Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
1.1. basenjiapps.net, website located at
basenjiapps.net
(the "Website"), the content available via the Website, and our emails (the
"Content") are distributed by Basenji Apps Limited ("we" "us" "our" or the
"Company"). The Website together with the Content, tools, transactions and
other services available by using the App and the Website, are collectively
referred to as the "Service".
1.2. Your access and use of the Service constitutes your agreement to be bound
by these Terms and Conditions of Use (the "Terms"), which establish a legally
binding contractual relationship between you and the Company. For this reason,
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy The terms of the Privacy
Policy and other supplemental terms, policies or documents that may be posted
on the Service from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms at any time and for any reason.
1.4. Unless otherwise expressly provided herein, we will alert you about any
changes by updating the "Last updated" date of these Terms and you waive any
right to receive specific notice of each such change.
2. IMPORTANT DISCLAIMERS
2.1. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF
WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS
PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND
RIGHT TO PARTICIPATE IN A CLASS ACTION (MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR
SERVICE AS PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR
ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
2.2. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT
ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE
WEBSITE OR OTHERWISE USE THE SERVICE.
3. USE OF SERVICE: AGE RESTRICTIONS
3.1. The Service provides its users with personalized personal development
plan. In order to use the Service, you must provide certain information about
yourself.
3.2. If you use the Service, you represent and warrant to the Company that:
(i) all required registration information you submit is truthful and accurate;
(ii) you will maintain the accuracy of such information; and (iii) your use of
the Service does not violate any applicable law or regulation or these Terms.
Otherwise, the Service may not operate correctly, and we may not be able to
contact you with important notices.
3.3. The Service is not intended to be used by individuals under age of 16.
You hereby represent and warrant to the Company that you meet the foregoing
qualification. All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Service. If you
are a minor, you must have your parent or guardian read and agree to these
Terms prior to you using the Service.
3.4. The Company reserves the right to suspend or terminate your Profile, or
your access to the Service, with or without notice to you, in the event that
you breach these Terms.
3.5. By using the Service, you agree to receive certain communications, such
as updates on the Service or a periodic e-mail newsletter from the Company.
You can opt-out of non-essential communications by unsubscribing from the
email notification.
3.6. The Service may be modified, updated, interrupted or suspended at any
time without notice to you
or our liability.
4. OTHER ASPECTS OF SERVICE; USER CONTENT
4.1. You acknowledge that all the text, images, marks, logos, compilations
(meaning the collection, arrangement and assembly of information), data, other
content, software and materials displayed on the Service or used by the
Company to operate the Service (including the Website and the Content and
excluding any User Content (as defined below)) is proprietary to us or to
third parties.
4.2. The Company expressly reserves all rights, including all intellectual
property rights, in all of the foregoing, and except as expressly permitted by
these Terms, any use, redistribution, sale, decompilation, reverse
engineering, disassembly, translation or other exploitation of them is
strictly prohibited. The provision of the Service does not transfer to you or
any third party any rights, title or interest in or to such intellectual
property rights.
4.3. The information you submit to us as part of your registration, and any
data, text and other material that you may submit or post to us ("User
Content") remain your intellectual property, and the Company does not claim
any ownership of the copyright or other proprietary rights in such
registration information and the User Content. Notwithstanding the foregoing,
you agree that the Company may retain copies of all registration information
and the User Content and use such information and the User Content as
reasonably necessary for or incidental to its operation of the Service and as
described in these Terms and the Privacy Policy.
4.4. You grant the Company the non-exclusive, worldwide, transferable,
perpetual, irrevocable right to publish, distribute, publicly display and
perform the User Content in connection with the Service.
4.5. Each user of the Service is solely responsible for any and all his or her
User Content. Because we do not control the User Content, you acknowledge and
agree that we are not responsible for any User Content and we make no
guarantees regarding the accuracy, currency, suitability, or quality of any
User Content, and we assume no responsibility for any User Content. Your
interactions with other Service users are solely between you and such user.
You agree that the Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between
you and any Service user, we are under no obligation to become involved.
4.6. Subject to these Terms, the Company grants you a non-transferable,
non-exclusive, license (without the right to sublicense) to (i) use the
Service solely for your personal, non-commercial purposes; (ii) the Service
solely for your personal, non-commercial purposes.
