aforementioned terms will render us responsible or liable to you for compliance with any such laws or obligations for which you remain solely responsible and liable.

If you know of or suspect any violations of these terms, please notify ClickBiz by mailing us at hello[at]clickbiz.in. ClickBiz will determine compliance with these terms in its sole discretion and reserves the right, without notice, to take all measures of any nature, legal, technical, or otherwise to prevent unsolicited email or any other unauthorised email, messages or campaigns from entering, utilising or remaining within the network. We may terminate your email services and your ClickBiz account at any time and for any reason. If your account is terminated, we may permanently delete it and any associated data.

We will obtain any information that you provide us in connection with your use of the email service, such as contact lists and content posted or used by you for your emails, or in any other manner. We acknowledge your ownership rights in such contact lists and content. We will not use, sell or rent your contact information for any purpose other than as described in our privacy policy and these terms. The email provider may also use your contact lists and other information provided by you as part of their services, and their terms will apply in addition to these terms.

You hereby grant us and our email services partners a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform and display your contact information, only as required to offer and operate the email services.

You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all contact information. You are responsible for maintaining, securing and storing all contact information in accordance with applicable laws and your contractual obligations, including these terms. You represent and warrant that you own or have rights in the material in your emails and the contact information required for us and our email services partners to use this information as aforementioned in these terms.

Our email services partner may make and preserve copies of all customer information as necessary to provide their email services and for internal backup and other legal or regulatory purposes. However, we do not do so and are not obligated to preserve copies of your contact information, emails and messages, content or any other data. You are solely and fully responsible for backing up this information to insure against losses.

We reserve the right, in our sole discretion, to limit the availability, quantity and accessibility of the email services to any person, geographic area or jurisdiction.

 

19. Indemnity

You agree to indemnify and hold ClickBiz, its holding business, their subsidiaries, affiliates and group businesses and their officers, directors, agents, employees and consultants, free from any blame and any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorney fees, or arising out of or related to your breach of these terms and other rules and guidelines, your violation of any law or the rights of a third party, or your use of the platform or services.

 

20. Disclaimer
    1. Your use of the platform and services is at your sole risk. The platform and services are provided on an “As Is” and “As Available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
    2. We are not responsible for any damage, loss of data, customer information or vendor data, revenue or other harm to your business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the platform or services, or other interaction with the platform or services. You are responsible for maintaining and backing up your data and information that may reside on the platform or services. ClickBiz does not warrant that: 
       1. The platform or services will meet your specific requirements;
       2. The platform or services will be uninterrupted, timely, secure, or error-free;
       3. The results that may be obtained from the use of the platform or services will be accurate or reliable;
       4. The quality of any products, services, information, or other material purchased or obtained by you through the platform or services will meet your expectations; and
       5. Any errors in the platform or services will be corrected
    3. The platform and services may contain inaccuracies and typographical and clerical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed through the platform or services. You acknowledge that any reliance on any such opinion, advice, statement, or information shall be solely at your own risk
    4. There are no guarantees and no warranties regarding online availability, impressions, and click-through of the platform and services and any material, information, links, resources or content presented on the platform or services. Any material, information, links, or content presented on the platform or services may be unavailable for online access at any time
    5. ClickBiz expressly disclaims any obligation to update the platform or services. However, we reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the platform or services. We may make any changes to the platform or services from time to time without any notice including changes to the terms, privacy policy and disclaimer. Any such new notice would take effect immediately upon their posting on the websites. You are requested to review these notices each time you use the platform or services, as they constitute a legally binding agreement between you and us
    6. Any material downloaded or otherwise obtained through the use of the platform or services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
    7. Any data, information, content or materials contained in or made available in connection with the platform or services is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. The platform or services do not provide tax or legal advice. You are responsible for obtaining such advice and we encourage you to do so prior to, and in conjunction with, using the platform or services
    8. These terms apply solely to the platform or services. As part of the platform or services provided to other ClickBiz users, we host websites for clients and partners. These websites include content generated by third parties and are not under our management or control. ClickBiz is not responsible for such websites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any such website is governed by the terms applicable to such website. Our hosting of any client or partner website is not an endorsement of any sort thereof by us of the client or partner website, or of the provider of such content or services of any such third party website
    9. Neither ClickBiz nor any third party providers, partners, or affiliates warrant that the platform or services, servers, materials or other services, or any email sent from the platform or services or any third party providers, partners or affiliates are free of viruses or other harmful components
    10. ClickBiz and its licensors make no warranty or representation that the platform, services, materials, or website are appropriate or available for use in all geographic locations

 

21. Limitation of Liability

To the extent permitted by applicable law, we will not be liable to you or any other person for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if we had been advised of the possibility of such damages, resulting from:

1. The use or the inability to use the service
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the service
3. Unauthorised access to or alteration of your transmissions or data
4. Statements or conduct of any third party on the service
5. Any other matter relating to the service.

