Terms & Conditions
Terms of Service
This web page represents a legal document that serves as our Terms
of Service and it governs the legal terms of our website, http://www.bynice.mu,
sub-domains, and any associated web-based and mobile applications
(collectively, "Website"), as owned and operated by byNice Ltd.
Capitalized terms, unless otherwise defined, have the meaning
specified within the Definitions section below. This Terms of Service, along
with our Privacy Policy, any mobile license agreement, and other posted
guidelines within our Website, collectively "Legal Terms", constitute
the entire and only agreement between you and byNice Ltd, and supersede all
other agreements, representations, warranties and understandings with respect
to our Website and the subject matter contained herein. We may amend our Legal
Terms at any time without specific notice to you. The latest copies of our
Legal Terms will be posted on our Website, and you should review all Legal
Terms prior to using our Website. After any revisions to our Legal Terms are
posted, you agree to be bound to any such changes to them. Therefore, it is
important for you to periodically review our Legal Terms to make sure you still
agree to them.
By accessing this website, you are agreeing to be bound by these
Website Terms and Conditions of Use, all applicable laws and regulations, and
agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or
accessing this site. The materials contained in this Website are protected by
applicable copyright and trademark law.
The last update to our Terms of Service was posted on May 12,
2018.
Definitions
The terms "us" or "we" or "our" refers to byNice
Ltd, the owner of the Website.
A "Visitor" is someone who merely browses our Website,
but has not registered as Member.
A "Member" is an individual that has registered with us
to use our Service.
Our "Service" represents the collective functionality
and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to
either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered
through our Website are collectively known as our "Content".
Use License
a.
Permission is granted to temporarily download one copy of the
materials (information or software) on byNice Ltd’s Website for personal,
non-commercial transitory viewing only. This is the grant of a license, not a
transfer of title, and under this license you may not:
i.
modify or copy the materials;
ii.
use the materials for any commercial purpose, or for any public
display (commercial or non-commercial);
iii.
attempt to decompile or reverse engineer any software contained on
byNice Ltd’s website;
iv.
remove any copyright or other proprietary notations from the
materials; or
v.
transfer the materials to another person or “mirror” the materials
on any other server.
b.
This license shall automatically terminate if you violate any of
these restrictions and may be terminated by byNice Ltd at any time. Upon
terminating your viewing of these materials or upon the termination of this
license, you must destroy any downloaded materials in your possession whether
in electronic or printed format.
Restricted Uses
Listing of offered products on the Website could be used only for lawful
purposes by Users of the Website. You could not frame or utilize framing
techniques to enclose any hallmark, logo, copyrighted image, or most
proprietary details (consisting of images, text, page layout, or type) of
byNice Ltd without express composed consent. You might not use any meta tags or
any various other "unseen text" utilizing byNice Ltd's name or
trademarks without the express written consent of byNice Ltd. You agree not to
offer or modify any content found on the Website consisting of, however not
limited to, names of Users and Content, or to recreate, display, openly
perform, distribute, or otherwise make use of the Material, in any way for any
public function, in connection with services or products that are not those of
byNice Ltd, in other way that is likely to trigger confusion among consumers,
that disparages or challenges byNice Ltd or its licensors, that dilutes the
strength of byNice Ltd's or its licensor's residential property, or that
otherwise infringes byNice Ltd's or its licensor's copyright rights. You also
agree to abstain from abusing any of the material that appears on the Site. The
use of the Material on any other website or in a networked computer system
environment for any purpose is prohibited. Any code that byNice Ltd develops to
generate or show any Material of the pages making up the Website is likewise
secured by byNice Ltd's copyright, and you may not copy or adjust such code.
byNice Ltd has no duty to keep track of any products published, transferred,
or connected to or with the Site. If you think that something on the Website
breaches these Terms please contact our marked representative as set forth
below.
If alerted by a User of any products which allegedly do not
conform to these Terms, byNice Ltd could in its single discernment explore the
allegation and figure out whether to take other actions or ask for the removal
or get rid of the Content. byNice Ltd has no liability or duty to Individuals
for efficiency or nonperformance of such activities.
Electronic Communication
You are connecting with us electronically when you go to the Website or send
out emails to us. You consent to get interactions from us online. We will
connect with you by email or by uploading notifications on the Site.
