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Terms of Use - Australia Users
Customer Support
#1 Posted : Friday, September 30, 2011 7:55:45 AM(UTC)

Rank: Administration

Joined: 8/17/2011(UTC)
Posts: 60
Location: Sydney, Australia

BusinessZoom Australia - Terms of Use
Last updated: 1 October 2011

Welcome to BusinessZoom
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms of service ("Terms") apply solely to your access to, and use of, the Web site of BusinessZoom, located at BusinessZoom.com.au (the "Site") and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with BusinessZoom, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and BusinessZoom for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. BusinessZoom may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

General
You must be at least 18 years of age to create an account and to use the Site and BusinessZoom Toolset. By registering, you represent and warrant to us that you are 18 years of age or over. Should BusinessZoom be notified or otherwise become aware that you are under 18 years of age, BusinessZoom reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.

BusinessZoom is currently running in beta version. If you find that your business details displayed in BusinessZoom are incorrect, please report it to us. “Beta Version” means the process to validate the performance, quality, and reliability of all aspects of the Site, by testing early releases (including any alpha, beta or pre-release versions) of the Site, software, data, images, applications or services in a wide variety of application environments prior to final release that includes, but is not limited to, testing and reporting by you.

BusinessZoom reserves the right to complement, extend, change, discontinue or improve services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the Site.

Furthermore, BusinessZoom may amend the contract as well as these Terms of Use at any time.

Terms and conditions
BusinessZoom provides an online service allowing users to create their own website. The Services allow users to adapt the design of their own website and to create and manage the site’s content. The Services include various online web site development tools and web applications operated and hosted by BusinessZoom to enable you to list business details on the Internet and/or create and publish web sites - hereafter referred to as the "BusinessZoom Toolset". The user/client of the "BusinessZoom Toolset" will be known as "you". The Services also includes web hosting services for the web sites you create through the Site and email hosting services.

BusinessZoom offers different versions of this service: (a) a free website without email hosting, and (b) more comprehensive website versions and email hosting which are subject to a fee.

All free of charge services provided by BusinessZoom may be discontinued at any time. In such a case you will not be entitled to claim the continuation of this type of service.

You agree to actively maintain and to update any User Sites you create on a regular basis. Failure to log into the Service or to update a User Site for more than 180 days may result in BusinessZoom removing or disabling access to such User Site.
Free of charge service may contain advertisements. You are not permitted to edit, remove, or conceal any advertisements. In addition to the advertisements, the free of charge service may have some limitations applied, including but not limited to: (a) limitation in the maximum number of business listings, products, services, photos; and (b) restriction on custom widgets.

BusinessZoom reserves the right to make use of the services of third parties in providing services.

Supported browsers
BusinessZoom website and your website built using BusinessZoom Toolset are designed to work with the following Internet browser versions:
• Microsoft Internet Explorer 8
• Mozilla Firefox 3.6 and 4.0
• Google Chrome

Browsers not listed above might have difficulty in displaying some of the information on the website.

Personal data and storage
You confirm that all the personal data provided is legally authorised, true and complete. You hereby agree to the recording and electronic storage of this data by BusinessZoom. BusinessZoom will not transfer the data to third parties unless you expressly agree to this or the transfer is necessary to fulfil the services (for example, sharing of data for domain registration with the domain registrar). You must keep the personal data updated. In order to prevent abuse by unauthorized third parties, you are under an obligation to keep the login data confidential.

BusinessZoom retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.

You agree that BusinessZoom has no responsibility or liability for the deletion of or the failure to store or to transmit any content or services maintained by BusinessZoom and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Your use of this service is at your sole risk. Our backup service runs once a month, overwrites any of our previous backups made, and only one month of backups are kept. This service is provided to you as a courtesy. BusinessZoom is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BusinessZoom servers.

Email protection (such as anti-spam and antivirus) is responsibility of Users. You should consider using a proper email protection program and be aware of security issues when using email for communication.

