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1. Definitions and Interpretation
“Account” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the service.
“Content” means all visual, written or audible data, information or material including any hyperlink, text, image, logo, word, sound avatar, document, spreadsheet, text message, form entry, web page, and any other file or data or any similar material, including each of the foregoing that is uploaded to, transferred through, publicly posted, processed or entered into the Services by You;
“Data” means information and data about users or usage of the Services;
“Intellectual Property Rights” means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world;
"Software" means the Bizantra software programme(s) and third party software programmes in each case supplied by Bizantra and accessed locally through your PC or via the internet, as well as corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to You.
“Trial Account” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the service within the trial period.
“Website” means Websites at http://www.Bizantra.com, http://www.Bizantra.co.uk and any other associated Bizantra domains; and
1.2.1 Any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
1.2.2 References to any legislation, statute or statutory provisions includes a reference to those provisions as amended or re enacted or as their application is modified by other provisions from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
1.2.3 Any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
1.2.4 References to the singular include the plural and in each case vice versa.
2. Acceptance of Terms
3. Provision of Services and Software
3.4 The Software provided by Us to You, any copies thereof made by You are and shall remain Our exclusive property.
- Distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Service
- Attempt to decompile, reverse engineer or otherwise disassemble any part of the Service;
- Attempt to copy any software provided to You as part of the Service and in particular its source code, or attempt to decrypt any part of such software that is provided to You in an encrypted form;
- Create any derivative version of any software provided by Us to You including any translation or localisation of such software, or break down any software into its component parts;
- Redistribute, encumber, sell, rent, lease or otherwise use the Services in a timeshare or service bureau relationship;
- Use any information or functionality in the Services for the sending of spam, MP3 files, music files, video files or executable program files, any unreasonably large files, or any other file that has a disproportionate number of hits for the number of pages or network transfers;
- Use any part of the Services to upload post or transmit viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software, files or programs that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or network equipment;
- Use any part of the Services to create a false identity, to impersonate any person or organisation, or attempt to disguise the origin of any Content; or
- Use the Services or any part thereof to infringe any Intellectual Property Rights of any third party.
3.6 You may not register, operate or otherwise control more than one Bizantra user Trial Account.
4. Services and Access to Services
4.1 We reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of the Services, at any time without prior notice.
4.2 The Services are normally available over the Internet on a 24×7 basis. We shall be entitled to take measures that affect the aforementioned accessibility where We deem such measures to be necessary for technical, maintenance, operational, or security reasons. You acknowledge that Your access to the Internet cannot be guaranteed and that We shall not be liable for deficiencies in Your own Internet connections or equipment.
5. Your Obligations
5.1 You shall comply with the security and administrative regulations as notified by Us in conjunction with registration, by email or in any other manner from time to time.
5.2 You undertake, in conjunction with registration, to provide correct information regarding Your identity and a correct and legitimate email address.
5.3 You shall be responsible for the activities conducted through Your use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by You shall be Your sole responsibility.
5.4 You are responsible for monitoring Your Account and shall be liable to Us for ensuring that Content transferred to or handled within the Services which is processed by You and/or individuals invited by You to do so does not: (i) infringe any third party rights; (ii) violate any applicable law or regulation; (iii) harm the reputation of a third party; (iv) constitute a dissemination of a business secret or confidential information; (v) incite a third party to commit or participate in a crime; (vi) constitute a threat, abuse or harassment, and that You possess such necessary licences from third parties as may be required in order to process the Content and use the Services. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all claims, damages, loss, expenses, costs and disbursements suffered by Us as a result of a breach by You (or one of Your personnel) of this clause 5.
5.5 You are not permitted use the Services in order to gain material in violation of law, regulation or material which in any manner contravenes generally accepted practices.
5.6 You shall not attempt to obtain or compile Data about other users’ usage of the Services, invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or body corporate to carry out such acts and You shall not make available libellous, defamatory, abusive, derogatory, inflammatory or obscene Content.
5.7 You agree not to use or launch any automated system, including “robots”, “spiders” or “offline readers” that access the Services in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services and not to use the Services to contact users other than those in your Account or who are personally known to you.
5.8 In relation to individual users, You agree that in using the Services You will provide a specific named email address for your account that is Your personal, business or company address and is not an email address shared or associated with multiple users or group of people. You agree that only You will access Your account using this email address and that You shall not provide your personal login details to any other person.
5.10 You can use Bizantra as much as You like up to a fair bandwidth usage limit of 10GB a month. If You exceed these limits or We feel that Your activities are so excessive that the Service may be detrimentally affected, We may give You a written request to limit Your usage or purchase add on capacity (by email or otherwise). In extreme circumstances, if the levels of activity don’t immediately decrease or You choose not to purchase add on capacity in line with our instructions after the request, We may terminate or suspend the Service.
6. Notification of Unauthorised Acts
6.2 In the event that You notify Us in accordance with clause 6.1 above, You shall co-operate fully with Us by providing Us with all information that is reasonably requested by Us from You.
7. Proprietary Rights in Content
7.1 Under no circumstances shall You or a third party acquire any Intellectual Property Rights to the Services.
8. Warranties and Disclaimers
8.1 We warrant that We shall use reasonable endeavours to ensure that the Services We provide accord with the description of such Services set out on the Website.
8.2 Subject to clause 8.1, the Services, Data and the Software are provided to You “as is” and “as available” and could contain defects, faults, mistakes and other deficiencies. We do not guarantee or warrant that the Service and/or the Software will be uninterrupted, error-free or will operate at any particular speed or frequency.
8.5 We are not responsible for the performance, usability or otherwise of the Services as a result of non-compatibility, performance or configuration with or of Your chosen operating system, other software, PC, other hardware device, internet connection or other such item.
8.4 We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement provided by another user and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, abusive, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice received from the Service and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered.
9. Limitation of Liability and Risk
12. Entire Agreement
13. Force Majeure
13.2 Any costs arising from such delay shall be borne by the party incurring the same.
17. Third Parties
18. Proper Law and Jurisdiction