BizStudio (“us”, “we” or “our”) operates online applications that complement a user’s use of the Zendesk features and programs.We are not responsible for the conduct of any of our Users either online or offline.
B. For that reason these Terms are important and you should ensure that you read them carefully. You may contact us with any questions before you use the Application by emailing email@example.com
C. By using the Application you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Application.
1.1. “Application” means any BizStudio application acquired through our website located at BizStudio.co.nz or www.zendesk.com/apps.
1.2. “Confidential Information” means any of our information, or the information of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
1.3. “Content” means anything that is uploaded or otherwise transmitted through the Application, and when it is introduced by you, it is your Content.
1.4. “Data Controller” means AJ&LJ Mills T/A Bizstudio otherwise referred to as “BizStudio”, “us”, “we” or “our”.
1.5. “Data Processor” means any third party that we use to process your personal information.
1.6. “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, designs, trade marks and patents) of any nature in any technology, trade secrets, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to us.
1.7. “Membership Data” means any information provided by you to us as required to access or use the Application.
1.8. “Third Party” means an entity other than us, our subsidiaries or You.
1.9. “User” means any person who purchases the Application and accesses the Application, regardless of the nature of that access whether that party is or is not identified to us.
1.10. “You” means a User or any other person accessing the Application.
1.11. “Zendesk Website” means the website located at www.zendesk.com.
2. Use of the Application
2.1. We grant you a non-exclusive, non-transferable licence to use the Application in accordance with these Terms.
2.2. The Application may contain links to other websites and may contain Content added by Third Parties. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. We expressly disclaim all liability for any Content transmitted through the Application, or otherwise transmitted to any User by any other means, or by any person, including your reliance on such Content.
2.3. You acknowledge and agree that the Application may not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
2.4. You must not directly or indirectly: (a) use the Application to create any service, software or documentation that performs substantially the same functionality as the Application; (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying the Application; or (c) encumber, sublicense, transfer, distribute, rent or lease the Application in favour of a third party; (d) adapt, combine, create derivative works of or otherwise modify any Application.
3. User Conduct
3.1. By accepting these Terms, you are representing that you: (a) have the capacity to accept these Terms; (b) will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
3.2. You must not use the Application for any illegal, immoral or unethical purpose.
3.3. You must not knowingly directly or indirectly: (a) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application; (b) bypass any privacy settings or measures we may use to prevent or restrict access to the Application; or (c) run mail list, Listserv, any form of auto-responder or “spam” on the Application.
3.4. You must not use the Application for the purpose of transmitting any Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable to us or other Users of the Application, including any Content which is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation and/or any physical or mental disability; (b) exploits another person in any manner; (c) includes unauthorised disclosure of personal information; (d) advertises services for non-individuals or for any other reason which is not aligned to the purposes for which the Application is intended; (e) violates or infringes anyone’s intellectual property rights; or (f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3.5. You are solely responsible for the Content and all activities that occur while using the Application.
3.6. If you misuse the Application in contravention of these Terms, we may, at our sole discretion, restrict, suspend or disable your access to the Application.
5.1. If an Application requires payment of a fee, the purchase price will be disclosed to you prior to your access of the Application.
5.2. All fees are quoted in US Dollars and are exclusive of tax. We reserve the right to change the fees for any chargeable service or feature on the Application at any time and will provide Notice in accordance with these Terms where the price is varied.
5.3. If you purchase an Application, you will be directed to make payment of the purchase price prior to the installation of the Application.
5.4. If your payment for an Application is dishonoured (i.e. your credit card is declined or expired) you will be notified of your unsuccessful payment and you will be directed to make payment within seven (7) days of the notification. If you fail to make payment within seven (7) days, we may take any action reasonable to recover the purchase price of the Application or disable your access to the Application.
6. Confidential Information