Last updated July 30, 2024
AGREEMENT TO OUR LEGAL TERMS
We are DATAWAVE ( "Company," "we," "us," "our" ) , a company registered in Belize
at 3 Hibiscus Street , Belmopan , Cayo District .
We operate the website
cafe.ub.edu.bz
(the "Site" ) ,
the mobile
application UniFood: Plattr for Students (the
"App" ) , as well as any other related
products and services that refer or link to these legal terms (the
"Legal Terms" ) (collectively, the "Services" ).
You can contact us by phone at
+501 631-6858 , email at
alexdev404@protonmail.com , or by mail to
3 Hibiscus Street ,
Belmopan ,
Cayo District , Belize .
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ( "you" ), and DATAWAVE ,
concerning your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are
using. Changes to Legal Terms will become effective seven (7)
days after the notice is given , except if the changes
apply to new functionality , security updates , and bug fixes , in which case the changes will be effective
immediately . By continuing to use the Services
after the effective date of any changes, you agree to be bound by the modified terms. If you
disagree with such changes, you may terminate Services as per the section
" TERM AND TERMINATION ."
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content" ), as well as the trademarks,
service marks, and logos contained therein (the
"Marks" ).
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES " section
below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use .
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: alexdev404@protonmail.com . If we ever grant you the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the " PROHIBITED ACTIVITIES " section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ( "Submissions" ), you agree to assign to
us all intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ( "Contributions" ). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites .
When you post Contributions, you grant us a license (including use of your name, trademarks,
and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and
through any media channels.
This license
includes our use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part
of the Services or making Contributions accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you:
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all moral rights to any such
Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any time
without notice if in our reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately refer to the " COPYRIGHT INFRINGEMENTS "
section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services ; (5) you will not access the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
5. PRODUCTS
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time.
All payments shall be in Belize dollars .
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested
or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment , appear to be placed by
dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise. Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights to
use the Services.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your
account from the Services to any of your social networking accounts , you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to
post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices
owned or controlled by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection with your access
or use of the App; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavor , commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the App available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a product, service,
or software that is, directly or indirectly, competitive with or in any way a substitute for
the App; (8) use the App to send automated queries to any website or to send any unsolicited
commercial email; or (9) 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 App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor" ) to access the Services: (1) the license
granted to you for our App is limited to a non-transferable
license to
use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible
for providing any maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application
license
contained in these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of any failure of
the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund
the purchase price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation whatsoever with
respect to the App; (4) you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or that has been designated by the US government
as a "terrorist supporting"
country and (ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when using the
App, e.g. ,
if you have a VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will
be deemed to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a "Third-Party Account" ) by
either: (1) providing your Third-Party Account login information through the
Services; or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and conditions that govern your
use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your
Third-Party
Account login information to us and/or grant us access to your
Third-Party
Account, without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party
Account (the "Social Network Content" ) so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in such
Third-Party
Accounts, personally identifiable information that you post to your
Third-Party
Accounts may be available on and through your account on the Services. Please note
that if a Third-Party Account or
associated service becomes unavailable or our access to such
Third-Party
Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Services. You will have the
ability to disable the connection between your account on the Services and your
Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY
YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address
book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account by
contacting us using the contact information below or through your account settings
(if applicable). We will attempt to delete any information stored on our servers
that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App ) links to other websites ( "Third-Party Websites" ) as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third
parties ( "Third-Party Content" ). Such Third-Party Websites and
Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through
the Services or any Third-Party Content posted
on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained
in the Third-Party Websites or the
Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party
Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or relating to
any applications you use or install from the Services. Any purchases you make through
Third-Party
Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party
Websites and you shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party
Content or any contact with Third-Party Websites.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by
our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in Belize . If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
Belize , then through your continued use of the Services, you
are transferring your data to
Belize , and you expressly consent to have your data
transferred to and processed in
Belize .
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a "Notification" ). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
Inactivity and Account Deletion
- Inactivity Period: If a user does not log into their account for a continuous period of 3 months, the account will be considered inactive.
- Account Deletion: Accounts that remain inactive for the specified period will be subject to deletion. Users will be notified via automated email through the app's email address cafeteria@ub.edu.bz before their account is deleted.
- Forfeiture of Currency: Upon deletion of an inactive account, any remaining virtual currency in the account will be forfeited and claimed by the platform. Users will not be entitled to any compensation for the forfeited currency.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We also reserve
the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during
any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
20. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Belize . DATAWAVE and yourself irrevocably consent that the courts of
Belize
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Legal Terms (each a "Dispute" and collectively,
the "Disputes" ) brought by either you or us
(individually, a "Party" and collectively, the "Parties" ), the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number of arbitrators
shall be five (5) . The seat, or legal place, or arbitration shall
be Belize City ,
Belize . The language of the proceedings shall be
English . The governing law of these Legal Terms shall be
substantive law of Belize .
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. 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 BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
28. SMS TEXT MESSAGING
Message Frequency
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received.
The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email
us at alexdev404@protonmail.com
or call at +501 631-6858 .
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
30. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at: