For the purposes of these terms and conditions...
These Terms and Conditions constitute the agreement between BizDiary Australia and the client (including the client contact).
By signing up for the BizDiary trial the client agrees to these Terms and Conditions.
Only one trial account is allowed per client (business or individual).
The client warrants that they have a genuine interest in evaluating the product with a view to purchasing should the product prove suitable. The client further agrees that they will not attempt to reverse engineer, use maliciously, or otherwise tamper with the product in any way.
Free SMS messages provided as part of the trial are to be used only for the purposes of the trial, and only with the consent of the recipient.
SMS credits may be purchased for use during the trial, at current prices. Purchases are processed via PayPal.
No refunds will be given on unused credits. If the client decides to continue using the product on completion of the trial, then any remaining purchased credits will be transfered to the paid account. If the client does not take up a paid account prior to the end of the trial period, then any remaining credits will be forfeit.
SMS messages provided as part of a paid account or purchased separately must only be sent with the consent of the recipient.
For trial accounts, the client contact agrees that the provider may contact him/her during the trial period, and for review purposes following the trial.
For paid accounts, the client contact agrees that the provider may contact him/her whilst the account remains in use, and for review purposes in the event of account cancellation.
The client agrees that the provider may contact them to provide information on system upgrades, or promotional offers relating to their account.
In the event of a technical or security issue associated with the client's account, whether alerted by the client, or detected as part of system monitoring, the client agrees that provider may contact them to inform them of the issue, to request further information, and/or to update them on the resolution process.
The provider agrees not to use the client or contact details for any purpose other than those detailed within this agreement, or provide these details to any other entity, without the client's prior consent (except where required to do so by law).
Under the standard terms of the BizDiary subscription, clients may cancel their account at any time. Once an account has been cancelled, no further fees are payable. Any prepaid amount or SMS credits will be forfeit.
The client must:
The provider agrees to provides support both via the internal support form and via email. Higher level support is provided in the event of system malfunction. If however, a client continues to request extensive support relating to the normal functioning and use of the system, an additional support charge may be incurred. The provider agrees to inform the client in advance of any charges, and will only proceed under agreement with the client. No additional charges will be made without the client's explicit consent.
The provider takes all due care, but accepts no responsibility for loss or damage that may be incurred by the client, the client contact, or customers of the client as a result of using the product. The client and client contact indemnify the provider against any such losses.
In the event that the provider believes the client may have breached these Terms and Conditions, the provider will immediately attempt to contact the client to investigate the issue. If the client is not immediately contactable their account may be suspended pending investigation.
If a client is found to be in breach of these terms and conditions, their account may be terminated without notice. In the event of account termination no refunds will be given for current payments or unused SMS credits.
By activating the product, the client acknowledges having read and understood, and agrees to, the terms and conditions of this Agreement. Furthermore the client represents that they are of legal age to enter into this Agreement and become bound by its terms.
The provider retains the right to alter these Terms and Conditions from time-to-time as may be required for regulatory purposes, or for other business needs. Existing account-holders will be informed of such changes via the provided contact email address.
In the unlikely event of a change to the structure of the provider's business interests, the provider warrants that every effort will be made to ensure that the client will continue to have full access to the system for a minimum of 60 days following any announcement of a change in business structure. Furthermore the provider warrants that should the business interests be sold to a third party, that the new owner will continue to provide without significant interruption the same services without changing the fee structure for a period of 3 months following the acquisition.
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