4.7. You agree, and represent and warrant, that your use of the Service, or
any portion thereof, will be consistent with the foregoing license, covenants
and restrictions and will neither infringe nor violate the rights of any other
party or breach any contract or legal duty to any other parties. In addition,
you agree that you will comply with all applicable laws, regulations and
ordinances relating to the Service or your use of it, and you will be solely
responsible for your own individual violations of any such laws.
4.8. You are solely responsible for obtaining the equipment and
telecommunication services necessary to access the Service, and all fees
associated therewith (such as computing devices and Internet service provider
and airtime charges).
4.9. We retain the right to implement any changes to the Service (whether to
free or paid features) at any time, with or without notice. You acknowledge
that a variety of Company's actions may impair or prevent you from accessing
the Service at certain times and/or in the same way, for limited periods or
permanently,
and agree that the Company has no responsibility or liability as a result of
any such actions or results, including, without limitation, for the deletion
of, or failure to make available to you, any content or services.
4.10. Your access to and use of the Service is at your own risk. The Company
will have no responsibility for any harm to your computing system, loss of
data, or other harm to you or any third party, including, without limitation,
any bodily harm, that results from your access to or use of the Service, or
reliance on any information or advice.
4.11. The Company has no obligation to provide you with customer support of
any kind. However, the Company may provide you with customer support from time
to time, at the Company's sole discretion.
5. THIRD PARTY CONTENT
5.1. The Service may contain links to third party websites or resources and
advertisements for third parties (collectively, "Third Party Ads"). Such Third
Party Ads are not under the control of the Company and the Company is not
responsible for any Third Party Ads. The Company provides these Third Party
Ads only as a convenience and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third Party Ads.
Advertisements and other information provided by Third Party Sites Ads may not
be wholly accurate. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources. When you link to
a third party site, the applicable service provider's terms and policies,
including privacy and data gathering practices govern. You should make
whatever investigation you feel necessary or appropriate before proceeding
with any transaction with any third party. Your transactions and other
dealings with Third Party Ads that are found on or through the App, including
payment and delivery of related goods or services, are solely between you and
such merchant or advertiser.
5.2. You hereby release us, our officers, employees, agents and successors
from claims, demands any and all losses, damages, rights, claims, and actions
of any kind including personal injuries, death, and property damage, that is
either directly or indirectly related to or arises from any interactions with
or conduct of any other Service users, or any Third Party Ads.
6. PAYMENT AND REFUND
6.1. Breeze Services offers certain functionalities and features that can be
used without charge. While it is optional, you may choose to provide your name
and email address when utilizing these services. It is important to note that
the free version of Breeze Services has limitations, and some functionalities
and features available to paid users may not be accessible.
6.2. We offer subscription plans and in-app purchases that provide access to
enhanced services and additional features for a fee
(“Purchased Content”). If you have purchased Purchased
Content through a third-party platform and there is a subscription period
applicable, it will automatically renew until you decide to terminate it. To
avoid being charged for the next billing period, you must cancel your
subscription before it renews.
6.3. You authorize us to charge the applicable fees to the payment method that
you submit.
6.4. Generally, all purchases are considered final and non-refundable, except
in cases where it is required by law. Refunds from Apple App Store: Due to
security and privacy reasons, we are unable to view, access, or modify any
financial transactions related to Apple. If you require a refund from Apple
Store, we kindly request that you contact the appropriate support team of
Apple to handle your refund request. Please be aware that the refund policy
will be governed by the applicable payment policy of Apple App Store, which
may or may not allow for refunds. For any refund-related inquiries or to
manage your Purchased Content, please get in touch with the respective third
party's support.
6.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN
AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED
TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT,
WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
Website Refunds:
If you are a resident in the European Union and make a purchase from our
website, you agree to waive your right to refund once the Purchased Content is
downloaded or the relevant purchase is made. If you are not a resident of the
European Union and your local laws do not establish mandatory regulations to
the contrary, you do not have the right to cancel your purchases once the
Purchased Content is downloaded or the relevant purchase is made. This means
that once the app is downloaded and delivered, you will be unable to cancel
your order or obtain a refund. The same policy applies to subscriptions and
in-app purchases.
Cancellation of Services: You can
cancel your Purchased Content by writing to support@bsnj.co with the
cancellation request. Please note that if you purchased your Purchased Content
through the Apple App Store or Google Play, you may cancel it according to the
policies established by Apple and Google. Upon canceling your subscription,
you will not receive a refund for any fees you have already paid, and you will
continue to have access to Breeze Services until the end of your current
subscription period.
