END USER LICENSE AGREEMENT
Conditions of Use and Service Terms
By clicking the "I Agree" button below, downloading or using BelizeOn, you are agreeing to be bound by the terms and conditions of this Agreement.
Please read the terms and conditions within the End User License Agreement (“Agreement”) carefully before you use BelizeOn. This is a legally binding contract. By assenting electronically, installing BelizeOn and using BelizeOn, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire BelizeOn (collectively “you”).
This Agreement relates to your use of this website and/or the accompanying services, including any mobile application, as well as Updates (each, “BelizeOn”) in connection with which you are accepting this Agreement, and any related Documentation. In this Agreement, “Developer” means CYBRBZ LTD, a company duly incorporated under the laws of Belize, its agents and/or servants, being the provider of BelizeOn to you; “Documentation” means any user manuals and instructions provided with BelizeOn; and “Applicable Conditions” means collectively these Conditions of Use and Service Terms together with the any other transaction terms, conditions and documents you accepted when you acquired BelizeOn, as well as the other limitations described within this Agreement.
Developer may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of BelizeOn at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Developer may require that you accept the amended Agreement in order to continue using BelizeOn. If you decline to accept the amended Agreement, Developer may terminate your use of BelizeOn.
1.1. Developer grants to you a non-exclusive license to use BelizeOn and parts thereof, provided that you agree to the terms and conditions of this Agreement.
1.2. Developer grants this license to use BelizeOn, on the express understanding that the products to be offered for sale thereon are intended solely for Belizean consumers and recipients located in the jurisdiction of Belize.
2. PERMITTED USE OF BELIZEON
2.1. Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Vendor or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of BelizeOn.
2.2. This license does not include any resale or for-profit use of BelizeOn, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of BelizeOn or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
2.3 All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Developer or its licensors, suppliers, publishers, rightsholders, or other content providers.
2.4 BelizeOn, nor any part of any of it, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Developer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BelizeOn without express written consent.
2.5 You may not use any meta tags or any other "hidden text" utilizing Developer's name or trademarks without the express written consent of Developer.
2.6 You may not misuse BelizeOn. You may use BelizeOn only as permitted by law and by this Agreement.
2.7 The licenses granted by Developer terminate if you do not comply with these Conditions of Use or any Service Terms.
3.1. Developer, from time to time and without your separate permission or consent, may deploy an upgrade or update of, or replacement for, BelizeOn (“Update”), and as a result of any such deployment you may not be able to use BelizeOn or certain functions thereof until any such Update is fully installed or activated. Each Update will be deemed to form a part of BelizeOn for all purposes under this Agreement.
3.2. Updates may include both additions to, and removals of, any particular features or functionality offered by BelizeOn or may replace it entirely, and Developer will determine the content, features and functionality of the updated BelizeOn in its sole discretion. Developer is not required to offer you the option to decline or delay Updates, but in any event you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from BelizeOn.
3.3. Developer may stop providing support for BelizeOn until you have accepted and installed or activated all Updates.
3.4. Developer in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you.
3.5. Developer in its sole discretion may stop providing Updates for any version of BelizeOn other than the most current version, or Updates supporting use of BelizeOn in connection with any versions of operating systems, email programs, browser programs and other software with which BelizeOn is designed to operate.
4. OWNERSHIP RIGHTS
4.1. BelizeOn and any documentation owned by Developer in relation thereto are the intellectual property of Developer and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the jurisdiction in which BelizeOn is being used, notwithstanding where access and use occurred.
4.2. The structure, organization and computer code of BelizeOn are valuable trade secrets and confidential information of Developer.
4.3. To the extent you provide any comments or suggestions about BelizeOn to Developer, you grant Developer the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.
4.4. Except as stated in this Agreement, your possession and use of BelizeOn does not grant you any rights or title to any intellectual property rights in BelizeOn or Documentation.
4.5. All rights to BelizeOn and any documentation owned by Developer in relation thereto, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Developer.
5. YOUR ACCOUNT
5.1. You may need your own BelizeOn account to use BelizeOn, and you may be required to be logged in to the account and have a valid payment method associated with it.
5.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
5.3. BelizeOn may sell products intended for children, but the contractual agreement surrounding the sale transaction may only be entered into by adults, who can purchase with a permitted payment method. If you are under the age of 18, you may not use BelizeOn.