Premium Services - Duration and termination of the contract, discontinuation of services, refund of fees paid in advance, Cancellation Policy

For Paid Customers - You can cancel your agreement to this service contract in writing (by email) without stating any reasons within 30 days after signing up to the Services. Cancellation notices should be sent to BusinessZoom through the Contact Us form. When terminating the contract, the registered username, business name, website unique name and e-mail address must be stated. Contract cancellation only applies to website and email hosting. Domain name registration cannot be cancelled before it expires as domain authority is beyond BusinessZoom’s responsibility. For more details about domain name, refer to Domain Name Registration section below.

Your right to cancellation expires if the contract has been fulfilled. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. A 30-day money back guarantee will apply to most paid services paid services where you may cancel your subscription. Refer to further details on Money-back Guarantee section below.

Unless stated otherwise in the relevant specification of service, the duration of paid services contracts is twelve months and will be renewed for the same period of time unless you terminate the contract online one month prior to expiration of the contractual period. When terminating the contract you are required to state the registered user name, your business name, your unique website name, your e-mail address and the date of termination.

BusinessZoom may terminate the contracts with you unilaterally and without stating reasons by giving at least one month’s notice. In such a case BusinessZoom will refund any fees paid by you in advance on a pro rata basis. BusinessZoom reserves the right to terminate the contract without notice in case you fail to fulfil your contractual obligations. Further, a breach of contractual duties may lead to civil or criminal action. In such a case any fees paid in advance on a pro rata basis will not be refunded.

BusinessZoom further reserves the right to remove the website and block access to BusinessZoom in case fees are not paid. In such a case BusinessZoom will inform you accordingly. Furthermore, in such a case, BusinessZoom is furthermore entitled to delete (“CLOSE”) the user’s domain(s). By accepting these Terms of Use, the user grants BusinessZoom the explicit right to this type of termination.

Upon termination of the contractual relationship BusinessZoom will have no obligation to perform contractually agreed services. Accordingly, BusinessZoom may delete any of your data on the server, including emails in the your mailbox(es). In addition, BusinessZoom may, upon termination of the contract, have any of your domains which have not been transferred to a new provider deleted by the relevant organization for allocation of domain names (CLOSE).

BusinessZoom reserves the right, in its sole discretion, to terminate your account and your access to the Site, the BusinessZoom Toolset and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.

By using the Service, you agree that:
• You are responsible for any contents provided or stored by you on your Website. BusinessZoom is under no obligation to inspect your website with regard to violations of law.
• You are responsible for complying with all laws for their jurisdiction, as well as the regulations of the Commonwealth of Australia laws or your corresponding state laws. This also applies explicitly to any additional legal regulations regarding operation of a store.
• You will use the service for its intended purpose of the creation and growth of a professional online presence.
• You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
• You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by BusinessZoom. This includes but is not limited to commercial pornography, paedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. BusinessZoom will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use the BusinessZoom Toolset to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children (“Adult Content”) nor may they use BusinessZoom, the Service and/or the BusinessZoom Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services.
• You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
• You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
• You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
• You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
• You may not knowingly violate the intellectual property rights of a third party on any user site.
• You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• You may not use the BusinessZoom Toolset for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme.
• You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
• You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the BusinessZoom Toolset and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the BusinessZoom Toolset.
• You may not use the BusinessZoom Toolset to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
• You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.

Submission of content
You acknowledge that all content (including text, images and any other data) submitted to or through us (whether this be via email, comment form, blog, enquiry, posting of review or recommendation or by any other means) (Your Content) will not be considered confidential or proprietary and we are under no obligation to keep such information confidential.

You must not submit information that:
• you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• publicly reveals your identity or sensitive or confidential personal information about yourself or others such as an email address, phone number or address;
• contains confidential information (such as credit card details or date of birth); and
• would infringe the intellectual property rights of third parties.

By submitting Your Content through the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium and for any purpose, including commercial purposes, and to authorise others to do so.