Promotion and Discount Codes:
Certain promotional offers may grant you access to a free trial period. Please
note that our promotion codes or offers cannot be used in conjunction with any
other promotion code or offer, whether past or present. Introductory offers
are exclusively available to new users of Breeze Services, unless expressly
stated otherwise. Previous users or trial users of Breeze Services do not
qualify as new users. Unless otherwise specified in the promotion's terms, any
pricing promotions or discounts will be applicable only during the initial
subscription period, and subsequent renewals will be charged at the
non-discounted rate for the corresponding subscription type.
7. USER REPRESENTATIONS AND RESTRICTIONS
7.1. By using the Service, you represent and warrant that:
-
7.1.1. you have the legal capacity and you agree to comply with these
Terms;
- 7.1.2. you are not under the age of 16;
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7.1.3. you will not access the Service through automated or non-human
means, whether through a bot, script or otherwise;
-
7.1.4. you will not use the Service for any illegal or unauthorized
purpose;
-
7.1.5. you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as
a "terrorist supporting" country;
-
7.1.6. you are not listed on any U.S. government list of prohibited or
restricted parties; and
-
7.1.7. your use of the Service will not violate any applicable law or
regulation.
7.2. If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to refuse any and all current or future use
of the Service (or any portion thereof).
7.3. You may not access or use the Service for any purpose other than that for
which we make the Service available. The Service may not be used in connection
with any commercial endeavors except those that are specifically endorsed or
approved by us.
7.4. As a user of the Service, you agree not to:
-
7.4.1. systematically retrieve data or other content from the Service to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us;
- 7.4.2. make any unauthorized use of the Service;
-
7.4.3. make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the Service;
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7.4.4. use the Service for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended;
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7.4.5. make the Service available over a network or other environment
permitting access or use by multiple devices or users at the same time;
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7.4.6. use the Service for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute
for the Service;
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7.4.7. use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices
for use with the Service;
-
7.4.8. circumvent, disable, or otherwise interfere with security-related
features of the Service;
- 7.4.9. engage in unauthorized framing of or linking to the Service;
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7.4.10. interfere with, disrupt, or create an undue burden on the Service
or the networks or services connected to the Service;
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7.4.11. decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Service;
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7.4.12. attempt to bypass any measures of the Service designed to prevent
or restrict access to the Service, or any portion of the Service;
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7.4.13. upload or distribute in any way files that contain viruses, worms,
trojans, corrupted files, or any other similar software or programs that
may damage the operation of another's computer;
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7.4.14. use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Service, or using or launching any
unauthorized script or other software;
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7.4.15. use the Service to send automated queries to any website or to
send any unsolicited commercial e- mail;
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7.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Service;
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7.4.17. use the Service in a manner inconsistent with any applicable laws
or regulations; or
- 7.4.18. otherwise infringe these Terms.
8. DISCLAIMER OF WARRANTIES
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND
"AS AVAILABLE". THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE
PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-
INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES,
LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER
INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR
CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME
OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME
CAN BE ACHIEVED.
9. LIMITATION OF LIABILITY
9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE
OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR
THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE WEBSITE, CONTENT
AND USER CONTENT), AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR
LOSS OF DATA RESULTING THEREFROM.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT
THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING
FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU
HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS
BETWEEN THE COMPANY AND YOU.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. INDEMNITY
You agree to indemnify and hold the Company, its successors, subsidiaries,
affiliates, any related companies, its suppliers, licensors and partners, and
the officers, directors, employees, agents and representatives of each of them
harmless, including costs and attorneys' fees, from any claim or demand made
by any third party due to or arising out of (i) your use of the Service, (ii)
your User Content, or (iii) your violation of these Terms. The Company
reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims. You agree not to settle any
matter without the prior written consent of the Company. The Company will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
11. INTERNATIONAL USE
The Company makes no representation that the Service is accessible,
appropriate or legally available for use in your jurisdiction, and accessing
and using the Service is prohibited from territories where doing so would be
illegal. You access the Service at your own initiative and are responsible for
compliance with local laws.
12. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
12.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY
HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL
ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A
TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
12.2. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY
NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
12.3. YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE
PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND
ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL
CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED
FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A
JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE
RESOLUTION.