5.4. Alcohol listings on BelizeOn are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol.
5.5. Developer reserves the right to refuse service, terminate accounts, terminate your rights to use BelizeOn, remove or edit content, or cancel orders in its sole discretion.
6. PRICING AND PRODUCT DESCRIPTIONS
6.1. Developer attempts to be as accurate as possible. However, Developer does not warrant that product descriptions or other content of BelizeOn is accurate, complete, reliable, current, or error-free. If a product offered by BelizeOn itself is not as described, you must act in accordance with the Refund, Return and Replacement Policy in this Agreement.
6.2. A manufacturer, supplier, or vendor using BelizeOn will list a product at a given price. Developer regularly checks stated prices against its own databases. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on BelizeOn.
6.3. Despite Developer’s best efforts, one or more listed items may be mispriced. If the correct price of an item is higher than our stated price, the manufacturer, supplier or vendor who listed the product on BelizeOn will be notified, and we and/or that manufacturer, supplier or vendor may, at Developer’s sole discretion, contact you for instructions before shipping or cancel your order and notify you of such cancellation.
7. REFUND, RETURN AND REPLACEMENT POLICY
7.1. BelizeOn provides the medium through which any Customer dissatisfied with a Product or the service surrounding the delivery of a Product by a vendor can seek recourse.
7.2 Depending on the nature of the issue with your Order, you should act in accordance with the provisions below:
7.2.1 For Product(s) Delivered with Physical Damage:
188.8.131.52 You are solely responsible for checking your items prior to signing and confirming safe delivery.
184.108.40.206 If a Product arrives to you with physical damage, you should contact Developer using the contact information listed in and provided as part of BelizeOn or use the Notice address in this Agreement to report the problem.
220.127.116.11 Developer will, within twenty-four hours, acknowledge receipt of your report and will immediately begin the process of verifying your order and delivery transaction details with the vendor and/or shipping company.
18.104.22.168 Developer may request further proof of the damage and/or incorrect delivery by way of submission of photographs, videos or other evidence. Developer reserves the right to share the evidence with the vendor(s) and/or shipping company in pursuit of a solution.
22.214.171.124 If Developer confirms that there has been an error, omission or deliberate damage to your Product, you will be informed through BelizeOn of your options to (1) return of the damaged product along with a whole or partial refund, at the sole discretion of Developer; (2) return the damaged product in exchange for a replacement from the Vendor; or (3) a full or partial refund with no further conditions.
126.96.36.199 Developer reserves the right to provide a refund only in the form of store credit via BelizeOn gift cards and/or vouchers redeemable only on BelizeOn.
188.8.131.52 You may be required to pay shipment costs again for a replacement item.
184.108.40.206 Where Developer has informed you that the responsibility to remedy the issue rests solely on the vendor and/or shipping company, Developer holds no liability for any failure of that entity in fulfilling the correction. In this event, Developer encourages you to file a further report through BelizeOn to once again initiate a remedy process.
7.2.2 For Product(s) with Functional Damage or For Receiving the Incorrect Product(s):
220.127.116.11 If an incorrect Product or a Product with damage which affects its functionality arrives to you, you should contact Developer using the contact information listed in and provided as part of BelizeOn or use the Notice address in this Agreement to report the problem.
18.104.22.168 Developer will, within twenty-four hours, acknowledge receipt of your report and will immediately begin the process of verifying your order and delivery transaction details with the vendor and/or shipping company.
22.214.171.124 Developer may request further proof of the damage and/or incorrect delivery by way of submission of photographs, videos or other evidence. Developer reserves the right to share the evidence with the vendor(s) and/or shipping company in pursuit of a solution.
126.96.36.199 If Developer confirms that there has been an error, omission or deliberate damage to your Product, you will be informed through BelizeOn of your options to (1) return the damaged or incorrect product along with a whole or partial refund, at the sole discretion of Developer; (2) return the damaged or incorrect product in exchange for a replacement from the Vendor; or (3) a full or partial refund with no further conditions.
188.8.131.52 Developer reserves the right to provide a refund only in the form of store credit via BelizeOn gift cards and/or vouchers redeemable only on BelizeOn.