Your Account
If you utilize the Website, you are accountable for maintaining the
confidentiality of your account and password and you accept responsibility for
all activities that happen under your account and password. You also accept not
to reveal any personally identifiable information, consisting of, however not
limited to, first and last names, credentials, or various other details of a
personal nature ("Personal Data") from the Site. Your disclosure of
any Personal Data on the website might result in the immediate termination of
your account. byNice Ltd additionally reserves the right to refuse service,
terminate accounts, and remove or edit Content at its sole discernment.
byNice Ltd does not guarantee the truthfulness, precision, or
dependability of Content on the site, consisting of Personal Data. Each
Individual is accountable for upgrading and changing any pertinent account info
when essential to preserve the truthfulness, precision, or reliability of the
details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product
and services purchased by means of the Website, so long as the Material is not
unlawful, profane, threatening, defamatory, an invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not include industrial solicitation, mass mailings, or
any type of "spam." You may not use another User's account to
impersonate a User or entity, or otherwise deceive as to the origin of the
opinions. byNice Ltd reserves the right (however is not bound) to eliminate or
modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless byNice Ltd
suggests otherwise, you grant byNice Ltd a nonexclusive, royalty-free,
permanent, irrevocable, and completely sublicensable right to utilize,
recreate, modify, adjust, release, equate, create derivative works from,
distribute, and screen such content throughout the world, in any media. You
grant byNice Ltd and sublicenses the right to utilize your name in connection
with such Material, if they choose. You represent and require that You own or
otherwise control all the rights to the content that You post; that the content
is accurate; that use of the content You supply does not violate this policy
and will not trigger injury to anyone or entity; which You will indemnify
byNice Ltd for all claims resulting from Content You supply. byNice Ltd has the
right but not the commitment to edit and keep track of or eliminate any task or
Material. byNice Ltd takes no duty and assumes no liability for any content
published by You or any 3rd party.
Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of our Website. byNice
Ltd reserves the right to investigate complaints or reported violations of our
Legal Terms and to take any action we deem appropriate, including but not
limited to canceling your Member account, reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP
addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our
affiliates or other companies, in the form of words, graphics, and logos. Your
use of our Website does not constitute any right or license for you to use such
service marks/trademarks, without the prior written permission of the
corresponding service mark/trademark owner. Our Website is also protected under
international copyright laws. The copying, redistribution, use or publication
by you of any portion of our Website is strictly prohibited. Your use of our
Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on byNice Ltd’s Website could include technical,
typographical, or photographic errors. byNice Ltd does not warrant that any of
the materials on its Website are accurate, complete, or current. byNice Ltd may
make changes to the materials contained on its Website at any time without
notice. byNice Ltd does not, however, make any commitment to update the
materials.
Disclaimer
The materials on byNice
Ltd's Website are provided "as is" byNice Ltd makes
no warranties, expressed or implied, and hereby disclaims and negates all other
warranties, including without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, or non-infringement of
intellectual property or other violation of rights. Furthermore, byNice
Ltd does not warrant or make any representations concerning the
accuracy, likely results, or reliability of the use of the materials on its
Internet Website or otherwise relating to such materials or on any sites linked
to this site. The Website serves as a venue for Individuals to purchase
distinct service or products. Neither byNice Ltd nor the Website has control
over the quality or fitness for a particular function of a product. byNice Ltd
likewise has no control over the accuracy, reliability, completeness, or
timeliness of the User-submitted details and makes no representations or
warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY byNice Ltd ON AN "AS IS"
AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
byNice Ltd MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, byNice Ltd
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR
PURPOSE. byNice Ltd DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL
SENT FROM byNice Ltd ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. byNice Ltd
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE
APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO
SCENARIO SHALL byNice Ltd'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE
WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN
AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided
solely as a convenience to you. By linking to these websites, we do not create
or have an affiliation with, or sponsor such third party websites. The
inclusion of links within our Website does not constitute any endorsement,
guarantee, warranty, or recommendation of such third party websites. byNice Ltd
has no control over the legal documents and privacy practices of third party
websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
byNice Ltd may revise these Terms of Service for its Website at any time
without notice. By using this Website you are agreeing to be bound by the then
current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to byNice Ltd’s Website shall be governed by the laws of
Mauritius without regard to its conflict of law provisions, and You consent to
exclusive jurisdiction and venue in such courts.
Indemnity
You accept defend,
indemnify, and hold safe byNice Ltd, its affiliates, and their corresponding
officers, directors, agents and workers, from and against any claims, actions
or demands, including without limitation affordable legal, accounting, and
other provider charges, affirming or resulting from (i) any Content of most
material You offer to the Site, (ii) Your use of any Content, or (iii) Your
breach of the terms of these Terms. byNice Ltd will provide notice to You
promptly of any such claim, match, or case.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in
Mauritius and shall be governed by and construed in accordance with the laws of
Mauritius without regard to conflict of law principles. In addition, you agree
to submit to the personal jurisdiction and venue of such courts. Any cause of
action by you with respect to our Website, must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. Should
any part of our Legal Terms be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that any Content in our
Website conflicts or is inconsistent with our Legal Terms, our Legal Terms
shall take precedence. Our failure to enforce any provision of our Legal Terms
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. The rights of byNice Ltd under our Legal Terms shall survive the
termination of our Legal Terms.