BIZTRO - TERMS OF SERVICE

Effective as of October 1, 2018

SixtyFive Pte Ltd (“SixtyFive”) is offering you a Point of Sales (POS) solution, which includes features such as creating orders, entering payment information, entering branch, register, menu, item, information, tracking orders, and similar (the “Solution”, or the “Service”). We make the Solution available to you through our proprietary software application, Biztro, (the “Application”) designed, or will be designed in the future, for a variety of Internet-enabled devices, including smart phones, and tablets (collectively, “Devices”). Parts of the Solution may also be available to you through our websites at biztro.tech and biztroapp.com (the “Websites”).

We provide the Solution, the Application, and the Websites to you subject to the following terms and conditions, which are referred to in our Privacy Policy, on the Websites, and in the Application as the “Terms of Service”. This Terms of Service includes by reference our Privacy Policy (Terms of Service, and Privacy Policy, collectively, this “Agreement”). “Solution” as used in this Agreement includes the Application and the Websites, except where those terms are used separately.

By accessing and using the Solution in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. We may update this Agreement from time to time without notice to you. Your usage of the Solution after the changes to this Agreement are published on the Website or made available to you through your Device(s) shall constitute your acceptance of the updated Agreement.

If you do not agree to any of the terms and conditions in this Terms of Service, or to any provisions in our Privacy Policy, as they may be updated from time to time, then you may not use the Solution.

1. AGE RESTRICTION

The Solution is available for persons aged 18 years or older. If we discover or believe that you are underage, we will suspend your access to the Solution.

2. SIGN UP

In order to use the Solution, you must sign up. During the sign up process, we will require you to create an account, which includes a user name (your email address) (“User Name”), a password (“Password”), and certain additional information that will help in authenticating your identity when you log-in in the future (“Unique Parameters”). When creating your account, you must provide true, accurate, current, and complete information.

The type of the user you become when you sign up with the Solution is called administrator, which is currently the only user type with unlimited access to the Solution. Being an administrator type user, you are the representing party of the Solution on your side, and are responsible for all the financial, legal, and similar, interactions with us.

Each User Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Parameters, as well as for any use, misuse, or communications entered through the Solution using one or more of them. You agree to inform us promptly of any need to deactivate a Password or User Name or change any Unique Parameter. We reserve the right to delete or change your Password, User Name, or Unique Parameters at any time and for any reason. SixtyFive will not be liable for any loss or damage caused by any unauthorized use of your account.

3. LICENCE

Subject to your compliance with all of the terms and conditions in this Agreement, SixtyFive grants to you a personal, non-exclusive, limited, revocable, non-sublicensable, and non-transferable license to (i) access, download and install the Application on your Device(s) solely for the purpose of using the Solution, and (ii) use any other features made available through the Solution in accordance with the functionality of those features and this Agreement.

You grant to SixtyFive a worldwide, non-exclusive, sublicensable and transferable license to use, copy, distribute, create derivative works of, and display the information (the “Data”) that you enter into, transmit, receive or otherwise provide through, the Solution, solely in order for us to provide the Solution to you and to our other users.

Our license to you, and your use of the Solution, are expressly conditioned on your acceptance of our Privacy Policy.

4. INTELLECTUAL PROPERTY

The Solution contains material, such as software, text, graphics, images, and other material provided by or on behalf of SixtyFive (collectively, the “Content”). The Content presented to you as part of the Solution is owned by SixtyFive or by its licensors and is protected by intellectual property rights under both Singapore and international laws. Except as expressly permitted under this Agreement, no right, title, or interest in or to any Content is transferred to you. The trademarks, service marks, logos, product names and company names (the “Trademarks”) used and displayed in or through the Solution are registered or unregistered trademarks or service marks of SixtyFive and its licensors.

Nothing in the Solution or in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such usage. All goodwill generated from the use of the Trademarks inures to the benefit of SixtyFive and its licensors, as applicable.

Elements of the Solution are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.

5. COMMUNICATIONS

With respect to any communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation to you.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

You acknowledge that SixtyFive does not represent or warrant that the Content and any other data or information provided through the Solution will be accurate or complete.

