A. Acceptance of Terms
B. Biztox's Obligations to You
C. Your Obligation's to Biztox
D. Age Restriction
E. Security and Member Privacy
F. Member Account Registration
G. Member Conduct
I.  Disclaimer of Warranties
J. LIMITATION OF LIABILITY
K. Indemnification
L. Modification and Termination of the Service
M. Modification to the TOU
N. TOU Violations
O. Entire Agreement
P. Consumer Cancellation of Service
Q. Refunds
R. Governing Law

Preface to Terms of Use

What are the Terms of Use?

The Terms of Use, set out below, are the only basis upon which Biztox will supply you with access to an on-line facility to allow Members and Non Members to send video messages and additional attachments by email. You may not make any changes to or any modification of these terms. If you want to use the Service you must accept the Terms of Use.

Why should I read them?

It is very important that you fully understand the Service that is being offered to ensure you use the Service appropriately. We have written the Terms of Use in a manner which we hope will enable you to easily understand the nature of the Service offered and the Terms under which it must be used.

TERMS OF USE

A. Acceptance of Terms

The Terms of Use ('TOU') are the only basis upon which Biztox will supply you with a sending of a video message by email as described on the Biztox website and herein referred to as the 'Service'. You may not make any changes to or modification of these terms. By registering and being a member you agree to be bound by all Terms and Conditions of the Service.

The rest of the TOU is broken into a number of different sections:
Biztox's Obligations to You
Your Obligation's to Biztox
Security and Member Privacy
Member Account Registration
Member Conduct
Biztox's Proprietary Rights
Disclaimer of Warranties
LIMITATION OF LIABILITY
Indemnification
Modification and Termination of the Service
TOU Violations
Entire Agreement
Governing Law

B. Biztox's Obligations to You

Subject to the TOU, Biztox will:
Inform you of any changes to the TOU from time to time. See 'Modification to the TOU'.
Remind you of aspects of 'Your Obligation to Biztox' at appropriate times during your use of the Service.
Treat your personal information in a responsible manner. See 'Security and Member Privacy'
Supply the Service using operating procedures designed to ensure the Service's security and System availability.
Answer any queries you have regarding the TOU, Service and the operation of your account.


C. Your Obligations to Biztox

You will accept liability for some events which may occur. See 'Indemnification'.
You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from Biztox.
You are aged 13 or over.
You will at all times use the Service in good faith and in a responsible manner
You will not allow anyone other than yourself and Biztox to access your account.
You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without Biztox's prior written approval.
You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or Biztox.
Comply with all terms of 'Members Conduct' and 'Members Account Registration' of the TOU.

D. Age restriction

Biztox does not knowingly permit any child under 13 years of age to register for an account. The registration process asks for the age and date of birth of all registrants. Biztox cannot be held accountable for any registration that is made using false date of birth credentials.

If you allow a child under the age of 13 to use your account this is completely at your discretion and the contents sent by the child under 13 are solely your responsibility. Biztox does not accept responsibility for any content sent from your account and you indemnify Biztox against any claims related to such usage.

Biztox will take all reasonable measures to ascertain that users are above 13 years of age and are sending acceptable greeting content. This may include telephone calls to research users where reasonable doubt exists. If Biztox suspects that any user is below the age of 13 we will immediately terminate their account until appropriate proof of age is provided. This may necessitate the need for copies of birth certificates and or the written confirmation from the parents or guardians of the user.

E. Security and Member Privacy

You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify Biztox immediately on becoming aware of any unauthorised use of your password or account or any other breach of security.

Biztox has put in place security measures to protect against the loss, misuse and alteration of the information collected. Our web servers are locked in cages in a highly secure internet data centre. A 'firewall' (an internet security device) sits between the Biztox website and the internet to help prevent any unauthorised user from accessing any data. You agree that Biztox and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfil the obligations under this Agreement. To learn more about how the Service deals with privacy then please see the FAQs in the 'Privacy Policy'

Biztox understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to Biztox will not be sold or otherwise distributed to third parties. Biztox reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Biztox or enforce the TOU.

If you have ticked the box that opts into receiving special offers Biztox may send you information from a list of carefully selected marketing partners. Biztox also reserves the right to collect and distribute non-personal demographic information to third parties for the purpose of sales and marketing of Biztox as a company. As such this information would not contain any information that would allow your identity to be deduced. If you do not wish to receive our special offers, even though you may have originally opted to do so, please contact us at customerservices@biztox.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and we will ensure you do not receive third party offers

F. Member Account Registration

To register as a Biztox Member, you agree to:

Provide us with current, complete and accurate information about yourself (the registration data); Maintain and promptly update the registration data to keep it current, complete and accurate at all times; To represent only you on the Service, and no other persons, living, dead, or imagined. If you provide any information that is not current, or is incomplete or inaccurate, or Biztox has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, Biztox has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service. Under no circumstances does Biztox have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.