Domain Name Registration, Domain Name Cancellation, and Change of Registrar
Domain registration is brought to you through a partnership with uber business Pty Ltd. By purchasing a domains(s), you become the legal owner of the domain name.

BusinessZoom does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

When you purchase a domain name, your order is subject to further processing. Due to timing issue, there is likelihood that your selected domain name will not be available once this processing is complete. Therefore we do not guarantee the availability of your domain name.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.

We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties. You are in particular responsible for providing correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when registering the domain name. Irrespective of the relevant registration terms and conditions, such data must include the name of the domain name holder, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately update it accordingly. You must notify BusinessZoom immediately should he lose the rights to a domain name registered on his behalf.

You are responsible for renewing your domain registration before it expires. BusinessZoom shall not be liable for loss of the domain. BusinessZoom reserves the right to change its prices at any time.

Purchase and transfer of domain name will not be processed until your payment is cleared. You cannot return or exchange your domain, all sales are final.

Premium Services
Premium Services are referred to as paid services for using the Services rendered by BusinessZoom. At this stage, the Premium Services are available as Ultimate Website. On free Sites, BusinessZoom reserves the right to include the BusinessZoom promotional link on your Site. As a User, you can also purchase one or more Premium Services from us. Premium Services include various options such as purchasing your own domain name, removing BusinessZoom promotional links and custom widgets. Currently, BusinessZoom Toolset and Image Library are free of charge. The categories and prices of our Premium Services are subject to change from time to time. BusinessZoom may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when BusinessZoom posts the temporary promotional event or new service on the BusinessZoom Platform. Unless stated differently, any changes to fees for Premium Services that are not temporary or promotional will be effective immediately after we provide you with notice by posting such changes on BusinessZoom.com.au. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in Australian Dollars.

Payment in general
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize BusinessZoom to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with BusinessZoom. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Premium Services payable by recurring payments. You agree that BusinessZoom may automatically charge the fee to your Payment Method at the beginning of each recurring period. The Premium Service is charged on every twelve (12) months basis. This means that you will be billed every year on the anniversary date of the date you clicked the "Purchase" button.

You acknowledge and agree that any credit card and related billing and payment information that you provide to BusinessZoom may be shared by BusinessZoom with companies who work on BusinessZoom's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to BusinessZoom and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay BusinessZoom all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enrol in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) BusinessZoom may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) BusinessZoom reserves the right to either suspend or terminate your Premium Services or your account with BusinessZoom, including deletion of your Website from BusinessZoom.com. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to BusinessZoom within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of BusinessZoom.

BusinessZoom does not keep your credit card details as all payments are processed by third party.

Taxes
When applicable, you are responsible for paying any governmental taxes imposed on your use of BusinessZoom, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to BusinessZoom the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that BusinessZoom is obligated to collect such taxes, the applicable tax will be added to your billing account.

Money-back guarantee
BusinessZoom provides both free and paid services to the Users. Most paid services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a refund if you cancel your paid services within 30 days after signing up to the Services. The 30-day money-back guarantee does NOT apply to domain name registration and other domain name services. Once you purchase your domain name or apply your domain credit, you are its owner and it cannot be "returned" until the duration of the domain term has expired. The amount of your refund will be the price of the paid service you purchased from BusinessZoom minus domain name registration fee and other charges.

Please direct refund requests by email using the Contact Us form. Downgrading your paid services account may cause the loss of content, features, or capacity of your account. BusinessZoom does not accept any liability for such loss.

Service disruption
BusinessZoom will endeavour to ensure that the services are available and function properly at all times. You acknowledge, however, that for technical reasons as well as due to BusinessZoom dependence on external factors e.g. telecommunications networks, the uninterrupted availability of the website cannot be guaranteed. You can therefore not claim permanent access to website. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond BusinessZoom’s control, BusinessZoom also reserves the right to impose temporal and/or complete access restrictions, particularly where the Website is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.

