Acceptance of Terms
Biztracx provides its Service (as defined below) to You through its web site located at www.biztracx.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, you must not accept these TOS and may not use the Service. Biztracx Unit may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
Description of Service
The “Service” includes (a) the Site, (b) the Biztracx E-Commerce comprehensive solution and services provided through the Site and by the Biztracx API made available via the Site, and (c) all software, data, text, images, and content made available through the Site or services, or developed via the Biztracx API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions / Access and Use of The Service
Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Biztracx Unit. You shall not modify, adapt, or hack the Service to falsely imply any sponsorship or association with Biztracx Unit, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You are responsible for all information, data, text, messages, or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. The system will automatically detect such behavior and intimate with a notification. You may create separate logins for as many people as Your plan or subscription allows. Biztracx Unit reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Biztracx Unit’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Biztracx Unit will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service. The failure of the Biztracx Unit to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Biztracx Unit, even though it is electronic and is not physically signed by You and Biztracx Unit, and it governs Your use of the Service and takes the place of any prior agreements between You and Biztracx Unit.
Terms & Conditions
You may access and use the Service only for Your internal business needs and purposes as contemplated in these Terms & Conditions. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms & Conditions; (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. Your purchase of the Service (“Plan or Subscription”) purchased on the official site https://www.biztracx.com grants You access to the features for the selected plan. One (1) purchase provides you access to a single (1) promo code (“Code”), which You are required to redeem on the Service URL address: https://www.biztracx.com. Upon the registration, you are required to fill in the necessary data in order to successfully complete the registration. Each promo code purchased on the Biztracx page shall be redeemed only once (1 time). Each additional redemption of the same promo code is not permitted to reuse for your account. You are required to redeem your promo code(s) before the published date. Any request sent (both written or oral) sent after this deadline to the Biztracx Unit will be rejected. Biztracx Unit reserves the right to make no exceptions after this deadline. Each additional User added to Your Service account is subject to the selected plan or subscription. You will be notified via email notification, upon inviting your staff members to Your account. Additional agents added to Your account by upgrading your current plan or subscription. Upon the first charge You shall be asked to enter Your valid billing data containing Your (a) Full Name; (b) Valid Email Address; (c) Valid name of your Company; (d) Valid Address #, City, Pin Code and State) (e) additional details of your company based on Your local legislation. You are required to fill valid, true, accurate, and verified data only. Upon the first charge of the usage of additional Users, You shall be asked to select Your preferred payment method. To renew or upgrade your plans Biztracx Unit provides simplified payment gateway details.
Account Terms
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your username and password. BizTracx Unit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You must not misrepresent yourself or take on the identity of someone else while using this service.
- You may not use the Service for any illegal or unauthorized purpose.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your Account. While Biztracx Unit prohibits such conduct and Content on the Service, you understand and agree that Biztracx Unit cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payment, Refunds and Billing Changes
Payments The Service is made available on a pay-as-you-go basis and is charged at the start of Your selected subscription term (monthly/ yearly). If You do not renew your account, then account will be resumed and won’t allow any activity to perform, but you can able to view it. Upon successful renewal only again, you can use your account. Subscription Cancellation you can only cancel your subscription by providing a necessary reason. Once you requested the subscription cancellation, we preserve your data for 90 days. After 90 days your data deleted permanently from the Biztracx system. Plan and Price Changes If you choose to upgrade Your plan during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Biztracx Unit does not accept any liability for such loss. Prices of all Biztracx plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, Biztracx Unit reserves the right to contact You about special pricing if You maintain an exceptionally high number of end-users or an unusually high monthly ticket ratio per agent. In such situation, an Enterprise Subscription Agreement (described below) may be more appropriate for You. Billing, Receipts and Privacy The account owner will receive an email receipt upon each billing charge. Biztracx Unit uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Biztracx Unit. Billing Changes & Updates The Owner of the account is entitled to request an update to the billing information contained on the invoices for the usage of the Service. The update must be requested via email sent to contact@biztracx.com within the first 15 days of the last invoice issue. A credit memo and an updated invoice containing the new billing information will be issued to You. Requests submitted past the 15 days since the last issue will be rejected and You will have to wait for the new invoice to be issued on the next billing date. VAT ID handling If the customer has been assigned with a proper and valid VAT ID (according to Indian Law), the customer is solely responsible for applying the VAT ID in the necessary field in their customer profile. Biztracx Unit will not be refunding any customers who fail to apply their VAT ID on their own.
Annual Plans
Annual plans are applicable as chosen the plan or subscription by the customer’s account based on the mutual agreement shall last for the period of 12 months only. In case the customer decides to discontinue the usage of the Service before time period ends, he is eligible to get refund for the remaining unused value. Biztracx Unit allowed you to communicate the right to refund the remaining amount as the cancellation fee.
Cancellation and Termination
You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by an email sent to support@biztracx.com with a request to cancel account. Biztracx Unit will respond to this email and cancel Your account within one business day. Another option of cancelation of Your account is “Stop Account” button located in “My Account” section. By canceling Your account, You will lose access to all of content upon cancellation and the Biztracx Unit will delete it in its normal course of business operations. This information cannot be recovered once the account is cancelled. If You cancel Your account from “My Account” section of the Service before the end of the current paid-up subscription period, the cancellation will take effect immediately and You will not be charged again. In case of the cancel request sent via mail, You are requested to wait for the confirmation from Biztracx Unit. Biztracx Unit reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Biztracx Unit believes that You have violated these TOS. Biztracx Unit will use all reasonable efforts to contact You directly via email or phone to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Biztracx Unit shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Disclaimer of Warranties
The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and Biztracx unit expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Biztracx unit does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Biztracx unit or through the service shall create any warranty not expressly stated in this TOS.
Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Biztracx unit be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, Biztracx unit shall not be liable for any direct damages, costs, losses or liabilities.
Assignment
Biztracx Unit may assign or transfer this TOS, in whole or in part, without restriction.
Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.