Privacy Policy & Terms and Conditions

BizyTop™ is copyright and Trademark of RadeonTrax Software Solutions LLP (hereinafter referred to as "Company").

1. Interpretation

1.1. Following words and phrases shall have the specific meaning assigned to them here under:

a. BizyTop™ Mobile Applications are the applications owned and operated by the Company and accessible on Google Playstore and other similar market places.

b. 'Website' shall mean the website hosted and managed by the Company, identified and accessed through the URL www.BizyTop.com, or BizyTop.com. “Mobile App” or “Mobile Apps” shall mean the BizyTop™ Mobile Applications and operated by the Company and accessible on Google Playstore and other similar market places.

c. 'Customer' is an Enterprise that registers with the Company to utilize the services and features provided by BizyTop™ Mobile application and BizyTop™ web application. The Customer provides access to their own employees and/or their end customers, referred to as ‘User’ below, to access and use BizyTop™ Mobile application and/or website, on behalf of the Customer.

c. 'User' shall mean the User whose user account has been created by the Customer and does login using the BizyTop™ Mobile Applications, or the Website by entering the requisite data. User can use the BizyTop™ Mobile application and/or website on behalf of the Customer. Customer authorizes their own Users by creating User ID for each User, using the BizyTop™ mobile app and website functionality. The Customer can decide to activate or deactivate access to specific Users, as per Customer requirements.

d. 'Party' shall mean either the Company or the User or the Customer unless repugnant to the context thereof and 'Parties' shall mean both Company and the User and Customer.

e. 'Service(s)' shall mean the services provided by the Company through the Website or mobile application including but not limited to provision of information, search for information, data cataloguing, data analysis and so on.

f. 'Intellectual Property' shall mean any invention, creation, work, algorithm, source code, object code or other code, design, Confidential Information, Confidential Data, Product(s) and so on which have been acquired, are in the process of being acquired or capable of being acquired as patents, copyrights, trademarks, trade secrets or other types of Intellectual Property.

g. 'User Information' shall mean details such as first name, email ID, city, state, country, mobile number etc. submitted by the Customer to authorize the user to use BizyTop™ on behalf of the Customer.

h. The Customer may export, retain or delete their individual User data, as per the business requirements of the Customer.

2. Acceptance of Terms and Conditions

2.1. Accessing the BizyTop™ Mobile Application or Website, and/or using the Services in any manner constitute the Customer and User's unconditional agreement to the Terms and Conditions listed in this document, of the Company.

2.2. This Terms and Conditions constitute a binding agreement between the Company, Customer and the User. The terms hereunder may be updated / altered from time-to-time at the discretion of the Company. Customer and User understand that any such alterations of the terms hereunder by the Company shall not be grounds for non-performance of any of the obligations of the Customer and User under this Terms and Conditions or under any other document between the Parties.

2.3. A waiver by the Company of any breach of any provision of this Terms and Conditions by User/Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

2.4. The Company may make available the Service(s) on mobile platforms, internet platforms and personal entertainment devices such as tablets, consoles, smart phones and so on. The Terms and Conditions herein shall be applicable in the same manner across all such platforms and/or devices.

3. Use of the BizyTop™ Mobile Applications, Website and Services

3.1 BizyTop™ services and features are accessible to Users, who are authorized by the corresponding Customer. When a User attempts to access such Services, the User is requested to login, as per the access details created by the Customer for the specific User.

3.2 A User shall provide the necessary information in the Login page to login. Such information may include without limitation User ID, First Name, email address of the User, mobile phone number, address and so on ("User Information").

3.3 A User may choose not to Login and rescind from availing such Services where the User does not wish to share any of the information requested in the Login form.

3.4 The Company may display on the Mobile Apps, Website and Services, specific information relating to certain third-party applications and/or services. Access and use of such third-party information and applications shall be made by the Customer and User in compliance with the applicable third-party terms and conditions of use. The Company shall not be liable in any manner for the nature, functionality and use of such third-party application and/or information.

3.5 The User shall not copy, modify or use the Services and/or information available on the Mobile Apps or website for purposes other than as contemplated under the Services.

4. Confidentiality

4.1 The Company will not wilfully disclose any of the "User Information" to any third party.

4.2 The User and Customer agrees that the Company may disclose any and all "User Information" of the User including but not limited to account history, account use, etc. to any law enforcement agent when the Company is bound by any law or when such request is made by a Court without further consent or notification to the User/Customer.

5. License

5.1 The Company hereby grants to the User a non-exclusive and non-transferable license to use the Mobile Apps, Website and Service(s) in accordance with the terms described herein below.

5.2 The User or Customer shall not copy, modify, distribute or deal with the Mobile Apps, Website, Services and/or information and Data provided in a manner that is inconsistent with the rights of the Company.

5.3 The User or Customer shall not attempt to Reverse Engineer, Decompile or Descramble or use the Mobile Apps, Website and/or Service(s) in any manner to study the process, structure or working of the Mobile Apps, Website and/or Service(s).