You also acknowledge that the Solution is not an accounting, or finance, or similar, solution, and SixtyFive is not responsible for any nonconformity, or noncompliance, or disagreement, or similar, with any law, authority regulation, or similar, and for any consequences of those mentioned, in Singapore, or in any other country.

You also acknowledge that it is solely your responsibility to check your financial numbers and keep your financial accounts properly, and SixtyFive cannot guarantee, and is not responsible for, the accuracy, or inaccuracy, of your financial figures, and similar.

You also acknowledge that the Solution is not a payment collection medium, or similar, and therefore it is solely your responsibility to collect payments, make refunds, and similar, and that the Solution only keeps track of the payment information which is entered into it manually by you.

You also acknowledge that the Solution may contain bugs, errors, and other problems that could cause the Solution to be unavailable or to fail to deliver its features or otherwise be unreliable. Consequently, the Solution and the Content are provided “as is” and “as available” without any warranties of any kind, including that the Solution or the Content will be error-free or uninterrupted or that the Solution, its servers, or the Content are or will be secure or free of computer viruses or similar contamination or destructive features.

You also acknowledge that the Data may be stored at external service provider(s), therefore SixtyFive is not responsible for any kind of hardware failure, data loss, unavailability of service, or similar, and any financial, legal, or similar consequences of those mentioned, and that you are solely responsible for the proper back-up of your data entered into, transmitted, or received through, and similar, the Solution.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.

In no event will SixtyFive, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for (i) any incidental, punitive, special or consequential damages, lost profits, lost revenue or anticipated savings, lost data, lost goodwill, or business interruption arising out of this agreement or resulting from the use or inability to access and use the Solution or the Content, regardless of the cause of action (including tort and breach of contract) even if foreseeable, and even if we have been advised of the possibility of such damages; and (ii) any direct damages arising out of this agreement or that you may suffer as a result of your use of the Solution or the Content, exceeding, in the aggregate, the higher of USD 50 (fifty) or the total fees that you have paid to us within the 3 (three) months immediately preceding the events giving rise to any claim for such damages.

Nothing in this agreement shall affect any non-waivable statutory rights that apply to you.

7. EXTERNAL ASSETS

The Solution may contain links, or components, to, or from, third-party websites, or parties, or may otherwise allow you to gain access to third-party websites, or components (“External Assets”). These links, components, and/or access to such External Assets are provided solely as a convenience to you and not as an endorsement by us of the content, or functionality, in such External Assets.

The content, or functionality, of such External Assets is developed and provided by others. You should contact the owner, site administrator or webmaster for those External Assets if you have any concerns regarding such links, functionalities, or any content located in such External Assets. We are not responsible for the content, or functionality, of any linked External Assets and do not make any representations regarding the content or accuracy of materials in such External Assets. You should take precautions when downloading files from all websites to protect your Devices from viruses and other destructive programs.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement and/or your misuse of the Solution.

We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

9. COMPLIANCE WITH APPLICABLE LAWS

The Solution is based in Singapore. The Content, or the Data, may be based outside of Singapore. We make no claims concerning whether the Solution, or the Content, or the Data, may be used or are appropriate for use outside of the Singapore or for your particular industry, company, or intended use. Your access to and usage of the Solution is solely at your own risk. You are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction and industry.

10. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Solution, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Solution at any time without prior notice or liability. You may terminate this Agreement by contacting us at support@biztro.tech. . Upon any termination of this Agreement, the licenses granted above shall terminate, and you shall have no right to continue to use the Solution. Sections 4-12 shall survive the termination of this Agreement.

You acknowledge that subscribing with corresponding App Store, management, renewal and cancellation of the subscription, management of the billing methods, and similar operations are solely your responsibility, and SixtyFive cannot be held liable for the execution for, and any consequences of, those mentioned.

11. GOVERNING LAW

This Agreement and any action related thereto will be governed by the laws of Singapore.

12. OTHERS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you in writing, this Agreement, including our Privacy Policy, constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

If any provision of this Agreement is deemed by a competent court or arbitrator to be invalid, void, or unenforceable, the parties agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the applicable provision, and any unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.