1. ACKNOWLEDGMENT AND ACCEPTANCE OF RENZOO AGREEMENT
Effective: September 01, 2007
Welcome to the Renzoo (the "Service"), owned and operated by Renzoo Ltd ("Renzoo"), a service through which registered Service users can pay for advanced Web messaging solution. The Service is provided to you under this Agreement ("Agreement").
IMPORTANT - READ THESE LICENSE AND TERMS OF USE CAREFULLY BEFORE CREATING AN ACCOUNT AND USING THE RENZOO SERVICES.
BY CLICKING ON THE "I ACCEPT" BUTTON, CREATING AN ACCOUNT OR ACCESSING, USING OR INSTALLING ANY PART OF THE RENZOO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
2. DESCRIPTION OF THE SERVICE
Renzoo currently provides users with access to a rich collection of Web based messaging and communication resources (the "Service").
You acknowledge that the Service is provided "AS-IS" and that Renzoo assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings.
The Service is proprietary of Renzoo and is protected by intellectual property laws and international intellectual property treaties. You acknowledge that access to the Service is licensed and not sold. Renzoo agrees to provide you with a personal, non-transferable and non-exclusive account enabling you to access and use the Service (but not for service bureau, time-sharing, or similar services).
You acknowledge that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation:
(i) Major equipment malfunctions;
(ii) Periodic maintenance procedures or repairs which Renzoo may undertake from time to time; or
(iii) Causes beyond the control of Renzoo or which are not foreseeable by Renzoo including but not limited to problem related to Internet connection or telecommunication public network.
You are solely responsible for obtaining access to the Service and that access may involve third party fees (any telephone or other connection and service fees associated with such access). In addition, you understand and agree that you must provide all equipment necessary to access the Service.
3. SERVICE REGISTRATION
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to:
(i) Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and
(ii) Maintain and promptly update your personal information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Renzoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Renzoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PAYMENT TERMS
Your credit card will be automatically charged for the current fee for the Service use on the date that you click on the "Make payment" button in the ordering process.
Renzoo does not collect data about payment instruments. Payment instruments data are collected directly from authorized secure payment gateway WorldPay, a part of The Royal Bank of Scotland Group (for more information please check www.worldpay.com).
Proof of purchase contains three documents that will be send by email directly to your inbox:
(i) Payment confirmation issued by Renzoo,
(ii) Commercial Invoice issued by Renzoo and
(iii) Transaction confirmation issued by WorldPay. You understand and accept that documents stated above can arrive in your Inbox in any order within 48 hours.
Any dispute in respect of our charges must be notified to us within 30 days of invoice; if no such dispute is notified to us within that period, you will be conclusively deemed to have accepted the accuracy of the invoice.
Under the Distance Selling Regulations you have a right to cancel your order for any payments made via this website, by submitting a request to billing@renzoo.co.uk within seven days of payment, quoting your payment confirmation or bill number.
All refunds received will be deducted for the WorldPay gateway processing costs.
5. PROHIBITED USES
You understand and agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage unacceptable use of the Service, which includes, without limitation, use of the Service to:
(a) Disseminate, store or transmit unsolicited email and text messages, promotional materials, junk mail, spam, chain letters, pyramid schemes or unsolicited commercial email and text messages;
(b) Disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(c) Disseminate or transmit material that is likely to encourage or capable of encouraging anything which is in any way Unlawful, or to incite violence, sadism, cruelty, or racial hatred, or which promotes or facilitates prostitution, or which are likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise;
(d) Disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(e) Create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
(f) Interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network;
(g) Disseminate, store or transmit software viruses, Trojan horses or any other malicious code or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or
(h) Engage in any other activity deemed by Renzoo to be in conflict with the spirit or intent of this Agreement.
You acknowledge, consent and agree that Renzoo may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the Terms of Service;
(c) Respond to claims that any Content violates the rights of third parties;
(d) Respond to your requests for customer service; or
(e) Protect the rights, property, or personal safety of Service, its users and the public.
6. SERVICE ACCOUNT LOGIN AND PASSWORD
You are responsible for maintaining the confidentiality of the account login and password received during a registration process, and are fully responsible for all activities that occur under your account login and password. You agree to immediately notify Renzoo of any unauthorized use of your account login and password or any other breach of security. Renzoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. COPYRIGHT INFRINGEMENT
You may not define as public or distribute in any way any copyrighted material, belonging to others without obtaining their prior written consent. Renzoo reserves the right to terminate your use of the Service and remove any infringing Content if you infringe the copyright rights of others.8. ADDITIONAL SOFTWARE
If you elect to download any elective, additional Software made by Renzoo in connection with the Service, you agree that such Software is subject to the Agreement. You further agree that you may have to agree to additional terms and conditions before you use such Software.
9. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Renzoo has no control over such sites and resources, you acknowledge and agree that Renzoo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Renzoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. RENZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RENZOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENZOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES RENZOO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
RENZOO IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR YOU TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. YOU AGREE TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY RENZOO CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.
12. RESERVATION OF RIGHTS
The Service and its benefits are offered at the discretion of Renzoo, and Renzoo has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Renzoo will not be liable to you or any third-party for any modification or discontinuance of the Service.
13. INTELLECTUAL PROPERTY
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except as expressly authorized by Renzoo you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Renzoo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Renzoo for use in accessing the Service.
14. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Renzoo, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to:
(i) Your violation of this Agreement;
(ii) Your use of the Service, including any data or work transmitted or received; and
(iii) Your unacceptable use of the Service or your violation of any rights of another.
15. INVALIDITY OF SPECIFIC TERMS
If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
16. Force Majeure
If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
17. WAIVER
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
18. SEVERABILITY
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
19. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your Service account is non-transferable and any rights to your Service login or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
20. ENTIRE AGREEMENT
This Agreement is intended to constitute the entire understanding between you and Renzoo, and except as otherwise provided, no addition, amendment or modification of these Agreement shall be effective, unless in writing and signed or accepted by you and Renzoo.
21. NOTICE
All notices to a party shall be in writing and shall be made either via on-line announcements, e-mail, or conventional mail. Renzoo may broadcast notices or messages through the Services to inform you of changes to the Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to you.
22. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.