5.4 Nothing provided hereunder authorizes the User or Customer to provide any service(s) to third parties on the basis of the Service(s) of the Company without the prior written consent of the Company.

6. Availability of Service(s)

6.1 Nothing in this clause shall however be construed to effect a warranty by/on part of the Company about the availability of Mobile Apps, Website or Service(s).

6.2 Company shall hold back/discontinue the Service(s) at its sole discretion at any time without notice to Users or Customers.

7. Server Locations

7.1 Irrespective of the physical location of the Services, information and Website, the law governing the same shall be the laws of the Republic of India.

8. Disclaimer of Warranties

THE USER AND/OR CUSTOMER IS AWARE THAT THE SERVICE(S) OF THE COMPANY IS NOT IMMUNE FROM RISKS ARISING FROM FACTORS INCLUDING BUT NOT LIMITED TO ACCURACY, AVAILABILITY, INDUSTRY AND BUSINESS FLUCTUATIONS, AND OTHER FACTORS. THE USER/CUSTOMER HEREBY EXPRESSLY AGREES THAT USE OF THE SERVICE(S) IS AT THE SOLE RISK OF THE USER/CUSTOMER. THE SERVICE(S) IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SERVICE(S) WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USER/CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM THAT MAY BE CAUSED TO USER/CUSTOMER PERSONAL SELF, ORGANIZATION AND/OR, THE COMPUTER SYSTEMS, MOBILES, SERVERS, OR ANY OTHER HARDWARE/SOFTWARE DEVICES DUE TO THE USE OF COMPANY'S SERVICE(S). NOTHING IN THIS TERMS AND CONDITIONS OR IN ANY OTHER COMMUNICATION, WHETHER WRITTEN OR ORAL, MADE BY THE COMPANY OR ITS REPRESENTATIVES, SHALL CONSTITUTE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

9. Subscription to Service(s)

9.1. Company shall hold back/discontinue any of the Service(s) at its sole discretion at any time without notice to User or Customer.

9.2. The Company shall reserve the right to discontinue the access to the Mobile Apps, Website and Service(s) at the sole discretion of the Company, without any notice to the Registered User.

9.3. User and/or Customer, agrees that Company will not be liable to User/Customer or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Service(s) for any reason.

10. Privacy policy and Data Ownership

10.1. Company's Data: The Company may use certain software and related processes, instructions, methods, and techniques that have been developed by the Company and certain information collated by the Company (collectively called the "Company's Data") and that same shall remain the sole and exclusive property of the Company.

10.2 Any data added by Users, on behalf of the Customer, may be retained, exported or deleted by the Customer, as per Customer requirements.

10.3 Third Party Data: Any and all third-party information, applications, links provided on the Mobile Apps or Website shall be the sole and exclusive property of the respective third parties. User shall be solely and directly liable for violation of any rights with respect to the third-Party Data.

10.5 Company collects Personal and Non-personal information from Users to allow the usage of Company's Mobile Apps or Website. Each time a User uses the Mobile Apps or visits the Website, the non-personal information, such as User's Mobile Identification number, Internet Protocol address, the address of the last URL User visited prior to accessing Company's Website, User's browser and platform type, User's browser language and so on may be collected by Company. Company may also collect Personal information such as User's name, mobile number andd so on for giving the User access to the Mobile Apps or Website, as per the access enabled for the User by the corresponding Customer.

10.6 Mobile Apps and / or Website may contain links to other websites, which do not fall under the scope of this privacy policy. Company does not hold any responsibility for the privacy policy of such other websites.

10.7 Company may set and access cookies on User's computer's hard drive to track the preferences and trends of User's searches in order to provide Users with more personalized and improved services. The User may reset the cookies to refuse such access by us. However, in such a case, User may not be able to access some parts of the services.

10.8. The provisions of this Section shall survive the termination of this Terms and Conditions.

11. User's Representations and Warranties

11.1 User represents and warrants to the Company that-
11.1.1 User has full power to agree to this Terms and Conditions, and the person signing this Terms and Conditions on its behalf has been duly authorized and empowered to do so;
11.1.2 User has the capability to perform obligations under this Terms and Conditions and that User is not under any kind of obligation or encumbrance that prevents the performance of obligations hereunder;
11.1.3 User shall provide true and accurate information at all times;
11.1.4 User shall not violate any third-party rights including but not limited to any intellectual property rights and privacy rights and shall not in any manner circumvent or attempt circumvention of any access control measures or Digital Rights management measures; and
11.1.5 User will not use the Mobile Apps, Website or Service(s) for any illegal purpose or for any purpose not contemplated hereunder by the parties.

