Terms of Use

At Direct Marketing Software Pty Ltd trading as Bizeo (hereafter, "Bizeo"), our goal is to facilitate monitoring, recording and alerts on a wide range of performance indicators. In providing this service, there are some limitations and terms of use that Bizeo requires. Bizeo may need to change these from time to time and reserve the right to do so. Please check back here for the latest information.

Basic Terms

By registering as a Customer, using this website, or any other products or services (the "Service") operated, controlled or distributed by the Bizeo, or otherwise indicating your acceptance of these terms you agree to be bound by the following terms and conditions of use (the "Terms of Use").

Bizeo reserves the right to update or change the Terms of Use at any time and from time to time without notice by (i) posting a revised Terms of Use document on or accessible through http://www.bizeo.com.au/content/terms and/or (ii) sending information regarding the Terms of Use amendment to an email address.

You are responsible for regularly reviewing the Terms of Use for any updates or changes. Bizeo reserves the right to modify or discontinue the Service for any reason or no reason with or without notice to You. Bizeo shall not be liable to You or any third party should Bizeo exercise its right to revise these Terms of Use or modify or discontinue the Service.

Any new features that extend or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any of these changes shall constitute your consent to these changes.

Violation of any of the Terms of Use may result in the termination of your account or the Service. Upon termination of Your account you will no longer be able to use the Service and any of your information on the Service may be deleted by Bizeo.

Your assent to these Terms of Use constitutes your express understanding and agreement that when performance data, personal data or any other type of data is provided to Bizeo, such personal data collected from or about users or licensees in connection with the Service or otherwise under these Terms of Use, may be maintained and processed in Australia or an overseas location by Bizeo or a party acting on its behalf, as the Service, database and website are provided via equipment and other resources located in various locations around the world to maintain performance and availability. Bizeo's Privacy Policy describes how personally identifiable information may be collected, used and disclosed.

Description of Service

Bizeo enables its users to store, and share performance data (“Data”). Bizeo does not verify any data or the accuracy of data; these Terms of Use, your use of the Service, Bizeo's delivery of the Service and Bizeo's access to/storing of/use of data does not imply or create any liability on the part of Bizeo for data provided by you or other users and included in the Service.

Your access to and use of the Service or any content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Bizeo AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Bizeo makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Bizeo will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or its associated software applications or documentation. You also agree that Bizeo has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content maintained by the Service. Bizeo makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Bizeo will create any warranty not expressly made herein.

Account Terms

By using the Service You agree that You have the ability to form a binding contract with Bizeo.

You are responsible for maintaining the security of your account and password. Bizeo cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation. You agree to immediately notify Bizeo of any unauthorized use of Your account or any other breach of security known to you, including if You believe that Your password or account information has been stolen or otherwise compromised.

You are solely responsible for any and all data that You post to the Service and any activity that occurs within your account on the Service. Bizeo does not own any such data and specifically disclaims any responsibility for any data that You post to the Service.

The use of the Service by You is subject to these Terms of Use and all applicable laws, rules and regulations, including local, state/provincial, national and international laws, rules and regulations. You agree: (i) to comply with all applicable local, state/provincial, national and international laws, rules and regulations; (ii) not to post, distribute, or otherwise make available or transmit any data, software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to transmit any unlawful, harassing, libellous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You agree that you are responsible for all actions and inactions of Your employees and consultants and will monitor employees and consultants.

License Terms

The Service, and any software associated with the Service (the "Licensed Items") are made available for use and download solely for use by You and only according to these Terms of Use. You acknowledge that the Licensed Items are proprietary to Bizeo or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Unless expressly released under applicable open source code licenses, You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Items to a human-readable form. Doing so may result in severe civil and criminal penalties. Further, You may not reproduce, distribute or create derivative works based on the Licensed Items without expressly being authorized in writing to do so by Bizeo. Bizeo is not transferring title to the Licensed Items to You. This license to the Licensed Items is non-exclusive and may not be rented, leased, granted as a security interest or otherwise transferred by You.

All rights not expressly granted in these Terms of Use are reserved to Bizeo and its suppliers.

Payment Terms

The Service may be provided free of charge or for a fee. All invoices should be paid according to the terms noted on the invoice. Current Bizeo standard payment terms are seven (7) days of the date of invoice. In the event of late payment, the Company may charge a Late Payment fee of $45.00.

Cancellation/Termination of Account

You are solely responsible for properly cancelling your account. Cancellation requests can be made by email to accounts@bizeo.com.au. All of Your data will be deleted from the Service upon cancellation. This information cannot be recovered once your account has been cancelled.

Bizeo, in its sole discretion, has the right to take any action including to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service operated by Bizeo for any reason, and at any time. Such termination of the Service will result in the deactivation or deletion of Your account or your access to your account, and the forfeiture and relinquishment of all data in Your account. Bizeo reserves the right to refuse service to anyone for any reason at any time.

Limitations of Liability

YOU AGREE THAT THE CONSIDERATION WHICH BIZEO IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY BIZEO OF THE RISK OF YOUR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES. BIZEO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF OR USED IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BIZEO BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF BIZEO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST BIZEO OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL BIZEO'S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO BIZEO, IF ANYTHING, FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THESE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIALITY COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

Termination

Bizeo may in its sole discretion immediately terminate these Terms of Use and any subscription or license to use the Service if (i) You breach these Terms of Use; or (ii) Bizeo decides, in its sole discretion, to discontinue offering the Service. Bizeo shall not be liable to You or any third party for termination of the Service. Upon expiration or termination for any reason, You are no longer authorized to use the Service or at Licensed Items. When these Terms of Use are terminated and/or the subscription is cancelled, You will no longer have access to data, other data and other materials You have stored in connection with any Service and that material may be deleted by Bizeo. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms of Use or otherwise existing at law survive any termination, expiration or rescission of these Terms of Use.

Title

Title, ownership rights and intellectual property rights in the Service shall remain with Bizeo or its suppliers, as applicable. The Service is protected by copyright and other intellectual property laws and by international treaties. The licenses granted under these Terms of Use gives You no rights to such content. Use by You of the Trademarks except as provided in these Terms is strictly prohibited.

Indemnification

You hereby agree to indemnify, defend and hold Bizeo and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of (a) any breach by You of these Terms of Use or claims arising from Your account; (b) any fraud or manipulation by You; or (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You. You agree to use best efforts to cooperate with Bizeo in the defence of any demand, claim, action or suit. Bizeo reserves the right to assume the exclusive defence of any matter subject to indemnification by You.

Force Majeure

No party shall be liable for any performance failure, delay in performance, or lost data under these Terms of Use (other than for delay in the payment of money which may be due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of the Service, (ii) natural weather events, or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms of Use, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

Miscellaneous

You understand and agree that You are solely responsible for periodically reviewing these Terms of Use.

If any of the provisions of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Notices by Bizeo to You may be sent to the email address you provide or otherwise by any means that Bizeo determines in its sole discretion as likely to come to your attention.

You agree not to bring or participate in any class action lawsuit against Bizeo or any of its employees or affiliates. The failure of Bizeo to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by Bizeo of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms of Use. No remedy made available to Bizeo by any of the provisions of these Terms of Use is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.

Last updated 01/02/2013, 1:02pm.