Terms & Conditions - BizneX India

Terms of Use

We are truly excited to have you aboard. Thank you for choosing to use our Products/services.

We strongly urge you to read this policy and make sure you fully understand it, before you access or use any of our Products or services.

Thank you for selecting the Services offered by BizneX India and/or its subsidiaries, products and affiliates (referred to as “BizneX”, “lernIt”, “SoSEO”, “BizneX India”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and BizneX India. By accepting electronically (for example, clicking “I Agree” or “You Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use any / all Services of BizneX India.

1. AGREEMENT

This Agreement describes the terms governing your use of the BizneX India software/app/online services provided to you on this mobile app, including content, updates and new releases, (collectively, the “Services”). It includes by reference.

  • BizneX India’s Privacy Statement provided to you in the Services available on the mobile app or provided to you otherwise.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

  • The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by BizneX India. BizneX India reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, BizneX India grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
  • On expiry of subscription or on expiry of trial period, you will not be able to access the Services meant for paid users. For continuation of use of Paid Services, you need to renew subscription or contact BizneX India who will may provide a temporary license/access key to avail the Services.
  • You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.
    • • Provide access to or give any part of the Services to any unauthorized third party.
    • Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
    • Make the Services available on any file-sharing or application hosting service.

3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless BizneX India notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website/ mobile app for the Services.

  • Payments will be billed to you by BizneX India and/or its vendor(s) in INR, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  • You must pay with one of the following
    • • A valid credit card acceptable to BizneX India and/or its vendor(s);
    • A valid debit card acceptable to BizneX India and/or its vendor(s);
    • By another online payment option (except cash) BizneX India and/or its vendor(s) provides to you

  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  • If you do not notify us of updates to your payment method (e.g., credit/ debit card expiration date), to avoid interruption of your service, BizneX India and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  • BizneX India and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
  • Additional cancellation or renewal terms may be provided to you on the website for the Services.
  • All authorized refunds will be made in the original form of payment to BizneX India or its vendor(s).

4. Refund-Policy

BizneX India has made a 30 days money-back guaranty on yearly subcription in order to enable you to experience the product before you commit for a long tenure, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, there is no refund after the expiration of 30 days. If a product / service is marked under money-back guaranty, you can cancel your subscription within the days specified with such schemes. No refund request will be entertained after the number of days specified with the service/products, is over.

5. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. BizneX India MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.

    • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
    • ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
    • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

2. YOUR PERSONAL INFORMATION

You can view BizneX India’s Privacy Statement provided with the Services and on the website/ mobile app for the Services. You agree to the applicable BizneX India Privacy Statement, and any changes published by BizneX India. You agree that BizneX India may use and maintain your data according to the BizneX India Privacy Statement, as part of the Services. You give BizneX India permission to combine information you enter or upload for the Services with that of other users of the Services and/or other BizneX India services. For example, this means that BizneX India may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. BizneX India is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

3. CONTENT

  • You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted, shared or stored through your use of the Services. Archive your Content frequently. You grant BizneX India a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. BizneX India is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
    • • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
    • Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; • Except as permitted by BizneX India in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
    • Virus, trojan horse, worm or other disruptive or harmful software or data; and
    • Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

  • Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. BizneX India does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which BizneX India is not responsible.
  • BizneX India may freely use feedback you provide. You agree that BizneX India may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant BizneX India a perpetual, worldwide, fully transferable, sub- licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to BizneX India in any way.
  • BizneX India may monitor your Content. BizneX India may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect BizneX India or its customers, or operate the Services properly. BizneX India, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

2. ADDITIONAL TERMS

  • BizneX India does not give professional advice. Unless specifically included with the Services.
  • We may tell you about other BizneX India services. You may be offered other services, products, or promotions by BizneX India (“BizneX India Services”). Additional terms and conditions and fees may apply. With some BizneX India Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant BizneX India permission to use information about your business and experience to help us to provide the BizneX India Services to you and to enhance the Services. You grant BizneX India permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant BizneX India permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
  • Communications. BizneX India may be required by law to send you communications about the Services or Third Party Products. You agree that BizneX India may send these communications to you via email/ sms/ notifications, etc.
  • You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact BizneX India if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

3. DISCLAIMER OF WARRANTIES

  • YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BizneX India, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. BizneX India AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
  • BizneX India, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT BizneX India DOES NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

4. LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BizneX India, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BizneX India, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BizneX India SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BizneX India AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BizneX India, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold BizneX India and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). BizneX India reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BizneX India in the defense of any Claims.

