BizDiary Terms and Conditions

For the purposes of these terms and conditions...

  • BizDiary (version 3) shall be referred to as the product.
  • BizDiary Australia shall be referred to as the provider.
  • The business entity, including sole traders, signing up to use the product, shall be referred to as the client.
  • The person representing the business for the purposes of trialing the product, as specified in the sign up process, shall be referred to as the client contact.

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.

Trial Account

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.

Paid Account

SMS messages provided as part of a paid account or purchased separately must only be sent with the consent of the recipient.

Contact with Client

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).

Account Cancellation by Client

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.

Privacy

The provider acknowledges its obligations under the Privacy Act 1988. Full details of our Privacy Policy may be obtained by visiting the Policy page of our website.

Client to protect Customer Privacy

The client must:

  1. Provide full protection of their customers' data, and meet all data gathering requirements as stipulated in the Privacy Act 1988;
  2. Ensure that their customers are made aware of their rights as provided for under the Privacy Act 1988;
  3. Report any instance of a breach of privacy immediately to the provider in writing, including full details, where available, of the date and time of the breach, names of individual or individuals responsible, and other pertinent details relating to the breach of privacy;
  4. Ensure that all user accounts, having access to customer data, have sufficiently secure passwords;
  5. Ensure that passwords are not written down or recorded in any way that may allow unauthorised system access;
  6. Ensure that user-name and password details are not shared with, or disclosed to any other individual.

Support / Additional Charges

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.

Disclaimer

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.

Breach of Terms and Conditions

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.

Acknowledgment of Terms

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.

Changes to Terms and Conditions

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.

Changes to Business Structure

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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