184.108.40.206 You may be required to pay shipment costs again for a replacement item.
220.127.116.11 Where Developer has informed you that the responsibility to remedy the issue rests solely on the vendor and/or shipping company, Developer holds no liability for any failure of that entity in fulfilling the correction. In this event, Developer encourages you to file a further report through BelizeOn to once again initiate a remedy process.
7.2.3 Your Product Never Arrived:
18.104.22.168 If you have not received your Product(s) after the expected delivery time has passed, you should contact Developer using the contact information listed in and provided as part of BelizeOn or use the Notice address in this Agreement to report the problem.
22.214.171.124 Developer will, within twenty-four hours, acknowledge receipt of your report and will immediately begin the process of verifying your order and delivery transaction details with the vendor and/or shipping company.
126.96.36.199 If Developer confirms that your Product(s) was/were not delivered, you will be informed through BelizeOn of the new delivery details for the Product(s). If, for any reason, the order can no longer be fulfilled, BelizeOn will advise you of your options to (1) receive the Product when vendor’s stock is renewed along with a whole or partial refund, at the sole discretion of Developer; or (2) receive a full or partial refund with no further conditions.
188.8.131.52 Developer reserves the right to provide a refund only in the form of store credit via BelizeOn gift cards and/or vouchers redeemable only on BelizeOn.
184.108.40.206 Where Developer has informed you that the responsibility to remedy the issue rests solely on the vendor and/or shipping company, Developer holds no liability for any failure of that entity in fulfilling the correction. In this event, Developer encourages you to file a further report through BelizeOn to once again initiate a remedy process.
8.1 You may not copy or use BelizeOn or any part thereof except as set forth in this Agreement. You may not, and may not permit any third party to:
8.1.1 use any authorization code, license number, username/password combination or other activation code or number supplied by Developer in connection with BelizeOn on, or for, unauthorized access and/or access by more than the number of devices reasonably allowable under this Agreement;
8.1.2 disclose any activation codes, passwords, gift card vouchers or other information to any party other than Developer or Developer’s designated representatives;
8.1.3 except as expressly authorized by law: (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract from BelizeOn or any portion of BelizeOn; or (B) change, modify or otherwise alter BelizeOn;
8.1.4 except as authorized by a distribution agreement, reseller agreement or other agreement between you and Developer, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense BelizeOn or any part thereof;
8.1.5 except as expressly authorized by this Agreement, use BelizeOn or any part thereof to manage the facilities of a third party or grant any third party access to or use of BelizeOn on a service bureau, timesharing, subscription service or application service provider or other similar basis;
8.1.6 use BelizeOn to provide or build a product or service that competes with BelizeOn;
8.1.7 use BelizeOn in a manner that violates Developer’s published acceptable use policy;
8.1.8 use or attempt to use BelizeOn to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of BelizeOn;
8.1.9 defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on and encryptions for the use of BelizeOn.
8.2 Certain terms of this Agreement may grant you or another user administrative privileges that, among other things, may allow the administrator to monitor devices and/or the status of BelizeOn deployed on devices, including for example account status, BelizeOn messages, and Updates.
8.2.1 You represent and warrant that you will exercise such administrative privileges only with respect to Devices and BelizeOn for which you are duly authorized and for no other purpose.
8.2.2. You also represent and warrant to Developer that: (i) you have all the requisite authority to accept this Agreement, and install and/or use BelizeOn on device(s), on 9 behalf of any owners and users of that administered device(s); and (ii) you hereby accept this Agreement for and on behalf of: (A) any such owners and users of that administered device(s); and (B) yourself.
8.3 Certain terms of this Agreement may enable you to publish or share publicly with others, content you have generated or obtained from other sources (“User Content”).
8.3.1 You retain any and all intellectual property rights you already hold under applicable law in User Content you publish or share through BelizeOn, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of others in any User Content that you may use or modify.
8.3.2 You grant to the Developer, its agents and/or servants a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, adapt, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of the User Content you publish or share through BelizeOn (and derivative works thereof), solely for the purpose of providing BelizeOn to you under this Agreement.
