Terms of Service

Last updated: Feb 4, 2024 10:37 PM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://bizmot.com/ (the "Website") operated by Itos Services Ltd., a(n) Limited Liability Company formed in Ho Chi Minh City, Vietnam ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Our company services offer users the ability to create, customize, and share their professional contact information in a digital format. This service includes the design, storage, and management of digital business cards, accessible via our website or mobile application. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our product information,offers and pricing

We offer goods, services, and digital products on this Website.

Product Description: A digital business card, as provided by our service, is an electronic version of a traditional business card. It can include user details such as name, job title, company, contact information, and other professional details. Additionally, our digital business cards may contain enhanced features such as links to social media profiles, websites, and multimedia content.

Service Standards and Provision:

Quality Assurance: We provide reliable, user-friendly digital business card services with regular updates and maintenance for enhanced security and user experience.

Process Overview:

Plan Selection: Choose a suitable subscription plan.
Account Setup: Users create an account to access services.
Card Creation: Design and customize your digital business card.
Usage: Share your card electronically using our platform.
Customer Support: Available for service-related help.

These digital business cards are offered under a free or subscription model, where users can choose different subscription plans based on their needs, which may include varying levels of customization options, numbers of cards, and access to additional features.

The price of these goods, services, and digital products can be found listed on the Website. This price includes all applicable taxe.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Payoo, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Payoo. The following payment method(s) are accepted by the third party payment processor: American Express, bank transfer, MasterCard, Visa, and E-wallet.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the goods, services, and digital products offered on our Website. We offer cancellations only prior to shipment, prior to performance of the service, and prior to the end of trial. If buyers physical product becomes scratched or damaged, they may qualify for a replacement (not return or refund), subject to our Terms and Conditions. Additionally, if buyers have adhered to all the Terms and Conditions outlined on our website, they may be eligible for a refund on subscriptions. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above and your cancel is applicable. We will issue you a refund of the full purchase price that you paid if you cancel your purchase of subscription and the cancellation is applicable.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased, or if you breach our Terms and Conditions or the Code of Conduct.

We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase (except for the case of unavailability).

Refund policy

We offer refunds to your bank account on purchases made of the goods, services, and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us or via the Website. We offer refunds on any purchases of the goods, services, and digital products offered on our Website for the following reason(s) only: the good, digital product or service failed to meet the warranties, if any, with receipt, wrong size, wrong color, the wrong product or service was provided, and If your physical product becomes scratched or damaged, you may qualify for a replacement, subject to our Terms and Conditions. Additionally, if you have adhered to all the Terms and Conditions outlined on our website, you may be eligible for a refund on subscriptions. Please note that we do not offer refunds for any other reasons other than those listed above.

You are not required to ship your purchased goods back to us to receive a refund.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.

When you purchase our goods, the cost of the shipping will be calculated and presented to you and included during the checkout process.

We or a third party will have your unique and personalized items produced and shipped from our facilities within 3 days of your purchase.

Shipping costs are applied per order, per address, and are subject to the minimum user quota that is mentioned for every item. If an order requires a minimum of five users, the products will be shipped in one shipment to suit all five users, and this shipment will be sent to one designated address.

In the event of a delay in the delivery of goods, you will have the option to either cancel the order or continue to wait for the delivery.

Please be aware that the delivery time and associated shipping costs will rise if the specified shipment location is located outside of Vietnam.

We shall assume responsibility for furnishing all necessary documentation related to the goods during the delivery process.

Inspection good policy

Users must inspect the digital business card upon receipt to ensure it meets specifications and functions correctly.

Any non-conformity or functional issues should be reported to us within 7 days of receipt.

We will investigate reported issues. If confirmed, we will rectify the issue, which may include providing a corrected version or an alternative solution. Should the fault be due to our error, no shipping or return fees will be charged

Our responsibility is limited to rectifying the issue. We are not liable for indirect losses or damages due to product non-conformity.

Failure to report issues within the specified timeframe will be considered as acceptance of the product and a waiver of defects.

Advance payments

We may ask you to provide an advance payment on any purchase made of the goods, services, and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods, services, and digital products.

We will not be able to issue you a refund of the advance payment that you made if we cancel (please refer to the cancellation term).

We will issue you a refund of the advance payment that you made if you cancel (please refer to the cancellation term).

Warranty on purchases

We offer the following warranty on purchases of goods: Should your physical card lose its adhesive within 30 days from the date your order is marked as delivered, you are entitled to a complimentary replacement.

We offer the following warranty on purchases of services: Services are fit for any specified purpose and desired result.

We offer the following warranty on purchases of digital products: Digital products will match the description.

This warranty shall apply for 30 days from the date of the purchase.

Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the goods, services, and digital products displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Responsibilities of Sellers and Customers in Each Transaction

Seller Responsibilities:

Service Provision: Deliver digital business card services as advertised, ensuring access to all features.
Information Accuracy: Provide clear, accurate descriptions of services and pricing.

Support: Offer customer support for inquiries and service issues.
Data Protection: Safeguard customer information in compliance with data protection laws.

Customer Responsibilities:

Accurate Information: Supply truthful information for account setup and service use.
Terms Compliance: Adhere to the digital business card service's terms of service.

Payment: Ensure timely payment for services as per agreed terms.
Lawful Use: Utilize the services legally and report any service issues promptly.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

repair;
replacement.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a free or subscription model.

A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year.

We offer a free trial to our customers for a period of 30 days. At the moment the free trial has started, you will be charged for the full amount of the subscription service.

You may revoke your subscription by contacting us within 30 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the subscription once you revoke.

Depending on the specific package selected by the buyer, there will be varying minimum purchase requirements for subscriptions. Each package has different minimum purchase for subscription.

Automatic renewals of subscriptions

When you purchase a subscription on the Website, your subscription will automatically renew annually. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via the following means:

phone - 02866700869;
Email - [email protected];
Through the Website.

Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

You must provide us with 7 days notice prior to your automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Itos Services Ltd or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

Our freemium product is OFFERED FREE OF CHARGE on an ‘AS IS’ and ‘AS AVAILABLE’ basis, and its availability is valid until further notice. BizMot reserves the right to terminate the offering, technology and services at any time without prior notice.

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Itos Services Ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Itos Services Ltd has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, ITOS SERVICES LTD. IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ITOS SERVICES LTD. WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO ITOS SERVICES LTD. IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF ITOS SERVICES LTD.. The aggregate liability of Itos Services Ltd arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Itos Services Ltd from you.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2023 - 2024 Itos Services Ltd. or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Itos Services Ltdand are either registered trademarks, trademarks or otherwise protected intellectual property of Itos Services Ltd. or third parties in the Vietnam and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Itos Services Ltd. at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

ITOS Services Ltd.
[email protected]
+842866700869
68 Nguyen Hue, Ben Nghe Ward, District 1, HCMC,
Vietnam

Industry or trade code of conducts

We subscribe to the following codes of conduct which can be accessed by clicking the links below:

Decree 85/2021/ND-CP on e-commerce - https://vanban.chinhphu.vn/?pageid=27160&docid=204191
VIETNAM Code of conduct on social networks - https://mic.gov.vn/Pages/vanban/chitietvanban.aspx?IDVB=14668
Decree 13/2023/ND-CP on Personal Data Protection - https://vanban.chinhphu.vn/?pageid=27160&docid=207759

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of Ho Chi Minh City, Vietnam, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Ho Chi Minh City, County, Vietnam.

You and Itos Services Ltd. agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website and via an email campaign.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].