12. Term and Termination

12.1. The User and/or Customer may access the Services provided on the Mobile Apps or Website from the Date of Acceptance of this Terms and Conditions, until such time when the Service(s) and/or access to the Mobile Apps or Website is terminated for the particular User and/or Customer, or all Users and/or Customers, by the Company. The user accounts shall be liable to be discontinued without notice and no data shall be available after the Service(s) is terminated for the Particular User and/or Customer and / or all Users/Customers.

12.2. The Company may terminate the Service(s), including Access to Mobile Apps and / or Website -
i. If the User or Customer fails to comply with any of the Terms and Conditions; or
ii. If the User or Customer uses the Service(s) for illegal purpose or for purposes other than those contemplated hereunder; or
iii. Without assigning any reason at any time without any prior written notice to the User or Customer.

12.3. Termination of the access to Mobile Apps, Website or Service(s) with respect to any User or Customer, by the Company shall not amount to waiver by the company of its right to initiate any legal action against the User for breach of any of the Terms and Conditions.

12.4. Provisions relating to Intellectual Property and Confidentiality shall survive the expiration or termination of the Agreement.

13. Cancellation of User Account

13.1. Users may request the corresponding Customer to cancel their User Account. The Customer may accordingly disable access to Mobile app and/or website access to User.

13.2. The Company also reserves the right to cancel the Account of any User at its own discretion.

14. Intellectual Property

14.1. All rights over the Intellectual Property on the Mobile Apps, Website and Service(s) shall exclusively remain with that of the Company. Nothing under this Agreement shall give rise to transfer of any Intellectual Property in the Mobile Apps, Website or Service(s) from the Company to the User or Customer.

14.2. All trademarks including but not limited to the names, titles and logos of the Company, the Mobile Apps, the Website, the Services and so on and all domain names shall be the exclusive properties of the Company. The User or Customer or any third party shall not have any rights or interests in the same. The User or Customer are expressly prohibited from making any use of the same.

15. User's Contents

15.1. The User shall be solely responsible for the contents of its transmissions through the Company's Mobile Apps, Website or Service(s). The User shall not use the Service(s) for transmission of material that is unlawful, or violating of another's privacy, or abusive, or threatening, or harmful, or vulgar, or pornographic, or obscene, or amounts to defamation, libellous, harassment or any content of like nature or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses.

15.2. The Company shall not be liable for any User's Data that may be in violation of any third-party Intellectual Property.

16. Limitation of Liability

16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, DISABILITY OR DEATH, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE(S) OR PRODUCT(S) OR USE OF THE SUCH SERVICE(S) OR PRODUCT(S) IN A MANNER AND FOR A PURPOSE OTHER THAN THOSE FOR WHICH THE LICENSE IS GRANTED, ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACT OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF THE COMPANY.

17. Indemnity

17.1. The User and/or Customer agrees to indemnify, defend and hold the Company and its Affiliates (including all officers, directors, employees, contractors and agents of the foregoing) harmless from and against any and all damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses arising out of, incident to, or resulting directly or indirectly from:
i. a breach by the User and/or Customer of its warranties, representations, covenants, agreements and obligations under the agreement; or
ii. User and/or Customer’s negligence or wilful misconduct, except to the extent that such Losses were caused by the negligence of the other Party; or
iii. Use of the Mobile Apps, Website or Service(s) in a manner inconsistent with this Terms and Conditions.

18. Law, Jurisdiction and Arbitration

18.1. Notwithstanding the location of the Company's server or that of the Customer or User, the construction of this Terms and Conditions shall be determined in accordance with the Indian Contract Act, 1872 and other laws in force in India and shall be subject to the exclusive jurisdiction of the Courts in Hyderabad, India.

18.2. All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Hyderabad, India. The arbitration proceedings shall be conducted in English.

19. Severability

19.1. If any term or provision of this Terms and Conditions is hereafter declared by a final adjudication of any tribunal or court of competent jurisdiction to be illegal, the Parties shall co-operate in all the ways open to them to obtain substantially the same result or as much thereof as may be possible, including taking appropriate steps to amend, modify or alter this Agreement in the light of its objectives. Such adjudication shall not alter the validity or enforceability of any other terms or provisions.

20. Assignment and Modification

20.1. The Terms and Conditions and all its rights and privileges hereunder shall not be assigned by the User or Customer without the prior written consent of the Company.

20.2. The Terms and Conditions may be modified from time to time by the Company. The User/Customer agrees that the Company is not under any obligation to notify the User/Customer about any changes, modifications made in the Terms and Conditions. It shall be the responsibility of the User/Customer to regularly review the Terms and Conditions for updates if any.

21. Notice

21.1. All notices hereunder shall be in writing and shall be duly given by means of electronic mail communication to the below email address:
charan.d@radeontrax.com

22. Force Majeure and Act of Third Parties

22.1. The performance of any part of this agreement by the Company shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of the Company or act of any third party beyond the control of the Company including but not limited to hacking, data theft, unauthorized access to User's account, impersonation, fraud, misrepresentation and so on.

I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.