EBizBuddy Infotech Private Limited (“eBizBuddy,” “our,” “we,” or “us”) provides web and mobile apps under the registered trademark NetPal (“NetPal”) to facilitate referral networking, messaging, and other services to organizations and individuals around the world. Please read our Terms so you understand about using our services. You agree to our Terms of Service (“Terms”) by installing, accessing, registering, clicking an “Accept” or “Submit” button, a checkbox, or other functionally equivalent control, or using our apps, services, features, software, or website (together, “Services”).
You must register for our Services using accurate data, provide your current business mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. The registered users (“Member,” “Members,” “your,” or “you”) of the Services may have different rights to access the certain parts, features, or aspects of the Services than the users who are non-registered users (“Nonmember,” or “Nonmembers”) of the Services.
The Services are not for use by anyone under the age of 18. To use the Services, you agree that: (1) you must be 18 years old (the “Minimum Age”) or older; (2) you will only have one NetPal account, which must be in your real name; and (3) you are not already restricted by eBizBuddy from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms, you are not allowed to use our Services.
You must use your real name on your user profile, provide accurate information to us and keep it updated, comply with all applicable laws and regulatory requirements, and use the Services in a professional manner.
Our Services enable Members to create or participate in a community (“Organizational Network”) dedicated to an individual, a group of individuals, or a legal entity such as a sole proprietorship or company (“Organization”) for free or for a fee.
A Member who creates a Organizational Network (“Chief Administrator”) gets additional rights to access certain features or aspects of the Services such as but not limited to to invite in the other Members to connect with each other, to message, and to exchange information and content, become “Administrators” to administer the activities. Chief Administrator and Administrators tailor their Organizational Network by the Members they invite, what they call their Organizational Network, and additional branding they may choose to use.
You as a Chief Administrator also represent and warrant that you are authorized to accept these terms on behalf of the Organization (collectively with the Organization, and the other Administrators, if any).
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via NetPal from time to time, as necessary to provide our Services to you.
Our Services allow messaging and sharing of information. Information and content that you share or post may be seen by other Members and Nonmembers. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., restricting your contact information visibility, or opting to not disclose your identity to other Members and Nonmembers). You also agree that your profile information will be truthful. We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice.
You are responsible for all carrier data plans, internet fees and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as directed by law. All payment disputes must be reported within 30 days of the time the dispute occurred. If you lose a dispute, you agree to pay eBizBuddy an "Administrative Fee".
Collection. Our Services enable Networks and their members (“Collectors”) to sell Referrals, organize Events and sell Event Tickets and Merchandize, collect Membership Fees. The payment collection requests are initiated through our Services and are processed by an integrated services of recognized, ethical and approved Payment Gateway Service Providers (“Payment Processors”), who work with Collectors' designated bank to process the payments. Hence we do not store payer's payment information such as credit card number, bank account number, pin, etc with us.
Settlements. The amounts received through a sale (minus eBizBuddy's Fee) are directly settled to the Collectors’ bank accounts by our Payment Processors within T+4 bank working days where T is defined as the date of intimation of the completion of the transaction. eBizBuddy shall be entitled to charge on the Fee, taxes applicable from time to time (“Applicable Taxes”). It is agreed that any statutory variations in Applicable Taxes during the subsistence of these Terms shall be borne by the Collectors.
Shipping. We currently do not handle shipping of goods or services on behalf of Collectors.
Cancellation. We currently do not handle service or purchase cancellations on behalf of Collectors.
Returns. We currently do not handle returns for any sold products (goods or mechandize) on behalf of Collectors.
Refund. We currently do not handle payment refunds on behalf of Collectors. But in case your payment results in incomplete transaction, we support you by providing information and forward your request to Collectors.
If you have questions about our Payment Services, please contact us.
By using our Services you agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
As a User or a Member of our Services, the collection, use and sharing of your personal data is subject to eBizBuddy’s Privacy Policy and updates. Our Privacy Policy describes our information practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services.
You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of eBizBuddy, our Members and Nonmembers, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our Members and Nonmembers, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our Members and Nonmembers in any impermissible or unauthorized manner; (g) sell, resell, rent, or otherwise monetize our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
As a registered user, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) follow the law and our Terms and Policies. You are responsible for keeping your device and your NetPal account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to send information to your contacts using a Share feature integrated with our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
eBizBuddy does not claim ownership of the information that you submit for your NetPal account or through our Services. You must have the necessary rights to such information that you submit for your NetPal account or through our Services and the right to grant the rights and licenses in our Terms.
We own all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our domains, logos, patents, copyrights, trademarks, or other intellectual property rights unless you have our express permission.
In order to operate and provide our Services, you grant eBizBuddy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as but not limited to to allow us to display your profile picture, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
We reserve all of our intellectual property rights in the Services. Our Terms do not allow you to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
eBizBuddy reserves the right to limit your use of the Services and your ability to contact other Members and Nonmembers. eBizBuddy reserves the right to restrict, suspend, or terminate your account if eBizBuddy believes that you may be in breach of this Terms or law or are misusing the Services. Imposition of any limits on the Services at any time subjects to our own discretion.
We may change or discontinue any of our services. In addition, eBizBuddy reserves the right to remove or suspend access to any Organizational Network on the Services at any time without notice, including all, or part of, the Organizational Network’s content. We may add or suspend any Administrator’s access to the Organizational Network or Services at any time at our own discretion.
We may modify the Organizational Network content in accordance with our policies. We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice. eBizBuddy may be required by law to remove certain information or content in certain countries.
We do not promise to store or keep showing any information and content that you have posted. We have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR MEMBERS AND NONMEMBERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR MEMBERS OR NONMEMBERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “EBIZBUDDY PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
THE EBIZBUDDY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE EBIZBUDDY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED AN AMOUNT THAT IS THE LESSER OF (A) THE AMOUNT YOU HAVE PAID US IN THE MOST RECENT PAST TWELVE MONTHS OR (B) THREE THOUSAND INDIAN RUPEES (INR3000).
You agree to defend, indemnify, and hold harmless the eBizBuddy Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in courts located at Pune India, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
The laws of India govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between eBizBuddy and you, without regard to conflict of law provisions.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
You agree that eBizBuddy or NetPal have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
Although we hope you remain our Services user, you can terminate your relationship with us anytime for any reason by closing your account. You can close your account by writing a formal request in email and send to our customer support department.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our Members and Nonmembers, or others. The following provisions will survive any termination of your relationship with eBizBuddy: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.
If you find that others aren’t following these rules, you may report them through our Report Abuse feature available through our applications or by writing an email to our legal department.
We may amend or update these Terms and our Privacy Policy from time to time. Please note that we may not be able to provide a notice for changes to these Terms. We will update the “Last Modified” date at the bottom of our Terms. Unless otherwise required by law, your continued use of our Services following 30 days of amendments confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by closing your account. Please visit this page and review our Terms from time to time.
If you have questions about our Terms, please contact our legal department.
EBizBuddy Infotech Private Limited.
Legal Department
101, Aurum Avenue, Balewadi High Street
Baner, Pune 411045
India.
Last modified: 06-April-2022