5. CHANGES

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website/ mobile app for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

6. TERMINATION

BizneX India may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect BizneX India’s rights to any payments due to it. BizneX India may terminate a free account at any time.

7. EXPORT RESTRICTIONS

You acknowledge that the Services, including the mobile application, and the underlying software may include India technical data subject to restrictions under export control laws and regulations administered by the Indian government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

8. GOVERNING LAW & JURISDICTION

The Website, the App, the Terms of Use, all transactions entered on or through the BizneX India and the relationship between User and the Company and / or its Group Companies shall be governed by and construed in accordance with the Laws of India and no other nation. Without regard to the Laws relating to conflicts of Law. User and the Company and / its Group Companies agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the App, the Terms of Use, any transactions entered into on or through the BizneX India or the relationship between User and the Company and / its Group Companies shall be subject to the exclusive jurisdiction of the competent courts located in the city of Mumbai, India and User hereby accedes to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if the BizneX India so thinks fit, it may institute proceedings against User in any other court or tribunal having jurisdiction.

BizneX India accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any country other than that of India. The mere fact that the Website or the App can be accessed or used, or any facility can be availed of in a country other than India would not mean that the Laws of such country would be applicable, and the Company/Group Company shall not comply with the same.

  • ARBITRATION
    If any dispute arises between the User and BizneX India (individually a "Party" and collectively "Parties"), in connection with validity, interpretation, implementation or alleged material breach of the Terms of Use, the Parties shall endeavour to settle such dispute amicably. In case of failure of the Parties to settle such disputes within 90 days, either Party shall be entitled to refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator mutually appointed. In, case of disagreement (regarding the appointment of a sole arbitrator), the arbitration shall be conducted by three (3) arbitrators of which each Party shall appoint one (1) arbitrator and the third arbitrator shall be appointed by the two appointed arbitrators. The arbitration proceedings shall be conducted in Mumbai, India and the same shall be governed by the provisions of the Indian Arbitration & Conciliation Act, 1996, or any statutory modification as may be then in force. The language of arbitration shall be English.
  • LIMITATION
    Notwithstanding any statute or Law to the contrary, but to the extent permitted by Law, any claim or cause of action arising out of or related to access or use of the BizneX India products / services or the Terms of use must be filed within 3 months from such claim or cause of action arose failing which it shall be forever barred.
  • FORCE MAJEURE
    BizneX India shall not be responsible for delay or default in the performance of their obligations due to any natural calamities, contingencies beyond their control including but not limited to war, civil disorder, arson, unavailability of any communication system, pandemic situations, theft, change of terms of third-parties, virus in the processes, computer hacking, computer crashes or acts of government /regulatory authorities.

9. LANGUAGE

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

10. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and BizneX India and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of BizneX India. However, BizneX India may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by BizneX India or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact BizneX India via an email to. support@theBizneXIndia.com.

11. SOCIAL MEDIA SITES.

BizneX India may provide experiences on social media platforms such as Facebook®, Twitter®, LinkedIn® or any other social sites that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

12. THIRD PARTY PRODUCTS AND SERVICES.

BizneX India may tell you about third party products or services, including via the Service. BizneX India may offer products and services on behalf of third parties who are not affiliated with BizneX India (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. BizneX India is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with BizneX India in any way. You agree that the third parties, and not BizneX India, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. BizneX India will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites. You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of BizneX India or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.