8.3.3 Each time you publish or share any User Content, you represent and warrant to each member of the Developer that you are at least 18 years of age and/or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you publish or share, and that, in regard to that User Content:
220.127.116.11 you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to publish and share the User Content and grant the Developer the right to use it as described in this Section, all without any obligation being imposed on the Developer to obtain the consent of any third party and without creating any obligation or liability whatsoever for the Developer;
18.104.22.168 the User Content is accurate;
22.214.171.124 the User Content does not and, as to the Developer’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and
126.96.36.199 the User Content will not violate this Agreement or cause injury or harm to any person.
9. LIMITED WARRANTY; DISCLAIMER AND EXCLUSION OF LIABILITY
9.1 TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEVELOPER OR ANY COMPANY THAT CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH DEVELOPER OR THEIR RESPECTIVE AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK OR SYSTEMS ANY VERSION IS PROVIDED, OR ANY OTHER BUSINESS PARTNER OF ANY MEMBER OF THE DEVELOPER GROUP (COLLECTIVELY, THE “DEVELOPER PARTNERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
9.1.1 ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY;
9.1.2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE (INCLUDING BELIZEON), WASTED EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
9.1.3 ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR BELIZEON ACCESS PROVIDED HEREUNDER;
EVEN IF THE DEVELOPER OR DEVELOPER PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
9.2 THE DEVELOPER AND ANY DEVELOPER PARTNERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING BELIZEON.
9.3 BELIZEON IS PROVIDED “AS IS” AND THE DEVELOPER AND ANY DEVELOPER PARTNERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
9.4 DEVELOPER DOES NOT WARRANT THAT THE OPERATION OF BELIZEON WILL BE UNINTERRUPTED OR ERROR FREE, THAT BELIZEON WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT BELIZEON WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
9.5 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ANY VERSION OF BELIZEON PROVIDED TO YOU WITHOUT FEES (INCLUDING ANY VERSION PROVIDED AS A “FREE,” “TRIAL” OR “BETA” VERSION) IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR OTHER SERVICES BY DEVELOPER.
9.6 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, THE DEVELOPER OR DEVELOPER PARTNER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, DEGRADATION, UNAVAILABILITY, ERASURE, THEFT, DESTRUCTION, ALTERATION, DISCLOSURE OR LOSS OF ANY DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR IN CONNECTION WITH BELIZEON REGARDLESS OF THE CAUSE.
9.7 TO THE FULL EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL THE DEVELOPER OR ANY DEVELOPER PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO ANY SOFTWARE, THE SUBSCRIPTION OR THIS AGREEMENT EXCEED THE GREATER OF: (I) TEN BELIZE DOLLARS (BZ$10.00); AND (II) THE AMOUNT OF THE PLATFORM FEES, IF APPLICABLE, WHICH YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 3 MONTHS.
9.8 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF THE DEVELOPER AND DEVELOPER PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR:
9.8.1 DEATH, PERSONAL INJURY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS; AND
9.8.2 ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
10.1 In relation to User information, provided to BelizeOn either manually or automatically:
10.1.1 Developer receives and stores any information you enter on or provide to BelizeOn. You can choose not to provide certain information, but this may prevent you from being able to take advantage of some features. Developer may use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving services, and communicating with you.
10.1.2 Developer receives and stores certain types of information whenever you interact with BelizeOn. For example, like many Web sites, Developer uses "cookies," and obtains certain types of information when you access BelizeOn or advertisements and other content served by or on behalf of BelizeOn.
10.1.3 When you download or use BelizeOn mobile applications or its subsidiaries, Developer may receive information about your location and your mobile device, including a unique identifier for your device. Developer may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
10.1.4 Developer might receive information about you from other affiliated sources and add it to your account information.
10.1.5 Developer works closely with businesses and individual vendors who use BelizeOn to sell products to you, and shares customer information related to those transactions with those vendors.
10.1.6 Developer may employ other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, offering gift cards and vouchers, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
10.1.7 From time to time, Developer may send offers to selected groups of BelizeOn customers on its own behalf or on behalf of other businesses. When Developer does this, Developer does not give that business your name and address. User may indicate to Developer if it does not wish to receive these offers.
10.1.9 Other than as set out above, you will, at the sole discretion of Developer, receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
10.2 You acknowledge and agree that BelizeOn may communicate automatically with Developer’s cloud-based technology and servers in order to function, and to make any BelizeOn and other Developer products and services more effective. You may withdraw your consent to such communication only by uninstalling and/or deactivating BelizeOn.