G. Member Conduct

As a condition of your use of the Service, you guarantee to Biztox that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

Defame abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. Create a false or misleading identity of, including, but not limited to, a Biztox employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law. Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. Interfere with another member's use and enjoyment of the Service. Without prejudice to the 'Security and Member Privacy' of the TOU, Biztox has no obligation to monitor the Service or any member's use thereof. Biztox's Proprietary Rights You acknowledge and agree that the Biztox content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Biztox (collectively the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Such Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU. Certain of the names, logos, and other materials displayed on the Biztox web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Biztox. You agree that Biztox retains and owns all right, title and interest in the Content and IP Rights, and that the TOU does not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights. You are authorised to use such Content and IP rights solely for the limited purpose of sending the Biztox hosted by the Service.

I. Disclaimer of Warranties

YOU 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 and the warranties on the part of Biztox contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Biztox, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BIZTOX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. The information and content included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information contained with the Service and Biztox and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from Biztox or through the Service shall create any warranty not expressly stated in the TOU. Except as otherwise expressly provided in the TOU, Biztox does NOT represent or warrant that:

The Service will meet your requirements. The Service will be uninterrupted or error-free, timely or secure. Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable. The content of the Service input by other members is correct or accurate.

J. LIMITATION OF LIABILITY
1. YOU AGREE THAT BIZTOX SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT BIZTOX SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER BIZTOX HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE;
DATA GOODWILL;
PROFITS, OR OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
ERROR;
OMISSION;
INACCURACY;
INTERRUPTION;
DELETION;
DEFECT;
DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS;
COMMUNICATION LINE FAILURE;
THEFT;
DESTRUCTION OR unauthorised ACCESS;
ALTERATION;
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF BIZTOX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

2. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE. 3. AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF BIZTOX TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO BIZTOX. 4. ANY COMPLAINT FROM THE RECIPIENT OF A BIZTOX YOU MAY HAVE SENT FOR WHATEVER REASON

K. Indemnification

You agree to indemnify, defend and hold harmless Biztox, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

L. Modification and Termination of the Service

You agree that Biztox, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Biztox believes that you have violated or acted inconsistently with the letter or spirit of the TOU.

Biztox may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that Biztox may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with Biztox. Nevertheless, where possible, Biztox will use reasonable endeavours to give Members fair notice of termination or suspension of their access to the Service. Further you agree that Biztox shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.

M. Modification to the TOU

Biztox reserves the right to change the TOU or policies regarding the use of the Service at any time. In this event you will be sent an email detailing the changes. Upon your next logon to the Service you will be asked to indicate your acceptance of the new TOU, acceptance of which is required to allow your continued use of the Service.

Biztox reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Biztox shall not be liable to you or any third party for any modification to or discontinuance of the Service.

N. TOU Violations

Please report any violations of the TOU to Customer Support via 'Contact Us'

O. Entire Agreement

These TOU constitutes the entire agreement between Biztox and the Member and supersedes any previous agreement or understanding between Biztox and the Member.

P. Consumer cancellation of service

If you wish to cancel your account with Biztox you can do so by logging into your account and clicking on the Cancel Membership function. When you do this your Biztox account will be terminated and you will not be able to log in and use your old account. If you wish to use Biztox again, you will be required to register for a new account. Biztox accepts no responsibility for any errors you may make in accidentally deleting your Biztox account. If you have difficulties cancelling your account, please contact us at customerservices@biztox.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and we will assist you with your cancellation. You may be asked for proof of identification including home address and your account username and password.

Q. Refunds

Biztox makes no refunds whatsoever after you have completed the payment process. Biztox will not be held responsible for any errors made in the keying of inaccurate e-mail addresses and mobile phone numbers.

Refunds will not be granted for any errors that you make in keying essential contact information. In the event that the Biztox service fails to work and the reasons are audited and found to be technical failure on our part, we will refund the transaction amount. Other than refunding your transaction amount, Biztox will make no compensation payments whatsoever if the service fails to work for any reason whatsoever.

If you feel the service has failed to work, please provide details of this alleged failure including: (a) the date you made the transaction (b) the name or names of the people you attempted to send the Biztox to and the e-mail addresses and telephone numbers you keyed. This information needs to be sent by e-mail to customerservices@biztox.com. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it. We will respond to your query inside 72 hours of receipt of your e-mail.

R. Governing Law
These TOU shall be governed in all respects by England and Wales law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the English courts located in England and Wales