Terms and Conditions
For legal reasons Terms and Conditions of Revbay should be in English language only
For all purposes the Revbay website i.e. www.revbay.com website or part of the website which are integrated on others’ websites in form of including but not limited to tools, widgets, frames, forms, etc., or the external tools that connects to website such as including but not limited to mobile applications, integration systems, streaming systems, partner systems, etc., shall be herein after referred to as 'Site'.
This website including its tools, applications and services are intended solely for access and use by individual who are at least Eighteen (18) years old and above. By accessing and using our Site including its tools, applications and services, you warrant and represent that you are at least Eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Use of the site & PROHIBITIONS
(a) you must not use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools
(b) you should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons;
(c) you must not republish, sell, rent or sub-license any materials from this website including republication on another website;
(d) you must not collect and disclose information about users’ personal information;
(e) you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
(f) you must not post false, inaccurate, misleading, defamatory, or libelous content;
(g) you must not take any action that may damage the rating system.
(h) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
REGISTRATION / MEMBER ACCOUNT
In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.
Charges For Using Revbay
Revbay is a product for individual and businesses to manage and maintain reviews, testimonials and feedbacks online and an referral management system to reach more customers. Since this product benefits businesses, it cannot be offered for Free. But we are offering a 15 day free trial for the basic product. However there are some upgraded features which are available as part of Premium subscription too. The amount that would be charged to you shall be based on your subscription details that you can find under BILLING section in your dashboard. You can make payments by using our Payment Gateway.
You are liable to make payments immediately on invoice failing which your account could be downgraded. You are also liable to make FULL payments and any part payments will also be liable for deactivation of the account. Once your account has been deactivated, you could re-activate it in the future by paying the balance amounts of previous cycles.
LINKs & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only on the profile public page or broadcast or messages section; (ii) you do not remove or obscure any advertisements, copyright notices, poweredby Revbay, or other notices on the placed at the Site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU
By participating in site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our Site to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY rights
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make part of the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of RevbayTM and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of RevbayTM. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. Waiver and Severability of Terms. Failure of the RevbayTM to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Bangalore,India, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Choice of Law; Jurisdiction; Forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Bangalore,India, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement will remain in full force and effect while you use the Site. You may disable your membership at any time for any reason from your My Account Page. We may disable your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is disabled, certain sections of this Agreement will remain in effect.
Revbay does not provide any Delete Account or Terminate Account option.
You can Disable your account by which all your profiles and user account shall be disabled.
If you wish to re-enable your account in the future you can do so by sending an email to firstname.lastname@example.org with subject as "Enable my Account - Email address". If you had registered to Revbay using any social networking integration such as Facebook, Google or Linkedin, then you could send us the email address that you have registered at these social networking systems.
Control of Reviews
With requirement of many international laws and google search engine guidelines, No reviews can be kept on a 'To Publish/Save' state. Hence the review should be either be changed to "Publish" or "Feedback" State. Publish state allows automatic publishing of review content on all the websites and other social media integrations of the business, where as "feedback" state would enable the review to be visible only on the Revbay Landing page which is Google SEOed.
In order to abide by the laws and guildelines, Revbay allows any review to be in 'To Publish/Save' state only for 3 days within which actions has to be taken by the authorised personnel, else automatically the review would be set to 'feedback' state.
Usage of Coupons Generated via Revbay
Businesses who have a profile on Revbay has an opportunity to generate coupons and give it away to their customers. These coupons are setup and created by the business themselves and have been distributed to people who have been acquired by the business via one or more channels inclusive of Revbay.
Revbay hereby declares that it provides the business i.e. the revbay customer with necessary software solution to setup, generate and claim such coupons. However for any reason the Business from whom the coupon was generated does not honour such coupons sent to their customers or prospect or any person, then Revbay shall not be obligated to support such claim or reimburse the same. Revbay is only a medium or software provider for such solution.
Usage of Information Provided by customers, prospects or any preson within the Revbay System
Customers, Prospects or any person while they execute any action such as giving a review to the business/profile or submitting the enquiry form, or any action executed in revbay may have to authenticate themselves with their name, email, phone number, facebook details, twitter details or any other contact details. These information would be collected as part of the system process for authentication and validation of the person or to communicate information to that person. Such information is also available with the business / profile.
For People who share information: You hereby agree (while you share such details) to allow either Revbay, its personnel or partners or the business who owns the profile (where you have provided your details) to send you information that is related to any transaction, activity or any promotional and marketing content. For any reason for that matter if you do not wish to receive such information, you shall have to explicity inform the business not to send any communication email or sms to you.
For Business / owner of the profile who receive information: You hereby agree that you shall not misuse the system for unsolicit sending any kind of information / content / coupons to any unknown persons and shall be only for intended recipients who have agreed and requested for such information. You shall agree that any misuse of the system could lead to disablement of your account and any fines, legal fees, or any charges applied for such misuse shall be borne by you.