In the event of any problem with the platform, services or resources, your sole and exclusive remedy, as permitted by applicable law, is to cease using the platform, services, and resources. To the maximum extent permissible by applicable law, neither ClickBiz, its holding business, their subsidiaries, group businesses, affiliates, nor licensors shall be liable in any way for your use of the platform, services, resources, your content, commercial products or third party user-generated content available on or through the platform, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the platform, services, resources, your content, commercial products or any third party user-generated content available on or through the platform.

Specifically, ClickBiz, its holding business, their subsidiaries, group businesses or affiliates, or any of their people including officers, directors, employees, representatives, affiliates and providers, will not be responsible or liable for:

1. Any injury, death, loss, claim, Act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind including without limitation to loss of profit or loss of savings, whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
   1. Any failure or delay including without limitation the use of or inability to use any component of the platform or services, or
   2. Any use of the platform or services or content, or
   3. Performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or
2. Any damages to or viruses that may infect your computer equipment or other property as the result of your access to the platform or services or your downloading of any content from the platform or services

 

22. Waiver

Any failure or delay by ClickBiz to enforce or exercise any provision of these terms, or any related right, shall not constitute a waiver by ClickBiz of that provision or right. The exercise of one or more of such rights shall not be deemed a waiver of, or preclude the exercise of, any rights or remedies available to ClickBiz under these terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorised representative of ClickBiz, provided that any such waivers will be subject to the provisions of the terms under the aforementioned section 21. Limitation of Liability.

 

23. Force Majeure

ClickBiz shall be excused from any delay or failure in performance required under any written or verbal agreement if caused by any Force Majeure.

 

24. Legal Jurisdiction and Governing Law; Class Action Waiver

These platform and services and these terms, privacy policy or disclaimer notice shall be subject to the exclusive jurisdiction of the courts of Goa and the laws of India. All disputes will be resolved amicably through mutual discussions or failing the same, under the provisions of the Arbitration and Conciliation Act, 1996. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

We believe in equity and will address your legal and equitable concerns or issues before any arbitration action is contemplated. Please contact us at hello[at]clickbiz.in. We will revert by email to informally resolve the dispute. You or ClickBiz may start a formal dispute resolution process through Arbitration if the dispute is not resolved within 30 days of your last submission.

You may only resolve disputes with us on an individual basis and you will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action such as class action, class arbitration, private attorney general action, or consolidation with other arbitrations.

Any claim relating to these terms that is not resolved through our informal process, or as set forth below, will be resolved finally and exclusively by binding individual arbitration with a single arbitrator under the provisions of the Arbitration and Conciliation Act, 1996.

The arbitrator shall be responsible for determining all admissible arbitration issues, including issues relating to whether the terms are enforceable, unconscionable or illusory and any defence to arbitration, including waiver, delay, laches, or estoppel. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect in any other case or arbitration.

For purposes of this arbitration provision, references to you and ClickBiz also include respective holding business, subsidiaries, group businesses, affiliates, agents, employees, predecessors, successors and assignees as well as authorised users or beneficiaries of the platform or services. Subject to and without waiver of the arbitration provisions above, you hereby agree that any arbitration or other judicial proceedings will be under the exclusive jurisdiction of the courts of Delhi and the laws of India. If any part of these terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

 

25. General

These terms and your use of the platform or services do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ClickBiz or its holding business, subsidiaries or group businesses.

We may provide notices to you via either email or regular mail. The platform and services may also provide notices of changes to these terms or other matters by displaying notices or links to notices to you generally on the platform or services. Any failure on the part of ClickBiz to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms constitute the entire agreement between you and us and govern your use of the platform and services, superseding any prior agreements, including, but not limited to, any prior versions of these terms.

You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.

The section titles in these terms and any part of the platform, services, social media or external media are for convenience only and have no legal or contractual effect.

 

26. Contact Information

To get in touch with us, please email us at hello[at]clickbz.in.