12.4. Arbitration is more informal way to settle disputes than a lawsuit in
court. A neutral arbitrator instead of a judge or jury is used in arbitration,
which allows for more limited discovery than in court, and is subject to very
limited review by courts. The same damages and relief that a court can award
can be awarded by arbitrators. Please see more information about arbitration
at
http://www.adr.org.
12.5. A party which intends to seek arbitration must first send to the other a
written notice of intent to arbitrate (a "Notice") by an international courier
with a tracking mechanism, or, in the absence of a mailing address provided by
you to us, via any other method available to us, including via e-mail. The
Notice to the Company must be addressed to: Florinis 7, Greg Tower, 2nd Floor,
1065, Nicosia, Cyprus (as applicable,
the "Arbitration Notice Address"). The Notice shall (i) describe the basis and
nature of the claim or dispute; and (ii) set the specific relief sought (the
"Demand"). If you and the Company do not reach an agreement to resolve the
claim within 30 days after the Notice is received, then you or we may commence
an arbitration proceeding as set forth below or file an individual claim in
small claims court.
12.6. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER
THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE
SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS
MODIFIED BY THESE TERMS.
12.7. If you commence arbitration against us, you are required to provide a
second Notice to the Company at the Arbitration Notice Address within seven
(7) days of arbitration commencement. The Rules and AAA forms are available
online at
http://www.adr.org
Unless your Demand is equal to or greater than $1,000 or was filed in bad
faith, in which case you are solely responsible for the payment of the filing
fee, if you are required to pay a filing fee to commence an arbitration
against us, then we will promptly reimburse you for your confirmed payment of
the filing fee upon our receipt of the second Notice at the Arbitration Notice
Address that you have commenced arbitration along with a receipt evidencing
payment of the filing fee.
12.8. The arbitration shall be conducted exclusively in English. A single,
independent and impartial arbitrator with his or her primary place of business
in Alexandria, Virginia (if you are from the United States) or in Nicosia,
Republic of Cyprus (if you are not from the United States) will be appointed
pursuant to the Rules, as modified herein. You and the Company agree to comply
with the following rules, which are intended to streamline the arbitration
process and reduce the costs and burdens on the parties: (i) the arbitration
will be conducted online and/or be solely based on written submissions, the
specific manner to be chosen by the party initiating the arbitration; (ii) the
arbitration will not require any personal appearance by the parties or
witnesses unless otherwise mutually agreed in writing by the parties; and
(iii) any judgment on the award the arbitrator renders may be entered in any
court of competent jurisdiction.
12.9. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE
THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE
PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS
FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION
SECTION WILL BE NULL AND VOID.
12.10. The arbitrator shall have the exclusive and sole authority to resolve
any dispute relating to the interpretation, construction, validity,
applicability, or enforceability of these Terms, the Privacy Policy, and this
arbitration provision. The arbitrator shall have the exclusive and sole
authority to determine whether this arbitration clause can be enforced against
a non-party to this agreement and whether a non-party to these Terms can
enforce its provision against you or us.
12.11. Barring extraordinary circumstances, the arbitrator will issue his or
her final, confidential decision within 120 days from the date the arbitrator
is appointed. The arbitrator may extend this time limit for an additional 30
days upon a showing of good cause and in the interests of justice. All
arbitration proceedings will be closed to the public and confidential, and all
records relating thereto will be permanently sealed, except as necessary to
obtain court confirmation of the arbitration award. The award of the
arbitrator will be in writing and will include a statement setting forth the
reasons for the disposition of any claim. The arbitrator shall apply the laws
of the Commonwealth of Virginia without regard to its conflicts of laws
principles in conducting the arbitration. You acknowledge that these terms and
your use of the Service evidences a transaction involving interstate commerce.
The United States Federal Arbitration Act ("FAA") will govern the
interpretation, enforcement, and proceedings pursuant to this Section 12. Any
award rendered shall be final, subject to appeal under the FAA.
12.12. The abovestated provisions of this Section 12 shall not apply to any
claim in which either party seeks equitable relief to protect such party's
copyrights, trademarks, patents, or other intellectual property. For the
avoidance of doubt, you agree that, in the event the Company or a third party
breaches these Terms, the damage or harm, if any, caused to you will not
entitle you to seek injunctive or other equitable relief against us, and your
only remedy will be for monetary damages, subject to the limitations of
liability set forth in these Terms.