11.1 This Agreement will immediately terminate upon your breach of any of your obligations in this Agreement.
11.2 Developer reserves the right to pursue any other remedies available under law in the event your breach of any of your obligations under this Agreement adversely affects the Developer or any Developer Partner. The exclusions and limitations of liability of the Developer and Developer Partners contained in this Agreement will survive termination of this Agreement.
11.3 Developer, by notice to you, may immediately terminate this Agreement for convenience at any time with respect to BelizeOn and the entire and exclusive liability of the Developer and each Developer Partner, and your sole and exclusive remedy, in respect of any such termination will be limited only to a refund for any unexpired or unused gift vouchers or other fees which you may have paid for which services remained due.
11.4 From the effective date of such termination you will no longer be entitled to access and use BelizeOn or any part thereof.
12.1 This section applies to any Dispute arising from or related to any use of BelizeOn or under this Agreement, and involving you and Developer. “Dispute,” for the purposes of this section, means any contention, action, or other controversy regardless of the particular cause of action(s) asserted (i.e. it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, misrepresentation or fraud, indemnification, tort (including negligence) violation of statute or regulation).
12.2 In the event of a Dispute, you must provide Developer with a notice of Dispute, which is a written statement of your name, address and contact information, the facts giving rise to the Dispute, and the relief requested by you. You must send any notice of Dispute by email, and/or registered mail to Developer with subject line “Notice of Dispute Under s. 12 EULA” at:
104 Barrack Road
12.3 ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, “FIAT TO PROSECUTE” ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
12.4 If you and Developer do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration, which shall be conducted in Belize in accordance with the Arbitration Act, subsidiary rules and/or regulations, or any other applicable statutory provision for arbitration. The UNCITRAL Arbitration Rules shall be used in the absence of applicable provisions being provided under Belize law.
12.5 The written decision of the arbitrator shall be final and binding and enforceable under the laws of Belize, having jurisdiction over the parties and the subject matter of the arbitration.
12.6 Notwithstanding the foregoing, this section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
12.7 The arbitration requirement of this section is subject to the exception that all Disputes concerning any alleged misappropriation of your or Developer’s intellectual property will be resolved in court.
12.8 If one or more parts of this section are found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then, and only in that circumstance, those parts will be severed and the Dispute will be resolved subject to all remaining parts of this section and all other provisions of this Agreement. If such severance results in all or some parts of a Dispute proceeding in a court of law, exclusive jurisdiction for any such court proceeding will be the Supreme Court sitting in Belize, Central America.
12.9 For purposes of any court proceeding, you consent to, and will not challenge, the jurisdiction of Belize’s courts over you, and you further waive objection based upon improper venue or forum non conveniens and will not seek transfer to another court or jurisdiction.
13. SPECIAL TERMS
13.1 The following special terms apply to use of BelizeOn. If these special terms conflict with the remainder of the Agreement, these special terms will govern and take precedence:
13.1.2 (a) Developer or a Developer Partner, as a condition to providing technical support or other services, may instruct you to download and install a software program or grant access (the “BelizeOn Support”) allowing the Developer or Developer Partner to gain remote access to your device, gather information about the device and its operations, diagnose and repair the problem, and change device settings. You may also need to follow other instructions given by the Developer or Developer Partner.
(b) If you or Developer/Developer Partner install or allow/gain access by or to BelizeOn Support on a Device, that BelizeOn Support:
(i) May require that you activate it on your device. If you do not complete the activation process within the period of time requested by the Associate or as prompted by the BelizeOn Support, the BelizeOn Support may cease to function until the activation is complete.
(ii) May communicate with Developer’s (or its partner’s or contractor’s) servers on a regular basis to: (i) ensure that you receive all the services and software you are eligible to as part of your BelizeOn; (ii) enable you to promptly launch a chat session with an Associate as part of your BelizeOn; or (iii) give you access to certain self-service tools as part of your BelizeOn.
(iii) May by default constantly run on your device and perform various background tasks that help maintain your device in working condition. When running, it may collect various data regarding your device, including its technical specifications, information regarding its operating system, downloaded and/or installed software, updates and upgrades, the availability and the status of your security software, backups and firewalls, various unique identifiers, system and software error messages, network connections status, connected peripherals and other connected devices, and such similar information and data. This information helps Developer to prevent many common issues that you may be experiencing, and also to quickly identify problems for which you may be requesting Developer’s support.
