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Terms of Service

  1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS
    Each time you use or cause access to balibeachco.com, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on balibeachco.com or accessed via balibeachco.com, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s Privacy policy, which is incorporated within these Terms of use by reference.
  2. BALI BEACH CO. SERVICE
    balibeachco.com and the services provided to you on and via balibeachco.com are provided on an “AS IS” basis. You agree that Bali Beach Co. reserves the right to modify or discontinue provision of balibeachco.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Bali Beach Co. will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
  3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
    In order to use balibeachco.com or certain parts of it, you may be required to register for a user account on balibeachco.com; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by Bali Beach Co. that are published herein.
  4. PRIVACY POLICY
    Registration data and other personally identifiable information that the site may collect is subject to the terms of Bali Beach Co. Privacy policy.
  5. REGISTRATION AND PASSWORD
    You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Bali Beach Co. of any unauthorized use of your user account, user name or password.
  6. REFUND POLICY
    Please see our Return Policy Page
  7. YOUR CONDUCT
    You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that balibeachco.com may expose you to content that may be objectionable or offensive. Bali Beach Co. will not be responsible to you in any way for content displayed on balibeachco.com, nor for any error or omission.
    By using balibeachco.com or any service provided, you explicitly agree that:
    1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of balibeachco.com or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
    2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
    3. you will not collect or harvest any information about other users;
    4. you will not provide, and you will not use balibeachco.com to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use balibeachco.com to promote or operate any service or content without Bali Beach Co. prior written consent;
    5. you will not provide any content that may give rise to Bali Beach Co. being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
  8. SUBMISSION OF CONTENT ON BALIBEACHCO.COM
    By providing any content to balibeachco.com:
    1. you agree to grant Bali Beach Co. a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
    2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Bali Beach Co. the license specified in this section 7;
    3. you acknowledge and agree that Bali Beach Co. will have the right (but not obligation), at Bali Beach Co. entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
  9. THIRD-PARTY SERVICES
    Goods and services of third parties may be advertised and/or may be made available on or through balibeachco.com. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Bali Beach Co. will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
  10. INDEMNIFICATION
    You agree to indemnify and hold harmless Bali Beach Co. and Bali Beach Co. representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with balibeachco.com or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
  11. DISCLAIMER OF WARRANTIES
    YOU UNDERSTAND AND AGREE THAT YOUR USE OF BALIBEACHCO.COM AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND BALI BEACH CO. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    BALI BEACH CO. MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER BALI BEACH CO. NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA BALIBEACHCO.COM MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT BALI BEACH CO. WILL NOT BE HELD LIABLE IN ANY WAY.

    Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

  12. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BALI BEACH CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

    In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

  13. RESERVATION OF RIGHTS
    Bali Beach Co. reserves all of Bali Beach Co.’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Bali Beach Co. may have in respect of balibeachco.com, its content, and goods and services that may be provided. The use of Bali Beach Co.’s rights and property requires Bali Beach Co.’s prior written consent. By making services available to you, Bali Beach Co. is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of balibeachco.com or provided services without Bali Beach Co.’s prior written consent.
  14. NOTIFICATION OF COPYRIGHT INFRINGEMENT
    If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Bali Beach Co.’s copyright agent may be contacted via email at contact@balibeachco.com
  15. APPLICABLE LAW
    You agree that these Terms of use and any dispute arising out of your use of balibeachco.com or products or services provided will be governed by and construed in accordance with local laws applicable in Utah, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on balibeachco.com, or by using balibeachco.com and the services it provides, you accept that jurisdiction is granted to the courts of Utah, and that any disputes will be heard by the said courts.
  16. MISCELLANEOUS INFORMATION
    (i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of balibeachco.com or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Bali Beach Co. may assign Bali Beach Co.’s rights and obligations under these Terms of use; in this event, Bali Beach Co. will be relieved of any further obligation.
  17. CUSTOMER REVIEWS
    These terms and conditions applies to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews for WooCommerce plugin.

Background

(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.

1 Consumer Details

1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.

1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.

1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:

1.3.1. with the previous written consent of you and/or the Consumer;

1.3.2. where details of that Consumer have been provided to us by a third party;

1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or

1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or

1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.

2 Rights

All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.

3 Indemnity

Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:

(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.

Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

4 Limitation of Liability

4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.

4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.

5 Personal Information

Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@cusrev.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.

We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.

Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).

When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.

Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.

Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.

When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.

Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from Customer Reviews database.

6 Disclaimer

Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@cusrev.com.

Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.

Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.

Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.

Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.

Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.

We reserve the right to delete reviews that are solicited from external websites.

Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.