12.13. You and we agree that, notwithstanding any other rights a party may
have at law or in equity, any claim arising out of or related to these Terms
(including the Privacy Policy) or the Service, excluding a claim for
indemnification, must be initiated with the AAA or filed in the respective
court within one (1) year after the claim accrues. Otherwise, such cause of
action is permanently and forever barred. This one (1) year period includes
the thirty (30) day pre-dispute procedure set forth in sub-clause 12.5 above.
12.14. All claims you bring against the Company must be resolved in accordance
with this Section. All claims filed or brought contrary to this Section shall
be considered improperly filed. Should you file a claim contrary to this
Section, the Company may recover attorneys' fees and reimbursement of its
costs, provided that the Company has notified you in writing of the improperly
filed claim, and you fail to promptly withdraw such claim.
12.15. In the event that we make any material change to this arbitration
provision (other than a change to our Arbitration Notice Address), you may
reject any such change by sending us written notice to our Arbitration Notice
Address within thirty (30) days of the change, in which case your Account and
your license to use the Service will terminate immediately, and this Section,
as in effect immediately prior to the amendments you reject, will survive the
termination of these Terms.
12.16. If only clause 12.9 above or the entirety of this Section 12 is found
to be unenforceable, then the entirety of this Section 12 will be null and
void and, in such case, the parties agree that the exclusive jurisdiction and
venue described in Section 13 will govern any action arising out of or related
to this Agreement.
12.17. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A
COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR
REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY
CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION.
12.18. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN
THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE
SERVICE BY WRITING TO support@bsnj.co OR TO THE ARBITRATION NOTICE ADDRESS.
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE
OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO
IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE
PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE
YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
13. GOVERNING LAW
13.1. The laws of the Republic of Cyprus, excluding its body of law governing
conflicts of law principles, govern these Terms.
13.2. To the extent that any action relating to any dispute hereunder is
permitted to be brought in a court of law, such action will be subject to the
exclusive jurisdiction of the courts of Nicosia, the Republic of Cyprus – if
you are not a resident of the United States;
You hereby irrevocably submit to personal jurisdiction and venue in such
courts, and waive any defense of improper venue or inconvenient forum.
14. MISCELLANEOUS PROVISIONS
14.1. No delay or omission by us in exercising any of our rights occurring
upon any noncompliance or default by you with respect to these Terms will
impair any such right or be construed to be a waiver thereof, and a waiver by
the Company of any of the covenants, conditions or agreements to be performed
by you will not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement hereof contained.
14.2. Subject to Section 12, if any provision of these Terms is found to be
invalid or unenforceable, then these Terms will remain in full force and
effect and will be reformed to be valid and enforceable while reflecting the
intent of the parties to the greatest extent permitted by law.
14.3. Except as otherwise expressly provided herein, these Terms set forth the
entire agreement between you and the Company regarding its subject matter, and
supersede all prior promises, agreements or representations, whether written
or oral, regarding such subject matter.
14.4. The Company may transfer or assign any and all of its rights and
obligations under these Terms to any other person, by any way, including by
novation, and by accepting these Terms you give the Company consent to any
such assignment and transfer. You confirm that placing on the Service of a
version of these Terms indicating another person as a party to the Terms shall
constitute valid notice to you of the transfer of Company's rights and
obligations under the Agreement (unless otherwise is expressly indicated).
14.5. All information communicated on the Service is considered an electronic
communication. When you communicate with us through or on the Service or via
other forms of electronic media, such as e-mail, you are communicating with us
electronically. You agree that we may communicate electronically with you and
that such communications, as well as notices, disclosures, agreements, and
other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they
were in writing and signed by the party sending the communication. You further
acknowledge and agree that by clicking on a button labeled "SUBMIT",
"CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are
submitting a legally binding electronic signature and are entering into a
legally binding contract. You acknowledge that your electronic submissions
constitute your agreement and intent to be bound by these Terms. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED THROUGH THE SERVICE.
14.6. In no event shall the Company be liable for any failure to comply with
these Terms to the extent that such failure arises from factors outside the
Company's reasonable control.
15. CONTACT
If you want to send any notice under these Terms or have any questions
regarding the Service, you may contact us at: support@bsnj.co Basenji Apps
Limited, Florinis, 7, GREG TOWER, 2nd floor, 1065, Nicosia, Cyprus.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.