14.1 Internet connection. Use of BelizeOn may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
14.2 Product names. Developer from time to time may change the name of BelizeOn, or change the name or logo applied to BelizeOn completely or change to the name or logo of the Developer or a Developer Partner. These changes do not alter your agreement to Applicable Conditions for BelizeOn, or this Agreement, and do not give you any right to terminate your subscription for BelizeOn, or this Agreement.
14.3 Notice. Developer may at any time deliver any notice to you via electronic mail, pop-up window, dialog box or other means, even though in some cases you may not receive the notice unless and until you launch BelizeOn. Any such notice will be deemed delivered on the date Developer first makes it available through BelizeOn, irrespective of when you actually receive it. Notice to Developer:
104 Barrack Road
Fax: (501) 227-8551
14.4 Separate Agreements. If you acquired two or more BelizeOn accounts, even in a single transaction, or you acquired accounts in different capacities, e.g. as a vendor and as a User, you may have accepted this End User License Agreement multiple times. Although the terms and conditions you accepted may be similar or identical, each time you accepted the terms and conditions of this End User License Agreement you entered into a different and separate agreement between you and the Developer providing the applicable BelizeOn.
14.5 Entire Agreement. This Agreement constitutes the entire agreement between you and Developer relating to your use of BelizeOn. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, statements, warranties and representations with respect to your installation and/or use of BelizeOn. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract. This Agreement and all Applicable Conditions, to the greatest extent reasonably practicable, will be construed to be consistent with each other, but in the event of a conflict they will govern in the following order of precedence: (i) this Agreement and (ii) Other Applicable Conditions.
14.6 Interpretation. The headings in this Agreement do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. The words “includes” and “including” will be construed as followed by the words “without limitation.” Any reference to “use” of any software, BelizeOn or Update by you shall be deemed to include any installation of any such software, BelizeOn or Update by you (unless the context otherwise requires). This Agreement was originally prepared in the English language. Although Developer may provide one or more translated versions of this Agreement for your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the terms of this Agreement will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
14.7 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any applicable laws, it shall to that extent be deemed not to form part of this Agreement but the remainder of this Agreement will remain valid and enforceable to the greatest extent permitted by applicable law.
14.8 Impossibility/Force Majeure. Developer will not be liable for any failure or delay in performance, due in whole or in part, to utility failures (including power), failure of the internet, failure of telecommunications or information technology services, failure of telecommunications or information technology equipment, strikes or other labor disturbances (including without limitation a strike or other labor disturbance arising in respect of the Developer or any Developer Partners), acts of war or terror, denial of service attacks or other information technology attacks or breaches affecting the Developer or any Developer Partner, floods, sabotage, fire, other natural disasters or Acts of God, or any other cause beyond the Developer’s or Developer Partner’s reasonable control.
14.9 Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance with this Agreement, and the terms, conditions and provisions of this Agreement shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision of this Agreement by the other party shall not be construed as a continuing waiver of such breach or as a waiver of other breaches of the same or of other provisions of this Agreement.
14.10 Assignment. You may not assign your rights or obligations under this Agreement without the prior written consent of Developer. Developer may assign this Agreement at any time in its sole discretion without any prior written consent by you.
4.11 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any person other than you, the Developer and Developer Partners, any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. No person other than you and the Developer may bring a cause of action pursuant to this Agreement. Developer will be entitled (but not obligated) to enforce any rights, remedies, limitations and exclusions of liability, and legal defenses of any the Developer or Developer Partner under this Agreement, including any rights and remedies for any loss, damage or claim suffered or incurred by the Developer or Developer Partner: (i) arising from or in connection with any failure by you to comply with any term or condition of this Agreement; or (ii) you are required to indemnify under this Agreement. No such loss, damage or claim will be deemed excluded as indirect, consequential or incidental loss or damage as a result of such loss, damage or claim having been suffered or incurred by Developer Partner rather than by Developer.
4.12 Governing Law. The governing law of this Agreement will be the substantive laws of Belize, Central America. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded, to the extent that any domestic ratification and adaptation thereof in the laws of Belize shall be recognized.