Liability
BusinessZoom is not liable for loss of data by the User or for unauthorized access to personal user data by third-parties (e.g. hackers).

BusinessZoom also cannot be held liable for misuse by third parties of data and information made available to them by the Users themselves.

BusinessZoom shall not be liable for any activities of or contents posted by the Users.

BusinessZoom cannot be held liable for lost revenue or other damages arising from malfunction or unavailability of the servers. BusinessZoom is not liable for other damage claims. This exclusion does not apply to damages resulting from gross negligence on the part of BusinessZoom or deliberate or gross negligence of BusinessZoom’s legal representatives or agents.

Any liability on the part of BusinessZoom or affiliated providers will be limited to the equivalent amount of a yearly user fee.

Monitoring / Privacy
BusinessZoom reserves the right, but is not obligated, to monitor the use of its servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.

By using the BusinessZoom Toolset and/or the BusinessZoom Web Site, you consent to any transfer of personal information, collected by BusinessZoom, outside your country for the purposes of storing the information where BusinessZoom and/or its agents maintain their facilities.

You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. BusinessZoom is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of BusinessZoom.

Intellectual Property Rights
You acknowledge that BusinessZoom owns all right, title, and interest in and to the Site, the BusinessZoom Toolset and/or any content on the Site not posted by a BusinessZoom User and/or an acknowledged third party, including all intellectual property rights (the "BusinessZoom IP"). BusinessZoom IP is protected by Australia and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the BusinessZoom Web Site or BusinessZoom IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the BusinessZoom Web Site or BusinessZoom IP.

Indemnification
You agree to hold harmless and indemnify BusinessZoom and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the BusinessZoom Toolset, the Service and/or BusinessZoom Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limited Warranty
BUSINESSZOOM DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE BUSINESSZOOM TOOLSET OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE BUSINESSZOOM TOOLSET ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICE AND THE BUSINESSZOOM TOOLSET IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT BUSINESSZOOM, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Liability Disclaimer
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUSINESSZOOM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BUSINESSZOOM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUSINESSZOOM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUSINESSZOOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE SERVICES OR THE BUSINESSZOOM TOOLSET, WITH THE DELAY OR INABILITY TO USE THE SITE, THE SERVICES OR THE BUSINESSZOOM TOOLSET, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUSINESSZOOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES OR THE BUSINESSZOOM TOOLSET, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES AND THE BUSINESSZOOM TOOLSET.

Access to Business Dashboard for Service and Support
In order to assist BusinessZoom Service and Support personnel to perform technical support, you agree to allow access to your Business Dashboard and all relevant information found within the dashboard. The technical support services will be performed in accordance with the terms described on this website, including Privacy Statement and Terms of Use.

The ability for BusinessZoom to access your Business Dashboard significantly enhances BusinessZoom’s ability to resolve your technical problem quickly. You understand that by requesting such assistance, you will be providing BusinessZoom Service and Support personnel with access to your Business Dashboard. In addition, you may be providing BusinessZoom technical support personnel with access to files that reside on your website hosted in BusinessZoom. The access to Business Dashboard is provided at your sole risk.

Service and Support Contact
Email to BusinessZoom Support

Consent to Disclose Information
You acknowledge, consent and agree that BusinessZoom may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BusinessZoom, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.

Governing Law and Jurisdiction
The Terms of Use are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts in Western Australia, Australia.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BusinessZoom as a result of this agreement or use of the BusinessZoom Toolset.

The performance of BusinessZoom per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by BusinessZoom with governmental, court and law enforcement requests or requirements relating to your use of the BusinessZoom Toolset or information provided to or gathered by BusinessZoom with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BusinessZoom with respect to the BusinessZoom Toolset and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BusinessZoom with respect to the BusinessZoom Toolset.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright
All Content and other material on the Site and the BusinessZoom Toolset are the proprietary property of Business Zoom Pty Ltd or its licensors or users and are protected by Australia and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

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